(65 ILCS 5/Art. 1 heading) ARTICLE 1
GENERAL PROVISIONS
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(65 ILCS 5/Art. 1 Div. 1 heading) DIVISION 1.
SHORT TITLE, DEFINITIONS,
SCOPE OF CODE, GRANT OF CERTAIN POWERS
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(65 ILCS 5/1-1-1) (from Ch. 24, par. 1-1-1)
Sec. 1-1-1.
This Code shall be known and may be cited as the Illinois Municipal Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
Sec. 1-1-2. Definitions. In this Code:
(1) "Municipal" or "municipality" means a city, village, or incorporated
town in the State of Illinois, but, unless the context otherwise provides,
"municipal" or "municipality" does not include a township, town when used
as the equivalent of a township, incorporated town that has
superseded
a civil township, county, school district, park district, sanitary district,
or any other similar governmental district. If "municipal" or "municipality"
is given a different definition in any particular Division or Section of
this Act, that definition shall control in that
division or Section only.
(2) "Corporate authorities" means (a) the mayor and alderpersons or similar body
when the reference is to cities, (b) the president and trustees
or similar body
when the reference is to villages or incorporated towns, and (c) the council
when the reference is to municipalities under the commission form of municipal
government.
(3) "Electors" means persons qualified to vote for elective officers at
municipal elections.
(4) "Person" means any individual, partnership, corporation, joint stock
association, or the State of Illinois or any subdivision of the State; and includes
any trustee, receiver, assignee, or personal representative of any of
those entities.
(5) Except as otherwise provided by ordinance, "fiscal year" in all municipalities
with fewer than 500,000 inhabitants, and "municipal year" in
all municipalities,
means the period elapsing (a) between general municipal elections in succeeding
calendar years, or (b) if general municipal elections are held biennially,
then between a general municipal election and the same day of the same month
of the following calendar year, and between that day and the next succeeding
general municipal election, or (c) if general municipal elections are held
quadrennially, then between a general municipal election and the same day
of the same month of the following calendar year, and between that day and
the same day of the same month of the next following calendar year, and
between the last mentioned day and the same day of the same month of the
next following calendar year, and between the last mentioned day and the
next succeeding general municipal election. The fiscal year of each municipality
with 500,000 or more inhabitants shall commence on January 1.
(6) Where reference is made to a county within which a municipality,
district, area, or territory is situated, the reference is to the county
within which is situated the major part of the area of that
municipality, district, area, or territory, in case the municipality,
district, area, or territory is situated in 2 or more counties.
(7) Where reference is made for any purpose to any other Act, either specifically
or generally, the reference shall be to that Act and to all amendments to
that Act
now in force or that may be hereafter enacted.
(8) Wherever the words "city council", "alderpersons", "commissioners", or
"mayor" occur, the provisions containing these words shall apply to the
board of trustees, trustees, and president, respectively, of villages and
incorporated towns and councilmen in cities, so far as those provisions
are applicable to them.
(9) The terms "special charter" and "special Act" are synonymous.
(10) "General municipal election" means the biennial regularly scheduled
election for the election of officers of cities, villages, and incorporated
towns, as prescribed by the general election law; in the case of municipalities
that elect officers annually, "general municipal election"
means each regularly
scheduled election for the election of officers of cities, villages, and
incorporated
towns.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/1-1-2.1) (from Ch. 24, par. 1-1-2.1)
Sec. 1-1-2.1.
The president of a village or incorporated town may be
referred to as mayor or president of such village or incorporated town.
(Source: P.A. 76-1911.)
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(65 ILCS 5/1-1-3) (from Ch. 24, par. 1-1-3)
Sec. 1-1-3.
All existing municipalities which were incorporated or which
changed their corporate organization under "An Act to provide for the
incorporation of cities and villages," approved April 10, 1872, as amended,
and all existing municipalities which were incorporated under any general
act prior to July 1, 1872, shall be treated as properly incorporated under
this Code.
All municipalities incorporated under any special act in effect prior to
July 1, 1872, which at the date of the passage of this Code are still
functioning under the special act which created them, shall remain as
properly incorporated under that special act.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-1-4) (from Ch. 24, par. 1-1-4)
Sec. 1-1-4.
This Code shall apply generally to all municipalities
which are treated as properly incorporated under this Code as provided
in the first paragraph of Section 1-1-3 and to all municipalities which
are incorporated under this Code.
This Code shall also apply generally to all municipalities
incorporated and now existing under a special charter except to the
extent that this Code is in conflict with any provision in a special
charter, and except as otherwise provided in subsection (1) of Section
1-1-2. In the event that there is a conflict between a provision in this
Code and a provision in a special charter, the special charter shall
govern except where any such charter conflicts with or is inconsistent
with the general election law and except where a provision in this Code
is stated to apply to
municipalities incorporated under a special charter, or to
municipalities whether incorporated under a general or special act, or
words to that effect, or where it is otherwise made manifest that this
Code or any other Illinois statute is intended to govern despite the
inconsistent provisions in the special charter.
A municipality incorporated under a special charter may, by ordinance or
resolution, adopt the provisions of Sections 3.1-15-10, 3.1-20-5, and 3.1-20-22
of this Code.
However, if a particular section of this Code is limited to cities or
villages or incorporated towns or any combination thereof, or to cities,
villages, or incorporated towns of a specified type or any combination
thereof, that intention shall prevail.
(Source: P.A. 92-115, eff. 1-1-02.)
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(65 ILCS 5/1-1-5) (from Ch. 24, par. 1-1-5)
Sec. 1-1-5.
The corporate authorities of each municipality may exercise
jointly, with one or more other municipal corporations or governmental
subdivisions or districts, all of the powers set forth in this Code unless
expressly provided otherwise. In this section "municipal corporations or
governmental subdivisions or districts" includes, but is not limited to,
municipalities, townships, counties, school districts, park districts,
sanitary districts, and fire protection districts.
(Source: Laws 1965, p. 2854.)
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(65 ILCS 5/1-1-6) (from Ch. 24, par. 1-1-6)
Sec. 1-1-6.
Town under special charter superseding civil township;
powers. The corporate authorities of any town incorporated under a
special charter that has superseded a civil township shall
have the
powers enumerated in the following: Sections 1-2-1, 1-4-1 through 1-4-4,
1-4-6, 1-4-7, 1-5-1, 1-6-1, 1-7-1, 1-7-2, 1-7-3, 1-8-1, 3.1-30-5, 7-4-2, 8-1-1
through 8-1-4, 8-1-6, 8-1-8 through 8-1-14, 8-2-9, 8-3-8, 8-3-9, 8-4-1
through 8-4-34, 8-7-1 through 8-7-4, 8-7-5, 8-9-1, 8-9-2, 8-11-1 through
8-11-3, 8-11-4, 10-4-1 through 10-4-3; all of Article 9; and Divisions 1,
2, 3, 4, 5, 6, 7, 8, 10, 11, 13, 14, 15, 16, 19, 20, 22, 23, 27, 28, 30,
31, 32, 33, 34, 37, 40, 42, 43, 44, 49, 53, 54, 56, 57, 58, 59, 60, 61, 62,
68, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 87, 88, 89, 90, 91, 93,
97, 101, 104, 105, 108, 109, 110, 117, 118, 119, 121, 122, 124, 125, 126,
127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139, 140, 141, 142,
143, 144, 145, 146, 147 and 148 of Article 11. These powers
shall be
cumulative in effect, and if any provision is inconsistent with any power
expressly granted under the special charter of the municipality,
it shall
be considered as an alternative or additional power and not as a limitation
upon any other power granted or possessed by the corporate authorities of
the town incorporated under a special charter that has superseded a
civil township.
(Source: P.A. 87-1119.)
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(65 ILCS 5/1-1-7) (from Ch. 24, par. 1-1-7)
Sec. 1-1-7.
Power of municipality to contract with school boards,
hospitals, commercial and industrial facilities, and owners of shopping
centers or apartment complexes.
The corporate authorities of any municipality shall have the power to
contract with school boards, hospitals, commercial and industrial
facilities, and owners of shopping centers or
apartment complexes within and without the municipal limits in such manner
as is provided by Section 11-209 of "The Illinois Vehicle Code", approved
September 29, 1969, as amended, and as provided under Section 2 of "An Act
in relation to the regulation of motor vehicle traffic and the promotion of
safety on public highways in counties", approved August 9, 1951, as
amended.
This amendatory Act of 1972 is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10 of the Illinois
Constitution.
(Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)
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(65 ILCS 5/1-1-7.1) (from Ch. 24, par. 1-1-7.1)
Sec. 1-1-7.1.
Any municipality may establish community based committees
which shall consist of community leaders, and such committees shall coordinate
all State and federal economic programs except where otherwise prohibited
by federal law.
(Source: P.A. 84-1090.)
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(65 ILCS 5/1-1-8) (from Ch. 24, par. 1-1-8)
Sec. 1-1-8.
Whenever this Code requires or authorizes the submission of a
proposition or question to referendum, whether initiated by action of the
corporate authorities or by petition, upon such initiation, the proposition
or question shall be certified, in accordance with the general election
law, to the proper county clerks and boards of election commissioners.
Those election authorities shall submit the proposition or question to the
voters of the municipality, or to the voters of such other territory as are
entitled to vote thereon, at an election in accordance with the general
election law. Whenever this Code requires referendum approval by the voters
of any ordinance adopted by a municipality, and no specific procedure is
provided for initiating the referendum, the referendum shall be initiated
by the passage of such ordinance and shall be certified for the next
regular election in accordance with the general election law.
Whenever this Code requires or authorizes a special election to be held
for the purpose of filling a vacancy in office, the office and the
candidates therefor shall be similarly certified, in accordance with the
general election law.
Municipal clerks and clerks of the circuit court shall perform all
election duties, including certifications and publication of notices, in
connection with the conduct of elections of officers and referenda on the
submission of questions or propositions to referendum as provided in the
general election law.
(Source: P.A. 81-1489.)
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(65 ILCS 5/1-1-9) (from Ch. 24, par. 1-1-9)
Sec. 1-1-9.
If a municipality
which is a home rule unit under Section 6 of
Article VII of the Constitution by reason of having a population of more
than 25,000 suffers a loss in population so that its population
determined as provided in Section 1-7-2 is 25,000 or less, such
municipality shall continue to have the powers of a home rule unit until
it elects by referendum not to be a home rule unit.
Unless such a referendum is held sooner, or such a referendum has been
held within the 2 calendar years preceding the year in which the population
is determined to be 25,000 or less, the municipal clerk
shall certify for submission to the voters of the municipality at the next general
election following such determination of population, in the manner
provided by the general election law, the proposition of whether the municipality
shall elect
not to be a home rule unit.
(Source: P.A. 82-94.)
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(65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
Sec. 1-1-10.
It is the policy of this State that all powers granted, either
expressly or by necessary implication, by this Code, by Illinois statute,
or by the Illinois Constitution to municipalities may be exercised
by those municipalities and the officers, employees, and agents of each,
notwithstanding effects on competition.
It is further the policy of this State that home rule municipalities and the officers, employees, and agents of each may
(1) exercise any power and perform any function pertaining to their government
and affairs or (2) exercise those powers within traditional areas of municipal
activity, except as limited by the Illinois Constitution or a proper limiting
statute, notwithstanding effects on competition.
It is the intention of the General Assembly that the "State action exemption"
to the application of federal antitrust statutes be fully available to
all municipalities and the agents, officers, and employees of each
to the extent they are exercising authority as aforesaid, including, but
not limited to, the provisions of Sections 6, 7, and 10 of Article VII of
the Illinois Constitution or the provisions of the following Illinois
statutes, as each is now in existence or may hereinafter be amended:
(a) The Illinois Local Library Act; Article 27 of the | ||
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(b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of | ||
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(c) Any other Illinois statute or constitutional | ||
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The "State action exemption" for which provision is made by this Section
shall be liberally construed in favor of such municipalities and the
agents, employees, and officers thereof, and such exemption shall be
available notwithstanding that the action of the municipality or its
agents, officers, or employees
constitutes an irregular exercise of constitutional or statutory powers.
However, this exemption shall not apply where the action alleged to be in
violation of antitrust law exceeds either (1) powers granted, either
expressly or by necessary implication, by Illinois statute or the Illinois
Constitution or (2) powers granted to a home rule municipality to perform
any function pertaining to its government and affairs or to act within
traditional areas of municipal activity, except as limited by the Illinois
Constitution or a proper limiting statute.
Notwithstanding the foregoing, where it is alleged that a violation of
the antitrust laws has occurred, the relief available to the plaintiffs
shall be limited to an injunction which enjoins the alleged activity.
Nothing in this Section is intended to prohibit or limit any cause of
action other than under an antitrust theory.
(Source: P.A. 102-510, eff. 8-20-21; 102-558, eff. 8-20-21.)
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(65 ILCS 5/1-1-11) Sec. 1-1-11. Contractual assessments; renewable energy sources. A municipality may enter into voluntary agreements with the owners of property within the municipality to provide for contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property.
(Source: P.A. 96-481, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(65 ILCS 5/1-1-12) Sec. 1-1-12. Americans with Disabilities Act coordinator; posting and publication. (a) Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, each municipality that maintains a website must post on the municipality's website the following information: (1) the name, office address, and telephone number of | ||
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(2) the grievance procedures, if any, adopted by the | ||
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(b) If a municipality does not maintain a website, then the municipality must, within 90 days after the effective date of this amendatory Act of the 96th General Assembly, and at least once every other year thereafter, publish in either a newspaper of general circulation within the municipality or a newsletter published by the municipality and mailed to residents of the municipality the information required in item (1) of subsection (a) and either the information required in item (2) of subsection (a) or instructions for obtaining such information from the municipality. (c) No home rule municipality may adopt posting or publication requirements that are less restrictive than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 96-650, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(65 ILCS 5/Art. 1 Div. 2 heading) DIVISION 2.
ORDINANCES
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(65 ILCS 5/1-2-1) (from Ch. 24, par. 1-2-1)
Sec. 1-2-1. The corporate authorities of each municipality may pass all
ordinances and make all rules and regulations proper or necessary, to carry
into effect the powers granted to municipalities, with such fines or
penalties as may be deemed proper. No fine or penalty, however, except
civil penalties provided for failure to make returns or to pay any taxes
levied by the municipality shall exceed $750 and no imprisonment
authorized
in Section 1-2-9 for failure to pay any fine, penalty or cost shall exceed
6 months for one offense.
A penalty imposed for violation of an ordinance may include, or consist
of, a requirement that the defendant do one or both of the following: (1) Complete an education program, except that a | ||
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(2) Perform some reasonable public service work such | ||
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A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The municipal attorney of the municipality in which the fine or penalty was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. Any fees or costs incurred by the municipality with respect to attorneys or private collection agents retained by the municipal attorney under this Section shall be charged to the offender.
A low-income individual required to complete an education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required education program. (Source: P.A. 95-389, eff. 1-1-08; 96-288, eff. 8-11-09.)
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(65 ILCS 5/1-2-1.1) (from Ch. 24, par. 1-2-1.1)
Sec. 1-2-1.1.
The corporate authorities of each municipality may pass
ordinances, not inconsistent with the criminal laws of this State, to
regulate any matter expressly within the authorized powers of the
municipality, or incidental thereto, making violation thereof a misdemeanor
punishable by incarceration in a penal institution other than the
penitentiary not to exceed 6 months. The municipality is authorized to
prosecute violations of penal ordinances enacted under this Section as
criminal offenses by its corporate attorney in the circuit court by an
information, or complaint sworn to, charging such offense. The prosecution
shall be under and conform to the rules of criminal procedure. Conviction
shall require the municipality to establish the guilt of the defendant
beyond reasonable doubt.
A penalty imposed for violation of an ordinance may include, or consist
of, a requirement that the defendant do one or both of the following: (1) Complete an education program, except that a | ||
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(2) Perform some reasonable public service work such | ||
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A low-income individual required to complete an education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required education program. This Section shall not apply to or affect ordinances now or hereafter
enacted pursuant to Sections 11-5-1, 11-5-2, 11-5-3, 11-5-4, 11-5-5,
11-5-6, 11-40-1, 11-40-2, 11-40-2a, 11-40-3, 11-80-9 and 11-80-16 of the
Illinois Municipal Code, as now or hereafter amended, nor to Sections
enacted after this 1969 amendment which replace or add to the Sections
herein enumerated, nor to ordinances now in force or hereafter enacted
pursuant to authority granted to local authorities by Section 11-208 of
"The Illinois Vehicle Code", approved September 29, 1969, as now or
hereafter amended.
(Source: P.A. 96-288, eff. 8-11-09.)
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(65 ILCS 5/1-2-1.2)
Sec. 1-2-1.2. Felony DUI prosecutions prohibited. (a) A unit of local government, including a home rule unit, may not enforce any ordinance that prohibits driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof if, based on the alleged facts of the case or the defendant's driving history or record, the offense charged would constitute a felony under Section 11-501 of the Illinois Vehicle Code, unless the State's Attorney rejects or denies felony charges for the conduct that comprises the charge. (b) A municipal attorney must (i) review the driving record of any defendant accused of violating any ordinance that prohibits driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and (ii) if the offense charged would constitute a felony under Section 11-501 of the Illinois Vehicle Code, notify the State's Attorney of the county of the felony charges. (c) This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.) |
(65 ILCS 5/1-2-1.5) Sec. 1-2-1.5. Ordinances penalizing tenants who contact police or other emergency services prohibited. (a) Definitions. As used in this Section: "Contact" includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services. "Criminal activity" means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act. "Disability" means, with respect to a person: (1) a physical or mental impairment which | ||
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(2) a record of having such an impairment; or (3) being regarded as having such an impairment, but | ||
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"Domestic violence", "landlord", "sexual violence", and "tenant" have the meanings provided under Section 10 of the Safe Homes Act. "Dwelling unit" has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act. "Penalizes" includes, but is not limited to: (1) assessment of fees or fines; (2) revocation, suspension, or nonrenewal of any | ||
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(3) termination or denial of a subsidized housing | ||
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(4) termination or nonrenewal of a residential lease | ||
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"Subsidized housing" has the meaning provided under subsection (a) of Section 9-119 of the Code of Civil Procedure. (b) Protection. (1) No municipality shall enact or enforce an | ||
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(A) contact made to police or other emergency | ||
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(B) an incident or incidents of actual or | ||
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(C) criminal activity or a local ordinance | ||
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(2) Nothing with respect to this Section: (A) limits | ||
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(c) Remedies. If a municipality enacts or enforces an ordinance or regulation against a tenant or landlord in violation of subsection (b), the tenant or landlord may bring a civil action to seek any one or more of the following remedies: (1) an order invalidating the ordinance or regulation | ||
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(2) compensatory damages; (3) reasonable attorney fees and court costs; or (4) other equitable relief as the court may deem | ||
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(d) Home rule. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 99-441, eff. 11-29-15.) |
(65 ILCS 5/1-2-2) (from Ch. 24, par. 1-2-2)
Sec. 1-2-2.
The ordaining clause of ordinances in cities shall be:
"Be it
ordained, by the City Council of ....."
The ordaining clause of ordinances in villages shall be: "Be it ordained
by the President and Board of Trustees of the Village of ....."
Unless the charter of an incorporated town otherwise provides, the
ordaining clause of ordinances in incorporated towns shall conform as
nearly as possible to one of the forms specified in this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-3) (from Ch. 24, par. 1-2-3)
Sec. 1-2-3.
The mayor may appoint, by and with the advice and consent of
the city council, one or more competent persons to prepare and submit to
the city council, for adoption or rejection, an ordinance to revise the
city ordinances. The compensation for this revision shall be fixed by the
city council and paid out of the city treasury.
The corporate authorities of villages and incorporated towns have the
power conferred upon cities in the preceding paragraph of this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-3.1)
Sec. 1-2-3.1. Building codes. Beginning on the effective date of this
amendatory Act of
the 92nd General Assembly, any municipality with a population of less than
1,000,000 adopting a new building code or
amending an
existing building code must, at least 30 days before adopting the code or
amendment,
provide an identification of
the code, by title and edition, or the amendment for identification under Section 10.18 of the Capital Development Board Act.
For the purposes of this Section, "building code" means any ordinance,
resolution, law,
housing or building code, or zoning ordinance that establishes construction
related activities applicable to structures
in the municipality.
(Source: P.A. 99-639, eff. 7-28-16.)
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(65 ILCS 5/1-2-4) (from Ch. 24, par. 1-2-4)
Sec. 1-2-4.
All ordinances of cities, villages and incorporated towns
imposing any fine, penalty, imprisonment, or forfeiture, or making any
appropriation, shall (1) be printed or published in book or pamphlet
form, published by authority of the corporate authorities, or (2) be
published at least once, within 30 days after passage, 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. If there is an error in printing,
the publishing requirement of this Act shall be satisfied if those
portions of the ordinance that were erroneously printed are republished,
correctly, within 30 days after the original publication that contained the
error. The fact that an error occurred in publication shall not affect the
effective date of the ordinance so published. If the error in printing is not
corrected within 30 days after the date of the original publication that
contained the error, as provided in the preceding sentence, the corporate
authorities may by ordinance declare the ordinance that was erroneously
published to be nevertheless valid and in effect no sooner than
the tenth day after the date of the original publication, notwithstanding
the error in publication, and shall order the original ordinance to be
published once more within 30 days after the passage of the validating
ordinance. 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. An annual appropriation ordinance adopted under Section
8-2-9 shall take effect upon passage, but no other ordinance
described in this paragraph shall take effect until 10 days after it
is so published, except that an ordinance imposing a municipal
retailers' occupation tax adopted under Section 8-11-1, or a Tourism,
Convention and Other Special Events Promotion Tax adopted under Section
8-3-13, or effecting a change in the rate thereof shall take effect on
the first day of the month next following the expiration of the 30 day
publication period. However, ordinances establishing rules and
regulations for the construction of buildings or any part thereof, or
for the development or operation of camps accommodating persons in house
trailers, house cars, cabins or tents, where such rules and regulations
have been previously printed in book or pamphlet form, may by their
terms provide for the adoption of such rules and regulations or portions
thereof by reference thereto without further printing, or publication,
if not less than one copy of such rules and regulations in
book or
pamphlet form has been filed in the office of the clerk of the
municipality for use and examination by the public at least 30 days
prior to the adoption thereof.
All other ordinances, resolutions and motions, shall take effect upon
their passage unless they otherwise provide.
This Section applies to incorporated towns even if the Section's
provisions are in conflict with the charters of such incorporated towns.
Anything in this Section to the contrary notwithstanding, any
ordinance which contains a statement of its urgency in the preamble or
body thereof, other than an ordinance adopted under Article 8 of this
Code, may take effect immediately upon its passage provided that the
corporate authorities, by a vote of 2/3 of all the members then holding
office, so direct. The decision of the corporate authorities as to the
urgency of any ordinance shall not be subject to judicial review except
for an abuse of discretion.
(Source: P.A. 89-266, eff. 1-1-96.)
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(65 ILCS 5/1-2-5) (from Ch. 24, par. 1-2-5)
Sec. 1-2-5.
The municipal clerk shall record, in a book used exclusively
for that purpose, all ordinances passed by the corporate authorities.
Immediately following each ordinance the municipal clerk shall make a
memorandum of the date of the passage and of the publication or posting,
where required, of the ordinance. This record and memorandum, or a
certified copy thereof, shall be prima facie evidence of the contents,
passage, and of the publication or posting of ordinances.
This section shall not apply to cities with a population of 500,000 or
more.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-6) (from Ch. 24, par. 1-2-6)
Sec. 1-2-6.
The contents of all municipal ordinances, the date of passage,
and the date of publication or posting, where required, may be proved by
the certificate of the municipal clerk, under the seal of the corporation.
Whenever municipal ordinances are printed in book or pamphlet form, and
purport to be published by authority of the corporate authorities, such
book or pamphlet shall be prima facie evidence of the contents, passage,
and legal publication of such ordinances, as of the dates mentioned in such
book or pamphlet, in all courts and administrative tribunals.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-7) (from Ch. 24, par. 1-2-7)
Sec. 1-2-7.
All actions brought to enforce any fine, imprisonment, penalty,
or forfeiture under any ordinance of any municipality, shall be brought in
the corporate name of the municipality, as plaintiff. No prosecution,
recovery, conviction, or acquittal, for the violation of any ordinance,
shall constitute a defense to any other prosecution of the same party for
any other violation of the same or any other ordinance, although the
different causes of action existed at the same time, and, if united, would
not have exceeded the jurisdiction of the court.
(Source: P.A. 77-1295.)
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(65 ILCS 5/1-2-8) (from Ch. 24, par. 1-2-8)
Sec. 1-2-8.
All fines, penalties, and forfeitures for the violation of
ordinances, when collected, and all other money collected for a
municipality shall be paid into the treasury of the municipality, at such
times and in such manner as may be prescribed by ordinance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-9) (from Ch. 24, par. 1-2-9)
Sec. 1-2-9.
Except as provided in Section 1-2-9.1 of this Act, in all
actions for the violation of any municipal
ordinance, the first process shall be a summons or a warrant. A warrant
for the arrest of an accused person may issue upon the affidavit of any
person that an ordinance has been violated, and that the person making
the complaint has reasonable grounds to believe that the party charged
is guilty thereof. Every person arrested upon a warrant, without
unnecessary delay, shall be taken before the proper officer for trial.
(Source: P.A. 81-704.)
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(65 ILCS 5/1-2-9.1) (from Ch. 24, par. 1-2-9.1)
Sec. 1-2-9.1.
Service by certified mail.
In all actions for violation
of any municipal ordinance where the fine would not be in excess of
$750 and no jail term could be imposed, service of summons may
be made by the city clerk by certified mail, return receipt requested,
whether service is to be within or without the State.
(Source: P.A. 89-63, eff. 6-30-95.)
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(65 ILCS 5/1-2-9.2) (from Ch. 24, par. 1-2-9.2)
Sec. 1-2-9.2.
Service of notice of violation of ordinance governing
parking or standing of vehicles in cities with a population over 500,000.
In cities with a population over 500,000, the
notice of violation of an ordinance governing the parking or standing of
vehicles is the summons and complaint for purposes of the Code of Civil
Procedure, as now or hereafter amended.
A police officer, parking enforcement aide, or other person authorized by
ordinance to issue a notice of a vehicle parking or standing violation
complaint may serve the
summons and complaint for a vehicle parking or standing violation by
affixing the original or a
facsimile thereof to an unlawfully parked or standing vehicle or by handing the notice
to the operator of the vehicle if the operator is present.
This Section is not intended to change the law in
effect before the effective date of this amendatory Act of 1989, but is
intended to clarify existing law. The service of a summons and
complaint in accordance with this Section is legally
sufficient regardless of whether service was made before, on, or
after the effective date of this amendatory Act of 1989.
(Source: P.A. 86-947.)
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(65 ILCS 5/1-2-11) (from Ch. 24, par. 1-2-11)
Sec. 1-2-11.
(a) A sheriff may serve any process or make any arrest in a
municipality or a part of a municipality located in the county in which the
sheriff was elected that any officer of that municipality is authorized to
make under this Code or any ordinance passed under this Code.
(b) Police officers may serve summons for violations of ordinances
occurring within their municipalities. In municipalities with a population of 1,000,000 or more, active duty or retired police officers may serve summons for violations of ordinances
occurring within their municipalities.
(c) In addition to the powers
stated in Section 8.1a of the Housing Authorities Act, in counties with a
population of 3,000,000 or more inhabitants, members of a housing
authority police force may serve process for eviction
actions commenced by that housing authority and may execute eviction orders for that housing authority.
(Source: P.A. 100-173, eff. 1-1-18.)
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(65 ILCS 5/1-2-12) (from Ch. 24, par. 1-2-12)
Sec. 1-2-12.
Any person incarcerated on a charge of violating a bailable
municipal ordinance who does not supply bail and against whom a fine is
levied upon conviction of such offense, shall be allowed a credit of $2.00
for each day so incarcerated prior to conviction, but such credit shall not
exceed the amount of the fine levied.
(Source: Laws 1961, p. 2428.)
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(65 ILCS 5/1-2-12.1) Sec. 1-2-12.1. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.) |
(65 ILCS 5/Art. 1 Div. 2.1 heading) DIVISION 2.1.
ADMINISTRATIVE ADJUDICATIONS
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(65 ILCS 5/1-2.1-1)
Sec. 1-2.1-1. Applicability. This Division 2.1 applies to
municipalities that are home rule units and to non-home rule municipalities that adopt the provisions of this Division.
(Source: P.A. 103-260, eff. 1-1-24.)
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(65 ILCS 5/1-2.1-2)
Sec. 1-2.1-2.
Administrative adjudication of municipal code violations.
Any municipality may provide by ordinance for a system of administrative
adjudication of municipal code violations to the extent permitted by the
Illinois Constitution. A
"system of administrative adjudication" means the adjudication of any violation
of
a municipal
ordinance, except
for (i) proceedings not within the statutory or the home rule authority of
municipalities; and (ii) any offense under the Illinois Vehicle Code or a
similar offense that is a
traffic regulation governing the movement of vehicles and except for any
reportable offense under Section 6-204 of the Illinois Vehicle Code.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-3)
Sec. 1-2.1-3.
Administrative adjudication procedures not exclusive.
The
adoption by a municipality of a system of administrative adjudication does not
preclude the municipality from using other methods to enforce municipal
ordinances.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-4)
Sec. 1-2.1-4. Code hearing units; powers of hearing officers.
(a) An ordinance establishing a system of administrative adjudication,
pursuant to this Division, shall provide for a code hearing unit within an
existing agency or as a separate agency in the municipal government. The
ordinance shall establish the jurisdiction of a code hearing unit that is
consistent with this Division. The "jurisdiction" of a code hearing unit
refers to the particular code violations that it may adjudicate.
(b) Adjudicatory hearings shall be presided over by hearing officers. The
powers and duties of a hearing officer shall include:
(1) hearing testimony and accepting evidence that is | ||
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(2) issuing subpoenas directing witnesses to appear | ||
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(3) preserving and authenticating the record of the | ||
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(4) issuing a determination, based on the evidence | ||
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(5) imposing penalties consistent with applicable | ||
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(c) Prior to conducting administrative adjudication proceedings,
administrative hearing officers shall have successfully completed a formal
training program which includes the following:
(1) instruction on the rules of procedure of the | ||
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(2) orientation to each subject area of the code | ||
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(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including | ||
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In addition, every administrative hearing officer must
be an attorney licensed to practice law in
the State of Illinois for at least 3 years. A person who has served as a judge in Illinois is not required to fulfill the requirements of items (1) through (4) of this subsection.
(d) A proceeding before a code hearing unit shall be instituted upon the
filing of a written pleading by an authorized official of the municipality.
(Source: P.A. 102-65, eff. 7-9-21.)
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(65 ILCS 5/1-2.1-5)
Sec. 1-2.1-5. Administrative hearing proceedings.
(a) Any ordinance establishing a system of administrative adjudication,
pursuant to this Division, shall afford parties due process of law, including
notice and opportunity for hearing. Parties shall be served with process in a
manner reasonably calculated to give them actual notice, including, as
appropriate, personal service of process upon a party or its employees or
agents;
service by mail at a party's address; or notice that is posted upon the
property where the violation is found when the party is the owner or manager of
the property.
In municipalities with a population under 3,000,000, if the notice requires the respondent to answer within
a
certain amount of time, the municipality must
reply to the answer within the same amount of time afforded to the
respondent.
(b) Parties shall be given notice of an adjudicatory hearing which includes
the type and nature of the code violation to be adjudicated, the date and
location of the adjudicatory hearing, the legal authority and jurisdiction
under which the hearing is to be held, and the penalties for failure to appear
at the hearing.
(c) Parties shall be provided with an opportunity for a hearing during which
they may be represented by counsel, present witnesses, and cross-examine
opposing witnesses. Parties may request the hearing officer to issue subpoenas
to direct the attendance and testimony of relevant witnesses and the production
of relevant documents. Hearings shall be scheduled with reasonable promptness,
provided that for hearings scheduled in all non-emergency situations, if
requested
by the defendant, the defendant shall have at least 15
days after service of process to prepare for a hearing.
For purposes of this subsection (c), "non-emergency situation" means any
situation that does not reasonably constitute a threat to the public
interest, safety, or welfare. If service is provided by mail, the 15-day
period shall begin to run on the day that the notice is deposited in the
mail.
(Source: P.A. 94-616, eff. 1-1-06.)
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(65 ILCS 5/1-2.1-6)
Sec. 1-2.1-6.
Rules of evidence shall not govern.
The formal and
technical rules of evidence do not apply in an adjudicatory hearing permitted
under this Division. Evidence, including hearsay, may be admitted only if it
is of a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-7)
Sec. 1-2.1-7.
Judicial review.
Any final decision by a code hearing unit
that a code violation does or does not exist
shall constitute a final determination for purposes of judicial review and
shall be subject to review under
the Illinois Administrative Review Law.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-8)
Sec. 1-2.1-8.
Enforcement of judgment.
(a) Any fine, other sanction, or costs imposed, or part of any fine, other
sanction, or costs imposed, remaining unpaid after the exhaustion of or the
failure to exhaust judicial review procedures under the Illinois Administrative
Review Law are a debt due and owing the municipality and may be collected in
accordance with applicable law.
(b) After expiration of the period in which judicial review under the
Illinois Administrative Review Law may be sought for a final determination of a
code violation, unless stayed by a court of competent jurisdiction, the
findings, decision, and order of the hearing officer may be enforced in the
same manner as a judgment entered by a court of competent jurisdiction.
(c) In any case in which a defendant has failed
to comply with a judgment ordering a defendant to correct a code violation or
imposing any fine or other sanction as a result of a code violation, any
expenses incurred by a municipality to enforce the judgment, including, but not
limited to, attorney's fees, court costs, and costs related to property
demolition or foreclosure, after they are fixed by a court of competent
jurisdiction or a hearing officer, shall be
a debt due and owing the municipality and may be collected in accordance with
applicable law.
Prior to any expenses being fixed by a hearing officer pursuant to this
subsection (c), the municipality shall provide notice to the defendant that
states that the defendant shall appear at a hearing before the administrative
hearing officer to determine whether the defendant has failed to comply with
the judgment. The notice shall set the date for such a hearing, which shall
not be less than 7 days from the date that notice is served. If notice is
served by mail, the 7-day period shall begin to run on the date that the notice
was deposited in the mail.
(d) Upon being recorded in the manner required by Article XII of the Code of
Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on
the
real estate or personal estate, or both,
of the defendant in the amount of any debt due and owing the municipality under
this Section. The lien may be enforced in the same manner as a
judgment lien pursuant to a judgment of a court of
competent jurisdiction.
(e) A hearing officer may set aside any judgment entered by default and set
a new hearing date, upon a petition filed within 21 days after the issuance of
the
order of default, if the hearing officer determines that the petitioner's
failure to appear at the hearing was for good cause or at any time if the
petitioner establishes that the municipality did not provide proper service of
process.
If any judgment is set aside pursuant to this subsection (e), the hearing
officer shall have authority to enter an order extinguishing any lien which has
been recorded for any debt due and owing the municipality as a result of the
vacated default judgment.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-9)
Sec. 1-2.1-9.
Impact on existing administrative adjudication systems.
This
Division shall not affect the validity of systems of administrative
adjudication that were authorized by State law, including home rule authority,
and in existence prior to the effective date of this amendatory Act of 1997.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-10)
Sec. 1-2.1-10.
Impact on home rule authority.
This Division shall not
preempt municipalities from adopting other systems of administrative
adjudication pursuant to their home rule powers.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/Art. 1 Div. 2.2 heading) DIVISION 2.2.
CODE HEARING DEPARTMENTS
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(65 ILCS 5/1-2.2-1)
Sec. 1-2.2-1. Applicability. This Division 2.2 applies only to
municipalities
that are non-home
rule units. Nothing in this Division 2.2 allows a non-home rule municipality
to pursue any remedies not
otherwise authorized by statute. A non-home rule municipality may adopt a code hearing unit under Division 2.1 instead of this Division.
(Source: P.A. 103-260, eff. 1-1-24.)
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(65 ILCS 5/1-2.2-5)
Sec. 1-2.2-5.
Definitions.
As used in this Division, unless the context
requires otherwise:
"Code" means any municipal ordinance except for (i) building code violations
that must be adjudicated pursuant to Division 31.1 of Article 11 of this Act
and (ii) any offense under the
Illinois Vehicle
Code or a similar offense that is a traffic regulation governing the movement
of vehicles and except for
any reportable offense under Section 6-204 of the Illinois Vehicle Code.
"Hearing officer" means a municipal employee or an officer or agent of a
municipality, other
than a law enforcement officer, whose duty it is to:
(1) preside at an administrative hearing called to determine whether or
not a code violation
exists;
(2) hear testimony and accept evidence from all interested parties
relevant to the existence of a
code violation;
(3) preserve and authenticate the transcript and record of the hearing and
all exhibits and
evidence introduced at the hearing; and
(4) issue and sign a written finding, decision, and order stating whether
a
code violation exists.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-10)
Sec. 1-2.2-10.
Code hearing department.
The corporate authorities of any
municipality may adopt this Division and establish a code hearing department
within an existing code enforcement agency or as a separate and independent
agency in the municipal government. The function of the hearing department is
to expedite the prosecution and correction of code violations in the manner set
forth in this Division.
The code hearing department may adjudicate any violation of a municipal
ordinance except for (i) building code violations that must be adjudicated
pursuant to Division 31.1 of Article 11 of this Act and (ii) any offense under
the Illinois Vehicle Code or similar offense that is a traffic regulation
governing the movement of vehicles and except for any reportable offense under
Section 6-204 of the Illinois Vehicle Code.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-15)
Sec. 1-2.2-15.
Hearing procedures not exclusive.
In any municipality
where this Division is
adopted, this Division does not preclude the municipality from using other
methods to enforce the
provisions of its code.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-20)
Sec. 1-2.2-20. Instituting code hearing proceedings. When a police
officer or other individual
authorized to issue a code violation finds a code violation to exist, he or
she
shall note the violation on a
multiple copy violation notice and report form that indicates (i) the name and
address
of the defendant, (ii) the
type and nature of the violation, (iii) the date and time the violation was
observed,
and (iv) the names of
witnesses to the violation.
The violation report form shall be forwarded to the code hearing department
where a docket
number shall be stamped on all copies of the report and a hearing date shall be
noted
in the blank spaces
provided for that purpose on the form. The hearing date shall not be less than
30 nor more than 40
days after the violation is reported.
However, if the code violation involves a municipal ordinance regulating truants, the hearing date shall not be less than 7 nor more than 40 days after the violation is reported.
One copy of the violation report form shall be maintained in the files of the
code hearing
department and shall be part of the record of hearing, one copy of the report
form shall be returned to
the individual representing the municipality in the case so that he or she may
prepare evidence of the code
violation for presentation at the hearing on the date indicated, and one copy
of the report form shall be
served by first class mail to the defendant along with a summons commanding
the defendant to appear
at the hearing.
In municipalities with a population under 3,000,000, if the violation report form requires the respondent to
answer within a certain amount of time, the
municipality must reply to the answer within the same amount of time
afforded to the
respondent.
(Source: P.A. 94-616, eff. 1-1-06; 95-1016, eff. 6-1-09.)
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(65 ILCS 5/1-2.2-25)
Sec. 1-2.2-25.
Subpoenas; defaults.
At any time prior to the hearing date,
the hearing officer
assigned to hear the case may, at the request of either party, direct witnesses
to appear and give
testimony at the hearing. If on the date set for hearing the defendant or his
or her attorney fails to appear, the
hearing officer may find the defendant in default and shall proceed with the
hearing and accept evidence
relevant to the existence of a code violation.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-30)
Sec. 1-2.2-30.
Continuances; representation at code hearings.
No
continuances shall be
authorized by the hearing officer in proceedings under this Division except in
cases where a continuance
is absolutely necessary to protect the rights of the defendant. Lack of
preparation shall not be grounds
for a continuance. Any continuance authorized by a hearing officer under this
Division shall not exceed
25 days. The case for the municipality may be presented by an attorney
designated by the municipality
or by any other municipal employee, except that the case for
the municipality shall not be
presented by an employee of the code hearing department. The case for the
defendant may be
presented by the defendant, his or her attorney, or any other agent or
representative of the defendant.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-35)
Sec. 1-2.2-35.
Hearing; evidence.
At the hearing a hearing officer shall
preside, shall hear
testimony, and shall accept any evidence relevant to the existence or
non-existence of
a code violation. The
strict rules of evidence applicable to judicial proceedings shall not apply to
hearings authorized by this
Division.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-40)
Sec. 1-2.2-40.
Qualifications of hearing officers.
Prior to conducting
proceedings under this
Division, hearing officers shall successfully complete a formal training
program that includes the
following:
(1) instruction on the rules of procedure of the hearing that they will
conduct;
(2) orientation to each subject area of the code violations that they will
administer;
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including rules on evidence and
issuing final orders.
In addition, every hearing officer must be an attorney licensed to practice
law
in the State of
Illinois for at least 3 years.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-45)
Sec. 1-2.2-45.
Findings, decision, and order.
At the conclusion of the
hearing,
the
hearing officer
shall make a determination on the basis of the evidence presented at the
hearing as to whether or not a code
violation exists. The determination shall be in writing and shall be
designated as findings, decision, and
order. The findings, decision, and order shall include (i) the hearing
officer's
findings of fact; (ii) a decision
of whether or not a code violation exists based upon the findings of fact; and
(iii) an
order that states the sanction
or dismisses the case if a violation is not proved.
A monetary sanction for a
violation under this Division shall not exceed the amount provided for in
Section 1-2-1
of this Act. A copy of
the findings, decision, and order shall be served on the defendant within 5
days after it is issued.
Service shall be in the same manner that the report form and summons are served
under Section 1-2.2-20 of this Division. Payment of any penalty or fine and
the
disposition of fine money shall
be in the same manner as
set forth in the code, unless the corporate authorities adopting this Division
provide otherwise.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-50)
Sec. 1-2.2-50.
Review under Administrative Review Law.
The findings,
decision, and order of the
hearing officer shall be subject to review in the circuit court of the county
in which the municipality is
located. The provisions of the Administrative Review Law,
and the rules adopted pursuant thereto, shall apply to
and govern every action
for the judicial review of the findings, decision, and order of a hearing
officer under this Division.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-55)
Sec. 1-2.2-55. Judgment on findings, decision, and order.
(a) Any fine, other
sanction, or costs
imposed, or part of any fine, other sanction, or costs imposed, remaining
unpaid
after the exhaustion of,
or the failure to exhaust, judicial review procedures under the Administrative
Review Law shall be a
debt due and owing the municipality and, as such, may be collected in
accordance with applicable law.
(b) After expiration of the period within which judicial review under the
Administrative Review
Law may be sought for a final determination of the code violation, the
municipality may commence a
proceeding in the circuit court of the county in which the municipality is
located
for purpose of obtaining a
judgment on the findings, decision, and order. Nothing in this Section shall
prevent a municipality from
consolidating multiple findings, decisions, and orders against a person in such
a proceeding. Upon
commencement of the action, the municipality shall file a certified copy of the
findings, decision, and
order, which shall be accompanied by a certification that recites facts
sufficient to show that the findings,
decision, and order was issued in accordance with this Division and the
applicable municipal ordinance.
Service of the summons and a copy of the petition may be by any method provided
for by Section 2-203
of the Code of Civil Procedure or by certified mail, return receipt requested,
provided that the total
amount of fines, other sanctions, and costs imposed by the findings, decision,
and order does not exceed
$2,500. If the court is satisfied that the findings, decision, and order was
entered in accordance with the
requirements of this Division and the applicable municipal ordinance and that
the defendant had an
opportunity for a hearing under this Division and for judicial review as
provided in this Division:
(1) The court shall render judgment in favor of the | ||
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(2) The court may also issue any other orders and | ||
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(c) In place of a proceeding under subsection (b) of this Section, after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a municipality to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law. Prior to any expenses being fixed by a hearing officer pursuant to this subsection (c), the municipality shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than 7 days from the date that notice is served. If notice is served by mail, the 7-day period shall begin to run on the date that the notice was deposited in the mail. Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the municipality under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. A hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the municipality did not provide proper service of process. If any judgment is set aside pursuant to this subsection (c), the hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the municipality as a result of the vacated default judgment. (Source: P.A. 99-293, eff. 8-6-15.)
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(65 ILCS 5/1-2.2-60)
Sec. 1-2.2-60.
Adoption of Division by municipality.
This Division may be
adopted by a non-home rule municipality by incorporating the provisions of this
Division in an
ordinance and by passing and
publishing the ordinance in the manner provided in Division 2 of Article 1 of
this Act.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/Art. 1 Div. 3 heading) DIVISION 3.
INCORPORATION BY REFERENCE
OF CERTAIN CONSTRUCTION
REGULATIONS
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(65 ILCS 5/1-3-1) (from Ch. 24, par. 1-3-1)
Sec. 1-3-1.
As used in the text of this Division 3, the following terms
shall have the meanings indicated as follows, unless the context otherwise
requires:
(a) "Municipality" means any city, village or incorporated town having
power to legislate on the subject matters mentioned in this Code;
(b) "Regulations" means any published compilation of rules and
regulations which have been prepared by nationally recognized technical
trade or service associations and shall include specifically, building
codes; plumbing codes; electrical wiring codes; fire prevention codes;
codes for the slaughtering, processing, and selling of meats and meat
products for human consumption; codes for the production, pasteurizing and
sale of milk and milk products;
(c) "Public record" means any municipal, state, or federal statute,
rule, or regulation and any ordinance or resolution of the county in which
the municipality is located, adopted prior to the exercise by any
municipality of the authority to incorporate by reference herein granted;
however, this definition shall not include the municipal ordinances, rules
or regulations of any municipality except those of the municipality which
is exercising the right to incorporate by reference, nor shall this
definition include the state laws, rules, or regulations of any state other
than the State of Illinois;
(d) "Published" means printed, lithographed, multigraphed, mimeographed,
or otherwise reproduced.
(Source: P.A. 76-111.)
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(65 ILCS 5/1-3-2) (from Ch. 24, par. 1-3-2)
Sec. 1-3-2.
Adoption by reference; regulations and public records.
A municipality may adopt by
reference, as
criteria for the issuance of construction, reconstruction, alteration, or
installation permits, all or part of the provisions of regulations without setting forth those
provisions in full if at least one copy of those regulations is filed in the office of
the clerk of the municipality and is kept available for public
use,
inspection, and examination. A municipality may
likewise adopt by reference the provisions of public records if
at least 3 copies of the public record are
filed with and kept on file in
the office of the clerk of the municipality as provided for
regulations. The filing requirement is not
deemed
to be complied with unless the required copy of the regulations or copies of
the public record are filed with the
clerk of the municipality for a period of
30 days before the adoption of the ordinance that incorporates the
regulations or public record by reference. Regulations or a public record
of a jurisdiction other than the State of Illinois may not be adopted by
reference covering any subject matter
for which standards are available in
any public record of the State of Illinois.
(Source: P.A. 89-266, eff. 1-1-96.)
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(65 ILCS 5/1-3-2a) (from Ch. 24, par. 1-3-2a)
Sec. 1-3-2a.
Any municipality is authorized to adopt by reference the county
subdivision code of the county wherein such municipality is situated,
without setting forth the provisions of such code in full, provided that at
least 3 copies of such code which is incorporated or adopted by reference
are filed in the office of the clerk of the municipality at least 15 days
prior to adoption of the ordinance which incorporates such code by
reference and there kept available for public use, inspection and
examination.
(Source: P.A. 76-105.)
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(65 ILCS 5/1-3-3) (from Ch. 24, par. 1-3-3)
Sec. 1-3-3.
Nothing contained in this Division 3 shall be deemed to relieve
any municipality from the requirement of publishing the ordinance in full
which adopts such regulations or public record by reference, and all
provisions applicable to such publication shall be fully and completely
carried out as if no regulations or public record was incorporated therein.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-3-4) (from Ch. 24, par. 1-3-4)
Sec. 1-3-4.
Nothing contained in this Division 3 shall be deemed to permit
the adoption of the penalty clauses by reference which may be established
in the regulations or public record which is being incorporated by
reference, and such penalty clauses shall be set forth in full in the
adopting ordinance and be published along with and in the same manner as
the adopting ordinance is required to be published.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-3-5) (from Ch. 24, par. 1-3-5)
Sec. 1-3-5.
Any amendment which may be made to any regulations or public
record incorporated by reference by a municipality hereunder, may be
likewise adopted by reference provided that the required number of amended
or corrected copies are filed with the clerk of such municipality for
inspection, use, and examination by the public. Ordinances adopting
amendments by reference shall be required to be published as any other
ordinances of the municipality and the requirement as to prior filing
before passage shall apply likewise to amendments.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-3-6) (from Ch. 24, par. 1-3-6)
Sec. 1-3-6.
Any municipality which has heretofore enacted a regulation or
public record by reference thereto shall not be required to re-enact such
regulation or public record by reason of this Division 3, and all previous
incorporations by reference which would have been valid if this Division 3
had then been in effect, are hereby ratified and declared effective,
provided, however, that the requisite number of copies are forthwith filed
with the clerk of such municipality, if they have not already been so
filed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 1 Div. 4 heading) DIVISION 4.
ACTIONS AGAINST AND
LIABILITIES OF MUNICIPALITIES
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(65 ILCS 5/1-4-5) (from Ch. 24, par. 1-4-5)
Sec. 1-4-5.
In case any injury to the person or property of another is
caused by a member of the police department of a municipality having a
population of 500,000 or over, while the member is engaged in the
performance of his or her duties as a police officer,
and without the contributory
negligence of the injured person or the owner of the injured property, or
the agent or servant of the injured person or owner, the municipality in
whose behalf the member of the municipal police department is performing
his or her duties as a police officer shall indemnify
the police officer for any judgment
recovered against him or her as the result of such injury, except where
the injury results from the wilful misconduct of the police officer.
A municipality, which is not otherwise required to indemnify
pursuant to this Section, may indemnify a police officer
for any judgment recovered against him or her for injuries
sustained as a result of the police officer's performance
of his duties as a police officer.
For the purposes of this section no civilian defense worker, nor any
member of any agency engaged in any civilian defense activity, performing
services as a part of any civilian defense program, shall be considered to
be a member of a municipal police department.
If any person in obeying the command of any such police officer to assist in
arresting or securing an offender is killed or injured or his or her
property or that of his or her employer is damaged and such death, injury
or damage arises out of and in the course of aiding such police officer in
arresting or endeavoring to arrest a person or retaking or endeavoring to
retake a person who has escaped from legal custody, the person or employer
so injured or whose property is so damaged or the personal representatives
of the person so killed shall have a cause of action to recover the amount
of such damage or injury against the municipal corporation by which such
police officer is employed at the time such command is obeyed.
(Source: P.A. 84-551.)
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(65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6)
Sec. 1-4-6.
In case any injury to the person or property of another is
caused by a member of the police department of a municipality having a
population of less than 500,000 while the member is engaged in the
performance of his or her duties as a police officer, and without the
contributory negligence of the injured person or the owner of the injured
property, or the agent or servant of the injured person or owner, the
municipality in whose behalf the member of the municipal police department
is performing his or her duties as police officer shall indemnify the
police officer for any judgment recovered against him or her as the result
of such injury, except where the injury results from the wilful misconduct
of the police officer, to the extent of not to exceed $1,000,000 including costs of the action. Any police officer, or any person
who, at the time of performing such an act complained of, was a police officer,
who is made a party defendant to any such action shall, within 10 days of
service of process upon him or her, notify the municipality by whom he or she
is or was employed, of the fact that the action has been instituted, and that
he or she has been made a party defendant to the same. Such notice shall be in
writing, and shall be filed in the office of the city attorney or corporation
counsel, if there is a city attorney or corporation counsel, and also in
the office of the municipal clerk, either by himself, his or her agent,
or attorney. The notice shall state in substance, that such police officer,
(naming him or her), has been served with process and
made a party defendant to an action wherein it is claimed that a person
has suffered injury to his or her person or property caused by such
police officer; stating the title and number of the case;
the court wherein the same is pending; and the date such police officer
was served with process in such action, and made a party defendant
thereto. The municipality which is or may be liable to indemnify the police
officer shall have the right to intervene in the suit against
the police officer, and shall be permitted to appear and defend.
The duty of the city to indemnify any such
policeman for any judgment recovered against him shall be conditioned upon
receiving notice of the filing of any such action in the manner and form
hereinabove described.
For the purposes of this Section, no civilian defense worker, nor any
member of any agency engaged in any civilian defense activity, performing
services as a part of any civilian defense program, shall be considered to
be a member of a municipal police department.
If any person in obeying the command of any such policeman to assist in
arresting or securing an offender is killed or injured, or his or her property
or that of his or her employer is damaged, and such death, injury or damage
arises out of and in the course of aiding such policeman in arresting, or
endeavoring to arrest, a person or retaking or endeavoring to re-take a
person who has escaped from legal custody, the person or employer so
injured, or whose property is so damaged, or the personal representatives
of the person so killed, shall have a cause of action to recover the amount
of such damage or injury against the municipal corporation by which such
police officer is employed at the time such command is obeyed.
If a police officer is acting within a municipality other than his or her
employing municipality under an agreement pursuant to Section 11-1-2.1, the
liability or obligation to indemnify imposed by this Section does not
extend to both municipalities. Only that municipality designated by the
agreement is subject to such liability or obligation to indemnify, but, if
the agreement is silent as to such liability or obligation, then the
municipality by which the police officer is employed is subject to such
liability or obligation.
If a police officer is acting within a municipality other than his or her
employing municipality under the provisions of Section 1-4-8, the liability or
obligation to indemnify imposed by this Section shall be the liability or
obligation of the requesting municipality only. The notice required in this
Section 1-4-6 shall be given to the municipality in which he was acting if
other than his employing municipality.
(Source: P.A. 92-810, eff. 8-21-02.)
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(65 ILCS 5/1-4-7) (from Ch. 24, par. 1-4-7)
Sec. 1-4-7.
The municipality shall be liable for any injury occasioned by
actionable wrong to property by the removal, destruction or vacation, in
whole or in part, of any unsafe or unsanitary building, by any municipal
officer, board or employee charged with authority to order or execute such
removal, destruction or vacation, if such removal, destruction or vacation
is pursuant to valid statutes, ordinances or regulations, and if such
officer, board or employee has acted in good faith, with reasonable care
and probable cause.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-4-8) (from Ch. 24, par. 1-4-8)
Sec. 1-4-8.
In addition to the powers of the police of any municipality
under Section 7-4-8 of this Act, the corporate authorities of any
municipality under 500,000 population may request of any other such
municipality or municipalities its police and police department equipment,
and any such requested municipality may furnish its policemen and police
department equipment, to aid the requesting municipality in suppressing or
attempting to suppress, any mob action, riot or civil disturbance occurring
within the requesting municipality, to preserve the peace, and to protect
the lives, rights and property of citizens, regardless of whether any
mutual assistance agreement exists under Section 11-1-2.1 of this Act.
Any municipality requesting and receiving such assistance from another
jurisdiction shall be liable or obligated to indemnify the furnishing
police department for any of its equipment damaged or destroyed, and the
individual policemen so furnished for any material damage to property,
injury to his person or on account of his death, resulting from the
unlawful activities performed or caused by the mob action, riot or civil
disturbance, being or attempted to be suppressed by the requesting
municipality.
Municipalities requesting police assistance under this Section shall
also be liable for any liability or obligation to indemnify the furnished
policeman, their legal representatives in case of death, or the furnishing
municipality or police department, as the case may be, for any liability or
obligation to indemnify created by Section 1-4-5 and 1-4-6 which may occur
as a result of any police assistance furnished under this Section.
Policemen furnished to other municipalities under this Section have all
the powers of the police officers of the requesting municipality and are
subject to the direction of the chief of police of the requesting
municipality; however, they shall retain all their pension and disability
rights while so furnished and working outside of their police district or
territory.
The corporate authorities of any municipality included in this Section
may contract to procure necessary liability insurance to cover any
liability created or imposed by this Section.
(Source: Laws 1968, p. 26.)
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(65 ILCS 5/Art. 1 Div. 5 heading) DIVISION 5.
TAXPAYER SUITS
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(65 ILCS 5/1-5-1) (from Ch. 24, par. 1-5-1)
Sec. 1-5-1.
A suit may be brought by any taxpayer, in the name and for the
benefit of the municipality, against any person to recover any money or
property belonging to the municipality, or for any money which may have
been paid, expended, or released without authority of law. But such a
taxpayer shall file a bond for all costs, and shall be liable for all costs
in case the municipality is defeated in the suit, and judgment shall be
rendered accordingly.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 1 Div. 6 heading) DIVISION 6.
COMPETENCY OF MUNICIPAL
INHABITANTS TO SERVE AS JUDGE OR JUROR
(Heading amended by P.A. 79-1361)
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(65 ILCS 5/1-6-1) (from Ch. 24, par. 1-6-1)
Sec. 1-6-1.
No person shall be incompetent to serve as judge or juror by
reason of his or her being an inhabitant or owner or life tenant in
real estate in a municipality, in any action or proceeding in which that
municipality may be a party in interest.
(Source: P.A. 84-551.)
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(65 ILCS 5/Art. 1 Div. 7 heading) DIVISION 7.
CENSUS PROVISIONS
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(65 ILCS 5/1-7-1) (from Ch. 24, par. 1-7-1)
Sec. 1-7-1.
The corporate authorities of each municipality may provide for
the taking of a municipal census, not oftener than once each year provided
such census is conducted by the Federal Government.
(Source: P.A. 76-985.)
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(65 ILCS 5/1-7-2) (from Ch. 24, par. 1-7-2)
Sec. 1-7-2. Whenever in this Code any provision thereof is based upon the
number of inhabitants, the number of inhabitants of the municipality shall
be determined by reference to the latest census taken by authority of the
United States or this state, or of that municipality. It is the duty of the
Secretary of State, upon the publication of any state or United States
census or the certification of any municipal census referenced under Section 1-7-1, to certify to each municipality the number of inhabitants, as shown
by that census. In the event that a partial census is conducted pursuant to Section 1-7-1, the Secretary of State shall certify the total number of inhabitants of the municipality as the number reflected by the last complete census of the municipality adjusted by the net increase or decrease reflected by the partial census. And the several courts in this state shall take judicial
notice of the population of any municipality, as the population appears
from the latest federal, state, or municipal census so taken, certified, and adjusted.
(Source: P.A. 96-372, eff. 8-13-09.)
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(65 ILCS 5/Art. 1 Div. 8 heading) DIVISION 8.
MEMBERSHIP IN ILLINOIS
MUNICIPAL LEAGUE
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(65 ILCS 5/1-8-1) (from Ch. 24, par. 1-8-1)
Sec. 1-8-1.
The corporate authorities of each municipality may provide for
joining the municipality in membership in the Illinois Municipal League, an
unincorporated, nonprofit, nonpolitical association of Illinois cities,
villages and incorporated towns and may provide for the payment of annual
membership dues and fees. The member cities, villages and incorporated
towns acting by, through and in the name of such instrumentality may
provide and disseminate information and research services, and may do all
other acts for the purpose of improving local government.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 1 Div. 9 heading) DIVISION 9.
CUMULATIVE EFFECT, SAVINGS
CLAUSES, REPEAL, OTHER PROVISIONS
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(65 ILCS 5/1-9-1) (from Ch. 24, par. 1-9-1)
Sec. 1-9-1.
The provisions of this Code shall be cumulative in effect and
if any provision is inconsistent with another provision of this Code or
with any other Act not expressly repealed by Section 1-9-8, it shall be
considered as an alternative or additional power and not as a limitation
upon any other power granted to or possessed by municipalities. But the
provisions of this Code shall not be considered as impairing, altering,
modifying, or repealing any of the jurisdiction or powers possessed by any
department, board, commission, or officer of the state government
immediately prior to the effective date of this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-2) (from Ch. 24, par. 1-9-2)
Sec. 1-9-2.
The repeal of the acts or parts thereof specified in Section
1-9-8 shall not (1) affect suits pending or rights existing immediately
prior to the effective date of this Code; (2) impair, avoid, or affect any
grant or conveyance made or right acquired or cause of action now existing
under any such repealed act or amendment thereto; or (3) affect or impair
the validity of any bond or other obligation issued or sold and
constituting a valid obligation of the issuing authority immediately prior
to the effective date of this Code. The repeal of any validating act or
part thereof shall not avoid the effect of the validation. No act repealed
by Section 1-9-8 shall repeal any act or part thereof which embraces the
same or a similar subject matter as the act repealed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-3) (from Ch. 24, par. 1-9-3)
Sec. 1-9-3.
The provisions of this Code insofar as they are the same or
substantially the same as those of any prior statute, shall be construed as
a continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an act of the General
Assembly, or a section of such an act, which is continued in this Code,
such reference shall be held to refer to the act or section thereof so
continued in this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-4) (from Ch. 24, par. 1-9-4)
Sec. 1-9-4.
Any bond or other evidence of indebtedness issued under the
provisions of any act repealed by this Code which is outstanding and unpaid
on the effective date of this Code shall be amortized and retired by
taxation or revenue in the manner provided by the act under which such
indebtedness was incurred, notwithstanding the repeal of such act.
However, the provisions of this section shall not be construed to
prevent the refunding of any such indebtedness under the provisions of this
Code or as may be otherwise provided by law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-5) (from Ch. 24, par. 1-9-5)
Sec. 1-9-5.
Article, division or section headings contained herein shall
not be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any article, division or section
hereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-6) (from Ch. 24, par. 1-9-6)
Sec. 1-9-6.
The invalidity of any provision of this Code shall not affect
the validity of the remainder of this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-7) (from Ch. 24, par. 1-9-7)
Sec. 1-9-7.
Where, in this Code, reference is made to a section, division
or article by its number and no act is specified, the reference is to the
correspondingly numbered section, division or article of this Code. Where
reference is made to "this article" or "this division" or "this section"
and no Act is specified, the reference is to the article, division or
section of this Code in which the reference appears. If any section,
division or article of this Code is hereafter amended, the reference shall
thereafter be treated and considered as a reference to the section,
division or article as so amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-8) (from Ch. 24, par. 1-9-8)
Sec. 1-9-8.
The following acts and parts of acts are repealed except
as provided in Section 1-9-9:
"An Act authorizing any city of this State having a population of
less than 100,000 inhabitants, which has established and is supporting a
public hospital, to reconstruct, improve, make extensions, repair and
equip such public hospital, and to prescribe the mode of procedure for
and to regulate the issuance and sale of bonds to finance such works,
undertakings and projects," approved January 16, 1936, as amended;
"An Act to regulate the civil service of cities," approved March 20,
1895, as amended;
"An Act to authorize cities to establish houses of correction and
farm colonies within the corporate limits and outside the corporate
limits within the same county and authorize the confinement of convicted
persons therein," approved April 25, 1871, as amended;
Section 21c of "An Act in relation to motor vehicles and to repeal a
certain act therein named," approved June 30, 1919, as amended;
"An Act authorizing cities, towns and villages to permit the
construction of surface and elevated ways," approved May 25, 1907;
"An Act authorizing cities, towns and villages to construct and
maintain surface and elevated ways, and turn the same over to public
park corporate authorities," approved May 25, 1907;
"An Act to authorize cities to open streets through parks," approved
June 27, 1913;
"An Act in relation to the joint ownership and operation of municipal
buildings," approved July 13, 1955;
"An Act to enable cities, towns and villages organized under any law
to regulate, license and control wagons and other vehicles," approved
June 28, 1913, as amended;
"An Act authorizing cities and villages to provide for the payment of
allowances of money to the families or dependents of policemen and
firemen killed or fatally injured while in the performance of their
duties and authorizing such cities and villages to provide medical care
and hospital treatment in case of accident to policemen and firemen,"
approved June 27, 1921, as amended;
"An Act to authorize cities, villages and incorporated towns to
procure certain insurance policies for the benefit of volunteer
firemen," approved July 17, 1941;
"An Act to provide for the recording of building permits issued by
any municipality in counties containing 500,000 or more inhabitants,"
approved July 13, 1955, as amended;
"An Act to provide for the creation, setting apart, maintenance and
administration of a Board of Election Commissioner's Employees' Annuity
and Benefit Fund in cities having a population of more than two hundred
thousand (200,000) inhabitants in which any Board of Election
Commissioners is functioning in accordance with law," approved July 8,
1935, as amended;
"An Act in relation to the payment of pensions from the corporate
fund of cities having a population exceeding two hundred thousand
inhabitants," approved July 5, 1935;
"An Act in relation to audits of the accounts of cities, villages and
incorporated towns having a population not exceeding 500,000," approved
July 3, 1951, as amended;
"The Industrial Building Revenue Bond Act of 1951," approved August
2, 1951, as amended;
"An Act to provide for the setting apart, formation and disbursement
of a police pension fund in cities, villages and incorporated towns
having a population of not more than 200,000 inhabitants," approved June
14, 1909, as amended;
"An Act to provide for the creation, setting apart, maintenance and
administration of a firemen's annuity and benefit fund in cities having
a population exceeding five hundred thousand inhabitants," approved June
12, 1931, as amended;
"An Act to provide for the creation, setting apart, maintenance and
administration of a policemen's annuity and benefit fund in cities
having a population exceeding two hundred thousand inhabitants,"
approved June 29, 1921, as amended;
"An Act to create an organization and a fund for the pensioning of
disabled fire insurance patrolmen, and the widows and children of
deceased patrolmen, and authorizing the retirement from service and the
pensioning of members of the fire insurance patrol in cities, villages
and towns where the population exceeds 50,000 inhabitants having a paid
fire insurance patrol," approved June 24, 1895, as amended;
All of "The Revised Cities and Villages Act," approved August 15,
1941, as amended, except Article 21 of said Revised Cities and Villages
Act.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-9) (from Ch. 24, par. 1-9-9)
Sec. 1-9-9.
Nothing in this Code shall be construed to repeal any section
of the various laws of which this Code is comprised when such section is
the subject of an amendment enacted by the Seventy-Second General Assembly
and which becomes law. Furthermore, it is the intent of the General
Assembly that the corresponding section of this Code shall be construed
with such amended section so as to give effect to such amendment as if it
was made a part of this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 2 heading) ARTICLE 2
ORGANIZATION OF MUNICIPALITIES
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(65 ILCS 5/Art. 2 Div. 1 heading) DIVISION 1.
GENERAL PROVISIONS
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(65 ILCS 5/2-1-1) (from Ch. 24, par. 2-1-1)
Sec. 2-1-1.
All courts shall take judicial notice of the existence of all
cities and villages incorporated under this Code, of the changes made in
their territory, and of the change of incorporation of any municipality
from its former incorporation to its incorporation under this Code. From
the time of incorporation, or change of incorporation under this Code, this
Code shall apply to such cities and villages. Laws in conflict with this
Code shall no longer apply to such cities and villages. But laws not
inconsistent with the provisions of this Code shall continue in force and
apply to any such city or village, the same as if the incorporation or
change of incorporation has not taken place.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-1-2) (from Ch. 24, par. 2-1-2)
Sec. 2-1-2.
No municipality shall incorporate under any other general law
which may be in force for the incorporation of municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-1-3) (from Ch. 24, par. 2-1-3)
Sec. 2-1-3.
All ordinances, resolutions, and by-laws in force in any
municipality when it incorporates under this Code, shall continue in full
force and effect until repealed or amended, notwithstanding the change in
corporate organization. Change in corporate organization shall not effect a
change in the legal identity, as a corporation, of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-1-4) (from Ch. 24, par. 2-1-4)
Sec. 2-1-4.
All rights and property of every kind and description, which
were vested in any municipality, shall vest in the same city or village
upon its incorporation under this Code. No change in corporate organization
shall affect adversely any existing rights in favor of or liabilities against
any municipality. No suit or prosecution of any kind that involves any municipality
shall be affected by any change in corporate organization of the municipality,
but the suit or prosecution shall stand and progress as if no change in
corporate organization had been made. However, when a change in corporate
organization of any municipality makes applicable a provision in this Code
that gives a different remedy, the remedy shall be cumulative to the remedies
before provided.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-1-5) (from Ch. 24, par. 2-1-5)
Sec. 2-1-5.
The chief executive officer of any city or village which has
incorporated under this Code, within 3 months after incorporation, shall
file with the recorder of the county specified in Section 2-2-6, a
certified copy of the record of the court, or of the city or village, in
the matter of the organization, showing the canvass of the votes and the
result of the election, whereby the city or village was incorporated. The
recorder shall record this certified copy. Thereupon the recorder shall
immediately transmit the certified copy to the Secretary of
State together with his certificate of recordation. If it appears from the
recitals in the documents that this Code has been duly complied with, the
Secretary of State shall file the documents and issue his certificate of
approval over his signature and the great seal of State. The Secretary of
State shall make and keep a register of cities and villages incorporated
under this Code. He shall also keep all registers of municipalities made
under any previous statute.
(Source: P.A. 83-358.)
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(65 ILCS 5/2-1-6) (from Ch. 24, par. 2-1-6)
Sec. 2-1-6.
Any existing municipality which, more than 75 years prior to
July 1, 1955, changed its corporate organization under the provisions of
"An Act to provide for the incorporation of cities and villages", approved
April 10, 1872, but no certified copy of the entry made on the records of
such municipality or county court of the canvass of the votes showing the
result of the election to change its corporate organization was filed with
the Secretary of State as provided in said Act of 1872 and the records of
such entry have been lost or destroyed, such municipality by its chief
executive officer may file with the Secretary of State and the County
Recorder such secondary evidence of the holding and result of such election
as may be available. Thereupon the Secretary of State shall issue a
certificate of approval provided for in Section 2-1-5 and such municipality
shall be considered for all purposes to have been duly incorporated as a
city or village, as the case may be, since the date of such election.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-1-7) (from Ch. 24, par. 2-1-7)
Sec. 2-1-7.
Before action is had upon any petition for incorporation of a
city or village, the name proposed to be given to such municipality shall
be filed with the Secretary of State. If it appears from information in his
office that the proposed name has not been adopted by any municipality, the
Secretary of State shall grant a certificate so stating. If the proposed
name is the same as the name of another municipality in Illinois, the
Secretary of State shall inform the petitioners thereof. Thereupon, the
petitioners may file another proposed name with the Secretary of State and
they may proceed in the manner set forth in this section. No action shall
be taken on the petition for incorporation until the Secretary of State has
issued such certificate.
(Source: Laws 1963, p. 1937.)
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(65 ILCS 5/Art. 2 Div. 2 heading) DIVISION 2.
INCORPORATION OF CITIES
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(65 ILCS 5/2-2-1) (from Ch. 24, par. 2-2-1)
Sec. 2-2-1.
Whenever a number of electors of a city equal to
1/8 of the electors of the city voting at
the last preceding
municipal election petition for the submission of the question whether
the city shall incorporate under this Code
to a vote of the electors in the city, the municipal clerk shall
certify this question for submission to a vote of the
electors of the city at an election in accordance with the general election
law.
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-2-1.1) (from Ch. 24, par. 2-2-1.1)
Sec. 2-2-1.1.
As used in this Division 2, "immobile dwelling" means any
dwelling place except a tent, camp trailer, house car or house trailer
whether or not such tent, camp trailer, house car or house trailer is
placed on a foundation or otherwise permanently affixed to the realty.
(Source: Laws 1963, p. 1932.)
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(65 ILCS 5/2-2-3) (from Ch. 24, par. 2-2-3)
Sec. 2-2-3.
The question shall be in
substantially the following form:
Shall the city of.... YESincorporate as a city under the general law? NO
The corporate authorities shall
cause the result of the canvass to be entered on the records of the
city. If a majority of the votes cast at the election favor
incorporation as a city under the general law, the city is incorporated
under this Code. Thereupon, the city officers then in office shall
exercise the powers conferred upon like officers in this Code, until
their successors are elected and have qualified.
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-2-4) (from Ch. 24, par. 2-2-4)
Sec. 2-2-4.
Any incorporated town or village having a population of not
less than 2,500 persons including 2,000 living in immobile dwellings, may
incorporate as a city in like manner as is provided in Sections 2-2-1
through 2-2-3. In all such cases, however, the President and Trustees of
the village or incorporated town, respectively, shall perform the same
duties relative to such change of organization as are required by Sections
2-2-1 through 2-2-3 to be performed by the Mayor or corporate authorities
of cities. The change of form of incorporation, if the vote is in favor
thereof, shall not take effect until city officers are elected and have
qualified as specified in Section 2-2-9. Until such time the presently
serving incorporated town or village officers shall continue to conduct the
affairs of the incorporated town or village in the usual manner.
The question whether an incorporated town or village shall incorporate
as a city under this Code shall not be presented more often than once in 4
years in such incorporated town or village.
(Source: Laws 1961, p. 1880.)
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(65 ILCS 5/2-2-5) (from Ch. 24, par. 2-2-5)
Sec. 2-2-5.
Whenever any area of contiguous territory, not exceeding 4
square miles, and not already included within the corporate limits of any
municipality has residing thereon a population of not less than 2,500
persons, including 2,000 living in immobile dwellings, it may be
incorporated as a city as follows. Whenever in any county with more than
1,000,000 inhabitants any area of
contiguous territory not exceeding 4 square miles and not already included
within the corporate limits of any municipality, has residing within the
area all of the registered voters of a township who are not already
included within the corporate limits of any municipality, is wholly bounded
by a single municipality, and contains more than 1,200 residents, it may be
incorporated as follows. If such area contains fewer than 7,500
residents and lies within 1 1/2 miles of the boundary line of any existing
municipality, the consent of such existing municipality must be obtained
before such area may be incorporated.
(Source: P.A. 85-1449.)
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(65 ILCS 5/2-2-6) (from Ch. 24, par. 2-2-6)
Sec. 2-2-6.
Any 200 electors residing within the area may file with the circuit
clerk of the county in which the area is situated, a petition addressed to
the circuit court. The petition shall set forth (1) a definite description
of the lands intended to be embraced in the proposed city, and a statement
that no part of the territory lies within 1 1/2 miles of the boundary line
of any existing municipality which has not consented to such incorporation,
(2) the number of inhabitants residing therein, (3) the name of the
proposed city, and (4) a prayer that a question be submitted to the
electors residing within the limits of the proposed city, whether they will
incorporate as a city under this Code. The petition need not set forth that
no part of the territory lies within 1 1/2 miles of the boundary line of
any existing municipality which has not consented to such incorporation, if
the area proposed to be incorporated has residing therein a population of
7,500 or more residents. The court within 5 days after the petition is
filed shall enter an order fixing the time for the hearing upon the
petition and the day for the hearing shall be not less than 25 nor more
than 35 days after the filing of the petition.
The petitioners shall give notice of the incorporation petition not more
than 30 nor less than 15 days before the date set for hearing. This notice
shall state that a petition for incorporation has been filed and give the
substance thereof including a description of the territory to be
incorporated, the number of persons residing within the territory, and the
date fixed for hearing. This notice shall be given by publication thereof
at least once in one or more newspapers published in the proposed city or,
if no newspaper is published therein, then in one or more newspapers with a
general circulation within the proposed city.
(Source: P.A. 78-852.)
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(65 ILCS 5/2-2-7) (from Ch. 24, par. 2-2-7)
Sec. 2-2-7.
After the filing of the petition but not less than 5 days prior to the date
fixed for hearing, any person owning real property or residing within the
territory described in the petition or any other interested person may file
with the circuit clerk his objections (1) that the territory described in
the petition is not contiguous territory, (2) that the
territory or some portion thereof is already included within another municipality,
(3) that the territory has residing therein fewer than 7,500 residents and
some portion of the territory lies within 1 1/2 miles of the boundary line
of an existing
municipality which has not consented to the incorporation, (4) that the
territory exceeds 4 square miles, (5) that the petition is not signed by
the requisite number of electors, (6) that the requisite number of persons
do not reside within the territory described in the petition, (7) that the
description of the territory contained in the petition is inaccurate or
inadequate, or (8) that the incorporation adversely affects an existing
municipality, within 1 1/2 miles of the boundaries of the territory described
in the petition, with respect to its ability to perform and render necessary
governmental services.
The cause shall be heard without further pleadings. At the hearing
the objector may be heard in person or by counsel.
With respect to objection number (8) above, the objector shall have the
burden of proving the allegations of the objection. If, upon hearing such
objection, the court determines that the allegations have been sustained,
but that the objection can be overcome by modification of the boundaries
of the territory described in the petition, such petition shall not be dismissed,
but the petitioners shall be permitted to so modify the petition before prove-up.
If petitioners fail to prove the allegation of the petition, the petition
shall be dismissed, but if the petitioners prove the
allegations of the petition to be true the court shall enter an order
making findings of fact in accordance with the proof adduced. The order
shall also designate at which election the question of
incorporation shall be submitted.
(Source: P.A. 82-783.)
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(65 ILCS 5/2-2-8) (from Ch. 24, par. 2-2-8)
Sec. 2-2-8.
The proposition shall be in
substantially the following form:
Shall the territory (here describe YESit) be incorporated as a city under the general law? NO
The result of the election shall be entered of record in the court.
If a majority of the votes cast at the election
favor incorporation as a city under the general law, the inhabitants of
the territory described in the petition are incorporated as a city under
this Code, with the name stated in the petition.
Appeals may be taken as in other civil cases.
(Source: P.A. 83-343.)
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(65 ILCS 5/2-2-9) (from Ch. 24, par. 2-2-9)
Sec. 2-2-9.
The election for city officers in any incorporated town or
village which has voted to incorporate as a city shall be held at the time
of the next regularly scheduled election
for officers, in accordance with the general election law. The corporate
authorities of such incorporated
town or village shall cause the result to be entered upon
the records of the city. Alderpersons
may be elected on a general ticket at the election.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/2-2-10) (from Ch. 24, par. 2-2-10)
Sec. 2-2-10.
Where cities are incorporated under Sections 2-2-5 through
2-2-8, the court, specified in such sections, shall cause the circuit
court clerk to perform the same duties relating thereto as are required
of the municipal clerk by the general election law.
(Source: P.A. 81-1490.)
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(65 ILCS 5/2-2-11) (from Ch. 24, par. 2-2-11)
Sec. 2-2-11.
The city officers elected at the initial election under
either Section 2-2-9 or Section 2-2-10 shall hold their respective offices
for such terms as are otherwise provided in this Code and until the next
general municipal election provided therefor when their successors are
elected and have qualified.
All city officers elected after such first election shall hold their respective
offices for such terms as are otherwise provided for in this Code.
(Source: P.A. 81-1490.)
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(65 ILCS 5/2-2-12) (from Ch. 24, par. 2-2-12)
Sec. 2-2-12.
Cities incorporated under this Code shall be bodies politic
and corporate under the name of "City of (name)," and under that name may
sue and be sued, contract and be contracted with, acquire and hold real and
personal property for corporate purposes, have a corporate seal, changeable
at pleasure, and exercise all the powers hereinafter conferred.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-2-13) (from Ch. 24, par. 2-2-13)
Sec. 2-2-13.
Any city office, in which deeds, mortgages, or other
instruments were required or authorized to be recorded by the city's
special charter in lieu of recording the instruments in the office of the
recorder in the county where the city, or a major portion thereof,
is situated, shall be discontinued whenever the city is incorporated under
this Code. The city officer, who holds this office and has custody of the
records, books, and papers of the office, shall deliver them to the
recorder of the county specified in this section, and shall take
the receipt of the recorder therefor. Thereafter, these records, books, and
papers shall be a part of the records of the recorder's office and shall
have the same legal effect as if they had been originally a part of the
records of the recorder's office. They, or certified transcripts made
therefrom, shall have the same force and effect as evidence as other
records in the recorder's office.
(Source: P.A. 83-358.)
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(65 ILCS 5/2-2-14) (from Ch. 24, par. 2-2-14)
Sec. 2-2-14.
In any county of between 150,000 and 1,000,000 population which has
adopted an official plan under "An Act to provide for regional planning and
for the creation, organization and powers of regional planning
commissions", approved June 25, 1929, as amended, the county board, by
resolution, may provide that before the question of incorporating a city
under this Division is submitted to the electors in response to a petition
filed under Section 2-2-6 the county board must first determine that (1)
the proposed incorporation is compatible with the official plan for the
development of the county, and (2) the lands described in the petition as
intended to be embraced in the proposed city constitute a sufficient tax
base as will insure the ability of the city to provide all necessary
municipal services to its inhabitants. When such a resolution is in effect,
the court in which such a petition is filed shall first require a showing
that those determinations have been made by the county board. If no such
showing is made the court shall deny the petition. If such a showing is
made, the court shall proceed as provided in Section 2-2-6.
(Source: P.A. 76-676.)
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(65 ILCS 5/2-2-15) (from Ch. 24, par. 2-2-15)
Sec. 2-2-15.
Each boundary of the municipality shall extend to the far side of any
adjacent highway not included in any other municipality
and shall include all of every highway within the area incorporated. These
highways shall be considered to be incorporated even though not included in
the legal description set forth in the petition for incorporation. When
any land proposed to be incorporated includes any highway under the
jurisdiction of any township, the township commissioner of highways and
the board of town trustees shall be notified in writing by certified or
registered mail before any court hearing or other action is taken for
incorporation. If any municipality has been incorporated before
January 1, 1986 and the legal description in the petition for incorporation did not
include an adjacent highway, any such incorporation shall be valid and every
highway adjacent to the area incorporated and not included in any other
municipality shall be considered to be incorporated,
notwithstanding the failure of the petition to incorporate to include the
description of the adjacent highway.
(Source: P.A. 84-898.)
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(65 ILCS 5/Art. 2 Div. 3 heading) DIVISION 3.
INCORPORATION OF VILLAGES
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(65 ILCS 5/2-3-1) (from Ch. 24, par. 2-3-1)
Sec. 2-3-1.
Whenever 30 electors in any incorporated town petition
the corporate authorities of the town to submit a question whether the
town will incorporate as a village under this Code, to the decision of
the electors thereof, the question shall be certified and submitted for
the electors of the town and shall be conducted in the manner prescribed
by the general election law.
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-3-1.1) (from Ch. 24, par. 2-3-1.1)
Sec. 2-3-1.1.
As used in this Division 3, "immobile dwelling" means any
dwelling place except a tent, camp trailer or house car whether or not such
tent, camp trailer or house car is placed on a foundation or otherwise
affixed to the realty, and except a house trailer, unless such
house trailer is situated on a support system and is assessed as real
property pursuant to the Property Tax Code.
(Source: P.A. 96-1477, eff. 1-1-11.)
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(65 ILCS 5/2-3-2) (from Ch. 24, par. 2-3-2)
Sec. 2-3-2.
The question shall be in substantially the
following form:
Shall the incorporated town of YES.... incorporate as a village under the general law? NO
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-3-3) (from Ch. 24, par. 2-3-3)
Sec. 2-3-3.
The corporate authorities shall cause a statement of the result
of the referendum to be entered upon the records of the town.
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-3-4) (from Ch. 24, par. 2-3-4)
Sec. 2-3-4.
If a majority of the votes cast on such question favor
incorporation as a village under the general law, such town is
incorporated as a village under this Code. The town officers then in
office shall continue as like officers of the village until their
respective successors are elected or appointed under this Code.
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
Sec. 2-3-5. Incorporation of village; petition. Whenever in any county of less than 150,000 population as
determined by the last preceding federal census, any area of contiguous
territory, not exceeding 2 square miles, not already included within the
corporate limits of any municipality, has residing thereon at least 200
inhabitants living in dwellings other than those designed to be mobile, and
is owned by at least 30 different owners, it may be incorporated as a village
as follows:
35 electors residing within the area may file with the circuit clerk of
the county in which such area is situated a petition addressed to the
circuit court for that county.
The petition shall set forth (1) a definite description of the lands
intended to be embraced in the proposed village, (2) the number of
inhabitants residing therein, (3) the name of the proposed village, and (4)
a prayer that a question be submitted to the electors residing within the
limits of the proposed village whether they will incorporate as a village
under this Code.
If the area contains fewer than 7,500 residents and lies within 1 1/2
miles of the boundary line of any existing municipality, the consent of the
existing municipality must be obtained before the area may be incorporated.
No area in a county with a population of 150,000 or more that is
incorporating under the provisions of this Section shall need to obtain the
consent of any existing municipality before the area may be incorporated.
In addition, any contiguous territory in a county of 150,000 or more
population which otherwise meets the requirements of this Section may be
incorporated as a village pursuant to the provisions of this Section if (1)
any part of such territory is situated within
10 miles of a county
with a
population less than 150,000 and a petition is filed pursuant to
this
Section before January 1,
1991 or (2) any part of the territory is situated
within 25 miles of the Illinois state line in a county having a
population,
according to the 1990 federal decennial census, of at least 150,000 but less
than 185,000 and a petition is filed pursuant to
this Section before January 1, 1998.
In addition, contiguous territory not exceeding 2 square miles in a county
with a population of not less than 187,000 and not more than 190,000 that
otherwise meets the requirements of
this Section may be incorporated as a village pursuant to the provisions of
this Section if (1) any part of the territory is situated within 13 miles of a
county with a population of less than 38,000 and more than 36,000 and (2) a petition is filed in
the manner provided in this Section before January 1, 2005. The
requirements
of Section 2-3-18 concerning compatibility with the official plan for
development of the county shall not
apply
to any territory seeking incorporation under this paragraph. In addition, contiguous territory not exceeding 0.7 square miles having not less than 1,400 and not more than 1,600 inhabitants, as determined by the 2000 federal decennial census, living in dwellings other than those designed to be mobile, located in a county of not less than 600,000 and not more than 650,000 inhabitants, as determined by the 2000 federal decennial census, that otherwise meets the requirements of this Section may be incorporated as a village pursuant to the provisions of this Section if the territory includes a contiguous body of water of not less than 30 acres and not more than 45 acres. The petition to the court required by this Section shall in the case of the area described in this paragraph also include a comprehensive plan that specifically details the services that the newly incorporated municipality shall provide and the estimated initial annual cost of those services. If the area is incorporated following referendum approval, then the newly incorporated municipality must directly provide or contract for 24-hours-per-day, 7-days-per-week law enforcement services. The consent of a municipality need not be obtained before the territory may be incorporated. The requirements of Section 2-3-18 concerning compatibility with the official plan for development of the county shall not apply to any territory seeking incorporation under this paragraph.
(Source: P.A. 96-973, eff. 7-2-10.)
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(65 ILCS 5/2-3-5a) (from Ch. 24, par. 2-3-5a)
Sec. 2-3-5a. Incorporation of village.
(a) Whenever in any county of 150,000 or more population as determined by
the last preceding federal census any area of contiguous territory contains
at least 4 square miles and 2500 inhabitants residing in permanent
dwellings, that area may be incorporated as a village if a petition filed
by 250 electors residing within that area is filed with the circuit clerk
of the county in which such area is located addressed to the circuit court
for that county. The petition must set forth:
(1) a legal description of the area intended to be | ||
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(2) the number of residents in that area,
(3) the name of the proposed village, and
(4) a prayer that the question of the incorporation | ||
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If the area contains fewer than 7,500 residents and lies within 1 1/2 miles
of the limits of any existing municipality, the consent of that municipality
must be obtained before the area may be incorporated.
(b) If, in a county having more than 240,000 but fewer than
400,000
inhabitants as determined by the last preceding federal census, an area of
contiguous territory contains at least 3 square miles and 5,000
inhabitants
residing in permanent dwellings, that area may be incorporated as a village in
the same manner as is provided in subsection (a). The consent of a
municipality need not be obtained.
(c) If, in a county having more than 316,000 but fewer than 318,000
inhabitants as determined by the last preceding federal census, an area of
contiguous territory that does not exceed one square mile and between 1000 and
1500 inhabitants residing in permanent dwellings, and is located within 10
miles of a county with a population of less than 150,000 as determined by the
last preceding federal census, that area may be incorporated as a village in
the same manner as is provided in subsection (a). The consent of a municipality
need not be obtained.
(d) If, in a county having more than 400,000 but fewer than 410,000 inhabitants, as determined by the last preceding federal census, an area of contiguous territory not exceeding one square mile contains at least 400 inhabitants residing in permanent dwellings and is located in a township adjacent to a county of less than 150,000 inhabitants, as determined by the last preceding federal census, then that area and the area adjacent thereto and also within such township, not exceeding, however, 4 square miles in total, may be incorporated as a village in the same manner as provided in subsection (a). Neither the consent of a municipality nor the finding of the county board under Section 2-3-18, if otherwise applicable, need be obtained.
(Source: P.A. 94-23, eff. 6-14-05.)
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(65 ILCS 5/2-3-6) (from Ch. 24, par. 2-3-6)
Sec. 2-3-6.
Upon the filing of such a petition with the circuit
clerk, the court shall hear testimony and rule that the area under
consideration is or is not a village in fact. The ruling of the court
shall be entered of record in the court. If
the court rules that
the area does not constitute a village in fact, the petition to
incorporate the area as a village is denied and no subsequent petition
concerning village incorporation of any of the land described in the
earlier petition may be filed within one year. If the court rules that
the area does constitute a village in fact, such court shall enter an order
so finding and the proposition shall be certified and submitted to the electors
of such area in the manner provided by the general election law. The proposition
shall be in substantially the following form:
Shall the territory (here YESdescribe it) be incorporated as a village under the general law? NO
The result of the election shall be entered of record in
the court. If a majority of the votes cast at the election favor
incorporation as a village under the general law the inhabitants of the
territory described in the petition are incorporated as a village under
this Code with the name stated in the petition.
(Source: P.A. 83-343.)
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(65 ILCS 5/2-3-7) (from Ch. 24, par. 2-3-7)
Sec. 2-3-7.
Thereupon the court shall order the election
of village officers at the general municipal election
in accordance with the general election law and for that initial election
of officers, the clerk of the circuit court shall perform all election duties
of the municipal clerk as provided by law. The term of office of the village
officers elected at the
next general municipal election shall terminate as soon as their
successors are elected at the next regular election and have qualified.
(Source: P.A. 81-1490.)
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(65 ILCS 5/2-3-8) (from Ch. 24, par. 2-3-8)
Sec. 2-3-8.
Villages incorporated under this Code shall be bodies politic
and corporate under the name of "Village of (name)", and under that name
may sue and be sued, contract and be contracted with, acquire and hold real
and personal property for corporate purposes, have a corporate seal,
changeable at pleasure, and exercise all the powers conferred in this Code
upon cities not exceeding 5,000 inhabitants, except as otherwise expressly
provided in this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-3-9) (from Ch. 24, par. 2-3-9)
Sec. 2-3-9.
Upon the filing of a petition signed by one-fourth of the
registered voters of any city, the city clerk shall certify, in the manner
provided by the general election law the question of whether the city shall
incorporate as a village, to the proper election authorities who shall submit
the question at an election in accordance with the general election law.
After one referendum
for the purpose has taken place, no other referendum for the same purpose
shall be held until ten months has elapsed.
The question shall be substantially in the following form:
Shall the city of.... YESincorporate as a village under the general law? NO
If a majority of the votes cast on the question
are in favor of the incorporation of the city into a village, then the city
shall be a village under this Code. It shall retain its name as the Village
of.... and shall succeed to all rights and be liable for all debts and liabilities
of the city.
The officers of the former city, shall hold their offices until the next
general municipal election, at which village officers are elected and until
their successors have qualified.
(Source: P.A. 81-1490.)
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(65 ILCS 5/2-3-10) (from Ch. 24, par. 2-3-10)
Sec. 2-3-10.
Any part of any village or incorporated town, lying upon the
border thereof, and having not less than 500 inhabitants living in immobile
dwellings other than those designed to be mobile, may incorporate as a
village under this Code if the territory remaining in the original village
or incorporated town shall not be less than 4 square miles, and shall have
not less than 500 inhabitants living in dwellings other than those designed
to be mobile. Such village may incorporate as follows:
A petition shall be presented to the circuit court for the county
wherein the village or incorporated town is situated, asking that the
question of incorporating a part of the village or incorporated town into a
new village under this Code be submitted to the electors of the village or
incorporated town.
The petition shall set forth (1) a definite description of the lands
intended to be embraced in the proposed village, (2) the number of
inhabitants residing therein, and (3) the name of the proposed village. The
petition shall be signed by not less than 50 electors residing in the
described territory. But if more than 500 votes were cast by electors
residing in the described territory at the last preceding election, the
petition shall be signed by electors residing in the described territory,
in a number equal to one-tenth of the number of votes cast in the described
territory at the last preceding general or municipal election.
(Source: Laws 1967, p. 3740.)
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(65 ILCS 5/2-3-11) (from Ch. 24, par. 2-3-11)
Sec. 2-3-11.
Upon the presentation of such petition, the court, in accordance
with the general election law, shall consider the petition and enter
appropriate orders for certification and submission. The question
of incorporating the territory described in the petition into a village
under this Code may be submitted at any regular election.
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-3-12) (from Ch. 24, par. 2-3-12)
Sec. 2-3-12.
Two or more petitions, each for wholly different territory,
may be acted upon. The questions proposed in these petitions may be
submitted to vote at the same election. In this event, the vote on each
question submitted shall be counted and given effect as if it were the only
question voted upon.
If 2 or more petitions are presented embracing in part the same
territory, the one first presented shall be submitted alone to a vote. If
the one first presented is carried, the other petitions shall not be
submitted. If the one first presented is voted down, the petition next
presented shall be submitted, and so on, until one has been carried, or all
have been voted down.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-3-13) (from Ch. 24, par. 2-3-13)
Sec. 2-3-13.
Whenever the territory affected by the election ordered under
Sections 2-3-10 and 2-3-11 is under the City Election Law, and within
the jurisdiction of a board of election commissioners, the election
ordered by the court and all municipal, county, State, or general
elections held in the territory prior to the qualifications of the
village officials of the new village that may be incorporated under
Sections 2-3-10 and 2-3-11, shall be conducted by the board of election
commissioners in conformity with the provisions of the City Election Law
as heretofore and hereafter amended.
Whenever such territory is not within the jurisdiction of such board
of election commissioners, the elections specified in the preceding
paragraph of this section shall be conducted in the manner provided by
law for the conducting of municipal elections in territory not within
the City Election Law as heretofore and hereafter amended. The proposition shall be
substantially in the following form:
Shall the part of the village(or incorporated town) of YES.... lying (describe its location) be incorporated as a village NOunder the general law?
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-3-14) (from Ch. 24, par. 2-3-14)
Sec. 2-3-14.
No election on the same question concerning territory
within the same boundaries, shall be had, after one election thereon,
until 10 months have elapsed.
(Source: P.A. 81-1489.)
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(65 ILCS 5/2-3-15) (from Ch. 24, par. 2-3-15)
Sec. 2-3-15.
If a majority of the electors in such village or incorporated
town, as well as a majority of the electors residing in the territory
proposed to be incorporated as a new village, voting upon the question,
vote in favor of the incorporation of a part of the village or incorporated
town as a village under the general law, the territory is a new village
with the name specified in the petition.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-3-16) (from Ch. 24, par. 2-3-16)
Sec. 2-3-16.
Upon the creation of a new village as specified in Sections 2-3-10
through 2-3-15 village officers shall be elected in the manner prescribed
in Section 2-3-7. Until such officers are elected and have qualified, the
officers of the original village or incorporated town shall have
jurisdiction over the new village.
Upon the election and qualification of the officers of the new village,
the terms of all officers of the original village or incorporated town held
by residents of the new village, who continue to reside in the new village,
shall be terminated, and these latter officers shall cease to act when
their successors have been elected, or appointed, and have qualified.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-3-17) (from Ch. 24, par. 2-3-17)
Sec. 2-3-17.
In the application of Section 2-3-10 through 2-3-16, Sections
7-1-31 through 7-1-41, Section 7-1-43 and Section 7-1-44 shall govern in
all matters affecting the interests, status, properties, division,
distribution, and settlement of the matters mentioned in these latter
sections, so far as these latter sections are applicable and are not in
conflict with the provisions of this Division 3. In applying these latter
sections, the new village shall be considered as an annexing or enlarged
annexing municipality, or as annexed territory, as the case may be, and the
old municipality from which the new village is formed shall be considered
as a divided municipality, or as a municipality from which territory has
been disconnected for annexation, as the case may be.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-3-18) (from Ch. 24, par. 2-3-18)
Sec. 2-3-18.
In any county of between 150,000 and 1,000,000 population which has
adopted an official plan under "An Act to provide for regional planning and
for the creation, organization and powers of regional planning
commissions", approved June 25, 1929, as amended, the county board, by
resolution, may provide that before the question of incorporating a village
under this Division is submitted to the electors in response to a petition
filed under Section 2-3-5 or 2-3-10 the county board must first determine
that (1) the proposed incorporation is compatible with the official plan
for the development of the county, and (2) the lands described in the
petition as intended to be embraced in the village constitute a sufficient
tax base as will insure the ability of the village to provide all necessary
municipal services to its inhabitants. When such a resolution is in effect,
the court in which such a petition is filed shall first require a showing
that those determinations have been made by the county board. If no such
showing is made, the court shall deny the petition. If such a showing is
made, the court shall proceed as provided in Section 2-3-6 or 2-3-11, as
the case may be.
(Source: P.A. 76-676.)
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(65 ILCS 5/2-3-19) (from Ch. 24, par. 2-3-19)
Sec. 2-3-19.
Each boundary of the municipality shall extend to the far
side of any adjacent highway not included in any other municipality
and shall include all of every highway within the area incorporated. These
highways shall be considered to be incorporated even though not included in
the legal description set forth in the petition for incorporation. When
any land proposed to be incorporated includes any highway under the
jurisdiction of any township, the township commissioner of highways and
the board of town trustees shall be notified in writing by certified or
registered mail before any court hearing or other action is taken for
incorporation. If any municipality has been incorporated before January 1,
1986 and the legal description in the petition for incorporation did not
include an adjacent highway, any such incorporation shall be valid and every
highway adjacent to the area incorporated and not included in any other
municipality shall be considered to be incorporated,
notwithstanding the failure of the petition to incorporate to include the
description of the adjacent highway.
(Source: P.A. 85-293.)
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(65 ILCS 5/Art. 2 Div. 4 heading) DIVISION 4.
CHANGING NAME
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(65 ILCS 5/2-4-1) (from Ch. 24, par. 2-4-1)
Sec. 2-4-1.
Whenever a petition, signed by electors of any municipality,
numbering at least one-half of those who voted for the officers therein at
the last election, is presented to the corporate authorities of any
municipality wherein the petitioners reside, requesting that the name of
the municipality be changed, the corporate authorities shall proceed as
follows.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-4-2) (from Ch. 24, par. 2-4-2)
Sec. 2-4-2.
Before action is had upon such petition, the name proposed to
be given to such municipality shall be filed with the Secretary of State.
After the proposed name has been on file for 60 days and it appears from
information in his office that the proposed name has not been adopted by
any municipality the Secretary of State shall grant a certificate so
stating. If the proposed name is the same as the name of another
municipality in Illinois, the Secretary of State shall inform the
petitioners thereof. Thereupon, the petitioners may file another proposed
name with the Secretary of State and they may proceed in the manner set
forth in this section. Corporate authorities shall not act upon such
petition until the Secretary of State has issued such certificate.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-4-3) (from Ch. 24, par. 2-4-3)
Sec. 2-4-3.
The Secretary of State shall keep in his office a file in
alphabetical order of the municipalities in Illinois. This file of names
shall be changed to accord with any change of names made under this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-4-4) (from Ch. 24, par. 2-4-4)
Sec. 2-4-4.
The corporate authorities shall fix the time when such petition
shall be considered, and publish a notice thereof at least once, not more
than 30 nor less than 15 days before the hearing, 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 notice shall state that
a change of the name of the municipality has been requested, the time when
action on the petition will be taken, and that remonstrances, if any, will
be heard at that time.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-4-5) (from Ch. 24, par. 2-4-5)
Sec. 2-4-5.
Such corporate authorities shall hold a hearing on such
petition and all remonstrances thereto, at the time fixed in such notice,
or at any subsequent meeting of the corporate authorities if, for any
reason, action on the petition is not taken at the time fixed. If the
corporate authorities are satisfied that a change of name is desirable,
they shall make an order changing the name and adopting the name requested
in the petition.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-4-6) (from Ch. 24, par. 2-4-6)
Sec. 2-4-6.
If a change of name is made, the corporate authorities shall
file a copy of the order making the change with the Secretary of State.
The Secretary of State
shall publish a notice of the change 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 courts shall take
judicial notice of the change of name.
(Source: P.A. 90-372, eff. 7-1-98.)
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(65 ILCS 5/2-4-7) (from Ch. 24, par. 2-4-7)
Sec. 2-4-7.
No rights, duties, or privileges of such municipality, or those
of any person, existing before the change of name, shall be affected by a
change of name as provided by this Code. All proceedings pending in any
court in favor of or against such municipality, may continue to final
consummation under the name in which they were commenced.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-4-8) (from Ch. 24, par. 2-4-8)
Sec. 2-4-8.
If the name of any municipality is changed without complying
with this Code, nevertheless, all proceedings instituted or acts done under
the name as changed shall be valid if they would have been valid if done
under the old name.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/2-4-9) (from Ch. 24, par. 2-4-9)
Sec. 2-4-9.
Upon petition of a majority of the electors residing within any
unincorporated town or unincorporated village, the circuit court of the
county within which such town or village is situated, at any regular term,
may change the name of such town or village after, (1) the plat of such
town or village has been filed with the recorder in the specified
county, and (2) there has been a compliance with the provisions of Section
2-4-2.
(Source: P.A. 83-358.)
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(65 ILCS 5/Art. 3 heading) ARTICLE 3
OFFICERS
(Repealed by P.A. 87-1119)
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(65 ILCS 5/Art. 3.1 heading) ARTICLE 3.1.
OFFICERS
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(65 ILCS 5/Art. 3.1 Div. 5 heading) DIVISION 5.
APPLICATION OF ARTICLE
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(65 ILCS 5/3.1-5-5) (from Ch. 24, par. 3.1-5-5)
Sec. 3.1-5-5.
Application of Article.
This Article 3.1 applies to all
officers elected or appointed under this Article and Articles 4 and 5,
unless provided otherwise. If there is a conflict between any
provision in this Article 3.1 and any provision in Article 4 or Article 5,
the provision in Article 4 or 5,
as the case may be, shall control.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 3.1 Div. 10 heading) DIVISION 10.
GENERAL PROVISIONS
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(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
Sec. 3.1-10-5. Qualifications; elective office.
(a) A person is not eligible for an elective municipal office unless that
person is a qualified elector of the municipality and has resided in the
municipality at least
one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
(b) A person is not eligible to take the oath of office for a municipal office if that person is, at the time required for taking the oath of office, in arrears in the payment of a tax or other indebtedness due to the municipality or
has been convicted in any court located in the United States of any infamous
crime,
bribery, perjury, or other felony, unless such person is again restored to his or her rights of citizenship that may have been forfeited under Illinois law as a result of a conviction, which includes eligibility to hold elected municipal office, by the terms of a pardon for the offense, has received a restoration of rights by the Governor, or otherwise according to law. Any time after a judgment of conviction is rendered, a person convicted of an infamous crime, bribery, perjury, or other felony may petition the Governor for a restoration of rights. The changes made to this subsection by this amendatory Act of the 102nd General Assembly are declarative of existing law and apply to all persons elected at the April 4, 2017 consolidated election and to persons elected or appointed thereafter.
(b-5) (Blank). (c) A person is not eligible for the office of alderperson
of a ward unless that person has resided
in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the
municipality, at least one year next
preceding the election or appointment, except
as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
(d) If a person (i) is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse, (ii) resides anywhere outside of the municipality during that active duty military service, and (iii) immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-10-6)
Sec. 3.1-10-6.
Qualifications; appointive office.
(a) No person shall be eligible for any appointive municipal office
unless that person is a qualified elector of the municipality or otherwise
provided by law.
(b) The residency requirements do not apply, however, to municipal
engineers, health officers, attorneys, or other officers who require
technical training or knowledge, to appointed village treasurers,
to appointed village clerks, or to appointed city or village collectors
(unless the city or village has
designated by ordinance that the city or village clerk shall also hold the
office of collector).
(c) Except for incorporated towns that have superseded a civil township,
municipalities having a population of not more than 500,000 may adopt
ordinances that allow firemen and policemen to reside outside of the
corporate limits of the municipality by which they are employed both at the
time of appointment and while serving as a fireman or policeman.
(Source: P.A. 92-354, eff. 8-15-01.)
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(65 ILCS 5/3.1-10-10) (from Ch. 24, par. 3.1-10-10)
Sec. 3.1-10-10.
Application of general election law.
The general
election law applies to the scheduling, manner of
conducting, voting at, and contesting of municipal elections.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-15) (from Ch. 24, par. 3.1-10-15)
Sec. 3.1-10-15. Commencement of terms. The terms of elected municipal
officers shall commence at the first regular
or special meeting of the corporate authorities after receipt of the official election results from the county clerk of the regular municipal election
at which the officers were elected, except as otherwise provided
by ordinance fixing the date for inauguration of newly elected officers
of a municipality. The ordinance shall not, however, fix the time for
inauguration of newly elected officers later than the first regular or special
meeting of the corporate authorities in the month of June
following the
election.
(Source: P.A. 95-245, eff. 8-17-07.)
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(65 ILCS 5/3.1-10-17) Sec. 3.1-10-17. Term limits. (a) The imposition of term limits by referendum, ordinance, or otherwise must be prospective. Elective office held prior to the effective date of any term limit imposed by a municipality shall not prohibit a person otherwise eligible from running for or holding elective office in that municipality. Term limits imposed in a manner inconsistent with this Section remain valid prospectively, but are invalid as they apply to service prior to the enactment of the term limits. (b) The imposition of term limits by referendum, ordinance, or otherwise shall only apply to terms for the same office or that category of municipal office. Term limits imposed in a manner inconsistent with this subsection are invalid as they apply to service in other categories of municipal offices. (c) A home rule unit may not regulate term limits in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (d) This Section applies to all term limits imposed by a municipality by referendum, ordinance, or otherwise passed on or after November 8, 2016.
(Source: P.A. 101-114, eff. 7-19-19.) |
(65 ILCS 5/3.1-10-20) (from Ch. 24, par. 3.1-10-20)
Sec. 3.1-10-20.
Results; ties.
The person with the highest number of
votes for an office is the person elected to that office. In case of a tie
vote,
the candidate who shall hold the office shall be
determined under the general election law.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-25) (from Ch. 24, par. 3.1-10-25)
Sec. 3.1-10-25.
Oath or affirmation.
Before entering upon the duties of
their respective offices, all municipal officers, whether elected or appointed,
shall take and subscribe the oath or affirmation required by the Illinois
Constitution. The subscribed oath or affirmation shall be filed in the office
of the municipal clerk.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-30) (from Ch. 24, par. 3.1-10-30)
Sec. 3.1-10-30. Bond. Before entering upon the duties of their
respective offices, all
municipal officers, except alderpersons and trustees, shall execute a bond with
security, to be approved by the corporate authorities. The bond shall be
payable to the municipality in the penal sum directed by
resolution or ordinance, conditioned upon the faithful performance of the
duties of the office and the payment of all money received by the officer,
according to law and the ordinances of that municipality. The bond
may provide that the obligation of the sureties shall not extend to any
loss sustained by the insolvency, failure, or closing of any bank or savings
and loan association organized
and operating either under the laws of the State of Illinois or the United
States in which the officer has placed funds in the officer's custody, if the
bank
or savings and loan association has been approved by the corporate authorities
as a depository for those
funds. In no case, however, shall the mayor's bond be fixed at less than
$3,000. The treasurer's bond shall be an amount of money that is not less
than 3 times the latest Federal census population or any subsequent
census figure used for Motor Fuel Tax purposes. Bonds shall be filed
with the municipal clerk, except the bond of the clerk, which shall be
filed with the municipal treasurer.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-10-35) (from Ch. 24, par. 3.1-10-35)
Sec. 3.1-10-35.
Duty to successor.
Within 5 days after written notification
and request, a person who has been an officer of a municipality shall deliver
to the successor in office all property, books, and effects in the former
officer's possession, belonging to the municipality. A former officer who
violates this Section is liable for all the damages caused by the violation and
is subject to the penalty prescribed by ordinance.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-40) (from Ch. 24, par. 3.1-10-40)
Sec. 3.1-10-40.
Additional duties.
Every officer shall perform
duties in addition to those which may be prescribed by law, and be subject to
other
rules and regulations, as the corporate authorities may provide by ordinance.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-45) (from Ch. 24, par. 3.1-10-45)
Sec. 3.1-10-45.
Appointment of subordinates.
The municipal
comptroller (if there is one), municipal clerk, municipal treasurer, and city
collector, severally, shall appoint the various clerks and subordinates in
their respective offices authorized by the corporate authorities. Those
officers shall be held responsible, severally, for the fidelity of all persons
so appointed by them. This power, however, is subject to the provisions of
Division 1 of Article 10. The power of municipal clerks is also subject to the
provisions of Section 3.1-30-10.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Events upon which an elective office becomes vacant in municipality with population under 500,000.
(a) Vacancy by resignation. A resignation is not effective unless it is in
writing, signed by the person holding the elective office, and notarized.
(1) Unconditional resignation. An unconditional | ||
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(2) Conditional resignation. A resignation that does | ||
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(3) Vacancy upon the effective date. For the purpose | ||
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(4) Duty of the clerk. If a resignation is delivered | ||
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(b) Vacancy by death or disability. A vacancy occurs in an office by reason
of the death of the incumbent. The date of the death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent physical or
mental disability rendering the person incapable of performing the duties of the office.
The corporate authorities have the authority to make the determination whether an officer is incapable of performing the duties of the office because of a permanent physical or mental disability. A finding of mental disability shall not be made prior to the appointment by a court of a guardian ad litem for the officer or until a duly licensed
doctor certifies, in writing, that the officer is mentally impaired to the extent that the
officer is unable to effectively perform the duties of the office. If the corporate
authorities find that an officer is incapable of performing the duties of the office due to permanent
physical or mental disability, that person is removed from the office and the vacancy of the office occurs on the date of the determination. (c) Vacancy by other causes. (1) Abandonment and other causes. A vacancy occurs in | ||
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(2) Guilty of a criminal offense. An admission of | ||
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(3) Election declared void. A vacancy occurs on the | ||
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(4) Owing a debt to the municipality. A vacancy | ||
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(A) Before a vacancy may occur under this | ||
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(B) In the event that the municipal official | ||
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(C) Upon the conclusion of the hearing, the | ||
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(D) A municipal official aggrieved by the | ||
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(E) If a municipal official chooses to pay the | ||
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(F) A municipal official will be disqualified and | ||
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(G) For purposes of this paragraph, a "debt" | ||
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(d) Election of an acting mayor or acting president. The election of an acting mayor or acting president pursuant to subsection (f) or (g) does not create a vacancy in the original office of the person on the city council or as a trustee, as the case may be, unless the person resigns from the original office following election as acting mayor
or acting president. If the person resigns from the original office following
election as acting mayor or acting president, then the original office must be filled pursuant to the terms of this Section and the acting mayor or acting president shall
exercise the powers of the mayor or president and shall vote and have veto power in the manner provided by law for a mayor or president. If the person does not resign from
the original office following election as acting mayor or acting president, then the
acting mayor or acting president shall exercise the powers of the mayor or president but shall be entitled to vote only in the manner provided for as the holder of the original office and shall not have the power to veto. If the person does not resign from the
original office following election as acting mayor or acting president, and if that person's original term of office has not expired when a mayor or president is elected and has
qualified for office, the acting mayor or acting-president shall return to the original office for the remainder of the term thereof. (e) Appointment to fill alderperson or trustee vacancy. An appointment by the
mayor or president or acting mayor or acting president, as the case may be, of a qualified person as described in Section 3.1-10-5 of this Code to fill a vacancy in the office of alderperson or trustee must be made within 60 days after the vacancy occurs. Once the appointment of the qualified person has been forwarded to the corporate
authorities, the corporate authorities shall act upon the appointment within 30 days. If the appointment fails to receive the advice and consent of the corporate authorities within 30 days, the mayor or president or acting mayor or acting president shall appoint and forward to the corporate authorities a second qualified person as described in Section 3.1-10-5. Once the appointment of the second qualified person has been
forwarded to the corporate authorities, the corporate authorities shall act upon the
appointment within 30 days. If the appointment of the second qualified person also fails to receive the advice and consent of the corporate authorities, then the mayor or president or acting mayor or acting president, without the advice and consent of the corporate authorities, may make a temporary appointment from those persons who were appointed but whose appointments failed to receive the advice and consent of the corporate authorities. The person receiving the temporary appointment shall serve until an appointment has received the advice and consent and the appointee has qualified or until a person has been elected and has qualified, whichever first occurs. (f) Election to fill vacancies in municipal offices with 4-year terms. If a vacancy occurs in an elective municipal office with a 4-year term and there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before
the general municipal election next scheduled under the general election law, then the vacancy shall be filled for the remainder of the term at that general municipal election. Whenever
an election is held for this purpose, the municipal clerk shall certify the office to be filled and the candidates for the office to the proper election authorities as provided in the general election law. If a vacancy occurs with less than 28 months remaining in the
unexpired portion of the term or less than 130 days before the general municipal election, then: (1) Mayor or president. If the vacancy is in the | ||
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(2) Alderperson or trustee. If the vacancy is in the | ||
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(3) Other elective office. If the vacancy is in any | ||
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(g) Vacancies in municipal offices with 2-year terms. In the case of an elective municipal office with a 2-year term, if the vacancy occurs at least 130 days before the general municipal election next scheduled under the general election law, the vacancy shall be filled for the remainder of the term at
that general municipal election. If the vacancy occurs less than 130 days before the general municipal election, then: (1) Mayor or president. If the vacancy is in the | ||
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(2) Alderperson or trustee. If the vacancy is in the | ||
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(3) Other elective office. If the vacancy is in any | ||
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(h) In cases of vacancies arising by reason of an election being declared void pursuant to paragraph (3) of subsection (c), persons holding elective office prior thereto shall hold
office until their successors are elected and qualified or appointed and confirmed by advice and consent, as the case may be.
(i) This Section applies only to municipalities with populations under 500,000.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-10-51) Sec. 3.1-10-51. Vacancies in municipalities with a population of 500,000 or more. (a) Events upon which an elective office in a municipality of 500,000 or more shall become vacant: (1) A municipal officer may resign from office. A | ||
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(2) An admission of guilt of a criminal offense that | ||
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(3) Owing a debt to the municipality. A vacancy | ||
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(A) Before a vacancy may occur under this | ||
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(B) In the event that the municipal official | ||
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(C) Upon the conclusion of the hearing, the | ||
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(D) A municipal official aggrieved by the | ||
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(E) If a municipal official chooses to pay the | ||
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(F) A municipal official will be disqualified and | ||
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(G) For purposes of this paragraph, a "debt" | ||
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(b) If a vacancy occurs in an elective municipal office with a 4-year term and
there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before the general municipal election next scheduled under the general election law, then the vacancy shall be filled for the remainder of the term at that
general municipal election. Whenever an election is held for this purpose, the municipal
clerk shall certify the office to be filled and the candidates for the office to the proper
election authorities as provided in the general election law. If the vacancy is in the office
of mayor, the city council shall elect one of their members acting mayor. The acting mayor shall perform the duties and possess all the rights and powers of the mayor until a successor to fill the vacancy has been elected and has qualified. If the
vacancy is in any other elective municipal office, then until the office is filled by election,
the mayor shall appoint a qualified person to the office subject to the advice
and consent of the city council. (c) If a vacancy occurs later than the time provided in subsection (b) in a 4-year term, a vacancy in the office of mayor shall be filled by the corporate authorities electing one of their members acting mayor. The acting mayor shall perform the duties and possess all the rights and powers of the mayor until a mayor is elected at the next general municipal election and has qualified. A vacancy occurring later than the time provided in subsection (b) in a 4-year term in any elective office other than mayor shall be filled by appointment by the mayor, with the advice and consent of the corporate authorities.
(d) A municipal officer appointed or elected under this Section shall hold office
until the officer's successor is elected and has qualified. (e) An appointment to fill a vacancy in the office of alderperson shall be made within 60 days after the vacancy occurs. The requirement that an appointment be made
within 60 days is an exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of the power of a home rule municipality to require that an appointment be made within a different period after the vacancy occurs. (f) This Section applies only to municipalities with a population of 500,000 or more.
(Source: P.A. 102-15, eff. 6-17-21.) |
(65 ILCS 5/3.1-10-55) (from Ch. 24, par. 3.1-10-55)
Sec. 3.1-10-55.
Quorum to fill vacancies.
If there is a vacancy in an
elective office and, for any reason, there is not a quorum in office of the
corporate authorities, appointments to fill vacancies may be made or confirmed
by a majority of the corporate authorities holding office at the time the
appointment is made or confirmed.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-60) (from Ch. 24, par. 3.1-10-60)
Sec. 3.1-10-60. Interim appointments to vacancies. If a municipality
has no mayor or president, no clerk, and no alderpersons or trustees, the circuit
court may, upon petition signed by at least 100 electors or 10% of the electors
of the municipality, whichever is less, make interim appointments to fill all
vacancies in the elective offices of the municipality from among persons whose
names are submitted by the petition or petitions. The interim appointees shall
serve until the next regularly scheduled election under the general election
law occurring not less than 120 days after all the offices have become vacant.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)
Sec. 3.1-10-65. Referendum to reduce terms.
(a) In any municipality of less than 500,000 inhabitants, a
proposition to reduce the terms of the elective officers of the
municipality from 4 years to 2 years may be submitted, within the discretion of
the corporate authorities, to the electors of the municipality. The
proposition shall also be submitted if a petition requesting that action is
signed by electors of the municipality numbering not less than 10% of
the total vote cast at the last election for mayor or president of the
municipality and the petition is filed with the municipal clerk and
certified in accordance with the general election law. The proposition shall be
substantially in the following form:
Shall the term of the elective officers of (name of | ||
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(b) If a majority of the electors voting on the proposition vote
against it, the terms of the officers shall remain 4 years. If, however,
a majority of those voting on the proposition vote in favor of it, the
officers elected at the next regular election for officers in the
municipality shall hold their offices for a term of 2 years and until
their successors are elected and have qualified, except in the case of
trustees and alderpersons. In the case of alderpersons and trustees:
(i) at the first election of alderpersons or trustees that occurs in
an odd numbered year following the vote to reduce the length of terms,
successors to alderpersons or trustees whose terms expire in that year shall
be elected for a term of one year and until their successors are elected
and have qualified and (ii) thereafter, one-half of the alderpersons or
trustees shall be elected each year for terms of 2 years and until their
successors are elected and have qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-10-70) (from Ch. 24, par. 3.1-10-70)
Sec. 3.1-10-70.
Elections for reduced 2 year terms.
In municipalities
that have provided for a 2 year term for elective officers
under Section 3.1-10-65, the first election for municipal officers
shall be held at the next general municipal election following the referendum
at which the terms of the elective officers were reduced. In those
municipalities,
general elections shall be held annually thereafter.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)
Sec. 3.1-10-75. Referendum to lengthen terms.
(a) In any municipality of
less than 500,000 inhabitants
that, under Section 3.1-10-65, has voted to shorten the terms of
elective officers, a proposition to lengthen the terms of the elective
officers of the municipality from 2 years to 4 years may be submitted,
within the discretion of the corporate authorities, to the electors of
the municipality.
The proposition shall be certified by the municipal clerk to the appropriate
election authorities, who shall submit the proposition at an election in
accordance
with the general election law. The proposition shall also be submitted at
an election if a petition requesting that action
is signed by electors of the municipality numbering not less than 10% of
the total vote cast at the last election for mayor or president of the
municipality and the petition is filed with the municipal clerk.
The proposition shall be substantially in the
following form:
Shall the term of the elective officers of (name of | ||
| ||
(b) If a majority of the electors voting on the proposition vote
against it, the terms of the officers shall remain 2 years. If, however,
a majority of those voting on the proposition vote in favor of it, the
officers elected at the next regular election for officers in the
municipality shall hold their offices for a term of 4 years and until
their successors are elected and have qualified, except in the case of
trustees and alderpersons. In the case of alderpersons and trustees:
(i) if the first election for alderpersons or trustees, after
approval of the proposition, occurs in an even numbered year, the alderpersons
or trustees elected in that even numbered year shall serve for
terms of 3 years and until their successors are elected and have qualified, the
terms for successors to those elected at the first even numbered year
election shall be 4 years and until successors are elected and have qualified,
the alderpersons or trustees elected at the first odd numbered year election
next following the first even numbered year election shall serve for
terms of 4 years and until successors are elected and have qualified, and
successors elected after the first odd numbered year shall also serve 4
year terms and until their successors are elected and have qualified and (ii) if
the first election for alderpersons or trustees, after approval of the
proposition, occurs in an odd numbered year, the alderpersons or trustees
elected in that odd numbered year shall serve for terms of 4 years and
until their successors are elected and have qualified, the terms for successors
to those elected at the first odd numbered year election shall be for 4
years and until successors are elected and have qualified, the alderpersons or
trustees elected at the first even numbered year election next following
the first odd numbered year election shall serve for terms of one year
and until their successors are elected and have qualified, and the terms for
successors to those elected at the first odd numbered year election
shall be 4 years and until their successors are elected and have qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/Art. 3.1 Div. 15 heading) DIVISION 15.
ELECTED OFFICERS GENERALLY
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(65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
Sec. 3.1-15-5. Officers to be elected. In all cities incorporated
under this Code there shall be elected a mayor, alderpersons, a city clerk, and a
city treasurer (except in the case of a city of 10,000 or fewer inhabitants
that, by ordinance, allows for the appointment of a city treasurer by the
mayor, subject to the advice and consent of the city council). In all villages
and incorporated towns, there shall be elected a president, trustees, and a
clerk, except as otherwise provided in this Code.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-15-10) (from Ch. 24, par. 3.1-15-10)
Sec. 3.1-15-10.
Mayor; president.
The chief executive officer of a
city shall be a mayor. The chief executive officer of a village shall be a
village president, who may also be called a mayor. The chief executive
officer of an incorporated town shall be a president, who may also be
called a mayor. The chief executive officer shall hold office for 4 years
and until a successor is elected and
has qualified, except in municipalities that have adopted a 2 year term as
provided in Section 3.1-10-65 and except in a village or incorporated town
that, before January 1, 1942, has adopted a 2 year term for the chief
executive officer.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-15-15) (from Ch. 24, par. 3.1-15-15)
Sec. 3.1-15-15. Holding other offices. A mayor, president, alderperson, trustee, clerk, or
treasurer shall not hold
any other office under the municipal government during
the term of that office, except when the officer is granted a leave of absence
from that office or
except as otherwise provided in Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1.
Moreover, an officer may serve as a volunteer fireman and receive compensation
for
that service.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-15-20) (from Ch. 24, par. 3.1-15-20)
Sec. 3.1-15-20.
Administering oaths.
The mayor of a city, the
president of a village or
incorporated town, the clerk, the chairman of a plan commission, and the
chairman of a zoning board of appeals of a municipality have power to
administer oaths and affirmations on all lawful occasions. The corporate
authorities by ordinance may authorize other municipal officers to
administer oaths.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
Sec. 3.1-15-25. Conservators of the peace; service of warrants.
(a) After receiving a certificate attesting to the successful completion
of
a training course administered by the Illinois Law Enforcement Training
Standards Board, the mayor, alderpersons,
president, trustees, marshal, deputy
marshals, and policemen in municipalities shall be conservators
of the peace. Those persons and others authorized by
ordinance shall have power (i) to arrest or cause to be arrested, with or
without process, all persons who break the peace or are found violating
any municipal ordinance or any criminal law of the State, (ii) to commit
arrested persons for examination, (iii) if necessary, to detain arrested
persons in custody over night or Sunday in any safe place or until they
can be brought before the proper court, and (iv) to exercise all other
powers as conservators of the peace prescribed by the corporate authorities.
(b) All warrants for the violation of municipal ordinances or the State
criminal law, directed to any person, may be served and executed within the
limits of a municipality by any policeman or marshal of the
municipality. For that purpose, policemen and marshals have all the
common law and statutory powers of sheriffs.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-15-30) (from Ch. 24, par. 3.1-15-30)
Sec. 3.1-15-30. Minority representation.
(a) Whenever the question of
incorporation as a city under
this Code is submitted for adoption to the electors of any territory,
village, incorporated town, or city under special charter, there may be
submitted at the same time for adoption or rejection the question of
minority representation in the city council. The proposition shall be
in the following form:
Shall minority representation in the city council be | ||
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(b) If a majority of the votes cast on the question at any election are
for minority representation in the city council, the members of the city
council, except as otherwise provided, thereafter shall be elected as
provided in Section 3.1-15-35.
(c) The city council, at least 30 days before the first day fixed
by law for the filing of candidate petitions for the next general municipal
election, shall apportion the city by dividing its population,
as ascertained by an official publication of any national,
state, school, or city census, by any number not less than 2 nor more
than 6. The quotient shall be the ratio of representation in the city
council. Districts shall be formed of contiguous and compact territory
and contain, as near as practicable, an equal number of inhabitants.
(d) If a majority of the votes cast on the question at any election are
against minority representation in the city council, the members of the
city council shall be elected as otherwise provided in this Code.
(e) At any time after the incorporation of a city under this
Code, on petition of electors equal in number to one-eighth the number
of legal votes cast at the next preceding general municipal election,
the city clerk shall certify
the question of the adoption or
retention of minority representation to the proper election authority
for submission to the electors of that city. The proposition
shall be in the same form as provided in this Section, except
that the word "retained" shall be substituted for the word "adopted"
when appropriate. A question of minority representation, however, shall not be
submitted more than once within 32 months.
(f) If the city council of any city adopting minority representation
as provided in this Section has not fixed a ratio of representation and
formed the districts by the time specified in this Section, those acts
may be done by any later city council. All official acts
done and ordinances passed by a city council
elected at large by the electors of a city that has adopted a
minority representation plan shall be as valid and binding as if the alderpersons
had been elected from districts.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-15-35) (from Ch. 24, par. 3.1-15-35)
Sec. 3.1-15-35. Alderpersons under minority representation plan. Every
district under a minority representation plan shall be entitled to 3 alderpersons. Alderpersons
shall hold their offices for 4 years and until their successors have
been elected and qualified, except in cities that have adopted a 2 year term
under Section 3.1-10-65. There shall be elected in each district as many alderpersons
as the district is entitled to. In all of these elections for alderpersons, each elector may cast as many votes as there are alderpersons to be
elected in the elector's district, or may distribute his or her votes, or equal
parts of the votes, among the candidates as the elector sees fit. The candidate
highest in votes is elected if only one alderperson is elected; the candidates
highest and next highest in votes are elected if only 2 alderpersons are elected;
and the 3 highest candidates in votes are elected when 3 alderpersons are elected.
Vacancies shall be filled as provided in Sections 3.1-10-50 and 3.1-10-55 by
either interim election or appointment. An appointment to fill a vacancy shall
be made within 60 days after the vacancy occurs. The requirement that an
appointment be made within 60 days is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section 6, subsection
(h) of the Illinois Constitution of the power of a home rule municipality to
require that an appointment be made within a different period after the vacancy
occurs.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)
Sec. 3.1-15-40. Staggered elections under minority plans. In all
cities
that adopt or have adopted the minority representation plan for the
election of alderpersons and have
not already staggered the terms of their alderpersons, the city council may
provide by ordinance that at any ensuing general municipal election
for city officers the alderpersons in every alternate district shall be elected
for one term of 2 years and, at the expiration of that term of 2 years,
for regular terms of 4 years. This Section does not prohibit a city from
voting in favor of a 2 year term for city officers as provided in Section
3.1-10-65. The provisions of the general election law shall govern elections
under this Section.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/Art. 3.1 Div. 20 heading) DIVISION 20.
ELECTED CITY OFFICERS
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(65 ILCS 5/3.1-20-5) (from Ch. 24, par. 3.1-20-5)
Sec. 3.1-20-5.
Clerk and treasurer.
The city clerk and the city treasurer
shall be elected at the same time that the mayor is elected, except in the case
of an election to fill a mayoral vacancy and except in the case of a city
having 10,000 or fewer inhabitants in which, by ordinance, the position of city
treasurer is an appointed position. If a vacancy occurs in the office of city
clerk or city treasurer, it shall be filled by the mayor with the advice and
consent of the city council. The person so appointed shall hold office for the
unexpired term of the officer elected.
(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
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(65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
Sec. 3.1-20-10. Alderpersons; number.
(a) Except as otherwise provided in this
Section, Section 3.1-20-20, or as otherwise provided in the case of alderpersons-at-large,
the number of alderpersons, when not elected by the minority
representation plan, shall be determined using the most recent federal decennial census results as follows: (1) in cities not exceeding 3,000 inhabitants, 6 | ||
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(2) in cities exceeding 3,000 but not exceeding | ||
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(3) in cities exceeding 15,000 but not exceeding | ||
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(4) in cities exceeding 20,000 but not exceeding | ||
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(5) in cities exceeding 50,000 but not exceeding | ||
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(6) in cities exceeding 70,000 but not exceeding | ||
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(7) in cities exceeding 90,000 but not exceeding | ||
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(b) Instead of the number of alderpersons set forth in subsection (a), a
municipality with 15,000 or more inhabitants may adopt, either by ordinance
or by resolution, not more than one year after the municipality's receipt of the new federal decennial census
results, the following number of alderpersons: in cities exceeding 15,000 but not
exceeding 20,000, 8 alderpersons; exceeding 20,000 but not
exceeding 50,000, 10 alderpersons; exceeding 50,000 but not exceeding 70,000, 14 alderpersons; exceeding 70,000 but not exceeding 90,000, 16 alderpersons; and exceeding
90,000 but not exceeding 500,000, 18 alderpersons.
(c) Instead of the number of alderpersons set forth in subsection (a), a
municipality with 40,000 or more inhabitants may adopt, either by ordinance
or by resolution, not more than one year after the municipality's receipt of the new federal decennial census
results, the following number of alderpersons: in cities exceeding 40,000 but
not exceeding 50,000, 16 alderpersons.
(d) If, according to the most recent federal decennial census results, the population of a municipality increases or decreases under this Section, then the municipality may adopt an ordinance or resolution to retain the number of alderpersons that existed before the most recent federal decennial census results. The ordinance or resolution may not be adopted more than one year after the municipality's receipt of the most recent federal decennial census results. (Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-20-15) (from Ch. 24, par. 3.1-20-15)
Sec. 3.1-20-15. Division into wards. Except as otherwise provided in
Section 3.1-20-20, every city shall
have one-half as many wards as the total number of alderpersons to which the
city is entitled. The city council, from time to time, shall divide the city
into that number of wards.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-20-20) (from Ch. 24, par. 3.1-20-20)
Sec. 3.1-20-20. Alderpersons; restrict or reinstate number.
(a) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of alderpersons to one-half of the total
authorized by Section 3.1-20-10, with one alderperson representing each ward,
shall be certified by the city clerk to the proper election authorities,
who shall submit the proposition at an election in accordance with the general
election law, if a petition requesting that action
is signed by electors of the city numbering not less than 10% of the
total vote cast at the last election for mayor of the city and the petition
is filed with the city clerk.
The proposition shall be substantially in the
following form:
Shall (name of city) restrict the number of | ||
| ||
If a majority of those voting on the proposition vote in favor of
it, all existing terms of alderpersons shall expire as of the date of the
next regular election of alderpersons, at which time a full complement of alderpersons
shall be elected for the full term.
(b) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of alderpersons to
one alderperson per ward, with one alderperson representing each ward,
plus an additional number of alderpersons not to exceed the number of
wards in the city to be elected at large, shall be certified by the city
clerk to the proper election authorities,
who shall submit the proposition at an election in accordance with the general
election law, if a petition requesting that action
is signed by electors of the city numbering not less than 10% of the
total vote cast at the last election for mayor of the city and the petition
is filed with the city clerk.
The proposition shall be substantially in the
following form:
Shall (name of city) restrict the number of | ||
| ||
If a majority of those voting on the proposition vote in favor of
it, all existing terms of alderpersons shall expire as of the date of the
next regular election of alderpersons, at which time a full complement of alderpersons
shall be elected for the full term.
(c) In a city of less than 100,000 inhabitants where a proposition
under subsection (a) or (b) has been successful, a proposition to reinstate the
number of alderpersons in accordance with Section 3.1-20-10 shall be certified by
the city clerk to the proper election authorities, who shall submit the
proposition at an election in accordance with the general election law, if a
petition requesting that action has been signed by electors of the city
numbering not less than 10% of the total vote cast at the last election for
mayor of the city and the petition has been filed with the city clerk.
The election authority must submit the proposition in substantially
the following form:
Shall (name of city) reinstate the number of | ||
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The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the proposition vote in the
affirmative, then, if the restriction in the number of alderpersons has taken
effect, all existing terms of alderpersons shall expire as of the date of the next
regular election of alderpersons, at which time a full complement of alderpersons shall
be elected for the full term and thereafter terms shall be determined in
accordance with Section 3.1-20-35.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
Sec. 3.1-20-22. Alderpersons; staggered terms. In any city of less than
100,000 inhabitants, a
proposition to stagger the terms of alderpersons, with as nearly as possible
one-half of the alderpersons elected every 2 years, shall be certified by the
city clerk to the proper election authority, who shall submit the
proposition at an election in accordance with the general election law, if
a petition requesting that action is signed by electors of the city
numbering at least 10% of the total vote cast at the last election for mayor of
the
city and is filed with the city clerk.
The ballot shall have printed on it, but not as a part of the
proposition submitted, the following information for voters: one alderperson
elected from each even-numbered ward shall serve a term of 2 years; one alderperson
elected from each odd-numbered ward shall serve a term of 4 years.
The proposition shall be substantially in the following form:
Shall (name of city) adopt a system of staggered | ||
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If a majority of those voting on the proposition vote in favor of it, then at
the next regular election for alderpersons one alderperson shall be elected from
each even-numbered ward for a term of 2 years and one alderperson shall be
elected from each odd-numbered ward for a term of 4 years. Thereafter,
their successors shall be elected for terms of 4 years.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
Sec. 3.1-20-25. Redistricting a city.
(a) In the formation of wards, the number of
inhabitants of the city
immediately preceding the division of the city into wards shall be
as nearly equal in population, and the wards shall be of as compact and
contiguous territory, as practicable. Wards shall be created in a
manner so that, as far as practicable, no precinct shall be divided between
2 or more wards.
(b) Whenever an official
decennial census shows that a city contains more or fewer wards than it is
entitled to, the city council of the city, by ordinance, shall redistrict
the city into as many wards as the city is entitled. This
redistricting shall be completed not less than 30 days before the first day
set by the general election law for the filing of candidate petitions for
the next succeeding election for city officers. At this election there
shall be elected the number of alderpersons to which the city is entitled,
except as provided in subsection (c).
(c) If it appears from any official decennial census
that it is necessary to redistrict under subsection (b) or for any other reason, the city council shall
immediately proceed to redistrict the city
and shall hold the next city election in
accordance with the new redistricting. At this election the alderpersons whose
terms of office are not expiring shall be considered alderpersons for the new
wards respectively in which their residences are situated. At this election, in a municipality that is not a newly incorporated municipality, a candidate for alderperson may be elected from any ward that contains a part of the ward in which he or she resided at least one year next preceding the election that follows the redistricting,
and, if elected, that person may be reelected from the new ward he or she represents if he or she
resides in that ward for at least one year next preceding reelection. If there are 2
or more alderpersons with terms of office not expiring and residing in the same
ward under the new redistricting, the alderperson who holds over for that ward
shall be determined by lot in the presence of the city council, in the
manner directed by the council, and all other alderpersons shall fill
their unexpired terms as alderpersons-at-large. The alderpersons-at-large, if any,
shall have the same powers and duties as all other alderpersons, but upon the
expiration of their terms the offices of alderpersons-at-large shall be abolished.
(d) If the redistricting results in one or more wards in which no alderpersons
reside whose terms of office have not expired, 2 alderpersons shall be elected
in accordance with Section 3.1-20-35, unless the city elected only one alderperson
per ward pursuant to a referendum under subsection (a) of Section
3.1-20-20.
(e) A redistricting ordinance that has decreased the number
of wards of a city because of a decrease in population of the city shall
not be effective if, not less than 60 days before the time fixed for
the next succeeding general municipal election, an official
census is officially published that shows that the city has regained a
population that entitles it to the number of wards that it had just
before the passage of the last redistricting ordinance.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-20-30) (from Ch. 24, par. 3.1-20-30)
Sec. 3.1-20-30. Validation of actions. After an official census is
officially published, if a city
is divided into a greater number of wards and has elected a greater number
of alderpersons than the city is entitled to, the division and
election shall, nevertheless, be valid and all acts, resolutions, and
ordinances of the
city council of that city, if in other respects in compliance with law, are
valid.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-20-35) (from Ch. 24, par. 3.1-20-35)
Sec. 3.1-20-35. Determining terms.
(a) Alderpersons elected at the first election for city officers after
the election of alderpersons for the initial terms provided for in Section
2-2-11 shall draw lots to determine which alderpersons in each ward
shall hold office for a 4 year term, and until a successor is elected and has
qualified, and which alderpersons in each ward shall hold office for a 2 year
term, and until a successor is elected and has qualified. All alderpersons
thereafter elected
shall hold office for a term of 4 years, and until their successors are
elected and have qualified, except in cities that adopt a 2 year term
under Section 3.1-10-65 and except as otherwise provided in Section
3.1-20-20.
(b) If a city that has had the minority representation plan has voted not
to retain the plan, then at the first election for city officers following
the vote 2 alderpersons shall be elected from each ward in the city and their
terms shall be staggered in the manner set forth in subsection (a).
The
tenure of these alderpersons and their successors shall be the same as that
stated in subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-20-40) (from Ch. 24, par. 3.1-20-40)
Sec. 3.1-20-40. Other officers; election rather than appointment.
Instead of providing for the appointment of the
following officers as provided in Section 3.1-30-5, the city council, in
its discretion, may provide by ordinance passed by a two-thirds vote of
all the alderpersons elected for the election by the electors of the city of
a city collector, a city marshal, a city superintendent of streets, a
corporation counsel, a city comptroller, or any of them, and any other
officers which the city council considers necessary or expedient. By
ordinance or resolution, to take effect at the end of the current fiscal
year, the city council, by a like vote, may discontinue any office so
created and devolve the duties of that office on any other city
officer. After discontinuance of an office, no officer filling that office
before its discontinuance shall have any claim against the city for salary
alleged to
accrue after the date of discontinuance.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-20-45)
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested office. A city
incorporated under this Code that elects municipal officers at nonpartisan
primary and
general elections shall conduct the elections as provided in the Election Code,
except that
no office for which nomination is uncontested shall be included on the primary
ballot and
no primary shall be held for that office. For the purposes of this Section, an
office is
uncontested when not more than 4
persons to be nominated for each
office
have timely filed valid nominating papers seeking nomination for the election
to that
office.
Notwithstanding any other provision of law, when a person (i) who has not timely
filed valid nomination papers and (ii) who intends to become a write-in
candidate for
nomination for any office for which nomination is uncontested files a written
statement
or notice of that intent with the proper election official with whom the
nomination papers
for that office are filed, no primary ballot shall be printed. Where no primary is held, a person intending to become a write-in candidate at the general primary election shall refile a declaration of intent to be a write-in candidate for the general election with the appropriate election authority or authorities. If there is a primary election, then candidates shall be placed on the ballot for the next succeeding general municipal election in the following manner: (1) If one officer is to be elected, then the 2 | ||
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(2) If 2 alderpersons are to be elected at large, | ||
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(3) If 3 alderpersons are to be elected at large, | ||
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The name of a write-in candidate may not be placed on the ballot for the next succeeding general municipal election unless he or she receives a number of votes in the primary election that equals or exceeds the number of signatures required on a petition for nomination for that office or that exceeds the number of votes received by at least one of the candidates whose names were printed on the primary ballot for nomination for or election to the same office.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/Art. 3.1 Div. 25 heading) DIVISION 25.
ELECTED VILLAGE AND INCORPORATED TOWN OFFICERS
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(65 ILCS 5/3.1-25-5) (from Ch. 24, par. 3.1-25-5)
Sec. 3.1-25-5.
Trustees; terms.
In each village incorporated
under this Code, the electors of the village shall elect 6 trustees. The term
of
office of the trustees shall be 4 years and until their successors are elected
and have qualified. Trustees elected at the first election for village
officers after a village is incorporated, however, shall by lot designate
one-half of their number, whose terms shall be 2 years and until their
successors are elected and have qualified.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-10) (from Ch. 24, par. 3.1-25-10)
Sec. 3.1-25-10.
Village board; composition; referendum.
Any village
board of a village of under 5,000 population
incorporated under this Code may by resolution provide for a referendum
on the question of whether the board of trustees
shall be comprised of 4 members rather than 6 members. The referendum
shall be held in accordance with the general election law. If a majority
of those voting on the
question vote in favor of reducing the number of trustees
from 6 to 4, the number of trustees shall be reduced to 4. In order to
provide for the transition from 6 member boards to 4 member boards, 2 trustees
shall be elected at the general municipal election
in each odd numbered year after the adoption of the referendum when trustees
are elected for 4 year terms and at the general municipal
election in each year after the adoption of the referendum
when trustees are elected for 2 year terms. Any village that
changes from a 6 member board to a 4 member board may thereafter return
to a 6 member board by the same procedure.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-15) (from Ch. 24, par. 3.1-25-15)
Sec. 3.1-25-15.
President and trustees; general election.
(a) The election for the president
in villages shall be held at
the general municipal election in accordance with the general election law.
(b) The election for trustees in villages shall be held in accordance
with the general election law, except as provided in Section 3.1-25-70.
(c) The day upon which the elections provided for in this Section are to be
held is subject to the provisions of the general
election law.
(d) Every village or incorporated town incorporated and existing
under a special Act that has, before the effective date of this amendatory
Act of 1992, held a general municipal election
in even numbered years may continue to do so. Every village or incorporated
town may also hold annual municipal elections if it is necessary to comply
with the provisions of Section 3.1-25-70.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
Sec. 3.1-25-20.
Primary election.
A village incorporated under this Code shall
nominate and elect candidates for president and trustees in nonpartisan
primary and general elections as provided in Sections 3.1-25-20 through
3.1-25-55
until the electors of the village vote to require the partisan election of
the president and trustees at a referendum in the manner provided in
Section 3.1-25-65 after January 1, 1992.
The
provisions of Sections 3.1-25-20 through 3.1-25-55 shall
apply to all villages incorporated under this Code that have operated
under those Sections without the adoption of those provisions by the
referendum provided in Section 3.1-25-60 as well as those villages that have
adopted those provisions by the referendum provided in Section 3.1-25-60
until
the electors of those villages vote to require the partisan election of the
president and trustees in the manner provided in Section 3.1-25-65.
Villages that have nominated and elected candidates for president and
trustees in partisan elections prior to January 1, 1992, may continue to
hold partisan elections without conducting a referendum in the manner
provided in Section 3.1-25-65.
All
candidates for nomination to be voted for at all general municipal elections
at which a president or trustees, or both, are to be elected under this
Article shall be nominated from the village at large by a primary election.
Notwithstanding any other provision of law, no primary shall be held in any
village when the nomination for every office to be voted upon by the electors
of the village is uncontested. If the nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted upon by the electors
of the village, then a primary must be held in the village, provided that the
primary ballot shall not include those offices in the village for which the
nomination is uncontested. For the purposes of this Section, an office is
uncontested when not more than the number of persons to be nominated to the
office have timely filed valid nominating papers seeking nomination for
election to that office.
Notwithstanding the preceding paragraph, when a person (i) who has not timely
filed valid nomination papers and (ii) who intends to become a write-in
candidate for nomination for any office for which nomination is uncontested
files a written statement or notice of that intent with the proper election
official with whom the nomination papers for that office are filed, a primary
ballot must be prepared and a primary must be held for the office. The
statement or notice must be filed on or before the 61st day before the
consolidated primary election. The statement
must contain (i) the name and address of the person intending to become a
write-in candidate, (ii) a statement that the person intends to become a
write-in candidate, and (iii) the office the person is seeking as a write-in
candidate. An election authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the requirements of this
paragraph is filed in a timely manner.
Only the names of those persons nominated in the manner prescribed in
Sections 3.1-25-20 through 3.1-25-65 shall be placed on
the ballot at the general municipal election.
The village clerk shall certify the offices to be filled and the candidates
for those offices to the proper election authority
as provided in the general election law. A primary for those offices, if
required, shall be held in accordance with
the general election law.
(Source: P.A. 91-57, eff. 6-30-99.)
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(65 ILCS 5/3.1-25-30) (from Ch. 24, par. 3.1-25-30)
Sec. 3.1-25-30.
Petition of candidacy.
The petition in the nomination papers shall contain
a number of signatures of electors residing within the same village as the
candidate equal to at least 1% of the total vote cast at the last preceding
election in the village for president. The petition shall be in substantially
the form provided in the general election law.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-35) (from Ch. 24, par. 3.1-25-35)
Sec. 3.1-25-35. Primary ballots. The proper election authority, in
accordance with the general
election law, shall have the primary ballots printed in the same manner, in
the same number, and within the same time as ballots are printed under the
general election law, except as otherwise provided in this Code. If the office
of president is to be filled in the succeeding general municipal election,
the names of the candidates for president shall be placed first on the primary
ballots, in substantially the form specified in this Section. Following these
names
shall appear the names of the candidates for trustees in substantially the
form specified in this Section. The primary ballots shall comply with the
general election law, except as otherwise provided in this Code. The ballots
shall designate no party, platform, political principle, appellation, or
mark, nor shall any circle be printed at the head of the primary ballots.
The primary ballots shall be in substantially the following form:
OFFICIAL PRIMARY BALLOT
CANDIDATES FOR NOMINATIONFOR (PRESIDENT AND)TRUSTEES OF (NAME OF VILLAGE)AT THE PRIMARY ELECTION.
FOR PRESIDENT
(VOTE FOR ONE)
HENRY WHITEJAMES SMITHLARRY FRANGRALPH WILSON
FOR TRUSTEES
(VOTE FOR NOT MORE THAN (NUMBER))
THOMAS WILLIAMSWILLIAM BURKEALEXANDER HAMILTONEDWARD STUARTMARY KURTISG.E. HAUSMANNARTHUR ROBBINSMARK TANDYHARRY BROWNJOSEPH TROUTIMMANUEL KANTROBERT BUCKGEORGE MILLERSARAH TOLLER
(Source: P.A. 95-862, eff. 8-19-08.)
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(65 ILCS 5/3.1-25-40) (from Ch. 24, par. 3.1-25-40)
Sec. 3.1-25-40. Ballots.
(a) If the office of president is to be filled, only the names
of the 4
candidates receiving the highest number of votes for president
shall be placed on the ballot for president at the next succeeding general
municipal election. The names of candidates in a number equal to 4
times
the number of trustee positions to be filled receiving the highest number of
votes for
trustee, or the names of all candidates if less than 4
times the number
of trustee positions to be filled, shall be placed on the ballot for that
office at the municipal election.
(b) An elector, however, at either a primary election or a general municipal
election held under Sections 3.1-25-20 through 3.1-25-55, may write in
the names of the candidates of that elector's choice in accordance with the general
election law. If, however, the name of only one candidate for a particular
office appeared on the primary ballot, the name of the person having the
largest number of write-in votes shall not be placed upon the ballot at
the general municipal election unless the number of votes received in the
primary election by that person was at least 10% of the number of votes received
by the candidate for the same office whose name appeared on the primary ballot.
(c) If a nominee at a general primary election dies or withdraws before the general
municipal election, there shall be placed on the ballot the name of the
candidate receiving the next highest number of votes, and so on in case of
the death or withdrawal of more than one nominee.
(d) If in the application of this Section there occurs the condition
provided
for in Section 3.1-25-45, there shall be placed on the ballot the name
of the candidate who was not chosen by lot under that Section where one
of 2 tied candidates had been placed on the ballot before the death or
withdrawal occurred. If, however, in the application of this Section, the
candidate with the next highest number of votes cannot be determined because
of a tie among 2 or more candidates, the successor nominee whose name shall
be placed on the ballot shall be determined by lot as provided in Section
3.1-25-45.
(Source: P.A. 95-699, eff. 11-9-07.)
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(65 ILCS 5/3.1-25-45) (from Ch. 24, par. 3.1-25-45)
Sec. 3.1-25-45.
Nomination; determination by lot.
If, upon the
canvass
of the returns of the primary election
specified in Section 3.1-25-20, the canvassing board finds that there are tied
candidates for president or trustee so that the appropriate number of
candidates
receiving the highest number of votes cannot be determined, the canvassing
board shall determine by lot which of the tied candidates shall be nominated
for the positions for which they are tied.
In these cases the canvassing board shall issue to the tied candidates
written notice of the tie vote, stating in the notice the place, the day (which
shall not be more than 5 days thereafter), and the hour when the nomination
is to be so determined.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-50) (from Ch. 24, par. 3.1-25-50)
Sec. 3.1-25-50. General election; ballot positions. On the ballots
for the general municipal election, if the
office of president is to be filled, the names of the nominees for president
shall be placed first, in substantially the form specified in this Section.
Following
these names, the names of the nominees for trustees shall appear under each
office, in substantially the form specified in this Section.
The ballots shall be in the form provided by the general election law,
except as otherwise provided in this Code, but they shall designate no party,
platform, political principle, appellation, or mark, nor shall
any circle be printed at the head of the ballots. The ballots shall be in
substantially the following form:
OFFICIAL BALLOT
NOMINEES FOR (PRESIDENT AND) TRUSTEES OF (NAME OFVILLAGE) AT THE GENERAL MUNICIPAL ELECTION
FOR PRESIDENT
(VOTE FOR ONE)
JAMES SMITHLARRY FRANG
FOR TRUSTEES
(VOTE FOR NOT MORE THAN (NUMBER))
EDWARD STUARTROBERT BUCKGEORGE MILLERWILLIAM BURKEARTHUR ROBBINSHARRY BROWN
(Source: P.A. 95-862, eff. 8-19-08.)
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(65 ILCS 5/3.1-25-55) (from Ch. 24, par. 3.1-25-55)
Sec. 3.1-25-55.
General election; election contests.
All general
municipal elections under Sections 3.1-25-20 through 3.1-25-50 shall be held,
conducted, and contested under the
general election law, except that the contest of the election of president
and trustees shall be conducted in the circuit court and the board of trustees
shall not be the judge of the election and qualification of its members.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-60) (from Ch. 24, par. 3.1-25-60)
Sec. 3.1-25-60.
Referendum to require primary elections.
Any village
incorporated under this Code that has not
adopted the provisions of Section 3.1-25-45 or Articles 4, 5, or 6 of this Code
may,
by a vote of the electors of the village as provided in this Section, elect to
require
candidates for president and trustees to run in primary elections as provided
in Sections 3.1-25-20 through 3.1-25-55.
The question of requiring candidates for president and trustees to run
in primary elections as provided in Sections 3.1-25-20 through 3.1-25-55 shall
be certified by the village clerk to the proper election authority, who shall
submit the proposition to the electors of the village upon a resolution
adopted by the council or upon petition filed with the village clerk and
signed by electors of the village equal in number to at least 10% of the
number of votes cast for the candidates for president at the last preceding
general municipal election. The proposition shall be in substantially the
following form:
Shall candidates for president and trustees of (name | ||
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If a majority of the electors in the village voting on the question
vote in the affirmative, candidates for president and trustees of the village
shall be elected as provided in Sections 3.1-25-20 through 3.1-25-55.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-65) (from Ch. 24, par. 3.1-25-65)
Sec. 3.1-25-65.
Referendum to discontinue primary elections.
Any
village operating under the provisions of Sections 3.1-25-20 through 3.1-25-55
may by referendum elect to have the president and trustees nominated and
elected at partisan primary and general elections.
The question may be submitted to the electors of the village by the council
or upon a petition signed by electors of the village equal in number to
at least 10% of the number of votes cast for candidates for president at
the last preceding general municipal election. The question shall be certified
by the village clerk to the proper election authorities, who shall submit
the proposition at
an election in accordance with the general election law. The question shall
be in substantially the following form:
Shall candidates for president and trustees of (name | ||
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If a majority of the electors in the village voting on the question
vote in the affirmative, candidates for president and trustees shall no
longer be elected as provided in Sections 3.1-25-20 through 3.1-25-55.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-70) (from Ch. 24, par. 3.1-25-70)
Sec. 3.1-25-70. Trustees under special Acts.
(a) In every village and
incorporated town incorporated and
existing under any special Act that, before June 4, 1909, pursuant to
any special Act, annually elected members of its legislative body, the
electors in the village or incorporated town, instead of the legislative
body now provided for by law,
shall elect 6 trustees. They shall hold their offices until their
respective successors are elected and have qualified. At the first meeting
of this board of 6 trustees, the terms of office of the trustees shall be
staggered, and thereafter shall be for the same length of time as provided
for alderpersons in Section 3.1-20-35.
(b) The electors of the village or incorporated town may, however, adopt
a 2 year term for their trustees as provided in Section 3.1-10-65. If this 2
year term is adopted, then at the next general municipal election in the
adopting village or incorporated town, 3 trustees shall be elected, and they
shall hold their offices for terms of one year each. In the next succeeding
year, and in each year thereafter, 3 trustees shall be elected in the
adopting village or incorporated town, and they shall hold their offices
for terms of 2 years each.
(c) A village or incorporated town that, before January 1, 1942, has
adopted a 2 year term for its trustees and is now electing 3 trustees each
year shall continue to elect 3 trustees each year for a term of 2 years
each. A village or incorporated town that, before January 1, 1942,
has adopted a 2 year term for its trustees but is not now electing 3
trustees each year shall elect 3 trustees at the next general municipal
election in that municipality, and they shall hold their offices for terms
of one year each. In the next succeeding year, and in each year thereafter,
3 trustees shall be elected, and they shall hold their offices for terms of
2 years each.
(d) This Section shall not apply to or change the method of election of the
members of the legislative body of incorporated towns that have superseded
civil townships.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-25-75) (from Ch. 24, par. 3.1-25-75)
Sec. 3.1-25-75. Districts; election of trustees.
(a) After a village with a
population of 5,000 or more adopts the
provisions of this Section in the manner prescribed in Section 3.1-25-80,
the board of trustees by ordinance shall divide and, whenever
necessary thereafter, shall redistrict the village into 6 compact and
contiguous districts of approximately equal population as required by law.
This redistricting
shall be completed not less than 30 days before the first day for the filing
of nominating petitions for the next succeeding election of village officers
held in accordance with the general election law.
(b) Each of the districts shall be represented by one trustee who shall have
been an actual resident of the district for at least 6 months immediately
before his or her election in the first election after a redistricting, unless the trustee is a resident of a newly incorporated municipality.
Only the electors of a district shall elect the
trustee from that
district.
(c) The provisions of this Code relating to terms of office of alderpersons in
cities shall also apply to the terms of office of trustees under this
Section.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-25-80) (from Ch. 24, par. 3.1-25-80)
Sec. 3.1-25-80.
Referendum; districting and election of trustees.
If
a
petition signed by not less than 5% of the electors
of a village with a population of 5,000 or more requests that the
question of districting the village and electing trustees, one from each
district, be submitted to the electors of the village, this question
shall be certified by the municipal clerk to the proper election authority,
who shall submit the proposition at the next general state or municipal
election in the village. The petition shall be presented in accordance
with the general election law.
The proposition
shall be in substantially the following form:
Shall the village be divided into 6 districts with | ||
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If the question receives the favorable vote of a
majority of all votes cast on the proposition, the board of trustees
shall proceed to district the village, and the election of trustees for
the village thereafter shall be in accordance with Section 3.1-25-75.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-85) (from Ch. 24, par. 3.1-25-85)
Sec. 3.1-25-85.
Method of election of trustees; abandonment.
Any
municipality that has operated for more than 4 years
under the provisions of Section 3.1-25-75 may abandon its method of electing
trustees under that Section and elect its trustees under the provisions
of Section 3.1-25-5 then applicable to villages, by proceeding under this
Section.
When a petition signed by not less than 5% of the electors of the
village requests that the question of abandoning the method of electing
trustees from districts be submitted to the electors of the village,
this question shall be certified by the municipal clerk to the appropriate
election authority, who shall submit the proposition at
the next general municipal election
in the village. The petition shall be presented in accordance with the
general election law.
The proposition shall be in substantially the following form:
Shall (name of village) abandon the method of | ||
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If a majority of the votes cast on this proposition are in favor of
it, the trustees elected at the next succeeding general
municipal election shall be elected in the manner then prescribed by
Section 3.1-25-5. The trustees who have been duly elected, have qualified, and
who are acting at the time this proposition takes effect shall continue
in office until their respective terms expire or until they cease to
function as trustees.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-90) (from Ch. 24, par. 3.1-25-90)
Sec. 3.1-25-90.
Election or appointment of clerk; term; vacancy.
(a) Any village of
fewer than 5,000 inhabitants may, by resolution
adopted by not less than two-thirds of the village board, choose to have
a clerk appointed by the village president with the concurrence of the village
board. Otherwise, at the election for trustees in each village and
incorporated
town, whether incorporated under a general or special Act (other than a village
that was incorporated under a special Act and that adopts Section 3.1-30-25),
a clerk of the village or incorporated town shall be elected who shall hold
office for a term of the same length of time as provided in this Article
3.1 for the mayor in a city, except that any such village or incorporated
town that, before January 1, 1942, has adopted a 2 year term for village clerk
shall continue to elect a village clerk for a term of 2 years. Whenever
a vacancy in the office of a clerk elected under this Section occurs during
the term, the vacancy shall be filled for the remainder of the term at the
next general municipal election as provided by Section 3.1-10-50. During the
period from the time the vacancy occurs until a clerk is elected as
provided in this Section and has qualified, the vacancy may be filled by
the appointment of an acting clerk by the president with the advice and
consent of the trustees.
(b) In any village where the clerk is appointed as provided in this
Section, the clerk may later be elected, but only after a referendum initiated
and held as provided in this Section. The question of whether the
village clerk shall be elected, rather than appointed, shall be submitted to
the electors of the village upon the filing of a petition with the village clerk signed by
electors equal
in number to at least 10% of the highest number of votes cast for any
candidate for village office at the last preceding municipal election. The
question shall be certified by the village clerk to the proper election
authorities, who shall submit the proposition at an election in accordance
with the general election law. The question shall be in substantially the
following form:
Shall the clerk in (name of village) be elected, | ||
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If a majority of the electors in the village voting on the question
vote in the affirmative, the village clerk shall thereafter be elected. If
a majority of the electors voting on the question vote in
the negative, the village clerk shall continue to be appointed.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-25-95) (from Ch. 24, par. 3.1-25-95)
Sec. 3.1-25-95.
Incorporated town officers.
For the general municipal
election to be held
in the year 1985 in every incorporated town with a population
of 25,000 or more by the last official census, and every 4 years thereafter,
the municipal clerk shall certify the names of the candidates
to the proper election authority as provided by the general election
law. A president, a clerk, an assessor, a
collector, and a supervisor shall be elected for a term of 4 years
and until their successors are elected
and have qualified. Whenever a vacancy occurs in the office of any of the
specified officers, the vacancy shall
be filled for the remainder of the term at the next general municipal election
in that incorporated town as provided in Section 3.1-10-50. Whenever an
election is held for this purpose, the municipal clerk shall certify the
office to be filled and the candidates for that office to the election
authorities
as provided in the general election law. During the period from the time
a vacancy occurs until a clerk, assessor, collector, or supervisor is elected
and has qualified, the vacancy may be filled by appointment by the president
and board of trustees of that incorporated town voting jointly. During the
period from the time a vacancy occurs until a president is elected and has
qualified, the vacancy may be filled by appointment by the board of trustees
of that incorporated town.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 3.1 Div. 30 heading) DIVISION 30.
APPOINTED OFFICERS IN ALL MUNICIPALITIES
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(65 ILCS 5/3.1-30-5) (from Ch. 24, par. 3.1-30-5)
Sec. 3.1-30-5. Appointed officers in all municipalities.
(a) The mayor or president, as the case may be, by and with the advice
and consent of the city council or the board
of trustees, may appoint (1) a treasurer (if the treasurer is not an
elected position in the municipality), (2) a collector, (3) a
comptroller, (4) a marshal, (5) an attorney or a corporation counsel, (6)
one or more purchasing agents and deputies, (7) the number of auxiliary police officers determined necessary by the corporate authorities, (8)
police matrons, (9) a commissioner of public works, (10) a budget director
or a budget officer, and (11) other officers
necessary to carry into effect the powers conferred upon municipalities.
(b) By ordinance or resolution to take effect at the end of the current
fiscal year, the corporate authorities, by a two-thirds vote, may discontinue
any appointed office and devolve the duties of that office on any other
municipal officer. After discontinuance, no officer filling the office before
its discontinuance shall have any claim against the municipality for salary
alleged to accrue after the date of discontinuance.
(c) Vacancies in all appointed municipal offices may be filled in the same
manner as appointments are made under subsection (a). The city council or board
of trustees of a municipality, by ordinance not inconsistent with this Code,
may prescribe the duties, define the powers, and fix the term of office of all
appointed officers of the municipality; but the term of office, except as
otherwise expressly provided in this Code, shall not exceed that of the mayor
or president of the municipality.
(d) An appointed officer of a municipality may resign from his or her
office. If an appointed officer resigns, he or she shall continue in office
until a successor has been chosen and has qualified. If there is a failure to
appoint a municipal officer, or the person appointed fails to qualify, the
person filling the office shall continue in office until a successor has been
chosen and has qualified. If an appointed municipal officer ceases to perform
the duties of or to hold the office by reason of death, permanent physical or
mental disability, conviction of a disqualifying crime, or dismissal from or
abandonment of office, the mayor or president of the municipality may appoint a
temporary successor to the officer.
(Source: P.A. 94-984, eff. 6-30-06.)
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(65 ILCS 5/3.1-30-10) (from Ch. 24, par. 3.1-30-10)
Sec. 3.1-30-10. Deputy clerk.
(a) In municipalities with a population of
500,000 or more, the
municipal clerk may appoint the number of deputy clerks necessary to
discharge the functions and duties of the office of municipal clerk.
(b) In municipalities of less than 500,000, the municipal clerk, when
authorized by the corporate authorities, may appoint the number of deputy clerks necessary to
discharge the functions and duties of the office of municipal clerk, who
need not be a resident of the municipality. The corporate authorities of the municipality may limit the number of deputy clerks that the municipal clerk may appoint.
(Source: P.A. 94-250, eff. 7-19-05.)
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(65 ILCS 5/3.1-30-15) (from Ch. 24, par. 3.1-30-15)
Sec. 3.1-30-15.
Clerk as collector.
If, in any municipality, a
collector
is appointed, the corporate authorities may provide by ordinance that the
clerk shall hold
the office of collector.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
Sec. 3.1-30-20. Auxiliary police officers.
(a) Auxiliary police officers shall
not be members of the regular police department of the municipality.
Auxiliary police officers shall not supplement members of the regular
police department of any municipality in the performance of their
assigned and normal duties, except as otherwise provided in this Code.
Auxiliary police officers shall only be assigned to perform the following
duties in a municipality:
(i) to aid or direct traffic within the
municipality, (ii) to aid in control of natural or man made disasters, and
(iii) to aid
in case of civil disorder as directed by the chief of police.
When it is impractical for members of the regular
police department to perform those normal and regular police duties, however,
the
chief of police of the regular police department may
assign auxiliary police officers to perform those normal and regular police
duties. Identification symbols worn by auxiliary police officers shall be
different and distinct from those used by members of the regular police
department. Auxiliary police officers shall at all times during the
performance of their duties be subject to the direction and control of
the chief of police of the municipality. Auxiliary police officers
shall not carry firearms, except with the permission of the chief of
police and while in uniform and in the performance of their duties.
Auxiliary police officers, when on duty, shall also be conservators of the
peace and shall have the powers specified in Section 3.1-15-25.
(b) Auxiliary police officers, before entering upon any of their duties,
shall receive a course of training in the use of weapons and other
police procedures appropriate for the exercise of the powers
conferred upon them under this Code. The training and course of study
shall be determined and provided by the corporate authorities of each
municipality employing auxiliary police officers. Before being permitted to carry a firearm, however, an auxiliary police officer must have the same course of training as required of peace officers under Section 2 of the Peace Officer and Probation Officer Firearm Training Act. The municipal authorities may
require that all auxiliary police officers be residents of the municipality
served by them. Before the appointment of an auxiliary police officer, the
person's fingerprints shall be taken, and no person shall be appointed as an
auxiliary police officer if that person has been convicted of a felony or other
crime
involving moral turpitude.
(c) The Line of Duty Compensation Act
shall be applicable to auxiliary police officers
upon their death in the line of duty described in this Code.
(Source: P.A. 98-725, eff. 1-1-15.)
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(65 ILCS 5/3.1-30-21)
Sec. 3.1-30-21.
Part-time police.
A municipality may appoint, discipline,
and discharge part-time police officers. A municipality that employs part-time
police officers shall, by ordinance, establish hiring standards for part-time
police officers and shall submit those standards to the Illinois Law
Enforcement Training Standards Board.
Part-time police officers shall be members of the regular police department,
except for pension purposes. Part-time police officers shall not be assigned
under any circumstances to supervise or direct full-time police officers of a
police department. Part-time police officers shall not be used as permanent
replacements for
permanent full-time police officers.
Part-time police officers shall be trained under the Intergovernmental Law
Enforcement Officer's In-Service Training Act in accordance with the procedures
for part-time police officers established by the Illinois Law Enforcement
Training Standards Board. A part-time police officer hired after January 1,
1996 who has not yet received certification under Section 8.2 of the Illinois
Police Training Act shall be directly supervised.
(Source: P.A. 89-170, eff. 1-1-96.)
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(65 ILCS 5/3.1-30-25) (from Ch. 24, par. 3.1-30-25)
Sec. 3.1-30-25.
Municipalities incorporated under special Acts.
The
corporate authorities of municipalities incorporated and
existing under special Acts that now provide for or require the
election of one or more of the appointed officers referred to in this Division
30 may
adopt this Division 30 by resolution and may, instead of the provisions or
requirements of the special Acts, provide by ordinance for the appointment
of those officers by
the corporate authorities and prescribe their terms, duties, compensation, and
the amount of any bond required.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 3.1 Div. 35 heading) DIVISION 35.
FUNCTIONS AND DUTIES
OF CERTAIN MUNICIPAL OFFICERS
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(65 ILCS 5/3.1-35-5) (from Ch. 24, par. 3.1-35-5)
Sec. 3.1-35-5.
Mayor or president; general duties.
The mayor or
president shall
perform all the duties which are prescribed by
law, including ordinances, and shall take care that the laws and
ordinances are faithfully executed.
The mayor or president from time to time may, and annually shall, give
the corporate authorities
information concerning the affairs of the municipality and may recommend for
their consideration measures the mayor or president believes
expedient.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-10) (from Ch. 24, par. 3.1-35-10)
Sec. 3.1-35-10.
Mayor or president; removal of appointed officer.
Except where otherwise provided by statute, the mayor or president may
remove any officer appointed by the mayor or president under this Code, on
any written charge,
whenever the mayor or president is of the opinion that the interests of the
municipality demand
removal. The mayor or president shall report the reasons for the
removal to the corporate authorities at
a meeting to be held not less than 5 nor more than 10 days after the
removal. If the mayor or president fails or refuses to report to the
corporate authorities the reasons
for the removal, or if the corporate authorities by a two-thirds vote of all
members
authorized by law to be elected disapprove of the removal, the officer
thereupon shall be restored to the office from which the officer was removed.
The
vote shall be by yeas and nays, which shall be entered upon the journal of
the corporate authorities. Upon restoration, the officer shall give a new
bond and take a new
oath of office. No officer shall be removed a second time for the same
offense.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-15) (from Ch. 24, par. 3.1-35-15)
Sec. 3.1-35-15.
Mayor or president; release of prisoners.
The mayor
or
president may release any person imprisoned for violation of a municipal
ordinance and shall
report the release, together with the reasons for the release,
to the corporate authorities at their first meeting after the release.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-20) (from Ch. 24, par. 3.1-35-20)
Sec. 3.1-35-20.
Mayor or president; examination of records.
The mayor
or president at all
times may examine and inspect the books, records, and papers of any agent,
employee, or officer of the municipality.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-25) (from Ch. 24, par. 3.1-35-25)
Sec. 3.1-35-25.
Mayor or president; calling out militia.
Subject to
the
authority of the
Governor as commander-in-chief of the
militia, the mayor or president may call out the militia to aid in suppressing
riots and
other disorderly conduct or to aid in carrying into effect any law or
ordinance.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-30) (from Ch. 24, par. 3.1-35-30)
Sec. 3.1-35-30.
Mayor or president; designation for signing
instruments. The mayor or
president may designate in writing another person to affix the signature of the
mayor or president to any written instrument or instruments required to be
signed by the
mayor or president. The mayor or president shall send written notice of
this designation to the corporate authorities, stating the name of the
person who has been selected and what
instrument or instruments the person will have authority to sign. A written
signature of
the mayor or president executed by the designated person, with the
signature of the designated person underneath, shall be attached to the notice.
The
notice, with the signatures attached, shall be recorded in the journal of
the corporate authorities and then filed with the municipal clerk. When the
signature of
the mayor or president is placed on a written instrument at the direction
of the mayor or president in the specified manner, the instrument or
instruments, in all
respects, shall be as
binding on the municipality as if signed by the mayor or president in
person.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-35) (from Ch. 24, par. 3.1-35-35)
Sec. 3.1-35-35. Mayor or president pro tem; temporary chairman.
(a) If the mayor or president is temporarily absent because of an
incapacity to perform official duties, but the incapacity does not create a
vacancy in the office, the corporate authorities shall elect one of their
members to
act as mayor or president pro tem. The mayor or president pro tem, during
this absence or disability,
shall perform the duties and possess all the rights and powers of the
mayor or president but shall not be entitled to vote both as mayor or
president pro tem and as alderperson or trustee.
(b) In the absence of the mayor, president, acting mayor or president,
or mayor or president pro tem, the corporate authorities may elect one of
their members to act as a temporary chairman.
The temporary chairman shall have only the powers of a presiding
officer and a right to vote only in
the capacity as alderperson or trustee on any ordinance, resolution, or
motion.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-35-40) (from Ch. 24, par. 3.1-35-40)
Sec. 3.1-35-40.
Treasurer; duties.
(a) The municipal treasurer shall
receive all money belonging to
the municipality and shall keep the treasurer's books and accounts in the
manner
prescribed by ordinance. These books and accounts shall always be subject
to the inspection of any member of the corporate authorities.
The municipality may, however, by ordinance designate a person or
institution which, as bond trustee, shall receive from the county collector
amounts payable to the municipality as taxes levied pursuant to a bond
issuance.
(b) The treasurer shall keep a separate account of each fund or
appropriation and the
debits and credits belonging to the fund or appropriation.
(c) The treasurer shall give every person paying money into the treasury a
receipt, specifying the date of payment and upon what account paid. The
treasurer
shall file copies of these receipts with the clerk, with the treasurer's
monthly
reports. If the treasurer has possession of money properly appropriated to the
payment of any warrant lawfully drawn upon the treasurer, the treasurer
shall pay the money
specified in the warrant to the person designated by the warrant.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-45) (from Ch. 24, par. 3.1-35-45)
Sec. 3.1-35-45.
Treasurer;
reports. At the end of every month, and
oftener if required by the
corporate authorities, the municipal treasurer shall render an account
under oath to the corporate authorities, or to an officer
designated by ordinance, showing the state of the treasury at the date of
the account and the balance of money in the treasury. The treasurer shall
accompany
the account with a statement of all money received into the treasury and
on what account, together with all warrants redeemed and paid by the treasurer.
On
the day the treasurer renders an account, these warrants, with all vouchers
held by the treasurer, shall be delivered to the municipal clerk and filed,
together with the
account, in the clerk's office. All paid warrants shall be
marked "paid". The treasurer shall keep a register of
all warrants, which shall
describe each warrant, showing its date, amount, and number, the fund from
which paid, the name of the person to whom paid, and when paid.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-50) (from Ch. 24, par. 3.1-35-50)
Sec. 3.1-35-50. Treasurer; deposit of funds.
(a) The municipal treasurer may be required to keep all funds and
money in the treasurer's custody belonging to the municipality in places of
deposit designated by ordinance. When requested by the
municipal treasurer, the corporate authorities shall designate one or
more banks or savings and loan associations in which may be kept the funds
and money of the municipality in the custody of the treasurer. When a
bank or savings and loan association has been designated as a depository,
it shall continue as a depository until 10 days have elapsed after a new
depository
is designated and has qualified by furnishing the statements of resources
and liabilities as required by this Section. When a new depository is
designated, the corporate authorities shall notify the sureties of the
municipal treasurer of that fact in writing at least 5 days before the
transfer of funds. The treasurer shall be discharged from responsibility
for all funds or money that the treasurer deposits in a designated bank or
savings and loan association while the funds and money are so deposited.
(b) The municipal treasurer may require any bank or savings and loan
association to deposit with the treasurer securities or mortgages that
have a market value at least equal to the amount of the funds or moneys of the
municipality deposited with the bank or savings and loan association that
exceeds the insurance limitation provided by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance Corporation.
(c) The municipal treasurer may enter into agreements of any
definite or indefinite term regarding the deposit, redeposit, investment,
reinvestment, or withdrawal of municipal funds.
(d) Notwithstanding any other provision of this Act or any other law, each
official custodian of municipal funds, including, without limitation, each
municipal treasurer or finance director or each person properly designated as
the official custodian for municipal funds, including, without limitation, each
person properly designated as official custodian for funds held by an
intergovernmental risk management entity, self-insurance pool, waste
management agency, or other intergovernmental entity composed solely of
participating municipalities, is permitted to:
(i) combine moneys from more than one fund of a | ||
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(ii) join with any other official custodians or | ||
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(iii) enter into agreements of any definite or | ||
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When funds are combined for investment
purposes as authorized in this Section, the moneys combined for those purposes
shall be accounted for separately in all respects, and the earnings from such
investment shall be separately and individually computed, recorded, and
credited to the fund, municipality, intergovernmental risk management
entity, self-insurance pool, waste
management agency, or other intergovernmental entity, as the case may be, for
which the investment was acquired.
Joint investments shall be made only in investments authorized by law for
investment of municipal funds.
The grant of authority contained in this subsection is cumulative,
supplemental, and in addition to all other power or authority granted by any
other law and shall not be construed as a limitation of any power and authority
otherwise granted.
(e) No bank or savings and loan association shall receive public funds as
permitted by this Section unless it has complied with the requirements
established by Section 6 of the Public Funds Investment Act.
(f) In addition to any other investments or deposits authorized under this Code, municipalities are authorized to invest the funds and public moneys in the custody of the municipal treasurer in accordance with the Public Funds Investment Act. (Source: P.A. 98-297, eff. 1-1-14.)
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(65 ILCS 5/3.1-35-55) (from Ch. 24, par. 3.1-35-55)
Sec. 3.1-35-55.
Treasurer; personal use of funds.
The municipal
treasurer shall
keep all money belonging to the
municipality and in the treasurer's custody separate and distinct from the
treasurer's own money and shall not use, either directly or indirectly, the
municipality's money
or warrants for the personal use and benefit of the treasurer or of any
other person. Any violation of this provision shall subject the treasurer to
immediate removal from office by the corporate authorities, who may declare
the treasurer's office vacant.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-60) (from Ch. 24, par. 3.1-35-60)
Sec. 3.1-35-60.
Treasurer; receipts and expenditures.
The municipal
treasurer shall report to the corporate
authorities, as often as they require, a full and detailed account of all
receipts and expenditures of the municipality, as shown by the treasurer's
books, up to the time of the report.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-65) (from Ch. 24, par. 3.1-35-65)
Sec. 3.1-35-65.
Treasurer; annual accounts.
(a) Within 6 months after the end of each fiscal year, the
treasurer of each municipality having a population
of less than 500,000, as determined by the last preceding
federal census, shall annually prepare and file with the clerk of the
municipality an account of moneys received
and expenditures incurred during the preceding fiscal year as specified
in this Section. The treasurer
shall show in the account:
(1) All moneys received by the municipality, | ||
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(2) Except as provided in paragraph (3) of this | ||
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(3) All moneys paid out by the municipality as | ||
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(A) under $25,000.00;
(B) $25,000.00 to $49,999.99;
(C) $50,000.00 to $74,999.99;
(D) $75,000.00 to $99,999.99;
(E) $100,000.00 to $124,999.99; or
(F) $125,000.00 and over.
(4) A summary statement of operations for all funds | ||
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(b) Upon receipt of the account from the municipal treasurer, the municipal
clerk shall publish the account at least once in one or more newspapers
published in the municipality or, if no newspaper is published in the
municipality,
then in one or more newspapers having a general circulation within the
municipality.
In municipalities with a population of less than 500
in which no newspaper is published, however, publication may be made by
posting a
copy of the account in 3 prominent places within the municipality.
(Source: P.A. 92-354, eff. 8-15-01.)
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(65 ILCS 5/3.1-35-70) (from Ch. 24, par. 3.1-35-70)
Sec. 3.1-35-70.
Treasurer; copy of report filed with collector.
Within 6 months
after the end of each fiscal year the
treasurer of each municipality,
as provided in
Section 3.1-35-65, shall file with each town or county collector of taxes
who collects taxes levied by the municipality a copy of the annual
account that is required to be filed with and published by the municipal
clerk, as provided in Section 3.1-35-65, together with an affidavit of the
municipal clerk stating that the copy is a true and correct
copy of the annual account filed with the clerk, that it was published or
posted
as required by Section 3.1-35-65, the date of the filing and publication or
posting, and, if published, the newspaper in which it was published.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-75) (from Ch. 24, par. 3.1-35-75)
Sec. 3.1-35-75.
Treasurer; failure to file account.
If a municipal
treasurer fails to file the
annual account and affidavit with the town or county collector within
6 months after the end of a fiscal year as required by Section
3.1-35-70, the town or county collector, as the case may be, shall withhold
payment to the treasurer of any and all moneys due the
municipality after the expiration of that 6 month period and until the
annual account
and affidavit are received by the collector. The failure of a municipal
treasurer
or municipal clerk to comply with the provisions of Sections 3.1-35-65 and
3.1-35-70 within 6 months after the end of a fiscal year shall not
preclude the treasurer or clerk or the other officers of the municipality from
preparing, publishing or posting, and filing the annual account and
affidavit after the expiration of that 6 month period. If the clerk,
treasurer,
or other officers later comply with the provisions of this Division
35, the town or county collector, as the case may be, shall pay over to the
municipal treasurer the moneys withheld by the collector
immediately upon the filing of the annual account and affidavit with the
collector.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-80) (from Ch. 24, par. 3.1-35-80)
Sec. 3.1-35-80.
Violations and penalties.
A public officer who fails,
neglects, or refuses to
discharge any duty imposed on that officer by Sections 3.1-35-65 through
3.1-35-75, or
who violates any provisions of Sections 3.1-35-65 through 3.1-35-80, is
guilty of a petty offense and upon conviction shall be fined not
less than $25 nor more than $100, in addition to any other penalties
prescribed by law.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-85) (from Ch. 24, par. 3.1-35-85)
Sec. 3.1-35-85.
Treasurer; special assessment funds.
All money
received on a
special assessment shall be
held by the municipal treasurer as a special fund to be applied to the
payment of the improvement for which the assessment was made, and the
money shall be used for no other purpose, except to reimburse the
municipality for money expended for the improvement.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-90) (from Ch. 24, par. 3.1-35-90)
Sec. 3.1-35-90. Clerk; duties.
(a) The municipal clerk shall keep the
corporate seal, to be
provided by the corporate authorities, and all papers belonging to the
municipality the custody and control of which are not given to other
officers. The clerk shall attend all meetings of the corporate authorities including executive sessions and
keep a full record of their proceedings in the journal, except if the clerk is the subject matter of the meeting and his or her presence creates a conflict of interest.
The record of those proceedings shall be made available for public
inspection within 7 days after being approved or accepted by the
corporate
authorities as the official minutes of their proceedings.
(b) The municipal clerk shall have other duties prescribed by
the corporate authorities.
(c) Copies of all papers duly filed in the clerk's office and transcripts
from the
journals and other records and files of the clerk's office, certified by the
clerk under
the corporate seal, shall be evidence in all courts in like manner as if
the originals were produced.
(Source: P.A. 96-294, eff. 8-11-09.)
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(65 ILCS 5/3.1-35-95) (from Ch. 24, par. 3.1-35-95)
Sec. 3.1-35-95.
Deputy clerks.
(a) A deputy clerk may execute all documents required
by law to be executed by the municipal clerk and may affix the seal of the
clerk wherever required. In signing any document, a deputy clerk
shall sign the name of the clerk followed with the word "By" and the
deputy clerk's own name and the words "Deputy Clerk".
(b) Except in municipalities with a population of 500,000 or more, the
powers and duties of a deputy clerk shall be exercised only in the
absence of the clerk from the place where the clerk's office is
maintained, and only when either written direction has been given by the
clerk to that deputy to exercise a power or the corporate
authorities have determined by resolution that the municipal clerk is
temporarily or permanently incapacitated to perform that function. In
municipalities with a population of 500,000 or more, the powers and
duties of a deputy clerk shall be exercised upon the direction of the
clerk, or when the corporate authorities have determined by resolution
that the clerk is temporarily or permanently incapacitated to perform
those functions and duties. When a deputy's signature is duly authorized
as provided in this Section and is
affixed by a deputy in the manner prescribed in this Section on
any document (including but not limited to contracts, bonds, or other
obligations of the municipality), the document shall have the same
effect as if the document had been signed by the municipal
clerk in person.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-100) (from Ch. 24, par. 3.1-35-100)
Sec. 3.1-35-100.
Comptroller; duties.
(a) If a comptroller is elected
or appointed in a municipality, the corporate authorities, by ordinance or
resolution, may confer upon the comptroller the powers and provide for the
performance of the duties that the corporate authorities deem necessary and
proper.
(b) All of the provisions of this Code relating to the powers and duties of
a municipal clerk in connection with (i) the finances, (ii) the treasurer,
(iii) the collector, and (iv) the receipt and disbursements of
money shall be exercised and performed by the comptroller, if one is
elected or appointed. For that purpose, wherever the word "clerk" is used
in this Code, it means "comptroller"; and wherever the words "clerk's
office" are used, they mean "comptroller's office".
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-105) (from Ch. 24, par. 3.1-35-105)
Sec. 3.1-35-105.
Comptroller; designation of person to sign
instruments. The
comptroller may designate, in writing, one or more
persons who shall have authority to affix the comptroller's signature as
comptroller to
any written instrument that is required to be signed by the comptroller.
When the comptroller's signature is so affixed to a written instrument at
the comptroller's direction, the instrument, in all respects, shall be as
binding on the municipality as if signed by the comptroller in person. When the
comptroller designates a person for this purpose, however, the comptroller
shall notify
the corporate authorities to that effect and state in the notice the specific
instruments that the person is authorized to sign.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-110) (from Ch. 24, par. 3.1-35-110)
Sec. 3.1-35-110.
Comptroller; records of bonds issued.
The
comptroller, if one is
elected or appointed (and if not, then the municipal clerk), shall keep in his
or her
office, in books
used solely for that purpose, a correct list of all the outstanding bonds
of the municipality, showing the number and amount of each and for and to whom
the
bonds were issued. When bonds are purchased, paid, or cancelled, these
books shall show these additional facts. In the comptroller's annual report
the comptroller shall describe, particularly, the bonds sold during the
year and the terms of sale, with every item of expense incurred in
connection with the bonds.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-115) (from Ch. 24, par. 3.1-35-115)
Sec. 3.1-35-115.
Comptroller; duties.
(a) The comptroller, if one is elected
or appointed in a municipality (and
if not, then the municipal clerk), shall exercise a general supervision over
all the officers of the municipality charged in any manner with the
receipt, collection, or disbursement of the municipal revenue, or with the
collection and return of the municipal revenue, or with the collection and
return of the municipal revenue into the treasury.
(b) The comptroller shall have custody and control of all municipal
documents, books, and
papers designated by the corporate authorities.
(c) On or before May 15 of each year, and before the annual appropriation
ordinance is prepared by the corporate authorities, the comptroller shall submit to the
corporate authorities a report of the comptroller's estimate, as nearly as may be, of the
money necessary to defray the expenses of the municipality during the
current fiscal year. For the purpose of making this report, the comptroller is
authorized to require all officers to submit statements of the condition
and expenses of their respective offices or departments, with any proposed
municipal improvements and the probable expense of those improvements, all unperformed
contracts, and the amount of all unexpended appropriations of the preceding
year.
(d) In this report, the comptroller shall (i) classify the different
objects and purposes
of expenditure, giving, as nearly as may be, the amount required for each,
(ii) show the aggregate income of the preceding fiscal year, from all
sources, (iii) show the amount of liabilities upon which interest is to be
paid, (iv) show the bonds and debts payable during the year, when due and
payable, and (v) give all other information to the corporate authorities
the comptroller deems necessary, so that the corporate authorities may fully
understand the demands upon the municipality for the current fiscal year.
(e) In municipalities of 500,000 or more inhabitants, the preparation of the
report required by this Section and its form and substance, including the
classification of the different objects and purposes of expenditures, shall
be performed by the budget director of the municipality. In those
municipalities the comptroller shall prepare an annual post-audit of all
funds for the preceding year which shall be known as the "comptroller's
report", a copy of which shall be sent by the municipal comptroller to the
State Comptroller.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-120) (from Ch. 24, par. 3.1-35-120)
Sec. 3.1-35-120.
Collector; duties.
A city collector, if one is
elected
or appointed, shall
preserve all warrants returned to the collector and shall keep books and
accounts in the manner prescribed by the corporate authorities.
All of the
collector's warrants, books, and vouchers, and all papers pertaining to the
office, may be examined at any time by the mayor, city clerk, or any member
or committee of the corporate authorities. Weekly, and oftener if required
by the corporate authorities, the collector shall pay over to the treasurer all
money collected by the collector from any source, taking the
treasurer's receipt in duplicate and filing one of the receipts
immediately with the clerk. At that time, or on demand, the clerk
shall give the collector a copy of any receipt so filed.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-125) (from Ch. 24, par. 3.1-35-125)
Sec. 3.1-35-125.
Collector; reports.
When required by the corporate
authorities or by ordinance, the collector shall make a written report to
the corporate authorities (or to any officer
designated by the corporate authorities) of all money collected by the
collector, the account on which collected, or of any other official matter.
Between the first and
tenth of April of each year, the collector shall file with the clerk a
statement of (i) all the money collected by the collector during the year,
(ii) the particular warrant, special assessment, or account on which
collected, (iii) the balance of money uncollected on all warrants in the
collector's
possession, and (iv) the balance remaining uncollected at the time of the
return on all warrants that the collector returned to the clerk during the
preceding fiscal year. The clerk shall publish the statement at least
once, within 10 days, in one or more newspapers published in the
municipality or, if no newspaper is published in the municipality, 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, a publication may instead be made by posting a notice in 3
prominent places within the municipality.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-130) (from Ch. 24, par. 3.1-35-130)
Sec. 3.1-35-130.
Collector; possession of money.
The collector is
prohibited from keeping the money of the municipality in his or her
possession, or in the possession of any person for his or her use,
beyond the time prescribed for its payment to the treasurer. Any
violation of this provision shall subject the collector to immediate removal
from
office.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-135) (from Ch. 24, par. 3.1-35-135)
Sec. 3.1-35-135.
Clerk as collector.
In any municipality having a
population of less than 1,000,000 in
which the corporate authorities have provided for the appointment of a
collector, the corporate authorities may provide by ordinance that the clerk
shall hold the office of collector.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-35-140) (from Ch. 24, par. 3.1-35-140)
Sec. 3.1-35-140.
Marshal; duties.
The marshal shall perform the
duties
that the corporate authorities prescribe for the preservation of the public
peace and the
observance and enforcement of ordinances and laws.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 3.1 Div. 40 heading) DIVISION 40.
CITY COUNCIL
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(65 ILCS 5/3.1-40-5) (from Ch. 24, par. 3.1-40-5)
Sec. 3.1-40-5. Composition. The city council shall consist of the
mayor
and alderpersons. It
shall meet in accordance with the Open Meetings Act. It shall keep a journal
of its own
proceedings.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-10) (from Ch. 24, par. 3.1-40-10)
Sec. 3.1-40-10. Judge of elections. The city council shall be the
sole
judge of the election to
office of the alderpersons. It shall also be the sole judge whether under
Section 3.1-10-5 alderpersons are eligible to hold their offices. A court,
however,
shall not be prohibited from hearing and determining a proceeding in quo
warranto.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-15) (from Ch. 24, par. 3.1-40-15)
Sec. 3.1-40-15. Rules; expulsion. The city council shall determine
its
own rules of proceeding
and punish its members for disorderly conduct. With the concurrence of
two-thirds of the alderpersons then holding office, it may expel an alderperson
from a meeting, but not a
second time for the same incident.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-20) (from Ch. 24, par. 3.1-40-20)
Sec. 3.1-40-20.
Quorum.
A majority of the corporate authorities
shall constitute a
quorum to do business. A smaller number, however, may adjourn from time to
time and may compel the attendance of absentees under penalties
(including a fine for a failure to attend) prescribed by the council
by
ordinance.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-40-25) (from Ch. 24, par. 3.1-40-25)
Sec. 3.1-40-25. Meetings. The city council may prescribe, by
ordinance, the times and
places of the council meetings and the manner in which special council
meetings may be called. The mayor or any 3 alderpersons may call special
meetings of the city council. In addition to any notice requirement
prescribed by the city council, public notice of meetings must be given as
prescribed in Sections 2.02 and 2.03 of the Open Meetings Act.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-30) (from Ch. 24, par. 3.1-40-30)
Sec. 3.1-40-30. Mayor presides. The mayor shall preside at all
meetings
of the city council. Except as provided in Articles 4 and 5 of this Code,
the mayor shall not vote on any ordinance, resolution,
or motion except the following: (i) where
the vote of the alderpersons has resulted in a tie; (ii) where one-half of
the alderpersons elected have voted in favor of an ordinance, resolution, or
motion even though there is no tie vote; or (iii) where a vote greater than a
majority of the corporate authorities is required by this Code or an ordinance
to adopt an
ordinance, resolution, or motion.
Nothing in this Section shall deprive an acting mayor or mayor
pro tem from voting in the capacity as alderperson, but he or she shall not be
entitled to another vote in the capacity as acting mayor or mayor pro
tem.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-35) (from Ch. 24, par. 3.1-40-35)
Sec. 3.1-40-35. Deferral of committee reports. Upon the request of any
2 alderpersons
present, any report of a
committee of the council shall be deferred for final action to
the next regular meeting of the council after the report is made.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-40) (from Ch. 24, par. 3.1-40-40)
Sec. 3.1-40-40. Vote required. The passage of all ordinances for
whatever purpose, and of
any resolution or motion (i) to create any liability against a city or (ii)
for the expenditure or appropriation of its money shall require the
concurrence of a majority of all members then holding office on the city
council, including the mayor, unless otherwise expressly provided by this
Code or any other Act governing the passage of any ordinance, resolution,
or motion. Where the council consists of an odd number of alderpersons, however, the vote of the majority of the alderpersons shall be sufficient
to
pass an ordinance. The passage of an ordinance, resolution, or motion to
sell any school property shall require the concurrence of three-fourths of
all alderpersons then holding office. The yeas and nays shall be taken upon the
question of the passage of the designated ordinances, resolutions, or
motions and recorded in the journal of the city council. In addition, the
corporate authorities at any meeting may by unanimous consent take a single
vote by yeas and nays on the several questions of the passage of any 2 or
more of the designated ordinances, orders, resolutions, or motions placed
together for voting purposes in a single group. The single vote shall
be entered separately in the journal
under the designation "omnibus vote", and in that event the clerk may enter
the words "omnibus vote" or "consent agenda" in the journal in each case
instead of entering
the names of the members of city council voting "yea" and those voting
"nay" on the passage of each of the designated ordinances, orders,
resolutions, and motions included in the omnibus group or consent agenda. The taking of a
single or omnibus vote and the entries of the words "omnibus vote" or
"consent agenda" in the
journal shall be a sufficient compliance with the requirements of this
Section to all intents and purposes and with like effect as if the vote in
each case had been taken separately by yeas and nays on the question of the
passage of each ordinance, order, resolution, and motion included in the
omnibus group and separately recorded in the journal. Likewise, the yeas
and nays shall be taken upon the question of the passage of any other
resolution or motion at the request of any alderperson and shall be recorded
in the journal.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-45) (from Ch. 24, par. 3.1-40-45)
Sec. 3.1-40-45.
Ordinances; approval; veto.
All resolutions and
motions
(i) that create any liability
against a city, (ii) that provide for the expenditure or appropriation
of its money, or (iii) to sell any city or school property, and all
ordinances, passed by the city council shall be deposited with the city
clerk. Except as provided in Articles 4 and 5 of this Code, if the mayor
approves an ordinance or resolution, the mayor shall sign it. Those ordinances,
resolutions, and motions which the mayor disapproves shall be returned to
the city council, with the
mayor's written
objections, at the next regular meeting of the city council occurring not
less than 5 days after their passage. The mayor may disapprove of any one
or more sums appropriated in any ordinance, resolution, or motion making an
appropriation, and, if so, the remainder shall be effective. However, the
mayor may disapprove entirely of an ordinance, resolution, or motion making
an appropriation. If the mayor fails to return any ordinance or any
specified resolution or motion with his written objections within the
designated time, it shall become effective despite the absence of the mayor's
signature.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-40-50) (from Ch. 24, par. 3.1-40-50)
Sec. 3.1-40-50. Reconsideration; passing over veto. Every resolution
and motion specified in Section 3.1-40-45, and every ordinance, that is
returned to the city council by
the mayor shall be reconsidered by the city council at the next regular
meeting following the regular meeting at which the city council receives the
mayor's written objection. If, after
reconsideration, two-thirds of all the alderpersons then holding office on
the city council agree at that regular meeting to pass an ordinance,
resolution, or
motion, notwithstanding the mayor's refusal to approve it, then it shall
be effective. The vote on the question of passage over the mayor's veto
shall be by yeas and nays and shall be recorded in the journal.
This Section does not apply to municipalities with more than 500,000
inhabitants.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-55) (from Ch. 24, par. 3.1-40-55)
Sec. 3.1-40-55. Reconsideration; requisites. No vote of the city
council shall be reconsidered or
rescinded at a special meeting unless there are present at the special
meeting at least as many alderpersons as were present when the vote was taken.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-40-60)
Sec. 3.1-40-60.
Advisory referenda.
By a vote of the majority of the
members of the city council, the council may authorize an advisory question of
public policy to be placed on the ballot at the next regularly scheduled
election in the municipality. The city council shall certify the question to
the proper election authority, which must submit the question at an election in
accordance with the Election Code.
(Source: P.A. 93-574, eff. 8-21-03.)
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(65 ILCS 5/Art. 3.1 Div. 45 heading) DIVISION 45.
BOARD OF TRUSTEES
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(65 ILCS 5/3.1-45-5) (from Ch. 24, par. 3.1-45-5)
Sec. 3.1-45-5. Composition; manner of acting. The board of trustees
shall consist of the president and
trustees and, except as otherwise provided in this Code, shall exercise
the same powers and perform the same duties as the city council in
cities. It shall pass ordinances, resolutions, and motions in the same
manner as a city council. The president of the board of trustees may
exercise the same veto power and powers in Section 3.1-40-30, and with like
effect, as the mayor of a
city. The trustees may pass motions, resolutions, and ordinances over
the president's veto in like manner as the alderpersons of a city council.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-45-10) (from Ch. 24, par. 3.1-45-10)
Sec. 3.1-45-10.
Officers; duties and fees.
The president and board of
trustees may prescribe the
duties of the officers appointed under Section 3.1-30-5, and the amount
to be charged for services rendered by those officers, and
may require them to execute whatever bonds are prescribed by statute or
ordinance.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-45-15) (from Ch. 24, par. 3.1-45-15)
Sec. 3.1-45-15. Powers and duties. The trustees, except as otherwise
provided in this Code, shall
perform the duties and exercise the powers conferred upon the alderpersons of a
city.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-45-20) (from Ch. 24, par. 3.1-45-20)
Sec. 3.1-45-20.
Villages and towns under special Acts.
The trustees
in
every village or incorporated town
specified in Section 3.1-25-70 shall have the same powers and perform the
same duties as have been given by any special Act to the legislative
body of that specified village or incorporated town and that have
been given or may later be given to trustees in villages
or incorporated towns organized under this Code. This Section, however,
does not authorize the trustees in a village or incorporated town
to perform any act that its legislative body is specifically
prohibited from performing under the terms of the Act creating that
village or incorporated town. This Section shall not apply to or change
the powers of the members of the legislative body of incorporated towns
that have superseded civil townships.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 3.1 Div. 50 heading) DIVISION 50.
COMPENSATION
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(65 ILCS 5/3.1-50-5) (from Ch. 24, par. 3.1-50-5)
Sec. 3.1-50-5.
Establishment.
All municipal officers, except as
otherwise provided, shall
receive the salary or other compensation that is fixed by ordinance.
Salaries or other compensation
shall not be increased or diminished so as to take effect during the term
of any officer holding an elective office.
The salaries, fees, or other compensation of any appointed
municipal officer, not including those appointed to fill vacancies in elective
offices, may be increased but not diminished so as to take effect during
the term for which the officer was appointed.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-50-10) (from Ch. 24, par. 3.1-50-10)
Sec. 3.1-50-10.
Fixing salaries.
The corporate authorities of a
municipality may fix the salaries
of all municipal officers
and
employees in the annual appropriation or budget ordinance. They may fix the
salary of all officers who hold elective office for a definite term in an
ordinance
other than the appropriation or budget ordinance. The salaries that are fixed
in the
annual appropriation ordinance shall neither be increased nor diminished
during the fiscal year for which the appropriation is made. The salaries
that are fixed by ordinance for those officers who
hold elective office for a
definite term shall neither be increased nor diminished during that
term and shall be fixed at least 180 days before the beginning of the terms
of the officers whose compensation is to be fixed.
(Source: P.A. 90-210, eff. 7-25-97.)
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(65 ILCS 5/3.1-50-15) (from Ch. 24, par. 3.1-50-15)
Sec. 3.1-50-15. Compensation of members of corporate authorities.
(a) The
ordinance fixing compensation for members of the corporate authorities
shall specify whether those members are to be compensated (i) at an annual
rate or (ii) for each meeting of the corporate authorities actually
attended if public notice of the meeting was given.
(b) Each member of the corporate authorities may receive reimbursement
from the municipality for
expenses incurred by the member in attending committee meetings of the
corporate authorities or for other expenses incurred by the member
in the course of performing official duties.
(Source: P.A. 100-201, eff. 8-18-17.)
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(65 ILCS 5/3.1-50-20) (from Ch. 24, par. 3.1-50-20)
Sec. 3.1-50-20.
Compensation of employees.
The compensation of
employees shall be determined by the corporate
authorities.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-50-25) (from Ch. 24, par. 3.1-50-25)
Sec. 3.1-50-25.
Clerk serving as collector.
In municipalities where
the
same person holds the elective office of
municipal clerk and the appointive office of municipal collector, the
corporate authorities may provide by ordinance for that person to receive
the compensation provided for each of these offices.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 3.1 Div. 55 heading) DIVISION 55.
MISCELLANEOUS PROVISIONS
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(65 ILCS 5/3.1-55-5) (from Ch. 24, par. 3.1-55-5)
Sec. 3.1-55-5. Certificate of appointment. Whenever a person has been
appointed or elected to office, the
mayor or president shall issue a certificate of appointment or election,
under the corporate seal, to the municipal clerk. All officers elected or
appointed under this Code, except the municipal clerk, alderperson, mayor,
trustees, and president, shall be commissioned by warrant, under the
corporate seal, signed by the municipal clerk and the mayor, acting mayor,
or mayor pro tem, or presiding officer of the corporate authorities.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/3.1-55-10)
Sec. 3.1-55-10. Interests in contracts.
(a) A municipal officer shall not be financially interested directly
in the officer's own name or indirectly in the name of any other person,
association, trust, or corporation, in any contract, work, or business of
the municipality or in the sale of any article whenever the expense,
price, or consideration of the contract, work, business, or sale is paid
either from the treasury or by an assessment levied by statute or
ordinance. A municipal officer shall not be interested, directly or
indirectly, in the purchase of any property that (i) belongs to the
municipality, (ii) is sold for taxes or assessments, or (iii) is sold by virtue
of legal process at the suit of the municipality. For the purposes of this
Section only, however, a municipal officer shall not be deemed interested if
the officer is an employee of a company or owns or holds an interest of 1% or
less in the municipal officer's individual name in a company, or both, that
company is involved in the transaction of business with the municipality, and
that company's stock is traded on a nationally recognized securities market,
provided the interested member (i) publicly discloses the fact that he or she
is an employee or holds an interest of 1% or less in a company
before deliberation of the proposed award of the contract; (ii) refrains from
evaluating, recommending, approving, deliberating, or otherwise participating
in the negotiation, approval, or both, of the contract, work, or business;
(iii) abstains from voting on the award of the contract though he or she shall
be considered present for purposes of establishing a quorum; and (iv) the
contract is approved by a majority vote of those members currently holding
office.
A municipal officer shall not be deemed interested if the officer owns or
holds an interest of 1% or less, not in the officer's individual name but
through a mutual fund or exchange-traded fund, in a company, that company is involved in the
transaction of business with the municipality, and that company's stock is
traded on a nationally recognized securities market.
This Section does not prohibit any person serving on a municipal advisory
panel or commission or nongoverning board or commission from having an
interest in a contract, work, or business of the municipality unless the
municipal officer's duties include evaluating, recommending, approving, or
voting to recommend or approve the contract, work, or business.
(b) Any elected or appointed member of the governing body may, however,
provide materials, merchandise, property, services, or labor, subject to the
following provisions under either (1) or (2):
(1) If:
(A) the contract is with a person, firm, | ||
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(B) the interested member publicly discloses the | ||
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(C) the interested member abstains from voting on | ||
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(D) the contract is approved by a majority vote | ||
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(E) the contract is awarded after sealed bids to | ||
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(F) the award of the contract would not cause the | ||
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(2) If:
(A) the award of the contract is approved by a | ||
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(B) the amount of the contract does not exceed | ||
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(C) the award of the contract would not cause the | ||
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(D) the interested member publicly discloses the | ||
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(E) the interested member abstains from voting on | ||
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(b-5) In addition to the above exemptions, any elected or appointed member
of the governing body may provide materials, merchandise, property, services,
or labor if:
(1) the contract is with a person, firm, partnership, | ||
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(2) the award of the contract is approved by a | ||
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(3) such interested member publicly discloses the | ||
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(4) such interested member abstains from voting on | ||
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(c) A contract for the procurement of public utility services by a
municipality with a public utility company is not barred by this Section
by one or more members of the governing body being an officer or
employee of the public utility company, or holding an ownership interest
in no more than 7 1/2% in the public utility company, or holding an ownership
interest of any size if the municipality has a population of less than
7,500 and the public utility's rates are approved by the Illinois Commerce
Commission. An elected or appointed member of the governing body or a
nongoverning board or commission having an interest described in this
subsection (d) does not have a prohibited interest under this Section.
(d) An officer who violates this Section is guilty of a Class 4 felony.
In addition, any office held by an officer so convicted shall become vacant
and shall be so declared as part of the judgment of the court.
(e) Nothing contained in this Section, including the restrictions set forth
in subsections (b) and (c), shall preclude a contract of deposit of moneys,
loans, or other financial services by a municipality with a local bank or local
savings and loan association, regardless of whether a member of the governing
body of the municipality is interested in the bank or savings and loan
association as an officer or employee or as a holder of less than 7 1/2% of
the total ownership interest. A member holding an interest described in this
subsection (e) in a contract does not hold a prohibited interest for purposes
of this Act. The interested member of the governing body must publicly state
the nature and extent of the interest during deliberations concerning the
proposed award of the contract but shall not participate in any further
deliberations concerning the proposed award. The interested member shall
not vote on the proposed award. A member abstaining from participation in
deliberations and voting under this Section may be considered present for
purposes of establishing a quorum. Award of the contract shall require approval
by a majority vote of those members presently holding office. Consideration
and award of a contract in which a member is interested may only be made at a
regularly scheduled public meeting of the governing body of the municipality.
(f) Notwithstanding any other provision of this Section or any other law
to the contrary, until January 1, 1994, a member of the city council of a
municipality with a population under 20,000 may purchase real estate from the
municipality, at a price of not less than 100% of the value of the real estate
as determined by a written MAI certified appraisal or by a written certified
appraisal of a State certified or licensed real estate appraiser, if the
purchase is approved by a unanimous vote of the city council members then
holding office (except for the member desiring to purchase the real estate,
who shall not vote on the question).
(g) Under either of the following circumstances, a municipal officer may hold a position on the board of a not-for-profit corporation that is interested in a contract, work, or business of the municipality: (1) If the municipal officer is appointed by the | ||
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(2) If the municipal officer is not appointed to the | ||
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(Source: P.A. 96-277, eff. 1-1-10; 96-1058, eff. 7-14-10.)
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(65 ILCS 5/3.1-55-15) (from Ch. 24, par. 3.1-55-15)
Sec. 3.1-55-15.
Misconduct.
Every municipal officer who is guilty of
a
culpable omission
of duty, or who is guilty of willful and corrupt oppression, malconduct, or
misfeasance in the discharge of the duties of office, shall be guilty
of a business offense and, on conviction, shall be fined not less than $501
nor more than $1,000. The court entering the conviction shall
enter an order
removing the convicted officer from office.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-55-20) (from Ch. 24, par. 3.1-55-20)
Sec. 3.1-55-20.
Appeal to finance committee.
In the adjustment of the
accounts of the municipal collector or
municipal treasurer with the municipal clerk or municipal comptroller, if
there is one, there shall be an appeal to the finance committee of the
corporate
authorities, whose decision in all matters of controversy arising between
these officers shall be final unless the corporate authorities
provide otherwise.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-55-25)
Sec. 3.1-55-25.
Automatic abandonment of a form of municipal
government. Notwithstanding the provisions of Sections 4-10-1, 5-5-1, 5-5-1.1,
5-5-2, 5-5-3, 5-5-4, 5-5-5, and 5-5-6 and any other provisions of this Act, if
a
municipality adopts a different form of municipal government under Article 4,
5, or 6, then its current form of municipal government is automatically
abandoned when the new form of municipal government takes effect.
(Source: P.A. 92-727, eff. 7-25-02.)
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(65 ILCS 5/Art. 4 heading) ARTICLE 4
COMMISSION FORM GOVERNMENT
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(65 ILCS 5/Art. 4 Div. 1 heading) DIVISION 1.
GENERAL PROVISIONS
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(65 ILCS 5/4-1-1) (from Ch. 24, par. 4-1-1)
Sec. 4-1-1.
This article shall be known, may be cited, and is hereafter
designated as "The Commission Form of Municipal Government."
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-1-2) (from Ch. 24, par. 4-1-2)
Sec. 4-1-2. Definitions. In this Article, unless the context
otherwise requires:
(a) Any office or officer named in Any act referred to in this Article,
when applied to cities or villages under the commission form of municipal
government, means the office or officer having the same functions or duties
under this Article or under ordinances passed by authority of this
Article.
(b) "Commissioner", "alderperson", or "village trustee" means
commissioner when applied to duties under this Article.
(c) "City council", "board of
trustees", or
"corporate authorities" means "council" when applied to duties under this
Article.
(d) "Franchise" includes every special privilege or right in the
streets, alleys, highways, bridges, subways, viaducts, air, waters, public
places, and other public property that does not belong to the citizens
generally by common right, whether granted by the State or the city or
village.
(e) "City" includes village.
(f) "Municipal" or "municipality" means either city or village.
(g) "Treating" means the entertaining of a person with food, drink,
tobacco, or drugs.
(h) "Treats" means the food, drink, tobacco, or drugs, requested,
offered, given, or received, in treating or for the entertainment of a
person.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/4-1-3) (from Ch. 24, par. 4-1-3)
Sec. 4-1-3.
Any municipality which has heretofore adopted the commission
form of municipal government and is functioning under that form of
government immediately prior to the effective date of this Code shall be
treated as having adopted this article.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-1-4) (from Ch. 24, par. 4-1-4)
Sec. 4-1-4.
The provisions of Article 3 shall apply to all officers
elected or appointed under this Article 4 unless otherwise provided or
unless there is a conflict between the provisions of this Article 4 and the
provisions of Article 3. In the event of such conflict, the provisions of
this Article 4 shall control.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 4 Div. 2 heading) DIVISION 2.
ORGANIZATION
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(65 ILCS 5/4-2-1) (from Ch. 24, par. 4-2-1)
Sec. 4-2-1.
All municipalities not exceeding 200,000 population which are
treated as properly incorporated, or which hereafter are incorporated,
under this Code, in addition to all rights, powers, and authority conferred
upon them elsewhere in this Code, shall have the rights, powers, and
authority conferred in this article, by proceeding as hereinafter provided.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-2-2) (from Ch. 24, par. 4-2-2)
Sec. 4-2-2.
Electors of any municipality, equal in number to 1/10 the
number of votes cast for all candidates for mayor or president
at the last preceding municipal election for such officer, may petition
the circuit court for the county in which that municipality is located to
cause to be submitted to a vote of the electors of that municipality the
proposition whether the municipality shall adopt this article.
Upon submission of such petition the court shall set a date not less than
10 nor more than 30 days thereafter for a hearing on the sufficiency thereof.
Notice of the filing of such petition and of such date shall be given in
writing to the city or village clerk and to the mayor or village president
at least 7 days before the date of such hearing.
The court shall treat the petition
and enter appropriate orders to certification and submission in accordance
with the general election law.
(Source: P.A. 81-1489.)
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(65 ILCS 5/4-2-3) (from Ch. 24, par. 4-2-3)
Sec. 4-2-3.
The petition provided in Section 4-2-2 shall be
substantially in the following form and in accordance with the general election
law: to the circuit court of the County
of (name of county):
We, the undersigned electors of the city (or village) of (name of
city or village), respectfully petition your honor to submit to a vote
of the electors of (name of city or village), the following proposition:
Shall the city (or village) of.... adopt the commission form of
municipal government?
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(Source: P.A. 81-1489.)
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(65 ILCS 5/4-2-5) (from Ch. 24, par. 4-2-5)
Sec. 4-2-5.
The proposition
shall be in substantially the following form:
Shall the city (or village) of YES.... adopt the commission form of municipal government? NO
If a majority of the electors voting upon this proposition vote Yes,
this article is adopted in that municipality. This article shall go into
operation in such city or village upon the date of the next general
municipal election.
If a majority of the electors voting upon this proposition vote No,
the proposition shall not be submitted again in that municipality for 22 months.
(Source: P.A. 81-1489.)
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(65 ILCS 5/4-2-6) (from Ch. 24, par. 4-2-6)
Sec. 4-2-6.
A certified copy of the canvass of the votes on the
proposition specified in Section 4-2-2 shall be transmitted to the municipal
clerk, and to the
clerk of the circuit court, and by each transcribed upon the records of
his office.
(Source: P.A. 81-1489.)
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(65 ILCS 5/4-2-7) (from Ch. 24, par. 4-2-7)
Sec. 4-2-7.
Certificate of adopting commission form of government.
If
the commission form of municipal government is adopted, the
mayor or president immediately shall transmit a certificate so stating to
(i) the Secretary of State, (ii) the clerk of the
circuit court, and (iii)
the recorder of the county or counties in which the municipality is
located. These officers shall file this certificate
in their
respective offices.
(Source: P.A. 87-1119.)
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(65 ILCS 5/4-2-8) (from Ch. 24, par. 4-2-8)
Sec. 4-2-8.
The failure of the officers named in Sections 4-2-4 through
4-2-7 to perform the duties and acts imposed upon them by those sections,
shall neither invalidate nor prevent the adoption of this article.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-2-9) (from Ch. 24, par. 4-2-9)
Sec. 4-2-9.
All courts shall take judicial notice of the adoption of this
article by all municipalities adopting it.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 4 Div. 3 heading) DIVISION 3.
ELECTION OF OFFICERS
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(65 ILCS 5/4-3-1) (from Ch. 24, par. 4-3-1)
Sec. 4-3-1.
All municipalities which have adopted the commission form
of municipal government prior to August 15, 1941, shall elect a mayor and
4 commissioners at a general municipal election held
in an odd numbered year upon the expiration of the term of
office of the mayor or president, and every 4 years thereafter. The day
when elections in these municipalities shall be held shall be determined
by the provisions of the general election law.
In all municipalities which adopt this article on or after August 15, 1941,
the terms of office of all elected municipal officers (1) holding office
at the time this article is adopted, or (2) elected on the same day that
this article is adopted, or (3) elected at the next biennial election held
after the adoption,
shall expire at the end of their respective terms but not later than the
expiration of the term of office of the mayor or president who is holding
office at the time of the adoption of this article or who is elected to
the office of mayor or president on the same day that this article is adopted,
as the case may be.
All municipalities which adopt this article on or after August 15, 1941,
shall elect a mayor and 4 commissioners at a general municipal election
held in an odd numbered year upon the
expiration of the term of office of the mayor or president as provided in
the next preceding paragraph, and every 4 years thereafter. The day when
elections in these municipalities shall be held shall be determined
by the provisions of the general election law.
(Source: P.A. 81-1490.)
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(65 ILCS 5/4-3-2) (from Ch. 24, par. 4-3-2)
Sec. 4-3-2.
Whenever a municipality adopts this article it shall
discontinue its division into wards. The mayor and 4 commissioners of the
municipality shall be nominated and elected at large.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-3-3) (from Ch. 24, par. 4-3-3)
Sec. 4-3-3.
The mayor and commissioners elected under Section 4-3-1 shall
be known as the council.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-3-4) (from Ch. 24, par. 4-3-4)
Sec. 4-3-4.
Terms of office; vacancy.
(a) Except as otherwise provided in
this article, the mayor and
commissioners elected under Section 4-3-1 shall hold their respective offices
for the term of 4 years and until their successors are elected and have
qualified.
(b) If a vacancy occurs in any of these offices, the remaining members
of the
council, within 30 days after the vacancy occurs, shall
appoint a person to fill the vacancy
for the balance of the unexpired term or until the vacancy is filled
by interim election under Section 3.1-10-50 and until the successor is
elected and has qualified.
(Source: P.A. 87-1119.)
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(65 ILCS 5/4-3-5)
Sec. 4-3-5. (Repealed).
(Source: P.A. 91-57, eff. 6-30-99. Repealed by P.A. 95-699, eff. 11-9-07.)
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(65 ILCS 5/4-3-6) (from Ch. 24, par. 4-3-6)
Sec. 4-3-6.
The provisions
of the general election law shall apply to and govern
all elections held under this article.
(Source: P.A. 81-1490.)
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(65 ILCS 5/4-3-7) (from Ch. 24, par. 4-3-7)
Sec. 4-3-7.
Any person desiring to become a candidate for nomination for
mayor or commissioner shall file with the municipal clerk, or, in those
municipalities having a board of election commissioners, with the clerk
of that board, a statement of his candidacy, in the form provided in the
general election law. This statement shall be filed at the time provided
in the general election law.
This statement shall be sworn (or affirmed) before an officer,
in which the person making the statement resides, authorized to
administer oaths. If the municipality has voted, as provided in Section
4-3-19, to require candidates for commissioner to run for a specific office,
a statement of candidacy for commissioner shall specify whether the candidacy
is for commissioner of accounts and finances, commissioner of public health
and safety, commissioner of streets and public improvements, or commissioner
of public property. No person shall file statements
of candidacy for both mayor and commissioner or for more than one of the
commissioner offices.
Any person having filed as a candidate for mayor or commissioner may withdraw
within the time provided in the general election law.
(Source: P.A. 81-1490.)
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(65 ILCS 5/4-3-8) (from Ch. 24, par. 4-3-8)
Sec. 4-3-8.
At the same time that one files his statement of candidacy
he shall also file with the clerk specified in Section 4-3-7 a petition
requesting his candidacy. Such petition shall contain a number of signatures
of electors, residing within the same municipality as the candidate, equal
to at least 1% of the total vote cast at the last preceding election in
the municipality for mayor. This petition shall be in substantially the
form provided in the general election law.
(Source: P.A. 81-1490.)
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(65 ILCS 5/4-3-10)
Sec. 4-3-10. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 95-699, eff. 11-9-07.)
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(65 ILCS 5/4-3-10.1)
Sec. 4-3-10.1. (Repealed).
(Source: Laws 1965, p. 2677. Repealed by P.A. 95-699, eff. 11-9-07.)
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(65 ILCS 5/4-3-13)
Sec. 4-3-13. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 95-699, eff. 11-9-07.)
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(65 ILCS 5/4-3-14)
Sec. 4-3-14. (Repealed).
(Source: Laws 1961, p. 576. Repealed by P.A. 95-699, eff. 11-9-07.)
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(65 ILCS 5/4-3-16) (from Ch. 24, par. 4-3-16)
Sec. 4-3-16. Upon the ballots for the general municipal election the names
of the nominees for mayor shall be placed first, in substantially the form
specified in this section. Following these names, the names of the nominees
for commissioners shall appear under each office, in substantially the form
specified in this section; provided that if the municipality has voted,
as provided in Section 4-3-19, to require candidates for commissioner to
run for a specific office, the names of the candidates for commissioner
of public accounts and finances, commissioner of public health and safety,
commissioner of streets and public improvements, and commissioner of public
property, respectively, shall appear
under the designation of the applicable office, in substantially the form
specified in Section 4-3-16.1.
The ballots shall be in the form provided by the general election law, except
as herein otherwise provided, but they shall designate no party, platform,
political principle, appellation, or mark whatever. Nor shall any circle
be printed at the head of the ballots. Except where candidates for commissioner
are required to run for a specific office, the ballots shall be in substantially
the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF....
AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
( ) JOHN JONES.
( ) JAMES SMITH.
FOR COMMISSIONERS
(VOTE FOR NOT MORE THAN FOUR)
( ) HARRY BROWN.
( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
(Source: P.A. 95-862, eff. 8-19-08.)
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(65 ILCS 5/4-3-16.1) (from Ch. 24, par. 4-3-16.1)
Sec. 4-3-16.1.
If the municipality has voted, as provided in Section
4-3-19, to require candidates for commissioner to run for a specific
office, the ballots for the general municipal election shall be in
substantially the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF ....
AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
( ) JOHN JONES. ( ) JAMES SMITH.
FOR COMMISSIONER OF ACCOUNTS
AND FINANCES
(VOTE FOR ONE)
( ) HARRY BROWN. ( ) ROBERT BUCK.
FOR COMMISSIONER OF PUBLIC HEALTH
AND SAFETY
(VOTE FOR ONE)
( ) GEORGE MILLER. ( ) ARTHUR ROBBINS.
FOR COMMISSIONER OF STREETS AND
PUBLIC IMPROVEMENTS
(VOTE FOR ONE)
( ) JOSEPH TROUT. ( ) THOMAS WILLIAMS.
FOR COMMISSIONER OF PUBLIC PROPERTY
(VOTE FOR ONE)
( ) JAMES J. JEFFRIES. ( ) JAMES SMITH.
(Source: Laws 1965, p. 2677.)
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(65 ILCS 5/4-3-17) (from Ch. 24, par. 4-3-17)
Sec. 4-3-17.
All general municipal elections under this
article shall be held, conducted, and contested under the provisions of
the general election law, except that the contest of
the election of mayor and commissioners shall be conducted in the circuit
court. The council under this article shall not be the judge
of the election and qualification of its members.
(Source: P.A. 81-1490.)
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(65 ILCS 5/4-3-18) (from Ch. 24, par. 4-3-18)
Sec. 4-3-18.
All officers, assistants, and employees in any municipality
under the commission form of municipal government shall be elected or
appointed in accordance with this article with reference to their
qualifications and fitness and for the good of the public service, and
without reference to their political or religious faith or party
affiliations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-3-19) (from Ch. 24, par. 4-3-19)
Sec. 4-3-19.
Any municipality subject to this Article may, by a vote
of the electors thereof as hereinafter provided, elect to require
candidates for commissioner to run for a specific office.
The question of requiring candidates for commissioner to run for a
specific office shall be certified by the municipal clerk to the proper
election authority who shall submit the proposition
to the electors of the municipality upon a resolution adopted by
the council or upon petition filed with the municipal clerk and signed by electors of
the municipality equal in number to at least 10% of the number of votes
cast for the candidates for mayor at the last preceding general
quadrennial municipal election. The proposition shall be in substantially
the following form:
Shall candidates for commissioner YESin the city (or village) of...... be required to run for a specific office? NO
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, candidates for commission shall
thereafter run for the specific office of commissioner of accounts and
finances, commissioner of public health and safety, commissioner of
streets and public improvements, or commissioner of public property, and
the electors of the municipality shall, at each general municipal
election thereafter, elect one person to each such specific office,
rather than electing four commissioners without further designation.
(Source: P.A. 81-1489.)
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(65 ILCS 5/4-3-20) (from Ch. 24, par. 4-3-20)
Sec. 4-3-20.
Any municipality which has adopted the provisions of
Section 4-3-19 may by referendum elect to require candidates for the
office of commissioner to run without designation as provided under
Sections 4-3-10 and 4-3-16.
The question of requiring candidates to run for the office of
commissioner without designation rather than for a specific office may
be submitted to the electors of the municipality by the council or upon
a petition signed by electors of the
municipality equal in number to at least 10% of the number of votes cast
for candidates for mayor at the last preceding general quadrennial
municipal election. Such question shall be
certified by the municipal clerk to the proper election authorities who
shall submit the proposition at an election in accordance with the general
election law. The question shall be in substantially the following form:
Shall candidates for commissioner YESin the city (or village) of..... no longer be required to run fora specific office? NO
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, candidates for commissioner shall
thereafter run for the office of commissioner without designation and
not for any specific office in the manner as provided in Sections 4-3-10
and 4-3-16.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 4 Div. 4 heading) DIVISION 4.
OATHS AND BONDS
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(65 ILCS 5/4-4-1) (from Ch. 24, par. 4-4-1)
Sec. 4-4-1.
Oath or affirmation.
Before entering upon the duties of
their respective offices,
all officers elected or appointed under this Article shall take and
subscribe the oath or affirmation prescribed by the Illinois
Constitution. This oath or affirmation, when
subscribed, shall be filed with the municipal clerk.
(Source: P.A. 87-1119.)
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(65 ILCS 5/4-4-2) (from Ch. 24, par. 4-4-2)
Sec. 4-4-2.
Bond of officers.
(a) Before entering upon the duties of their respective offices,
the mayor, each commissioner, municipal clerk, municipal treasurer, and other
officers and employees designated by the council by
ordinance shall execute bonds with good and sufficient security to be
approved by the council, payable to the municipality in the penal
sums directed by ordinances, conditioned for the faithful performance of
the duties of the office and the payment of all money received by the
officer, according to law and the municipal ordinances.
(b) The bonds of the mayor and commissioners, however, shall not be
fixed at
less than $3,000.
(c) The bonds of all municipal officers
except the municipal
clerk shall be filed with, recorded, and preserved by the municipal clerk.
The bond of the municipal clerk shall be filed with, recorded, and
preserved by the municipal treasurer. The treasurer's bond shall be in an
amount of dollars that is not less than the greater of $50,000 or 3 times the latest Federal
census population or any subsequent census figure used for Motor Fuel Tax
purposes.
(Source: P.A. 87-738; 87-1119.)
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(65 ILCS 5/Art. 4 Div. 5 heading) DIVISION 5.
FUNCTIONS AND DUTIES OF
COUNCIL AND OFFICERS
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(65 ILCS 5/4-5-1) (from Ch. 24, par. 4-5-1)
Sec. 4-5-1.
Every municipality which has the commission form of municipal
government shall be governed by a council, consisting of the mayor and 4
commissioners, as provided in this article.
The mayor shall be the president of the council and preside at its
meetings, and he shall supervise all departments and report to the council
for its action all matters requiring attention in any department. The
commissioner of accounts and finances shall be vice president of the
council, and in case of a vacancy in the office of mayor or the absence or
inability of the mayor, shall perform the duties of the mayor.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-2) (from Ch. 24, par. 4-5-2)
Sec. 4-5-2.
The council and its members shall possess and exercise all
executive, administrative, and legislative powers and duties now possessed
and exercised by the executive, legislative, and administrative officers in
municipalities which are treated as properly incorporated under this Code
or which hereafter incorporate under this Code, except that in
municipalities under the commission form of municipal government, the board
of local improvements provided for by Article 9 shall remain a separate
and distinct body, with all the rights, powers, and duties contained in
Article 9.
The executive and administrative powers and duties in municipalities
under the commission form of municipal government shall be distributed
among 5 departments, as follows:
1. Department of public affairs.
2. Department of accounts and finances.
3. Department of public health and safety.
4. Department of streets and public improvements.
5. Department of public property.
The council, by ordinance, (1) shall determine the powers of and duties
to be performed by each department and shall assign them to the appropriate
departments; (2) shall prescribe the powers and duties of officers and
employees, and may assign officers and employees to one or more of the
departments; (3) may require an officer or employee to perform duties in 2
or more departments; and (4) may make such rules and regulations as may be
necessary or proper for the efficient and economical conduct of the
business of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-3) (from Ch. 24, par. 4-5-3)
Sec. 4-5-3.
Except where candidates for commissioner are required to run
for a specific office, the council, at the first regular meeting after an
election of a member or members, shall designate by a majority vote one
commissioner to be commissioner of accounts and finances, one to be
commissioner of public health and safety, one to be commissioner of streets
and public improvements, who ex officio shall be commissioner of public
works, and one to be commissioner of public property. This designation may
be changed by the council whenever it appears that the public service would
be benefited thereby. The mayor shall be commissioner of public affairs.
The commissioner of each department shall be superintendent of that
department.
If the municipality has voted, as provided in Section 4-3-19, to require
candidates for commissioner to run for a specific office, each commissioner
shall be superintendent of the department bearing the same designation as
the office to which he was elected. The mayor shall be commissioner of
public affairs. The Commissioner of streets and public improvements shall
be, ex-officio, commissioner of public works.
(Source: Laws 1965, p. 2677.)
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(65 ILCS 5/4-5-4) (from Ch. 24, par. 4-5-4)
Sec. 4-5-4.
Establishment of certain offices; police and legal
departments in cities over 50,000.
(a) At the first regular meeting after the
general election of its
members or as soon as practicable after the election,
the council in its
discretion, as determined by a majority vote, may appoint, by a
majority
vote, the following officers: city clerk, corporation counsel, city
attorney, assistant city attorney, city treasurer, library trustees,
commissioner of streets and public improvements, superintendent of
streets, superintendent of special assessments, superintendent of sewers,
city engineer, and
any additional officers that the council considers
necessary or expedient. The commissioner of streets and public
improvements under this Article shall be ex-officio the commissioner of
public works and a member of the board of local improvements as and when
provided for by Article 9. If, however, it is provided by ordinance that a
superintendent of streets shall be appointed by the commissioner of streets
and public improvements, the council shall have no power to appoint the
superintendent of streets. If it is provided by law that the
superintendent of streets shall be a member of the board of local
improvements, the fact that the superintendent of streets is
appointed by the commissioner of streets
and public improvements shall not bar the superintendent of streets from membership on the board of
local improvements.
(b) In all cities of over 50,000 population that have
adopted or that may
hereafter adopt this Article and Sections 10-1-1 through 10-1-45, the
police departments shall be assigned to and shall be a part of the
department of public affairs, and the corporation counsel, city attorney,
assistant city attorney, and all other members of the legal department
shall be assigned to the department of public affairs and shall be
appointed by the mayor as the commissioner of that department.
(Source: P.A. 87-1119.)
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(65 ILCS 5/4-5-5) (from Ch. 24, par. 4-5-5)
Sec. 4-5-5.
The council has the right and power to appoint and discharge
the heads of all principal departments subordinate to the departments
provided for in Section 4-5-2. The commissioner of each department,
however, may be vested by ordinance with the sole right and power to
appoint and discharge the heads of all principal departments subordinate to
the department of which he is the commissioner. But in all municipalities
which are treated as having adopted or which may hereafter adopt Sections
10-2-1 through 10-2-23, the chief of police and chief of the fire
department shall be appointed and discharged only as provided in Sections
10-2-1 through 10-2-23.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-6) (from Ch. 24, par. 4-5-6)
Sec. 4-5-6.
In all municipalities in which Sections 10-1-1 through 10-1-45
are not in effect, all officers, assistants, and employees of each
department specified in Section 4-5-2, except those elected or appointed as
provided in Sections 4-5-3 through 4-5-5, shall be appointed by the
commissioner of the department to which they are appointed, and may be
discharged by him when in his judgment the efficient conduct of municipal
affairs so demands. However, in all municipalities in which Sections 10-1-1
through 10-1-45 and Sections 10-2-1 through 10-2-23 are not in effect, all
officers and members of the fire and police departments, except those
elected or appointed as provided in Sections 4-5-3 through 4-5-5, shall be
appointed by the commissioner of the department, specified in Section
4-5-2, to which the powers of and duties to be performed by the fire
department and the police department, respectively, are assigned, and may
be discharged by him when in his judgment the efficient conduct of
municipal affairs so demands.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-7) (from Ch. 24, par. 4-5-7)
Sec. 4-5-7.
(a) In all cities in which Sections 10-1-1 through 10-1-45 are
in effect, all municipal officers, assistants, and employees, except those
specified in Sections 4-5-2 through 4-5-5, and in paragraph (b) of this
Section shall be appointed and discharged only as provided in Sections
10-1-1 through 10-1-45. For the purpose of the performance of the duties
imposed upon, and the exercise of the powers and authority vested in, the
head of a department or office by Sections 10-1-1 through 10-1-45, the
commissioner of each department, specified in Section 4-5-2, shall be
considered the head of the department or office under Sections 10-1-1
through 10-1-45.
(b) In all municipalities in which Sections 10-2-1 through 10-2-23 are
in effect, all officers and members of the fire and police departments of
those municipalities, including the chief of police and chief of the fire
department, shall be appointed and discharged only as provided in Sections
10-2-1 through 10-2-23.
(c) Nothing in this Article shall prevent any city which adopts the
commission form of municipal government from adopting Sections 10-1-1
through 10-1-45, or, when of the required population, from adopting
Sections 10-2-1 through 10-2-23, or from adopting Sections 10-2-1 through
10-2-23 and Sections 10-1-1 through 10-1-45.
(d) In all municipalities which are treated as having adopted Sections
10-2-1 through 10-2-23 before January 1, 1942, and which have also adopted
the commission form of municipal government before January 1, 1942,
Sections 10-2-1 through 10-2-23 shall continue in force in that
municipality in like manner as such sections would have continued in force
therein if the commission form of municipal government had not been adopted
therein. But the council shall have the right and power to appoint and
discharge the board of fire and police commissioners.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-8) (from Ch. 24, par. 4-5-8)
Sec. 4-5-8.
The council has the power, by ordinance, to create, fill, and
discontinue offices and employment other than those prescribed in this
article, according to its judgment of the needs of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-9) (from Ch. 24, par. 4-5-9)
Sec. 4-5-9.
Except as otherwise provided in this article or by law, any
officer or employee who has been elected or appointed by the council in
accordance with the provisions of this article may be removed from office
at any time by a vote of a majority of the council members.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-10) (from Ch. 24, par. 4-5-10)
Sec. 4-5-10.
The council has the power to make proper regulations for the
inspection of all plants and machinery of any person exercising any right,
grant, or franchise from any municipality adopting, or which is treated as
having adopted, this article. The council and their authorized agents have
the power to make all necessary examinations of any plant, appliances, or
apparatus for the purpose of making the necessary tests to see that such
person complies with the regulations of the council with reference to the
quality and the character of the commodity or service furnished. The
council has the power to specify, determine, and regulate the quality and
character of gas and electricity furnished to the municipality and to its
residents. The municipality has the power to perform all acts necessary to
give effect to this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
Sec. 4-5-11. Except as otherwise provided, all contracts, of whatever
character, pertaining to public improvement, or to the maintenance of
the public property of a municipality involving an outlay of $10,000 or
more, shall be based upon specifications to be approved by the council.
Any work or other public improvement which is not to be paid for in
whole or in part by special assessment or special taxation, when the
expense thereof will exceed $25,000, shall be constructed as follows:
(1) By a contract let to the lowest responsible | ||
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(2) In the following manner, if authorized by a vote | ||
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Nothing contained in this Section shall apply to any contract by a
municipality with the United States of America or any agency thereof.
(Source: P.A. 100-338, eff. 8-25-17.)
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(65 ILCS 5/4-5-12) (from Ch. 24, par. 4-5-12)
Sec. 4-5-12.
Regular meetings of the council shall be held on the first
Monday after the mayor and commissioners have entered upon the performance
of their official duties, and at least twice each month thereafter. The
council shall provide by ordinance for the holding of regular meetings.
Special meetings may be called from time to time by the mayor or by 2
commissioners upon giving notice of not less than 24 hours to all members
of the council. Public notice of meetings must also be given as prescribed
in Sections 2.02 and 2.03 of "An Act in relation to meetings", approved
July 11, 1957, as heretofore or hereafter amended. All meetings of the
council, whether regular or special, shall be open to the public.
The mayor and each commissioner shall have the right to vote on all
questions coming before the council. Three members of the council shall
constitute a quorum, and the affirmative vote of 3 members shall be
necessary to adopt any motion, resolution, or ordinance, unless a greater
number is provided for by this article.
Upon every vote the "yeas" and "nays" shall be called and recorded.
Every motion, resolution, or ordinance shall be reduced to writing and read
before a vote is taken thereon, and all council members present at any
meeting shall vote thereon. The style of all ordinances shall be: "Be it
ordained by the council of the city (or village) of ....."
The mayor shall have no power to veto, but every resolution, ordinance
or warrant passed or ordered by the council must be signed by the mayor, or
by 2 commissioners, and all ordinances and resolutions shall be filed for
record, before they shall be in force.
(Source: Laws 1967, p. 1909.)
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(65 ILCS 5/4-5-13) (from Ch. 24, par. 4-5-13)
Sec. 4-5-13.
Every ordinance or resolution appropriating any money, or
ordering any street improvement or sewer, or making or authorizing the
making of any contract, or granting any franchise, right, or license to
occupy or use the streets, alleys, highways, bridges, viaducts, public
property, or public places in the municipality for any purpose, shall
remain on file with the municipal clerk for public inspection, in the form
in which it is finally passed, at least one week before the final passage
thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-16) (from Ch. 24, par. 4-5-16)
Sec. 4-5-16. Statement of receipts and expenses; examination of books
and accounts; expenditure greater than appropriation.
(a) In municipalities with
25,000 or more inhabitants, the council
each month shall print in pamphlet form, a detailed itemized statement of
all receipts and expenses of the municipality and a summary of its
proceedings during the preceding month. In municipalities with fewer than
25,000 inhabitants, the council shall print a similar statement
annually
instead of monthly. The council shall furnish printed copies of each
statement
to (i) the State Library, (ii) the city library,
(iii) all the daily and
weekly newspapers with a general circulation in the municipality, and (iv)
persons who apply for a copy at the office of the municipal clerk.
(b) At the end of each fiscal year, the council shall have licensed Certified Public Accountants permitted to perform audits under the Illinois Public Accounting Act make a full and complete examination of all books and accounts
of the municipality and shall distribute the result of
that examination in
the manner provided in this Section.
(c) It is unlawful for the council or any commissioner to expend, directly
or indirectly, a greater amount for any municipal purpose than the amount
appropriated for that purpose in the annual appropriation ordinance passed
for that fiscal year. A violation of this provision by any member of the
council shall constitute a petty offense.
(Source: P.A. 93-486, eff. 1-1-04; 94-465, eff. 8-4-05.)
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(65 ILCS 5/4-5-17) (from Ch. 24, par. 4-5-17)
Sec. 4-5-17.
If, at the beginning of the term of office of the first
council elected in a municipality after that municipality has adopted the
commission form of municipal government, the appropriation for the
expenditures of the municipal government for the current fiscal year has
been made, that first council shall have the power by ordinance to revise
or repeal that appropriation and to make an additional appropriation in the
manner and within the time provided by law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4-5-22) (from Ch. 24, par. 4-5-22)
Sec. 4-5-22.
Treasurer; duties.
In addition to the duties now imposed
by law upon a municipal
treasurer, the treasurer of a municipality under the commission form of
municipal government shall deposit all money the treasurer
receives from all sources
of revenue, to his or her credit as treasurer of the municipality, in one
or more
places of deposit designated in the same manner and subject to the same
conditions as provided in Section 3.1-35-50.
The treasurer (i) shall collect any interest
paid on these
deposits, (ii) shall report that interest in the
treasurer's next statement
following its collection, and (iii) shall credit the interest to
the
particular fund of the municipality upon which the interest accrued. This
interest shall be treated as a part of that particular fund and shall be
subject to use for any purpose for which the fund may be used.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 4 Div. 6 heading) DIVISION 6.
COMPENSATION OF OFFICERS
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(65 ILCS 5/4-6-1) (from Ch. 24, par. 4-6-1)
Sec. 4-6-1.
The mayor and each commissioner shall have an office at the
municipal building or rooms, and shall devote such time to the duties of their
respective offices as a faithful discharge thereof may require.
The total and only compensation of the mayor for the performance of his
duties shall be an annual salary, which shall be established by the council
prior to the mayoral election. The total and only compensation of each
commissioner for the performance of his duties shall be an annual salary
which shall be established by the council prior to the election in which
commissioners are elected. An increase or decrease in the salary of any
such official shall not take effect during the term for which he is
elected.
(Source: P.A. 85-784; 85-854.)
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(65 ILCS 5/4-6-2) (from Ch. 24, par. 4-6-2)
Sec. 4-6-2.
All officers and employees, except those specified in Section 4-6-1,
shall receive the salary or compensation which the council shall provide by
ordinance, resolution, or motion, payable monthly or at such shorter
periods as the council may determine.
(Source: P.A. 78-439.)
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(65 ILCS 5/Art. 4 Div. 8 heading) DIVISION 8.
PENALTIES
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(65 ILCS 5/4-8-2) (from Ch. 24, par. 4-8-2)
Sec. 4-8-2.
A candidate for nomination or a nominee for any office to be
filled by a popular election under this article who, directly or
indirectly, enters into any understanding or agreement to do or not to do
any official act in the event of his election to the advantage of any
person in consideration of the influence, support, or assistance of that
person to aid in the nomination or election of the candidate or nominee, is
guilty of giving, or offering to give, a bribe, and if convicted thereof
shall be guilty of a Class C misdemeanor. If elected to office, a
conviction under this section shall effect a forfeiture of the office.
However, this section shall not prevent any candidate for nomination or
nominee from publicly outlining his position or pledging his support for,
or opposition to, any measure or prospective measure of a public nature.
(Source: P.A. 77-2500.)
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(65 ILCS 5/4-8-3) (from Ch. 24, par. 4-8-3)
Sec. 4-8-3.
A person who agrees to perform any service in the interest of a
candidate for any nomination or a nominee for any office under this
article, filled by a popular election, in consideration of money, treats,
or other valuable thing, or in consideration of an appointment to any
office or employment under this article, or any such candidate or nominee
who promises a person money or other valuable thing, or who promises to
appoint a person to an office or employment, under this article, in the
event of the nomination or election of such candidate or nominee, in
consideration of the person performing any service in the interest of such
candidate or nominee, is guilty of a Class C misdemeanor.
(Source: P.A. 77-2500.)
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(65 ILCS 5/4-8-4) (from Ch. 24, par. 4-8-4)
Sec. 4-8-4.
A person who, for the purpose of influencing an elector's vote
at any election under this article, offers to give the elector a bribe,
either in money, treats, or other consideration, or by agreeing to appoint
him to an office or employment under this article, or an elector under this
article who requests, receives, or accepts such a bribe, or who agrees to
vote for or support any candidate or nominee in consideration that the
elector will be appointed to an office or employment under this article, is
guilty of a Class B misdemeanor.
(Source: P.A. 77-2500.)
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(65 ILCS 5/4-8-5) (from Ch. 24, par. 4-8-5)
Sec. 4-8-5.
Any officer or employee under this article who in any manner
contributes money, labor, or other valuable thing to any person for
election purposes, is guilty of a Class C misdemeanor.
(Source: P.A. 77-2500.)
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(65 ILCS 5/4-8-6) (from Ch. 24, par. 4-8-6)
Sec. 4-8-6.
(a) No officer or employee elected or appointed under
this article shall be interested, directly or indirectly, in his own
name or in the name of any other person, association, trust or
corporation, in any contract for work or materials, or profits thereof,
or services to be furnished or performed for the municipality or for any
person operating a public utility wholly or partly within the
territorial limits of the municipality.
(b) However, any elected or appointed member of the governing body
may provide materials, merchandise, property, services or labor, if:
A. the contract is with a person, firm, partnership, | ||
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B. such interested member publicly discloses the | ||
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C. such interested member abstains from voting on the | ||
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D. such contract is approved by a majority vote of | ||
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E. the contract is awarded after sealed bids to the | ||
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F. the award of the contract would not cause the | ||
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(c) In addition to the above exemption, any elected or appointed
member of the governing body may provide materials, merchandise,
property, services or labor if:
A. the award of the contract is approved by a | ||
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B. the amount of the contract does not exceed $1000; | ||
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C. the award of the contract would not cause the | ||
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D. such interested member publicly discloses the | ||
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E. such interested member abstains from voting on the | ||
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(d) A contract for the procurement of public utility services by a
municipality with a public utility company is not barred by this Section
by one or more members of the governing body being an officer or
employee of the public utility company or holding an ownership interest
of no more than 7 1/2% in the public utility company, or holding an ownership
interest of any size if the municipality has a population of less than 7,500
and the public utility's rates are approved by the Illinois Commerce Commission.
An elected or
appointed member of the governing body having such an interest shall be
deemed not to have a prohibited interest under this Section.
(e) Any officer who violates this Section is guilty of a Class 4
felony and in addition thereto any office held by such person so
convicted shall become vacant and shall be so declared as part of the
judgment of the court.
(f) Nothing contained in this Section, including the restrictions
set forth in subsections (b), (c) and (d), shall preclude a contract of
deposit of monies, loans or other financial services by a municipality
with a local bank or local savings and loan association, regardless of
whether a member or members of the governing body of the municipality
are interested in such bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the total
ownership interest. A member or members holding such an interest in such
a contract shall not be deemed to be holding a prohibited interest for
purposes of this Act. Such interested member or members of the
governing body must publicly state the nature and extent of their
interest during deliberations concerning the proposed award of such a
contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the
municipality. (g) This Section applies only to an officer or employee elected or appointed under this Article who is a member of the board of an investor-owned public service corporation.
(Source: P.A. 98-128, eff. 8-2-13.)
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(65 ILCS 5/4-8-6a) (from Ch. 24, par. 4-8-6a)
Sec. 4-8-6a.
No officer or employee elected or appointed under this Article
shall request, accept, or receive, directly or indirectly, from any person
owning, operating, or leasing within or partly within the territorial
limits of the municipality, any public utility, or any water craft leaving
or entering or operating within the municipality, any service or transportation
upon terms more favorable than are granted to the public generally, or any
employment, for hire or otherwise, or any free service or transportation,
either for himself or any other person.
A violation of this Section is a petty offense. A conviction shall effect
a forfeiture of the office or employment.
The prohibition of free transportation shall not apply to policemen or
firemen in uniform, nor shall this Section affect any free service to municipal
officers or employees provided by any franchise or license, granted prior
to March 9, 1910. This Section applies only to an officer or employee elected or appointed under this Article who is a member of the board of an investor-owned public service corporation.
(Source: P.A. 98-128, eff. 8-2-13.)
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(65 ILCS 5/4-8-7) (from Ch. 24, par. 4-8-7)
Sec. 4-8-7.
No mayor or commissioner elected under this article shall be an
official of any public service corporation at the time he or she assumes office. A
violation of this section is a Class A misdemeanor. For the purposes of this Section, "official of any public service corporation" means a member of the board of an investor-owned public service corporation.
(Source: P.A. 98-128, eff. 8-2-13.)
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(65 ILCS 5/Art. 4 Div. 9 heading) DIVISION 9.
MISCELLANEOUS PROVISIONS
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(65 ILCS 5/4-9-1) (from Ch. 24, par. 4-9-1)
Sec. 4-9-1.
Appeals shall lie as in other civil cases to review the final
judgments in any proceeding under the provisions of Section
4-10-1.
(Source: P.A. 79-1361.)
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(65 ILCS 5/4-9-2) (from Ch. 24, par. 4-9-2)
Sec. 4-9-2.
Appeals may be taken as in other civil cases.
(Source: P.A. 79-1361.)
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(65 ILCS 5/4-9-3) (from Ch. 24, par. 4-9-3)
Sec. 4-9-3.
Every public utility shall provide equal and uniform service to
all residents of any municipality adopting, or which is treated as having
adopted, this article. It shall be unlawful and a sufficient ground for the
forfeiture of any franchise for a public utility to grant free service, or
to furnish better service, or to furnish service at a lower price or rate,
quantity and quality considered, to any person, or otherwise to
discriminate in the matter of rates or service between residents of any
such municipality. Whenever the council receives proof that this section is
being violated, they shall summon witnesses and investigate at once, and if
they so find, they shall immediately institute a suit to have the franchise
forfeited. However, the council shall have power by ordinance to grant a
public utility the right to grant reduced rates to persons specified in the
ordinance. Also, the council, by ordinance, may authorize any street
railway, interurban railway, bus company or other public transportation
system to transport free any member, while in uniform, of the police or
fire department of the city within the corporate limits thereof, and may
authorize the giving of such free transportation in other cases where there
is no conflict with Section 4-8-6, or with the general law of the State, or
with any act of Congress.
Any person or public utility violating this section, and any person
accepting any preference specified in this section, shall be guilty of a
Class A misdemeanor. Any person receiving any special favor or privilege
specified in this section, shall be immune from punishment in case he
testifies to any matter referred to in this section in pursuance of
subpoena from the council.
(Source: P.A. 77-2500.)
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(65 ILCS 5/4-9-4) (from Ch. 24, par. 4-9-4)
Sec. 4-9-4.
In any municipality which has adopted, or which may hereafter
adopt, the
commission form of municipal government, any public library for that
municipality shall be established, maintained, and conducted in all
respects in accordance with "An Act in relation to free public libraries
for cities, villages, incorporated towns and townships and to repeal Acts
and parts of Act therein named", approved July 12, 1965, as heretofore or
hereafter amended.
(Source: Laws 1967, p. 75.)
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(65 ILCS 5/4-9-5) (from Ch. 24, par. 4-9-5)
Sec. 4-9-5.
All acts and parts of acts in conflict with this article are
inoperative in municipalities under the commission form of municipal
government. However, nothing contained in this article shall in any way
repeal, amend, or affect (1) the law pertaining to the making of local
improvements under Article 9, or (2) any public school law in operation
in any municipality which adopts this article, anything contained in this
article to the contrary notwithstanding, or (3) any general law relating to
parks.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 4 Div. 10 heading) DIVISION 10.
ABANDONMENT OF COMMISSION FORM
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(65 ILCS 5/4-10-1) (from Ch. 24, par. 4-10-1)
Sec. 4-10-1.
Any municipality, which has operated for more than 2 years
under the commission form of municipal government, may abandon its operation
under this Article and accept the provisions of the general law of the State
then applicable to municipalities, by proceedings as follows:
When a petition signed by electors of the municipality equal in number
to at least 25% of the number of votes cast for the candidates for mayor
at the last preceding general quadrennial municipal election is filed with
the municipal clerk, the clerk shall certify the proposition
to the proper election authorities for submission to the electors
of the municipality. The proposition
shall be in substantially the following form:
Shall the city (or village) YESof.... retain the commission form of municipal government? NO
In municipalities which have adopted the City Election Law, however, this
proposition shall be filed with the clerk of that
board. However, in municipalities with less than 50,000 inhabitants this
proposition shall only be submitted within the year preceding the expiration
of the terms of office of the elective officers of the municipality and
shall not be submitted more often than once in that year.
In municipalities with 50,000 or more inhabitants this proposition shall
not be submitted more often than once in 22 months.
If a majority of the votes cast on this proposition are against the proposition,
the officers elected at the next succeeding general municipal election shall
be those then prescribed in Article 3. Upon the qualification of these officers
the municipality shall become a city or village under this Code, but this
change shall not affect in any manner or degree the property rights or liabilities
of any nature of the municipality, but shall merely extend to the change
in its form of government.
The first city council or board of trustees elected after the abandonment
of the commission form of municipal government shall have the same number
of alderpersons or trustees as were provided in the municipality at the time
of its adoption of this Article, and the municipality shall have the same
ward and precinct boundaries.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/Art. 5 heading) ARTICLE 5
MANAGERIAL FORM OF MUNICIPAL GOVERNMENT
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(65 ILCS 5/Art. 5 Div. 1 heading) DIVISION 1.
GENERAL ADOPTION PROCEDURES
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(65 ILCS 5/5-1-1) (from Ch. 24, par. 5-1-1)
Sec. 5-1-1.
All cities and villages with less than 500,000 inhabitants,
which are treated as properly incorporated, or which hereafter are
incorporated under this Code, in addition to all the rights, powers, and
authority conferred upon them elsewhere in this Code, shall have the
rights, powers and authority conferred in this Article 5, by proceeding as
provided in Section 5-1-4. For convenience this Article 5 is designated
"The Managerial Form of Municipal Government".
(Source: Laws 1963, p. 857.)
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(65 ILCS 5/5-1-2) (from Ch. 24, par. 5-1-2)
Sec. 5-1-2.
Upon this Article 5 becoming effective in any city or
village, that city or village and its officers shall be vested with all the
rights, privileges, powers and immunities conferred by Article 3 or 4, as
the case may be, in force at the time such city or village adopted this
Article 5, including the procedures for elections therein described, the
officers therein named and the duties and liabilities therein set forth,
except as modified by this Article 5.
After this Article 5 becomes effective in any city or village which was
operating under Article 4 at the time of adoption of this Article 5, the
provisions of Section 4-5-13 relating to filing certain ordinances for
public inspection shall no longer apply in such city or village.
(Source: Laws 1967, p. 2332.)
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(65 ILCS 5/5-1-3) (from Ch. 24, par. 5-1-3)
Sec. 5-1-3.
The rights, privileges, powers and immunities contained in
Articles 3 and 4 which are applicable to cities and villages operating
under this Article 5, as provided in Section 5-1-2, are modified by the
provisions of this Article 5 found in Sections 5-1-2, 5-2-3, 5-2-12 and
5-2-19.
However, if any modifications appear in any other section of this
Article 5, this section shall not operate to restrict or render void such
modification because the sections containing such modifications are omitted
from the listing of sections in this Section 5-1-3.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-1-4) (from Ch. 24, par. 5-1-4)
Sec. 5-1-4. Procedure for adopting managerial form of government.
(a) Cities and villages described in Section 5-1-1, in order
to vest themselves with the managerial form of municipal government,
shall act in accordance with the procedure provided in Sections 5-1-4
through 5-1-11 unless modified elsewhere in this Article 5. In cities
that are operating under Section 3.1-20-10 and
villages operating under
Section 3.1-25-75 at the time of the adoption of this Article 5,
the forms
of petition and ballot prescribed in Sections 5-1-5 and 5-1-7 may at the
option of the petitioners be modified to contain the following
additional proposition:
Shall (name of city or village), if it adopts the | ||
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(b) In any city operating under Section 3.1-20-10 at
the time of adoption of
this Article 5, at the option of the petitioners and in addition to the
optional proposition provided for in subsection (a), the forms
of petition and ballot prescribed in Sections 5-1-6 and 5-1-8 may be
further modified to contain the following additional proposition:
Shall only one alderperson hereafter be elected from | ||
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(c) If 2 or more forms of petition allowed under this
Section are presented to the chief judge of the circuit court or
any judge of that circuit designated by the chief judge, the judge shall
cause only the question or questions contained in the first petition so
presented to be submitted to referendum, if he or she finds
that the petition
is in proper form and legally sufficient.
(d) If a majority of the electors voting on the proposition
vote to adopt
the managerial form of municipal government, then this Article 5 shall
become effective in the city or village upon the date of the next
general municipal election at which any corporate authority is elected. The operation of the managerial form of municipal government,
for purposes of voting on the question to abandon set out in Section
5-5-1, however, shall not be deemed to begin until a manager is appointed.
(e) The city council or board of trustees of a city or village
that adopts the
provisions of this Article 5 under this Section may, if it so
desires, by the adoption of an ordinance immediately after the
adoption
of this Article 5 has been proclaimed, appoint a city or village
manager and reorganize
the administration of the municipality in conformance with this Article 5. This
Article 5,
except as
to the membership of the council in cities or villages in which representation
by wards or
districts has not been retained, shall be in effect upon the
proclamation of the results of the adopting referendum.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-1-5) (from Ch. 24, par. 5-1-5)
Sec. 5-1-5.
Electors of any city or village specified in Section
5-1-1, equal in number to 1/10 the number of votes cast for all
candidates for mayor or president at the last preceding municipal
election for such officer, may petition the Chief Judge of the Circuit Court,
or any judge of that Circuit designated by the Chief Judge, in which that
city or village specified in Section 5-1-1 is located to
cause to be submitted to a vote of the electors of that city or village
specified in Section 5-1-1 the proposition whether this Article 5 shall
be adopted.
Upon submission of such petition the court shall set a date not less
than 10 nor more than 30 days thereafter for a hearing on the
sufficiency thereof. Notice of the filing of such petition and of such
date shall be given in writing to the city or village clerk and to the
mayor or village president at least 7 days before the date of such
hearing.
If such petition is found sufficient the court shall enter an order to submit
that
proposition at an election.
However, the referendum on the proposition shall not be held on the date of
the general primary election for the municipality.
The clerk of the circuit court shall certify the court's order and the
proposition for submission.
A proposal to adopt this Article 5 may also be initiated and
submitted to the voters in the same manner as is provided in this
Section by the adoption of an ordinance by the corporate authorities.
(Source: P.A. 81-1489.)
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(65 ILCS 5/5-1-6) (from Ch. 24, par. 5-1-6)
Sec. 5-1-6.
The petition provided in Section 5-1-5 shall be
substantially in the following form: To the Circuit Court of the county
of (name of county):
We, the undersigned electors of the city (or village) of (name of
city or village), respectfully petition your honor to submit to a vote
of the electors of (name of city or village), the following proposition:
Shall the city (or village) of.... adopt the managerial form of
municipal government?
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(Source: P.A. 81-1489.)
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(65 ILCS 5/5-1-8) (from Ch. 24, par. 5-1-8)
Sec. 5-1-8.
The proposition shall be in substantially the following form:
Shall the city (or village) YESof.... adopt the managerial form of municipal government? NO
If a majority of the electors voting upon this proposition vote yes,
this Article 5 is adopted in that city or village. Thereupon, the mayor
or president shall immediately issue a proclamation declaring this
article in force. Thenceforth this Article 5 shall be in effect in that
city or village. However, the operation of the managerial form of
municipal government, for purposes of voting on the question to abandon
set out in Section 5-5-1, shall not be deemed to begin until a manager
is appointed.
If a majority of the electors voting upon this proposition vote no,
the proposition shall not be submitted again in that city or village for
22 months.
(Source: P.A. 81-1489.)
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(65 ILCS 5/5-1-9) (from Ch. 24, par. 5-1-9)
Sec. 5-1-9.
A certified copy of the canvass of the votes on the proposition
specified in Section 5-1-5, made by the proper officers of the election,
shall be transmitted to the city or village clerk, and to the clerk of the
court, and by each transcribed upon the records of his office.
(Source: Laws 1967, p. 3740.)
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(65 ILCS 5/5-1-10) (from Ch. 24, par. 5-1-10)
Sec. 5-1-10.
If the managerial form of municipal government is adopted, the
mayor or president immediately shall transmit a certificate so stating to
(1) the Secretary of State, (2) the clerk of the court, and (3) the county
recorder. These officers shall file this certificate in their respective
offices and transcribe it upon the records thereof.
(Source: Laws 1967, p. 3740.)
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(65 ILCS 5/5-1-11) (from Ch. 24, par. 5-1-11)
Sec. 5-1-11.
The failure of the officers named in Sections 5-1-6 through
5-1-9 to perform the duties and acts imposed upon them by those sections,
shall neither invalidate nor prevent the adoption of this Article 5.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-1-12) (from Ch. 24, par. 5-1-12)
Sec. 5-1-12.
All courts shall take judicial notice of the adoption of this
Article 5 by all cities and villages adopting it.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-1-13) (from Ch. 24, par. 5-1-13)
Sec. 5-1-13.
When any city or village has not adopted this Article 5
and desires to vote to adopt Article 4 as provided in Sections 4-2-2
through 4-2-9 and also desires to vote on adoption of this Article 5
upon compliance with the provisions thereof, both propositions may be
submitted at the same election, and may be printed on the same ballot,
but each proposition shall be stated separately. The proposition
receiving the larger majority shall be adopted.
(Source: P.A. 81-1489.)
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(65 ILCS 5/5-1-14) (from Ch. 24, par. 5-1-14)
Sec. 5-1-14.
Any city or village which has heretofore adopted the
managerial form of municipal government and is functioning under that form
of government immediately prior to January 1, 1942 shall be treated as
having adopted this Article 5.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-1-15) (from Ch. 24, par. 5-1-15)
Sec. 5-1-15.
Any city or village which adopts the managerial form of
municipal government as provided in Article 7 thereby adopts this Article
5. In case of conflict between Articles 5 and 7, Article 7 governs.
(Source: Laws 1965, p. 1267.)
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(65 ILCS 5/Art. 5 Div. 2 heading) DIVISION 2.
ELECTION OF OFFICERS
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(65 ILCS 5/5-2-1) (from Ch. 24, par. 5-2-1)
Sec. 5-2-1.
If a city or village adopts the managerial form of municipal
government and also elects to choose alderpersons or trustees, as the case may
be, from wards or districts, then the city council shall be constituted as
provided in Sections 5-2-2 through 5-2-10 and the village board shall be
constituted as provided in Section 5-2-11 and the incumbent alderpersons,
trustees, mayor, president, clerk and treasurer shall continue in office
until expiration of their present terms. If a city has voted to elect only
one alderperson from each ward then no election for a successor for the alderperson
from each ward whose term next expires shall be held, and upon the
expiration of the terms of the alderpersons having the longest time to serve at
the time of adoption of this Article 5 only one successor shall be elected
from each ward. In case a city votes to elect only one alderperson from each
ward, the number of alderpersons prescribed by Section 5-2-2 shall be halved,
for the purposes of this Article 5 and the provisions of Section 5-2-4
prescribing the number of wards shall not apply but such city shall have an
equal number of wards and alderpersons. The mayor of a city and the president
of a village board shall be elected from the city or village at large.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
Sec. 5-2-2. Except as otherwise provided in Section 5-2-3, the number of alderpersons, when not elected by the minority representation plan, shall be as
follows: In cities not exceeding 3,000 inhabitants, 6 alderpersons; exceeding
3,000, but not exceeding 15,000, 8 alderpersons; exceeding 15,000 but not
exceeding 20,000, 10 alderpersons; exceeding 20,000 but not exceeding 30,000,
14 alderpersons; and 2 additional alderpersons for every 20,000 inhabitants over
30,000. In all cities of less than 500,000, 20 alderpersons shall be the
maximum number permitted except as otherwise provided in the case of alderpersons-at-large. No redistricting shall be required in order to reduce
the number of alderpersons heretofore provided for. Two alderpersons shall be
elected to represent each ward.
If it appears from any census specified in Section 5-2-5 and taken not
earlier than 1940 that any city has the requisite number of inhabitants to
authorize it to increase the number of alderpersons, the city council shall
immediately proceed to redistrict the city in accordance with the
provisions of Section 5-2-5, and it shall hold the next city election in
accordance with the new redistricting. At this election the alderpersons whose
terms of office are not expiring shall be considered alderpersons for the new
wards respectively in which their residences are situated. At this election a candidate for alderperson may be elected from any ward that contains a part of the ward in which he or she resided at least one year next preceding the election that follows the redistricting,
and, if elected, that person may be reelected from the new ward he or she represents if he or she
resides in that ward for at least one year next preceding reelection. If there are 2
or more alderpersons with terms of office not expiring and residing in the same
ward under the new redistricting, the alderperson who holds over for that ward
shall be determined by lot in the presence of the city council, in whatever
manner the council shall direct and all other alderpersons shall fill their
unexpired terms as alderpersons-at-large. The alderpersons-at-large, if any, shall
have the same power and duties as all other alderpersons but upon expiration of
their terms the offices of alderpersons-at-large shall be abolished.
If the redistricting results in one or more wards in which no alderpersons
reside whose terms of office have not expired, 2 alderpersons shall be elected
in accordance with the provisions of Section 5-2-8.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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(65 ILCS 5/5-2-3) (from Ch. 24, par. 5-2-3)
Sec. 5-2-3.
In any city or village of less than 100,000 inhabitants,
a proposition to restrict the number of alderpersons to one-half of the
total authorized by Section 5-2-2, with one alderperson representing each
ward, shall be certified by the municipal clerk to the proper election
authority who shall submit the proposition at an election in accordance
with the general election law, if a petition
requesting such
action is signed by electors of the municipality numbering not less than
10% of the total vote cast at the last election for mayor or president
of the board of trustees of the municipality, and is filed with the city
or village clerk in accordance with the general election law.
The proposition shall be substantially in the
following form:
Shall the City (or Village) of........ restrict the number of YESalderpersons to one-half of the totalauthorized by Section 5-2-2 of the Illinois Municipal Code, with one NOalderperson representing each ward?
If a majority of those voting upon the proposition vote in favor of
it, all existing terms of alderpersons shall expire as of the date of the
next regular election of alderpersons, at which time a full complement of alderpersons
shall be elected for the full term.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-3.1) (from Ch. 24, par. 5-2-3.1)
Sec. 5-2-3.1.
In any municipality in which only one alderperson is elected from each
ward, a proposition to stagger the terms of alderpersons, with as nearly as
possible one-half of the alderpersons elected every 2 years, shall be
certified to the proper election authority who shall submit the proposition
at an election in accordance with the general election law, if a petition
requesting such action is signed
by electors of the municipality numbering at least 10% of the total vote
cast at the last election for mayor or president of the board of
trustees of the municipality and is filed with the municipal clerk.
The proposition shall be substantially in the
following form:
Shall the City (or Village) of YES............ adopt a system of staggered terms for alderpersons? NO
If a majority of those voting on the proposition vote in favor of it,
at the next regular election for alderpersons, one alderperson shall be elected
from each even-numbered ward for a term of 2 years, and one alderperson
shall be elected from each odd-numbered ward for a term of 4 years.
Thereafter, their successors shall be elected for terms of 4 years.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-4) (from Ch. 24, par. 5-2-4)
Sec. 5-2-4.
Except as otherwise provided in Section 5-2-3, every city shall
have one-half as many wards as the total number of alderpersons to which the
city is entitled. The city council, from time to time shall divide the city
into that number of wards. In the formation of wards the population of each
shall be as nearly equal, and the wards shall be of as compact and
contiguous territory, as practicable.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-5) (from Ch. 24, par. 5-2-5)
Sec. 5-2-5.
Whenever an official publication of any national, state,
school, or city census shows that any city contains more or less wards
than it is entitled to, the city council of the city, by ordinance,
shall redistrict the city into as many wards only as the city is
entitled. This redistricting shall be completed not less than 30 days
before the first date fixed by law for the filing of candidate
petitions for the next succeeding election for city
officers. At this election there shall be elected the number of alderpersons
to which the city is entitled.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-6) (from Ch. 24, par. 5-2-6)
Sec. 5-2-6.
A redistricting ordinance which has decreased the number
of wards of a city because of a decrease in population of the city shall
not be effective if, not less than 30 days prior to the first
date fixed by law for the filing of candidate petitions for
the next succeeding election for city officers, a specified
census is officially published which shows that the city has regained a
population that entitles it to the number of wards which it had just
prior to the passage of the last redistricting ordinance.
(Source: P.A. 81-1489.)
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(65 ILCS 5/5-2-7) (from Ch. 24, par. 5-2-7)
Sec. 5-2-7.
If, after a specified census is officially published, any city
is divided into a greater number of wards and has elected a greater number
of alderpersons than the city is entitled, nevertheless such division and
election shall be valid and all acts, resolutions, and ordinances of the
city council of such city, if in other respects in compliance with law, are
valid.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-8) (from Ch. 24, par. 5-2-8)
Sec. 5-2-8. Staggered terms; tenure.
(a) Alderpersons elected at the first
election for city officers after
the election of alderpersons for the initial terms provided for in Section
2-2-11 shall draw lots to determine (i) which of the alderpersons in each ward
shall hold for a 4 year term and until a successor is elected
and has
qualified and (ii) which in each ward shall hold for a 2 year
term and until
a successor is elected and has qualified. All alderpersons elected
after that first election shall hold office for a term of 4 years
and until their successors are
elected and have qualified, except in cities that adopt a 2 year term as
provided in Section 3.1-10-65 and except as is otherwise provided in Section
5-2-3.
(b) If a city that has had the minority representation
plan has voted not
to retain the plan, then, at the first election for city officers following
the vote, 2 alderpersons shall be elected from each ward in the city.
Their
terms shall be staggered by the process specified in this Section. The
tenure of these alderpersons and their successors shall be the same as that
stated in subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-9) (from Ch. 24, par. 5-2-9)
Sec. 5-2-9.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
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(65 ILCS 5/5-2-10) (from Ch. 24, par. 5-2-10)
Sec. 5-2-10.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
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(65 ILCS 5/5-2-11) (from Ch. 24, par. 5-2-11)
Sec. 5-2-11. In any village which adopts this Article 5, the board of
trustees by ordinance shall divide and, whenever necessary thereafter,
shall redistrict the village into 6 compact and contiguous districts of
approximately equal population.
Each of the districts shall be represented by one trustee who shall have
been an actual resident of the district for at least 6 months prior to his
election, unless the trustee is a resident of a newly incorporated municipality. Only the electors of a district shall elect the trustee from that
district.
The provisions of Section 5-2-8 relating to terms of office of alderpersons
in cities shall also apply to the terms of office of trustees under this
section.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-12) (from Ch. 24, par. 5-2-12)
Sec. 5-2-12. Alderpersons or trustees elected at large; vacancies;
mayor or president to preside.
(a) If a city or village adopts the managerial
form of municipal
government but does not elect to choose alderpersons or trustees from wards
or districts, then the following provisions of this Section shall be
applicable.
(b) The city council shall be elected at large. In cities of less than
50,000
population, the council shall consist of (i) the mayor and 4 councilmen or (ii) the mayor and 6 councilmen if the size of the city council is increased under subsection (k). In
cities
of at least 50,000 but less than 100,000 population,
the council shall consist of
the mayor and 6 councilmen. In cities of at least 100,000 but not more than 500,000
population, the council shall consist of the mayor and 8 councilmen.
(c) Except in villages that were governed by Article 4
immediately before
the adoption of the managerial form of municipal government, the village
board shall be elected at large and shall consist of a president and the number
of trustees provided for in Section 5-2-15 or 5-2-17,
whichever is applicable.
(d) The term of office of the mayor and councilmen shall be 4 years, provided
that in cities of less than 50,000, the 2 councilmen receiving the lowest
vote at the first election shall serve for 2 years only; in cities of at
least 50,000 but less than 100,000, the 3 councilmen receiving the lowest vote at the
first election shall serve for 2 years only; and in cities of at least
100,000 but
not more than 500,000, the 4 councilmen receiving the lowest vote at the
first election shall serve for 2 years only.
(e) The election of councilmen shall be every 2 years. After the first election,
only 2 councilmen in cities of less than
50,000, 3 councilmen in cities
of at least 50,000 but less than 100,000, or 4
councilmen in cities of at least 100,000 but
not more than 500,000, shall be voted for by each elector at the primary
elections, and only 2, 3, or 4 councilmen, as the case may be, shall be voted
for by each elector at each biennial general municipal election,
to serve for 4 years.
(f) In addition to the requirements of the general election law, the ballots
shall be in the form set out in Section 5-2-13. In cities with less than
50,000, the form of ballot prescribed in Section 5-2-13 shall be further
modified by printing in the place relating to councilmen the words "Vote
for not more than Two", or "Vote for not more than Three" if the size of the city council is increased under subsection (k), instead of the words "Vote for not more than Four". In cities of
at least 50,000 but
less than 100,000, the ballot shall be modified in that place by printing
the words "Vote for not more than Three" instead of the words "Vote for not more than Four". Sections 4-3-5 through 4-3-18, insofar as they may be applicable, shall
govern the election of a mayor and councilmen under this Section.
(g) If a vacancy occurs in the office of mayor or councilman, the remaining
members of the council, within 60 days after the
vacancy occurs, shall fill the vacancy by appointment of some person to
the office for
the balance of the unexpired term or until the vacancy is filled by interim
election under Section 3.1-10-50, and
until the successor is elected and
has qualified.
(h) Except in villages that were governed by Article 4
immediately before
the adoption of the managerial form of municipal government, in villages
that have adopted this Article 5 the term of office of the
president, the
number of trustees to be elected, their terms of office, and the manner of
filling vacancies shall be governed by Sections
5-2-14 through 5-2-17.
(i) Any village that adopts the managerial form of
municipal government under
this Article 5 and that, immediately before that
adoption, was governed by the
provisions of Article 4, shall continue to elect a mayor and
4 commissioners in accordance with Sections 4-3-5 through
4-3-18, insofar as they may be applicable, except that the 2 commissioners
receiving the lowest vote among those elected at the first election after
this Article 5 becomes effective in the village shall serve for 2
years
only. After that first election, the election of
commissioners shall be every 2 years, and
2 commissioners shall be elected at each election to serve for 4
years. (j) The mayor or president shall preside at all meetings of the council
or
board and on all ceremonial occasions. (k) In cities of less than 50,000 population, the city council may, by ordinance, provide that the city council shall, after the next biennial general municipal election, consist of 6 instead of 4 councilmen. If the size of the council is increased to 6 councilmen, then at the next biennial general municipal election, the electors shall vote for 4 instead of 2 councilmen. Of the 4 councilmen elected at that next election, the one receiving the lowest
vote at that election shall serve a 2-year term. Thereafter, all terms shall be for 4 years.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-13) (from Ch. 24, par. 5-2-13)
Sec. 5-2-13. In addition to the requirements of the general election law,
the ballots for the municipal primary
election provided for in Section 5-2-12 shall be in substantially the following form:
OFFICIAL PRIMARY BALLOT.
CANDIDATES FOR NOMINATION FOR MAYOR
AND COUNCILMEN OF THE CITY (OR
VILLAGE) OF.... AT THE PRIMARY
ELECTION.
FOR MAYOR
VOTE FOR ONE
( ) JOHN JONES. ( ) JAMES SMITH. ( ) HENRY WHITE. ( ) RALPH WILSON. ( ) FOR COUNCILMEN.
VOTE FOR NOT MORE THAN....(insert proper number as provided in Section 5-2-12).
( ) HARRY BROWN. ( ) ROBERT BUCK. ( ) WILLIAM BURKE. ( ) GEORGE MILLER. ( ) ARTHUR ROBBINS. ( ) EDWARD STUART. ( ) JOSEPH TROUT. ( ) THOMAS WILLIAMS.
In addition to the requirements of the general election law, the general
municipal election ballots for the election provided for in Section 5-2-12
shall be substantially in the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COUNCILMEN OF
THE CITY (OR VILLAGE) OF.... AT
THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
VOTE FOR ONE
( ) JOHN JONES. ( ) JAMES SMITH. ( ) FOR COUNCILMEN.
VOTE FOR NOT MORE THAN....(insert proper number as provided in Section 5-2-12).
( ) HARRY BROWN. ( ) ROBERT BUCK. ( ) WILLIAM BURKE. ( ) GEORGE MILLER. ( ) ARTHUR ROBBINS. ( ) EDWARD STUART. ( ) JOSEPH TROUT. ( ) THOMAS WILLIAMS.
(Source: P.A. 95-862, eff. 8-19-08.)
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(65 ILCS 5/5-2-14) (from Ch. 24, par. 5-2-14)
Sec. 5-2-14.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
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(65 ILCS 5/5-2-15) (from Ch. 24, par. 5-2-15)
Sec. 5-2-15. Trustees; tenure; vacancies.
(a) In each village operating under Section 5-2-12, the electors of the
village shall elect 6 trustees. The term of office of the trustees shall be 4
years and until their successors are elected and have qualified. Trustees
elected at the first election for village officers after a village is
incorporated, however, shall by lot designate one-half of their number whose
terms shall be 2 years and until their successors are elected and have
qualified. In all villages having a population of less than 50,000 in which
only 3 trustees were elected for a 4 year term in the year 1941, 3 trustees
shall be elected for a 4 year term at the regular village election in the year
1943, and thereafter 3 trustees shall be elected in each odd numbered year for
a term of 4 years.
(b) (Blank).
(Source: P.A. 95-646, eff. 1-1-08.)
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(65 ILCS 5/5-2-16) (from Ch. 24, par. 5-2-16)
Sec. 5-2-16.
President and trustees; general election.
(a) The election for the president specified in Section 5-2-12
in villages of 50,000 or more inhabitants shall be held in 1981 and
each fourth year thereafter, on a date specified by the general election
law. The election for the president in villages of fewer than
50,000 inhabitants
shall be held in every other odd numbered
year whenever a president is to be elected for a 4 year term. The election
for the president in villages of fewer than 50,000 inhabitants
shall be held
in each odd numbered year whenever
the president is to be elected for a 2 year term.
(b) The election for trustees in villages of 50,000 or more inhabitants shall
be held in 1981 and each fourth year thereafter, unless the
village board has provided for the election of trustees in a manner prescribed
for villages of fewer than 50,000 inhabitants as provided in Section
3.1-25-10, in which case
the election for trustees shall be held in each odd numbered year.
(c) An election for trustees in villages of fewer than
50,000 inhabitants shall
be held in each odd numbered year,
except as provided in Section 5-2-17. When villages of fewer than 50,000
inhabitants have provided for a 2 year term for elective officers under
Section 3.1-10-65, the first general election for trustees shall be held in
accordance with
the general election law in the next
odd numbered year following the referendum at which the terms of the elective
officers were reduced. In those villages, elections shall be held
annually thereafter.
(d) Every village incorporated and existing under a
special Act
that has held a general municipal election in even
numbered
years before the effective date of this Code may continue to do so.
Every village may hold annual municipal
elections if this is necessary to comply with Section
5-2-17.
(Source: P.A. 87-1119.)
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(65 ILCS 5/5-2-17) (from Ch. 24, par. 5-2-17)
Sec. 5-2-17.
Trustees; certain villages incorporated under special
Acts.
(a) In every village specified in Section 5-2-12 incorporated and
existing under any special Act that, before
June 4, 1909, under
any special Act, annually elected members of its legislative body, the
electors of the village, instead of the
legislative body now provided for by law,
shall elect 6 trustees. They shall hold their offices until their
respective successors are elected and have qualified. At the first meeting
of this board of 6 trustees, the terms of office of the trustees shall be
staggered. Thereafter, the terms shall be for the same
length of time as provided
for alderpersons in Section 3.1-20-35.
(b) The electors of a village or
incorporated town described in subsection (a) may, however, adopt
a 2 year term for their trustees as provided in Section 3.1-10-65. If this 2
year term is adopted, then at the next general municipal election in the
adopting village, 3 trustees shall be elected, and they shall hold their
offices for terms of one year each. In the next succeeding year, and in
each year thereafter, 3 trustees shall be elected in the adopting village,
and they shall hold their offices for terms of 2 years each.
(c) Any village described in subsection (a) that, before January 2, 1942, has adopted a 2 year term
for its trustees and is now electing 3 trustees each year shall continue
to elect 3 trustees each year for a term of 2 years each. Any village
described in subsection (a) that, before January 2, 1942,
has adopted a 2 year term for its trustees but
is not now electing 3 trustees each year shall elect 3 trustees at the
next general municipal election in that village, and they shall hold their
offices for terms of one year each. In the next succeeding year, and in
each year thereafter, 3 trustees shall be elected, and they shall hold
their offices for terms of 2 years each.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-18) (from Ch. 24, par. 5-2-18)
Sec. 5-2-18.
In any city which has adopted this Article 5 and which elects
a mayor and councilmen as provided in Section 5-2-12, a proposition to elect alderpersons
from wards as provided in Article 3 of this Code, except that only
one alderperson may be elected from each ward, shall be certified by the
city clerk to the proper election authority who shall submit such proposition
at the general municipal election in accordance with the general election
law, if a petition signed by electors
of the city numbering not less than 10% of the total vote cast for mayor
at the last preceding election, is filed with the city clerk.
The proposition shall be substantially in the
following form:
Shall the city of.... be dividedinto wards with one alderperson to be YESelected from each ward, but with the mayor to be elected from the city NOat large?
If a majority of those voting on the proposition vote "yes", then the
sitting city council shall proceed to divide the city into wards in the
manner provided in Article 3 and one alderperson shall be elected from each
ward at the next general municipal election of any city officer. Upon
the election and qualification of such alderpersons the terms of office of
all sitting councilmen shall expire. After the adoption of such
proposition the provisions of Article 3 shall be applicable to the
division of the city into wards and to the election of the mayor and alderpersons
of such city, except that only one alderperson shall be elected
from each ward.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)
Sec. 5-2-18.1.
In any city or village which has adopted this Article and also has
elected to choose alderpersons from wards or trustees from districts, as the
case may be, a proposition to elect the city council at large shall be
submitted to the electors in the manner herein provided.
Electors of such city or village, equal to not less than 10% of the
total vote cast for all candidates for mayor or president in the last
preceding municipal election for such office, may petition for the submission
to a vote of the electors of that city or village the
proposition whether the city council shall be elected at large. The
petition shall be in the same form as prescribed in Section 5-1-6,
except that said petition shall be modified as to the wording of the
proposition to be voted upon to conform to the wording of the
proposition as hereinafter set forth, and shall
be filed with the city clerk in accordance with the general election law.
The clerk shall certify the proposition to the proper election authorities
who shall submit the proposition at an election in accordance with the general
election law.
However,
such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be in substantially the
following form:
Shall the city (or village) of.... elect the city council at YESlarge instead of alderpersons (or trustees) from wards (or NOdistricts)?
If a majority of those voting on the proposition vote "yes", then the
city council shall be elected at large at the next general municipal
election and the provisions of Section 5-2-12 shall be applicable. Upon
the election and qualification of such councilmen or trustees, the
terms of all sitting alderpersons shall expire.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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(65 ILCS 5/5-2-18.2) (from Ch. 24, par. 5-2-18.2)
Sec. 5-2-18.2.
In any city which has adopted this Article, and also has elected to
choose alderpersons from wards, a proposition to elect part of the city
council at large and part from districts shall be submitted to the
electors upon the petition herein provided.
Electors of such city, equal in number to not less than 10% of the
total vote cast for all candidates for mayor in the last preceding
municipal election for such office, may petition for the submission
to a vote of the electors of that city the
proposition whether part of the city council shall be elected at large
and part from districts. The petition shall be in the same form as
prescribed in Section 5-1-6, except that said petition shall be modified
as to the wording of the proposition to be voted upon, to conform to the
wording of the proposition as hereinafter set
forth, and shall be filed with the city clerk in accordance with the general
election law. The city clerk shall certify the proposition to the proper
election authorities who shall submit the proposition at an election in
accordance with the general election law.
However, such proposition shall not be submitted at the general primary
election for the municipality.
The proposition shall be substantially in the
following form:
Shall the city of....elect part of the councilmen YESat large and part of the councilmen from NOdistricts?
If a majority of those voting on the proposition vote "yes", then at
the next general municipal election and every 4 years thereafter, a
mayor and part of the councilmen shall be elected at large and part of
the councilmen shall be elected from wards, the total number of
councilmen to be elected to equal the number of alderpersons authorized to
be elected prior to adoption of the proposition.
The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and contiguous
territory as practicable and of approximately equal population. The
number of such districts shall be equal to half the number of alderpersons
then authorized to be elected to office in such city. If there is an odd
number of such alderpersons, the number of districts established shall be
equal to the number which represents a majority of the number of such alderpersons.
One councilman, who is an actual resident of the district, shall be
elected from each district. Only the electors of a district shall elect
a councilman from that district. The rest of the number of councilmen
authorized shall be elected at large.
The mayor and councilmen shall hold their respective offices for the
term of 4 years and until their successors are elected and qualified.
Upon the election and qualification of the councilmen, the terms of all
sitting alderpersons shall expire.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-18.3) (from Ch. 24, par. 5-2-18.3)
Sec. 5-2-18.3.
Selection of part of council at large and part from
districts. If a city elects to choose part of the city council at large
and part from districts, then the following provisions of this Section shall
be applicable.
The term of office of the mayor and councilman shall be 4 years, and the
election of the mayor and councilmen shall be every 4 years after the first
election. In addition to the requirements of the general election law,
the ballots shall be in the form set out in Section 5-2-18.4 and 5-2-18.5.
Sections 4-3-5 through 4-3-18, insofar as they may be
applicable, shall govern the election of a mayor and councilmen under this
Section.
(Source: P.A. 87-1119.)
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(65 ILCS 5/5-2-18.4) (from Ch. 24, par. 5-2-18.4)
Sec. 5-2-18.4. In addition to the requirements of the general election law, a distinct
ballot shall be printed for each district for the primary election. At the
top of the ballot shall be the following: CANDIDATES FOR NOMINATION FOR
MAYOR AND COUNCILMEN OF THE CITY OF.... AT THE PRIMARY ELECTION. Under
the sub-title FOR MAYOR shall be placed the following: (VOTE FOR ONE). There
shall be placed below the names of the candidates for mayor another sub-title
as follows: FOR COUNCILMEN AT LARGE. Following this sub-title there shall
be an instruction in this form, to be altered, however, to conform to the
facts: VOTE FOR NOT MORE THAN.... (Insert proper number as provided in Section 5-2-12).
Following the names of the candidates for councilmen at large, there shall
be another sub-title in the following form: FOR DISTRICT COUNCILMAN. Following
this sub-title there shall be the following direction: (VOTE FOR ONE). In
other respects the form of the ballot shall be controlled by Section 4-3-10.
(Source: P.A. 95-862, eff. 8-19-08.)
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(65 ILCS 5/5-2-18.5) (from Ch. 24, par. 5-2-18.5)
Sec. 5-2-18.5.
To determine the number of nominees who shall be placed on the ballot
under each sub-title at the general city election, the number of officers
who will be chosen under each sub-title shall be multiplied by 4
. Only
those candidates at the primary election shall be nominees under each
sub-title at the general city election who have received the 4
highest
number of votes, where but one officer is to be elected, the 8
highest
where but two officers are to be elected, and in this manner as far as
necessary.
(Source: P.A. 95-699, eff. 11-9-07.)
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(65 ILCS 5/5-2-18.6) (from Ch. 24, par. 5-2-18.6)
Sec. 5-2-18.6. In addition to the requirements of the general election law, the ballots
for the general municipal election shall
be prepared in accordance with Section 4-3-16, with the
following changes:
(1) Following the names of the candidates for mayor there shall be printed
a sub-title: FOR COUNCILMEN AT LARGE; following this sub-title shall be
an instruction in this form: VOTE FOR NOT MORE THAN....(Insert proper number as provided
in Section 5-2-12). The names of the candidates for councilmen at large
shall follow this instruction.
(2) Following the names of the candidates at large shall be printed another
sub-title: FOR DISTRICT COUNCILMAN. Following this sub-title shall be an
instruction in this form: (VOTE FOR ONE) and following this instruction
shall be printed the names of the 2 nominees.
(Source: P.A. 95-862, eff. 8-19-08.)
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(65 ILCS 5/5-2-18.7) (from Ch. 24, par. 5-2-18.7)
Sec. 5-2-18.7. In any city which has adopted this Article, and is electing the city
council at large or has elected to choose alderpersons from wards, a
proposition to elect part of the city council at large and part from
districts with staggered four year terms and biennial elections for
councilmen shall be submitted to the electors upon initiation in the manner
herein provided.
Electors of such city, equal in number to not less than 10% of the
total vote cast for all candidates for mayor in the last preceding
municipal election for such office, may petition for submission, or, in
the alternative, the city council may by
ordinance without a petition cause to be submitted, to a vote of the
electors of that city the proposition whether part of the city council
shall be elected at large and part from districts with staggered four
year terms and biennial elections for councilmen. The petition shall be
in the same form as prescribed in Section 5-1-6, except that the
petition shall be modified as to the wording of the proposition to be
voted upon, to conform to the wording of the proposition as hereinafter
set forth, and shall be filed with the city clerk in accordance with the
general election law. The city clerk shall certify the proposition to the
proper election authorities who shall submit the proposition at an election
in accordance with the general election law.
However, such proposition shall not be submitted at
the general primary election for the municipality.
The proposition shall be substantially in the
following form:
Shall the city of....elect part of the councilmen at large YESand part of the councilmen from districts with staggered four year NOterms and biennial elections?
If a majority of those voting on the proposition vote "yes", then at
the next general municipal election at which a mayor is to be elected, a
mayor and councilmen shall be elected as hereinafter provided.
In cities of less than 50,000 population, the council shall consist
of the mayor and 6 councilmen, 2 councilmen being elected at large and 4
councilmen being elected from districts. In cities of 50,000 and not
more than 500,000 population, the council shall consist of the mayor and
8 councilmen, 3 councilmen being elected at large and 5 councilmen being
elected from districts.
The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and contiguous
territory as practicable and of approximately equal population. The
number of such districts shall be the same as the number of councilmen
to be elected from districts.
One councilman who is an actual resident of the district, shall be
elected from each district. Only the electors of a district shall elect
a councilman from that district. The rest of the number of councilmen
authorized shall be elected at large.
The term of office of the Mayor and Councilmen shall be 4 years,
provided that at the first election the Councilmen elected at large
shall serve for 2 years only. Thereafter the election of Councilmen
shall be biennial, and after the first election the Mayor and all
Councilmen shall be elected for 4 year terms to fill expiring terms of
incumbents.
The Mayor and Councilmen shall hold their respective offices for the
term of 4 years as herein provided, and until their successors are
elected and qualified. Upon the election and qualification of the
Councilmen, the terms of all sitting alderpersons or councilmen elected at
large pursuant to the provisions of Section 5-2-12 shall expire.
For the first primary election a distinct ballot shall be printed for each
district. At the top of the ballot shall be the following:
CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor is to be elected) AND
COUNCILMEN OF THE CITY OF.... AT THE PRIMARY ELECTION. Under the
subtitle of FOR MAYOR (when applicable) shall be placed the following:
(VOTE FOR ONE). There shall be placed below the names of the candidates
for Mayor, if any, another subtitle as follows: FOR COUNCILMEN AT
LARGE. Following this subtitle there shall be an instruction in this
form, to be altered, however, to conform to the facts: (VOTE FOR NOT MORE THAN....)
(Insert number of Councilmen being elected). Following the names of the
candidates for councilmen at large, there shall be another subtitle in
the following form: FOR DISTRICT COUNCILMAN. Following this subtitle
there shall be the following direction: (VOTE FOR ONE). In other
respects the ballots shall conform to the applicable provisions of
Sections 4-3-10 and 5-2-13.
To determine the number of nominees who shall be placed on the ballot
under each subtitle at the general municipal election, the number of
officers who will be chosen under each subtitle shall be multiplied by
2. Only those candidates at the primary election shall be nominees under
each subtitle at the general municipal election and, where but one
officer is to be elected, the 2 candidates receiving the highest number
of votes shall be placed upon the ballot for the next succeeding general
municipal election. Where 2 councilmen are to be elected, the 4
candidates receiving the highest number of votes shall be placed upon
the ballot. Where 3 councilmen are to be elected, the names of the 6
candidates receiving the highest number of votes shall be placed upon
the ballot.
The ballots for the election of officers at the first general
municipal election shall be prepared in compliance with Section 4-3-16,
with the following changes:
(1) Following the names of the candidates for Mayor (when
applicable) there shall be printed a subtitle: FOR COUNCILMAN AT LARGE:
following this subtitle shall be an instruction in this form: (VOTE FOR
NOT MORE THAN ....) (Insert number of councilmen to be elected). The names of the
nominees for councilmen at large shall follow the instruction.
(2) Following the names of the nominees for councilmen at large
shall be printed another subtitle: FOR DISTRICT COUNCILMAN. Following
this subtitle shall be an instruction in this form: (VOTE FOR ONE) and
following this instruction shall be printed the names of the 2 nominees.
Thereafter, the ballots for the biennial election shall be prepared
as hereinafter provided.
For the primary election at which Councilmen at large are to be
elected the form of the ballot shall be as follows:
At the top of the ballot shall be the following: CANDIDATES FOR
NOMINATION FOR MAYOR (when Mayor is to be elected) AND COUNCILMEN OF THE
CITY OF.... AT THE PRIMARY ELECTION. Under the subtitle of FOR MAYOR
(when applicable) shall be placed the following: (VOTE FOR ONE). There
shall be placed below the names of the candidates for Mayor, if any,
another subtitle as follows: FOR COUNCILMEN AT LARGE. Following this
subtitle there shall be an instruction in this form, to be altered,
however, to conform to the facts: (VOTE FOR NOT MORE THAN....) (Insert number of
Councilmen being elected).
For the primary election at which District Councilmen are to be
elected, a distinct ballot shall be printed for each District. There
shall be placed below the names of the candidates for Mayor (when
applicable) another subtitle as follows: FOR DISTRICT COUNCILMAN.
Following this subtitle there shall be an instruction in this form:
VOTE FOR ONE. In all other respects the ballot shall conform to the
applicable provisions of Sections 4-3-10 and 5-2-13.
To determine the number of nominees who shall be placed on the ballot
under each subtitle at the general municipal election, the number of
officers who will be chosen under each subtitle shall be multiplied by
2. Only those candidates at the primary election shall be nominees under
each subtitle at the general municipal election and, where but one
officer is to be elected, the 2 candidates receiving the highest number
of votes shall be placed upon the ballot for the next succeeding general
municipal election. Where 2 councilmen are to be elected, the 4
candidates receiving the highest number of votes shall be placed upon
the ballot. Where 3 councilmen are to be elected, the names of the 6
candidates receiving the highest number of votes shall be placed upon
the ballot.
The ballots for the election of officers at the general municipal
election shall be prepared in compliance with Section 4-3-16, with the
following changes:
(1) For elections where candidates for Councilmen at large are being
elected, following the names of candidates for Mayor (when applicable)
there shall be printed a subtitle as follows: FOR COUNCILMEN AT LARGE.
Following this subtitle there shall be an instruction in this form:
(VOTE FOR NOT MORE THAN....) (Insert number of Councilmen to be elected). The names
of the nominees for Councilmen at large shall follow the instruction.
(2) For elections where district Councilmen are to be elected, a
distinct ballot shall be printed for each district, and following the
names of the candidates for Mayor (when applicable) there shall be
printed a subtitle as follows: FOR DISTRICT COUNCILMAN. Following this
subtitle there shall be an instruction in this form: (VOTE FOR ONE) and
following this instruction shall be printed the names of the 2 nominees
for district Councilman.
Vacancies shall be filled as prescribed in Section 5-2-12, provided
that a vacancy in the office of a District Councilman shall be filled by
a person who is an actual resident of the district in which the vacancy
occurs.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-18.8) (from Ch. 24, par. 5-2-18.8)
Sec. 5-2-18.8.
The propositions provided for in Sections 5-2-18.1, 5-2-18.2 and
5-2-18.7 shall not be submitted to the electors at the same election. If
petitions to submit more than one of such propositions are filed for
presentation at the same election, the
petition first filed prior to such election shall be accepted by the
city clerk and the petition for the submission of the other
propositions, if tendered thereafter, shall be refused by the city
clerk. The proposition requested to be presented in the petition first
filed shall be submitted at the election.
(Source: P.A. 81-1489.)
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(65 ILCS 5/5-2-19) (from Ch. 24, par. 5-2-19)
Sec. 5-2-19. In any city which was operating under the alderperson form
of government as provided in Article 3 at the time of adoption of this Article
5 which did not also elect to continue to choose alderpersons from wards, the
city clerk and city treasurer shall be nominated and elected in the same
manner as provided in this Article 5 for the nomination and election of
the mayor and councilmen. To achieve this result: wherever the term "mayor
or commissioners" appears in Sections 4-3-7 through 4-3-18, it shall be
construed to include the words "or clerk or treasurer". The names of candidates
for nomination shall be placed on the primary election ballot prescribed
in Section 5-2-13 and such ballot shall be modified to include the heading
"For Clerk--Vote for one" immediately following the names of candidates
for councilmen and to include the heading "For Treasurer--Vote for one"
immediately following the names of candidates for clerk. The names of the
4
candidates receiving the highest number of votes for each of the respective
offices shall be placed on the general municipal election ballot
prescribed in Section 5-2-13 which ballot shall be modified to include
such offices and names in the same manner as is provided in this Section
for the primary ballot. If any candidate nominated for the office of
clerk or treasurer dies or withdraws before the general municipal
election the name of the person receiving the fifth
highest number of
votes for nomination to that office shall be placed on the ballot for
that election.
However, in any city not exceeding 100,000 inhabitants which adopts this
Article 5 and elects a mayor and alderpersons or councilmen as provided in Section 5-2-12,
or Sections 5-2-18 through 5-2-18.8, the council may, in lieu of electing
a clerk and treasurer as provided in the above paragraph, provide by ordinance
that the clerk or treasurer or both for such city be appointed by the mayor
with the approval of the city council. If such officers are appointed their
terms of office, duties, compensation and amount of bond required shall
be the same as if they were elected.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-2-20) Sec. 5-2-20. Town of Normal; officers. For the Town of Normal, a president must be elected every 4 years at the general municipal election with other officers to be elected or appointed as set forth by ordinance of the corporate authorities. Each officer shall continue to hold office until the officer's successor is selected and qualified. Each vacancy must be filled under Section 3.1-10-50.
(Source: P.A. 103-186, eff. 6-30-23.) |
(65 ILCS 5/Art. 5 Div. 3 heading) DIVISION 3.
FUNCTIONS AND DUTIES
OF OFFICERS
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(65 ILCS 5/5-3-1) (from Ch. 24, par. 5-3-1)
Sec. 5-3-1.
In cities which do not elect to choose alderpersons from wards and
in cities which elect to choose councilmen as provided in Sections 5-2-18.1 through
5-2-18.7, the mayor shall have the right to vote on all questions
coming before the council but shall have no power to veto. The mayor and
president shall be recognized as the official head of the city or village
by the courts for the purpose of serving civil process and by the Governor
for all legal purposes.
The mayor or president of any city or village which adopts this Article
5, other than one which at the time of adoption was operating under or
adopted the commission form of government as provided in Article 4 or
which does not retain the election of alderpersons by wards or trustees by
districts, shall have veto power as provided in Sections 5-3-2 through
5-3-4, and ordinances or measures may be passed over his veto as therein
provided. Such mayor or president shall have the power to vote as provided
in Section 5-3-5.
If any other Acts or any Article of this Code, other than Article 3 or
Article 4, provides for the appointment of a board, commission, or other
agency by the mayor or president, such appointments shall be made in manner
so provided.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-2) (from Ch. 24, par. 5-3-2)
Sec. 5-3-2.
All resolutions and motions (1) which create any liability
against a city or village, or (2) which provide for the expenditure or
appropriation of its money, or (3) to sell any city, village or school
property, and all ordinances, passed by the council or board shall be
deposited with the city or village clerk. If the mayor approves of them, he
shall sign them. Those of which he disapproves he shall return to the
council or board, with his written objections, at the next regular meeting
of the council or board occurring not less than 5 days after their passage.
The mayor or president may disapprove of any one or more sums appropriated
in any ordinance, resolution, or motion making an appropriation, and, if
so, the remainder shall be effective. However, the mayor or president may
disapprove entirely of an ordinance, resolution, or motion making an
appropriation. If the mayor or president fails to return any ordinance or
any specified resolution or motion with his written objections, within the
designated time, it shall become effective despite the absence of his
signature.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-3-3) (from Ch. 24, par. 5-3-3)
Sec. 5-3-3.
Every resolution and motion, specified in Section 5-3-2, and
every ordinance, which is returned to the council or board by the mayor or
president shall be reconsidered by the council or board. If, after such
reconsideration, two-thirds of all the alderpersons then holding office on the
city council or two-thirds of all the trustees then holding office on the
village board agree to pass an ordinance, resolution, or motion,
notwithstanding the mayor's or president's refusal to approve it, then it
shall be effective. The vote on the question of passage over the mayor's or
president's veto shall be by yeas and nays, and shall be recorded in the
journal.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-4) (from Ch. 24, par. 5-3-4)
Sec. 5-3-4.
No vote of the city council or village board shall be
reconsidered or rescinded at a special meeting, unless there are present at
the special meeting as many alderpersons or trustees as were present when the
vote was taken.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-5) (from Ch. 24, par. 5-3-5)
Sec. 5-3-5.
The mayor or president of any city or village which elects alderpersons
by wards or trustees by districts shall not vote on any ordinance,
resolution or motion except: (1) where the vote of the alderpersons or trustees
has resulted in a tie; (or) (2) where one-half of the alderpersons or trustees
then holding office have voted in favor of an ordinance, resolution or
motion even though there is no tie vote; or (3) where a vote greater than a
majority of the corporate authorities is required by this Code to adopt an
ordinance, resolution or motion. In each instance specified, the mayor or
president shall vote. The following mayors and presidents may vote on all
questions coming before the council or board: (1) mayors and presidents of
cities and villages operating under this Article and Article 4, and (2)
mayors and presidents of cities and villages which do not elect alderpersons by
wards and trustees by districts.
Nothing in this Section shall deprive an acting mayor or president or
mayor or president pro tem from voting in his capacity as alderperson or
trustee, but he shall not be entitled to another vote in his capacity as
acting mayor or president or mayor or president pro tem.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-6) (from Ch. 24, par. 5-3-6)
Sec. 5-3-6.
The powers of the council or board shall be purely legislative
except as may be otherwise provided by any other act or by any article of
this Code other than Articles 3 or 4. The executive and administrative
powers conferred on the commissioners by Article 4 shall only be exercised
when delegated to the appointive officers provided in this Article 5.
The council or board shall approve for payment all expenses and
liabilities of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-3-7) (from Ch. 24, par. 5-3-7)
Sec. 5-3-7.
The council or board of trustees, as the case may be,
shall appoint a municipal manager, who shall be the administrative head
of the municipal government and who shall be responsible for the
efficient administration of all departments. He shall be appointed
without regard to his political beliefs and need not be a resident of
the city or village when appointed. The manager shall be appointed for
an indefinite term, and the conditions of the manager's employment may be
set forth in an agreement. In the case of the absence or disability of the
manager, the council or village board may designate a qualified
administrative officer of the municipality to perform the duties of the
manager during such absence or disability. The manager may at any time
be removed from office by a majority vote of the members of the council
or the board.
The powers and duties of the manager shall be:
(1) To enforce the laws and ordinances within the municipality;
(2) To appoint and remove all directors of departments. No
appointment shall be made upon any basis other than that of merit and
fitness except that if the chief of the fire department or the chief of
the police department or both of them are appointed in the manner as provided
by ordinance under Section 10-2.1-4 of this code, they may be removed or
discharged by the appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such removal or
discharge, which removal or discharge shall not become effective unless
confirmed by a majority vote of the corporate authorities;
(3) To exercise control of all departments and divisions thereof
created in this Article 5, or that may be created by the council or
board of trustees;
(4) If the city or village was subject to the alderperson form
provisions of Article 3 at the time of adoption of this Article 5 to
appoint and remove all officers who are not required to be elected by
Article 3;
(5) To have all the powers and exercise all the duties granted
elsewhere in this Code to municipal clerks and comptrollers with respect
to the preparation of a report of estimated funds necessary to defray
the expenses of the city or village for the fiscal year for the
consideration of the corporate authorities prior to the preparation of
the annual appropriation ordinance;
(6) To attend all meetings of the council or board of trustees with
the right to take part in the discussions, but with no right to vote;
(7) To recommend to the council or board of trustees for adoption
such measures as he may deem necessary or expedient;
(8) To perform such other duties as may be prescribed by this
Article 5 or may be required of him by ordinance or resolution of the
board of trustees or council.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-8) (from Ch. 24, par. 5-3-8)
Sec. 5-3-8.
Under the general supervision and administrative control of the
manager, there shall be such departments as the council or village board
may prescribe by ordinance.
All officers of any city or village shall take and subscribe the oath
required by Section 5-3-9. All such officers, except the mayor, president, alderpersons, councilmen, and trustees, shall execute bonds in the manner
provided by Section 5-3-9, which bonds shall be filed with the clerk of the
council or clerk of the village board.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-3-9) (from Ch. 24, par. 5-3-9)
Sec. 5-3-9.
Officers; oath or affirmation; bond.
(a) Before entering upon the duties of their respective offices, all
officers, whether elected or appointed, shall take and subscribe the oath or
affirmation required by the Illinois
Constitution.
The subscribed oath or affirmation shall be
filed in the office of the city or
village clerk.
(b) Before entering upon the duties of their respective offices, all
officers, except those specified in Section 5-3-8, shall execute a bond
with security to be approved by the corporate authorities. The bond shall
be payable to the city or village in the penal sum directed by
resolution or ordinance, conditioned upon the faithful performance of the
duties of the office and the payment of all money received by the officer,
according to law and the ordinances of that city or village.
The bond
may provide that the obligation of the sureties shall not extend to any
loss sustained by the insolvency, failure, or closing of any bank or savings
and loan association organized
and operating under the laws of either the State of Illinois or the United
States in which the officer has placed funds in the
officer's custody if the bank
or savings and loan association
has been approved by the corporate authorities as a depository for these
funds. The treasurer's bond shall be in an amount of dollars that is not less
than the greater of $50,000 or 3 times the latest Federal census population
or any subsequent
census figure used for Motor Fuel Tax purposes. These bonds shall be filed
with the city or village clerk, except that the bond of the clerk shall
be filed with the city or village treasurer.
(c) Subject to the limitations of subsection (b), the city
council or village board may fix the amount and penalty of the bonds of all
officers and of all employees charged with the custody of money or
property. It may also require the giving of additional bonds,
increase or decrease the amount and penalty of the bonds of any officer,
and require the giving of a new bond where the security of an original bond
has become either insufficient or in any way impaired, upon penalty of
removal from office. The power vested in the city council or village board
by this Section shall be so administered as to protect the interests of the
city or village from danger of financial loss and shall never be used as a
means of removing any person from the service of the city or village
without a hearing before the civil service commission, if there is
one, in
accordance with law. In that case, the city employee or
official whose
office is sought to be declared vacant by reason of a failure to give a
new, additional, or increased bond shall have the right to have a hearing
before the civil service commission upon the question involved.
(Source: P.A. 87-1119.)
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(65 ILCS 5/5-3-10) (from Ch. 24, par. 5-3-10)
Sec. 5-3-10.
At the first meeting of the council or village board after
this Article 5 becomes effective in any city or village, it shall pass a
general ordinance (1) amplifying the powers and duties of the manager in
conformity with this Article 5, (2) defining the scope of each department
and of each division thereunder, (3) defining and prescribing the powers
and duties of appointive officers and employees, (4) fixing the salaries of
all appointive officers and employees, (5) providing for independent audits
of all accounts of the city or village, which audits shall be conducted
independently of the manager by some person selected by the council or the
village board. Full reports of such audits shall be filed in the public
records of the city or village. The power with respect to such audits shall
not be construed to limit the responsibility of the manager for the proper
expenditure of city or village funds. The council or board may by such
ordinance (1) assign appointive officers and employees to one or more of
the departments, (2) require an appointive officer or employee to perform
duties in 2 or more departments, (3) make such rules and regulations as may
be necessary or proper for the efficient and economical conduct of the
business of the city or village.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/5-3-11) (from Ch. 24, par. 5-3-11)
Sec. 5-3-11.
In any city or village adopting the managerial form of municipal
government, if such city or village has heretofore adopted Division 2 of
Article 9, the council or village board shall by ordinance provide that
the board of local improvements be composed of not less than 3 nor more
than 5 members appointed by the mayor or president of the municipality
with the consent of the council or village board. The board shall have
all powers conferred and all duties imposed by Division 2 of Article 9.
Such members may be appointed from persons holding other offices or
positions in the government of the city or village. If provision is
otherwise made for such functions, it shall not be necessary that any
city or village operating under this Article 5 have the offices of
commissioner of public works, superintendent of streets, superintendent
of special assessments, superintendent of sewers, city engineer, public
engineer or chief clerk of special assessments.
(Source: P.A. 78-418.)
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(65 ILCS 5/5-3-12) (from Ch. 24, par. 5-3-12)
Sec. 5-3-12.
Clerk and treasurer; clerical help and subordinates.
The
clerk and treasurer, severally, in cities of not fewer than
100,000 and not more than 500,000 inhabitants operating under this Article
5 shall appoint the various clerical help and subordinates in their
respective offices and shall be held responsible, severally, for the
fidelity of all persons so appointed. A deputy clerk in the city clerk's
office in a city described in this Section shall be
appointed in the manner prescribed in
Section 3.1-30-10.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 5 Div. 4 heading) DIVISION 4.
COMPENSATION
(Repealed by P.A. 87-1119)
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(65 ILCS 5/Art. 5 Div. 5 heading) DIVISION 5.
ABANDONMENT OF
MANAGERIAL FORM
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(65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
Sec. 5-5-1. Petition for abandonment of managerial form; referendum;
succeeding elections of officers and alderpersons or trustees.
(a) A city or village that has operated for 4
years or more under the
managerial form of municipal government may abandon that
organization as provided in this Section. For the purposes of this
Article, the
operation of the managerial form of municipal government shall be deemed
to begin on the date of the appointment of the first manager in
the city or village. When a petition for abandonment
signed by electors of the
municipality equal in number to at least 10% of the number of votes cast
for candidates for mayor at the preceding general quadrennial municipal
election is filed with the circuit court for the county in which that
city or village is located, the court shall set a date not less than 10
nor more than 30 days thereafter for a hearing on the sufficiency of the
petition. Notice of the filing of the petition and of the date of the
hearing shall be given in writing to the city or village clerk and to
the mayor or village president at least 7 days before the date of the
hearing. If the petition is found sufficient, the court shall enter an
order directing that the
proposition be submitted at an election other than a primary election for
the municipality. The clerk of the court shall certify the proposition to
the proper election authorities for submission.
The proposition shall be in substantially the following form:
Shall (name of city or village) retain the managerial | ||
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(b) If the majority of the votes at the
election are "yes", then the
proposition to abandon is rejected and the municipality shall continue
operating under this Article 5. If the majority of the votes are "no",
then the proposition to abandon operation under this Article 5 is
approved.
(c) If the proposition for abandonment is approved, the city or village
shall become subject to Article 3.1 or Article 4,
whichever Article was in force in the city or village
immediately before the adoption of the plan authorized by this Article 5, upon the
election and qualification of officers to be elected at the next
succeeding general municipal election. Those officers shall be those
prescribed by Article 3.1 or Article 4, as the case may be, but the
change shall not in any manner or degree affect the property rights or
liabilities of the city or village. The mayor, clerk, and treasurer and
all other elected officers of a city or village in office at the time
the proposition for abandonment is approved shall continue in office
until the expiration of the term for which they were elected.
(d) If a city or village operating under this Article 5 has alderpersons or
trustees elected from wards or districts and a proposition to abandon operation under this Article 5 is approved, then the officers
to be elected at the next
succeeding general municipal election shall be elected from the same
wards or districts as exist immediately before the abandonment.
(e) If a city or village operating under this Article 5 has a council or
village board elected from the municipality at large and a proposition
to abandon operation under this Article 5 is approved, then
the first group of alderpersons,
board of trustees, or commissioners so elected shall be of the same
number as was provided for in the municipality at the time of the
adoption of a plan under this Article 5, with the same ward or district
boundaries in cities or villages that immediately before the adoption
of this Article 5 had wards or districts, unless the municipal
boundaries have been changed. If there has been such a change,
the council or village board shall so alter the former ward or district
boundaries so as to conform as nearly as possible to the former
division. If the plan authorized by this Article 5 is
abandoned, the next general municipal election for officers shall be
held at the time specified in Section 3.1-10-75 or
3.1-25-15 for that
election. The alderpersons or trustees elected at that election shall, if
the city or village was operating under Article 3 at the time of
adoption of this Article 5 and had at that time staggered 4 year terms
of office for the alderpersons or trustees, choose by lot which shall serve
initial 2 year terms as provided by Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in the case of election of those officers at
the first
election after a municipality is incorporated.
(f) The proposition to abandon the managerial form of municipal
government shall not be submitted in any city or village oftener than
once in 46 months.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-5-1.1) (from Ch. 24, par. 5-5-1.1)
Sec. 5-5-1.1.
The proposition to abandon the managerial form provided
in Section 5-5-1 shall not be submitted at the
primary election for the municipality.
(Source: P.A. 81-1489.)
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(65 ILCS 5/5-5-2) (from Ch. 24, par. 5-5-2)
Sec. 5-5-2.
The petition specified in Section 5-5-1 shall contain a
general statement, of not more than 200 words, of the reasons for which the
change is sought.
The petition shall include substantially the following:
To the Circuit Court of the County of (name of county):
We, the undersigned electors of the city (or village) of....,
entitled to vote for mayor (or president) in the city (or village) of
...., do hereby demand an election on the issue whether to retain the
managerial form for the following reasons: (Here state reasons in not
more than 200 words).
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Opposite his signature, each petitioner shall write the street and
number of his residence (if there are such) and the date on which he
signs the sheet. No signature shall be valid unless the requirements in
this paragraph are complied with and unless the date of signing is less
than 4 months preceding the date of filing the petition.
No signature shall be revoked, except by a written revocation filed with
the circuit court with whom the petition is required to be filed before
the petition is filed. Upon the request of any person, the clerk of such
circuit court shall furnish a certified copy of the petition including the
names thereon, upon the payment by that person to the clerk of a fee of $1
for each 100 names thereon.
(Source: P.A. 81-1489.)
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(65 ILCS 5/5-5-3) (from Ch. 24, par. 5-5-3)
Sec. 5-5-3.
Jurisdiction is vested in the circuit court to
determine without a jury the sufficiency of the petition.
The clerk of the court, with whom the petition is filed, immediately
after it is filed with him, shall present it to the court. The court
shall then schedule a hearing on the sufficiency of the petition as
provided in Section 5-5-1.
The specified court shall ascertain and declare by the entry of an order,
the sufficiency or insufficiency of the petition.
(Source: P.A. 80-1031.)
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(65 ILCS 5/5-5-4) (from Ch. 24, par. 5-5-4)
Sec. 5-5-4.
If the court finds the petition sufficient, it shall order the proposition
to be submitted at an election.
The clerk of the circuit court shall certify the proposition and the order
for submission to the proper election authorities.
(Source: P.A. 81-1489.)
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(65 ILCS 5/5-5-5) (from Ch. 24, par. 5-5-5)
Sec. 5-5-5.
Any city or village which has adopted this Article 5 and was
operating under Article 4 at the time of such adoption may upon
abandonment of this Article 5 also abandon operation under Article 4, as
provided in Section 4-10-1, and by so doing shall become subject to the alderperson
form provisions of Article 3 and shall be subject to the
provisions of that Article 3 the same as if it had been operating under
Article 3 at the time this Article 5 was adopted, except for any period of
time after abandonment of this Article 5 necessary to make the provisions
of Article 3 fully and completely applicable.
Any city or village which has adopted this Article 5 and was operating
under Article 3 at the time of such adoption may upon abandonment of this
Article 5 also abandon operation under Article 3 by adopting Article 4, as
provided in Sections 4-2-2 through 4-2-9, and by so doing shall become
subject to the provisions of Article 4 and shall be subject to the
provisions of that Article 4 the same as if it had been operating under
Article 4 at the time this Article 5 was adopted, except for any period of
time after abandonment of this Article 5 necessary to make the provisions
of Article 4 fully and completely applicable.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/5-5-6) (from Ch. 24, par. 5-5-6)
Sec. 5-5-6.
If a city or village operating under this Article 5 desires to submit
(1) the rejection or continuance of the managerial form of municipal
government and (2) the adoption or abandonment of the commission form or
the strong mayor form of municipal government if the managerial
government is abandoned, both propositions may be submitted at the same
election, and may be printed on the same ballot, but each proposition
shall be stated separately. In case the 2 petitions are filed, the time
limitation in Section 5-5-1 shall not apply. If the proposition to
abandon the managerial form of municipal government receives a majority
of the votes and the proposition to adopt or to abandon Article 4 or
Article 6, as the case may be, receives a majority of the votes, the
provision in Section 5-5-1 that such city or village shall become
subject to the provisions of Article 3, 4 or 6, whichever article was in
force in such city or village immediately prior to the abandonment or
the plan authorized by this Article 5 shall not apply. In case the
proposition to abandon the managerial form of municipal government fails
to receive a majority of votes and the proposition to adopt or to
abandon Article 4 or Article 6, as the case may be, receives a majority
of votes, the provisions of Section 5-5-5 shall be applicable.
In case the proposition to abandon the managerial form of municipal
government receives a majority of votes, and the proposition to adopt or
to abandon Article 4 or Article 6, as the case may be, fails to receive
a majority of the votes, the provision in Section 5-5-1 that such city
or village shall become subject to the provisions of Article 3, Article
4 or Article 6, whichever article was in force in such city or village
immediately prior to the adoption of the plan authorized by this Article
5 shall be applicable.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 6 heading) ARTICLE 6
STRONG MAYOR FORM GOVERNMENT
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(65 ILCS 5/Art. 6 Div. 1 heading) DIVISION 1.
GENERAL PROVISIONS
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(65 ILCS 5/6-1-1) (from Ch. 24, par. 6-1-1)
Sec. 6-1-1.
Short
title.
This Article shall be known, may be cited, and is hereafter designated
as "The Strong Mayor Form of Municipal Government".
(Source: P.A. 76-746.)
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(65 ILCS 5/6-1-2) (from Ch. 24, par. 6-1-2)
Sec. 6-1-2.
Application of Article 3.
The provisions of Article 3 shall apply to all officers elected or
appointed under this Article 6 unless otherwise provided or unless there is
a conflict between the provisions of this Article 6 and the provisions of
Article 3. In the event of such conflict, the provisions of this Article 6
shall control.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-1-3) (from Ch. 24, par. 6-1-3)
Sec. 6-1-3.
This Article 6 does not apply to an incorporated town which has
superseded a civil township.
(Source: P.A. 76-746.)
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(65 ILCS 5/Art. 6 Div. 2 heading) DIVISION 2.
ORGANIZATION
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(65 ILCS 5/6-2-1) (from Ch. 24, par. 6-2-1)
Sec. 6-2-1.
Adoption.
All municipalities of not less than 5,000 population and not exceeding
500,000 population which are treated as properly incorporated, or which
hereafter are incorporated, under this Code, in addition to all rights,
powers, and authority conferred upon them elsewhere in this Code, shall
have the rights, powers, and authority conferred in this article, by
proceeding as hereinafter provided.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-2-2) (from Ch. 24, par. 6-2-2)
Sec. 6-2-2.
Petition - Submission of proposition.
Electors of any municipality, equal in number to 1/10 the number
of votes cast for all candidates for mayor or president at the last
preceding municipal election for such officer, may petition one of the
circuit judges of the circuit in which that municipality is located to
cause to be submitted to a vote of the electors of that municipality the
proposition whether the municipality shall adopt this article.
Upon submission of such petition the court shall set a date not less
than 10 nor more than 30 days thereafter for a hearing on the
sufficiency thereof. Notice of the filing of such petition and of such
date shall be given in writing to the city or village clerk and to the
mayor or village president at least 7 days before the date of such
hearing.
If the petition is found sufficient, the judge shall enter an order
directing the submission of the
proposition at the next general municipal election. The clerk of the circuit
court shall certify the proposition to the proper election authority in
accordance with the general election law for submission to the electors.
(Source: P.A. 81-1489.)
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(65 ILCS 5/6-2-3) (from Ch. 24, par. 6-2-3)
Sec. 6-2-3.
Form of Petition.
The petition provided in Section 6-2-2 shall be substantially in the
following form and in accordance with the general election law: To the
Circuit Court of the (number of circuit) Judicial
Circuit:
We, the undersigned electors of the city (or village) of (name of
city or village), respectfully petition this court to order submitted to a vote
of the electors of (name of city or village), the following proposition:
Shall the city (or village) of.... adopt the strong mayor form of
municipal government?
(Source: P.A. 81-1489.)
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(65 ILCS 5/6-2-5) (from Ch. 24, par. 6-2-5)
Sec. 6-2-5.
Election - Result.
The referendum specified in Section 6-2-2
shall be conducted in accordance with the general election law.
The proposition shall be in substantially the following form:
Shall the city (or village) of YES.............. adopt the strong mayor form of municipal government? NO
If a majority of the electors voting upon this proposition vote Yes,
this article is adopted in that municipality. This article shall go into
effect in such city or village upon the election and qualification of
those persons elected at the next general municipal election at which
any corporate authority is elected.
If a majority of the electors voting upon this proposition vote No,
the proposition shall not be submitted again in that municipality for 22 months.
(Source: P.A. 81-1489.)
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(65 ILCS 5/6-2-6) (from Ch. 24, par. 6-2-6)
Sec. 6-2-6.
Canvass; record.
A certified copy of the canvass of the votes on the proposition
specified in Section 6-2-2, made by the proper officers of the election,
shall be transmitted to the municipal clerk, and to the clerk of the
county or counties in which the municipality is located. Each
clerk shall transcribe the copy upon the records of
the clerk's office.
(Source: P.A. 87-1119.)
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(65 ILCS 5/6-2-7) (from Ch. 24, par. 6-2-7)
Sec. 6-2-7.
Certificate of adoption.
If the strong mayor form of municipal government is adopted, the mayor
or president immediately shall transmit a certificate so stating to the
Secretary of State and the clerk and
the
recorder of the county or counties in which the municipality is
located. These officers shall file or record this certificate
in their
respective offices.
(Source: P.A. 87-1119.)
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(65 ILCS 5/Art. 6 Div. 3 heading) DIVISION 3.
ELECTION OF OFFICERS
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(65 ILCS 5/6-3-1) (from Ch. 24, par. 6-3-1)
Sec. 6-3-1.
Initial division into wards.
Not later than 30 days prior to
the first day on which candidate petitions may be filed for the primary
election at which the first municipal officers are to be nominated for office
under this Article 6, the corporate authorities shall divide the municipality
into wards pursuant to Section 6-3-5.
(Source: P.A. 81-1490.)
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(65 ILCS 5/6-3-2) (from Ch. 24, par. 6-3-2)
Sec. 6-3-2. Termination of terms of office.
The terms of office of all elected municipal officers holding office at
the time of the issuance of the certificate of adoption of the strong mayor
form of government by the municipality pursuant to Division 2 of this
Article 6 shall terminate upon the election and qualification for office of
municipal officers pursuant to this Division 3 of Article 6, except that
where an existing form of municipal government has the same number of wards
as would be required hereunder, the alderpersons holding office at the time of
the issuance of the certificate of adoption shall serve until the
expiration of the terms for which they were elected.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-3) (from Ch. 24, par. 6-3-3)
Sec. 6-3-3. Municipal officers - terms.
The municipality shall have the following elected officers: one mayor,
one municipal clerk and one municipal treasurer, all of whom shall be
elected at large, and alderpersons, the number of which shall be as follows: In
cities not exceeding 25,000 inhabitants, 8 alderpersons; between 25,001 and
40,000, 10 alderpersons; between 40,001 and 60,000, 14 alderpersons; between 60,001
and 80,000, 16 alderpersons; and exceeding 80,000, 20 alderpersons. Two alderpersons
shall be elected to represent each ward.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-4) (from Ch. 24, par. 6-3-4)
Sec. 6-3-4. Terms
of office.
All terms of office of officials elected pursuant to this Division 3 of
Article 6 shall be for terms of 4 years, except that alderpersons elected at
the first election for city officers held pursuant to this Article 6 shall
draw lots so that one-half of the alderpersons shall hold for a 4 year term,
and until their successors are elected and qualified, and one-half of the alderpersons
shall hold for a 2 year term, and until their successors are
elected and qualified. All alderpersons thereafter elected shall hold office
for a term of 4 years, and until their successors are elected and have
qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-5) (from Ch. 24, par. 6-3-5)
Sec. 6-3-5. Division into wards.
Every city shall have as many wards as one-half the total number of alderpersons
to which the city is entitled. The city council, from time to time
shall divide the city into that number of wards. In the formation of wards
the population of each ward as determined by the latest city, state or
national census shall be as nearly equal and the wards shall be of as
compact and contiguous territory, as practicable.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-6) (from Ch. 24, par. 6-3-6)
Sec. 6-3-6. Redistricting of city. Whenever an official publication of any national, state, school, or
city census shows that any city contains more or less wards than it is
entitled to, the city council of the city, by ordinance, shall
redistrict the city into as many wards only as the city is entitled.
This redistricting shall be completed not less than 30 days before
the first date on which candidate petitions may be filed
for the next succeeding general municipal election.
At this election there shall be elected the number of alderpersons to which
the city is entitled.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-7) (from Ch. 24, par. 6-3-7)
Sec. 6-3-7. Ward
division and election of alderpersons - validation.
If, after a census is officially published, any city is divided into a
greater or lesser number of wards and has elected a greater or lesser
number of alderpersons than the city is entitled, nevertheless such division
and election shall be valid and all acts, resolutions and ordinances of the
city council of such city, if in other respects in compliance with law, are
valid.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-8) (from Ch. 24, par. 6-3-8)
Sec. 6-3-8. Resignation; vacancy. An alderperson may resign from his or her
office. A vacancy occurs in the office of alderperson by reason of resignation,
failure to elect or qualify, death, permanent physical or mental disability,
conviction of a disqualifying crime, abandonment of office, or removal from
office. If a vacancy occurs in the office of alderperson in one of these ways or
otherwise, the vacancy shall be filled as provided in Sections 3.1-10-50 and
3.1-10-55. An appointment to fill a vacancy shall be made within 60 days after
the vacancy occurs. The requirement that an appointment be made within 60 days
is an exclusive power and function of the State and is a denial and limitation
under Article VII, Section 6, subsection (h) of the Illinois Constitution of
the power of a home rule municipality to require that an appointment be made
within a different period after the vacancy occurs.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-9) (from Ch. 24, par. 6-3-9)
Sec. 6-3-9. Qualifications of mayor, city clerk, city treasurer and alderpersons
- eligibility for other office.
No person shall be eligible to the office of mayor, city clerk, city
treasurer or alderperson:
(1) Unless he is a qualified elector of the | ||
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(2) Unless, in the case of alderpersons, he resides | ||
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(3) If he is in arrears in the payment of any tax or | ||
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(4) If he has been convicted in Illinois state courts | ||
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No alderperson shall be eligible to any office, except that of acting mayor
or mayor pro tem, the salary of which is payable out of the city treasury,
if at the time of his appointment he is a member of the city council.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-10) (from Ch. 24, par. 6-3-10)
Sec. 6-3-10. General elections - time for.
The first general election pursuant to this Division 3 of Article 6
shall be held at the time the next general municipal election would have
been held had the municipality not adopted this Article 6. At the first
general election so held, one mayor, one municipal clerk, one municipal
treasurer shall be elected at large and two alderpersons shall be elected from
each ward.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-3-11) (from Ch. 24, par. 6-3-11)
Sec. 6-3-11.
Primary elections.
A primary election shall be held to nominate 2 candidates for each office.
Primary and general elections shall otherwise be conducted at such times
and in such manner as is provided in the general election law.
(Source: P.A. 81-1490.)
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(65 ILCS 5/Art. 6 Div. 4 heading) DIVISION 4.
FUNCTIONS AND DUTIES OF MAYOR,
COUNCIL AND OFFICERS
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(65 ILCS 5/6-4-1) (from Ch. 24, par. 6-4-1)
Sec. 6-4-1.
Mayor.
The mayor shall be recognized as the official head of the city or
village by the courts for the purpose of serving civil process and by the
governor for all legal purposes.
The mayor of any city or village which adopts this Article 6 shall have
veto power as provided in Sections 6-4-2 through 6-4-4 and ordinances or
measures may be passed over his veto as therein provided. Such mayor shall
have the power to vote as provided in Section 6-4-5.
If any other act or any article of this Code other than Article 3 or
Article 4 provides for the appointment of a board, commission or other
agency by the mayor and the corporate authorities establish such board,
commission or agency, such appointments shall be made in manner so
provided.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-2) (from Ch. 24, par. 6-4-2)
Sec. 6-4-2.
Ordinances - Approval - Veto.
All ordinances passed by the council shall be deposited with the city or
village clerk. If the mayor approves of them, he shall sign them. Those of
which he disapproves he shall return to the council, with his written
objections, at the next regular meeting of the council occurring not less
than 5 days after their passage. The mayor may disapprove of any one or
more sums appropriated in any ordinance, resolution, or motion making an
appropriation, and, if so, the remainder shall be effective. However, the
mayor may disapprove entirely of an ordinance, resolution, or motion making
an appropriation. If the mayor fails to return any ordinance or any
specified resolution or motion with his written objections, within the
designated time, it shall become effective despite the absence of his
signature. The vote on every ordinance shall be by yeas and nays, and shall
be recorded in the journal.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-3) (from Ch. 24, par. 6-4-3)
Sec. 6-4-3. Reconsideration - passage over veto.
Every ordinance, which is returned to the council by the mayor shall be
reconsidered by the council. If, after such reconsideration, three-fifths
of all the alderpersons then holding office on the city council agree to pass
an ordinance, resolution, or motion, notwithstanding the mayor's refusal to
approve it, then it shall be effective.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-4-4) (from Ch. 24, par. 6-4-4)
Sec. 6-4-4. Vote
of city council - reconsideration.
No vote of the city council shall be reconsidered or rescinded at a
special meeting, unless there are present at the special meeting as many alderpersons
as were present when the vote was taken.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/6-4-5) (from Ch. 24, par. 6-4-5)
Sec. 6-4-5.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
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(65 ILCS 5/6-4-6) (from Ch. 24, par. 6-4-6)
Sec. 6-4-6.
Powers
of council.
The powers of the council shall be purely legislative, except as may be
otherwise specifically provided by any other act or by any article of this
Code. The council shall approve for payment of all expenses and liabilities
of the municipality.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-7) (from Ch. 24, par. 6-4-7)
Sec. 6-4-7.
Mayor
- Powers and duties.
The powers and duties of the mayor shall be:
(1) To enforce the laws and ordinances within the municipality;
(2) To appoint and remove his administrative assistants, budget and
finance director, heads of all departments, and to appoint and remove all
other officers of the municipality, commissions, boards and agencies,
except those covered by the civil service act in municipalities which have
adopted said act and except as provided in Section 6-4-14. No appointment
shall be made upon any basis other than that of merit and fitness and in
compliance with provisions of this act and with qualifications established
by the city council.
(3) To exercise control of all departments and divisions thereof created
in this Article 6, or that may be created by the council;
(4) To attend all meetings of the council with the right to take part in
the discussions, but with no right to vote, except as authorized in Section
6-4-5;
(5) To recommend to the council for adoption such measures as he may
deem necessary or expedient;
(6) To perform such other duties as may be prescribed by this Article 6
or may be required of him by ordinance.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-8) (from Ch. 24, par. 6-4-8)
Sec. 6-4-8.
Departments and officers.
Under the general supervision and administrative control of the mayor,
there shall be such departments as the council may prescribe by ordinance.
All officers of any city or village shall take and subscribe the oath
required by Section 6-4-9.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-9) (from Ch. 24, par. 6-4-9)
Sec. 6-4-9.
Oaths.
Before entering upon the duties of their respective offices all
officers, whether elected or appointed, shall take and subscribe the
following oath:
I do solemnly swear that I will support the Constitution of the United
States, and the Constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of .... according to the best
of my ability.
This oath, so subscribed, shall be filed in the office of the city or
village clerk.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-10) (from Ch. 24, par. 6-4-10)
Sec. 6-4-10.
First council-General ordinance.
At the first meeting of the council after this Article 6
becomes effective in any city or village, it shall pass a general ordinance
(1) amplifying the powers and duties of the mayor in conformity with this
Article 6, (2) defining the scope of each department and of each division
thereunder, (3) defining and prescribing the qualifications, powers and
duties of appointive officers and employees, (4) fixing the salaries of all
appointive officers and employees, (5) providing for independent audits of
all accounts of the city or village, which audits shall be conducted
independently of the mayor by some person selected by the council, (6)
repealing all city ordinances in conflict with the provisions of this
statute. Full reports of such audits shall be filed in the public records
of the city or village. The power with respect to such audits shall not be
construed to limit the responsibility of the mayor for the proper
expenditure of city or village funds.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-11) (from Ch. 24, par. 6-4-11)
Sec. 6-4-11.
Board of local improvements.
In any city or village adopting the strong mayor form of municipal
government, if such city or village has heretofore adopted or hereafter
adopts Division 2 of Article 9, the council shall by ordinance provide that
the board of local improvements be composed of the mayor and not less than
2 nor more than 4 members appointed by the mayor, which board shall have
all powers conferred and all duties imposed by Division 2 of Article 9.
Such members may be appointed from persons holding other offices or
positions in the government of the city or village.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-12) (from Ch. 24, par. 6-4-12)
Sec. 6-4-12.
Administrative assistant to mayor.
The mayor shall appoint one or more administrative assistants to assist
him in the direction of the operations of the various city departments and
agencies in cities of 50,000 or more population. Said administrative
assistant shall serve at the pleasure of the mayor, and shall have
qualifications equivalent to those of a city manager, which qualifications
shall be specified by ordinance by the city council and shall include
professional training and/or experience in the management and direction of
a wide range of administrative affairs of municipal government. The
administrative assistant to the mayor shall be solely answerable to the
mayor.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-13) (from Ch. 24, par. 6-4-13)
Sec. 6-4-13.
Budget and finance director.
The mayor in cities of 50,000 or more population shall appoint a budget
and finance director whose functions shall include the preparation, under
the direction of the mayor, of the annual municipal budget, the general
duties of budget director as provided by ordinance, and any
other financial duties allocated to the budget and finance director by order of
the mayor or by city
council ordinance. The budget and finance director shall serve
at the pleasure of the mayor. The
qualifications of a budget and finance director shall be outlined in an
ordinance by the city council and must include a broad background in
accounting (preferably municipal accounting), the ability to
evaluate and
establish systems and procedures, and administrative ability.
(Source: P.A. 87-1119.)
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(65 ILCS 5/6-4-14) (from Ch. 24, par. 6-4-14)
Sec. 6-4-14.
Board
of fire and police commissioners.
The mayor shall appoint a board of fire and police commissioners who
shall have all the powers and duties enumerated in Sections 10-2.1-1
through 10-2.1-28 of this Code, as heretofore and hereafter amended.
(Source: P.A. 76-746.)
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(65 ILCS 5/6-4-15) (from Ch. 24, par. 6-4-15)
Sec. 6-4-15.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
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(65 ILCS 5/6-4-16) (from Ch. 24, par. 6-4-16)
Sec. 6-4-16.
(Repealed).
(Source: Repealed by P.A. 87-1119.)
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(65 ILCS 5/Art. 6 Div. 5 heading) DIVISION 5.
COMPENSATION
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(65 ILCS 5/6-5-1) (from Ch. 24, par. 6-5-1)
Sec. 6-5-1. Mayor,
clerk, treasurer and alderpersons.
The mayor, clerk, treasurer and alderpersons elected under the provisions of
this Article 6 shall each receive for the performance of their respective
duties annual salaries fixed by the city council. Such salaries shall not
be increased or decreased during any term of office. They must be
established six months prior to general municipal elections at which such
officials are to be voted on.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/Art. 7 heading) ARTICLE 7
TERRITORY
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(65 ILCS 5/Art. 7 Div. 1 heading) DIVISION 1.
ANNEXATION
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(65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
Sec. 7-1-1. Annexation of contiguous territory. Any territory that is not within the corporate limits of any municipality but
is contiguous to a municipality may be annexed to the municipality as provided
in this Article. For the purposes of this Article any territory to be annexed
to a municipality shall be considered to be contiguous to the municipality
notwithstanding that the territory is separated from the municipality by a lake, river, or other waterway or the territory is separated from the municipality by a
strip parcel, railroad or public utility right-of-way, or former railroad right-of-way that has been converted to a recreational trail, but upon annexation the area included
within that strip parcel, right-of-way, or former right-of-way shall not be considered to be annexed to the
municipality. For purposes of this Section, "strip parcel" means a separation no wider than 30 feet between the territory to be annexed and the municipal boundary.
Except in counties with a population of more than
600,000
but
less than 3,000,000, territory which is not contiguous to a municipality but is
separated therefrom only by a forest preserve district, federal wildlife refuge, open land or open space that is part of an open space program, as defined in Section 115-5 of the Township Code, or conservation area, may be annexed to the
municipality pursuant to Section 7-1-7 or 7-1-8, but
only if the annexing municipality can show that the forest preserve district, federal wildlife refuge, open land, open space, or conservation area
creates an artificial barrier preventing the annexation and that the location
of the forest preserve district, federal wildlife refuge, open land, open space, or conservation area property prevents the orderly natural growth of
the annexing municipality. Except for parcels of land less than one acre in size, it shall be conclusively presumed that the forest
preserve district, federal wildlife refuge, open land, open space, or conservation area does not create an artificial barrier if the property sought
to be annexed is bounded on at least 3 sides by (i) one or more other
municipalities (other than the municipality seeking annexation through the
existing forest preserve district, federal wildlife refuge, open land, open space, or conservation area), (ii) forest preserve district property, federal wildlife refuge, open land, open space, or conservation area, or
(iii) a combination of other municipalities and forest preserve district
property, federal wildlife refuge property, open land, open space, or conservation area. Except of parcels of land less than one acre in size, it shall also be conclusively presumed that the forest preserve
district, federal wildlife refuge, open land, open space, or conservation area
does not create an artificial barrier if the municipality seeking
annexation is not the closest municipality within the county to the property to be annexed.
The territory included
within such forest preserve district, federal wildlife refuge,
open land, open space, or conservation area shall not be annexed to the municipality
nor shall the territory of the forest preserve district, federal wildlife refuge, open land, open space, or conservation area be subject to
rights-of-way for access or services between the parts of the municipality
separated by the forest preserve district, federal wildlife refuge, open land, open space, or conservation area without the consent of the governing
body of the forest preserve district or federal wildlife refuge. Parcels of land less than one acre in size may be annexed to the municipality pursuant to Section 7-1-7 or 7-1-8 if it would be contiguous to the municipality but for the separation therefrom by a forest preserve district, federal wildlife refuge, open land or open space that is part of an open space program, as defined in Section 115-5 of the Township Code, or conservation area.
The changes made to this Section by Public Act 91-824 are
declaratory of existing law and shall not be construed as a new enactment.
For the purpose of this Section, "conservation area" means an area dedicated to conservation and owned by a not-for-profit organized under Section 501(c)(3) of the Internal Revenue Code of 1986, or any area owned by a conservation district. In counties that are contiguous to the Mississippi River with populations
of more than 200,000 but less than 255,000, a municipality that is partially
located in territory that is wholly surrounded by the Mississippi River and a
canal, connected at both ends to the Mississippi River and located on property
owned by the United States of America, may annex noncontiguous territory in the
surrounded territory under Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated from the municipality by property owned by the United States of
America, but that federal property shall not be annexed without the consent of
the federal government.
For the purposes of this Article, any territory to be annexed to a municipality that is located in a county with more than 500,000 inhabitants shall be considered to be contiguous to the municipality if only a river and a national heritage corridor separate the territory from the municipality. Upon annexation, no river or national heritage corridor shall be considered annexed to the municipality.
When any land proposed to be annexed is part of any Fire Protection
District or of any Public Library District and the annexing
municipality provides fire protection or a public library, as the case
may be, the Trustees of each District shall be notified in writing by
certified or registered mail before any court hearing or other action is
taken for annexation. The notice shall be served 10 days in advance.
An affidavit that service of notice has been had as provided by this
Section must be filed with the clerk of the court in which the
annexation proceedings are pending or will be instituted or, when no
court proceedings are involved, with the recorder for the
county where the land is situated. No annexation of that land is
effective unless service is had and the affidavit filed as provided in
this Section.
The new boundary shall extend to the far side of any adjacent highway
and shall include all of every highway within the area annexed. These
highways shall be considered to be annexed even though not included in
the legal description set forth in the petition for annexation. When
any land proposed to be annexed includes any highway under the
jurisdiction of any township, the Township Commissioner of Highways,
the Board of Town Trustees, the Township Supervisor, and the Township Clerk shall be notified in writing by certified or
registered mail before any court hearing or other action is taken for
annexation. In the event that a municipality fails to notify the Township
Commissioner of Highways, the Board of Town Trustees, the Township Supervisor, and the Township Clerk of the annexation
of an area within the township, the municipality shall reimburse that
township for any loss or liability caused by the failure to give
notice. If any municipality has annexed any area before October 1,
1975, and the legal description in the petition for annexation did not
include the entire adjacent highway, any such annexation shall be valid and any
highway adjacent to the area annexed shall be considered to be annexed
notwithstanding the failure of the petition to annex to include the
description of the entire adjacent highway.
When annexing territory separated from the municipality by a lake, river, or other waterway, the municipality also annexes the portion of the lake, river, or other waterway that would make the municipality and territory contiguous if the lake, river, or other waterway is under the jurisdiction and control of another unit of local government or the State, or the federal government if allowed under federal law, except for any territory within the corporate limits of another municipality. Any annexation, disconnection and annexation, or disconnection under
this Article of any territory must be reported by certified or
registered mail by the corporate authority initiating the action to the
election authorities having jurisdiction in the territory, the Department of Transportation, and the post
office branches serving the territory within 30 days of the annexation,
disconnection and annexation, or disconnection.
Failure to give notice to the required election authorities or
post office branches will not invalidate the annexation or
disconnection. For purposes of this Section "election authorities"
means the county clerk where the clerk acts as the clerk of elections
or the clerk of the election commission having jurisdiction.
No annexation, disconnection and annexation, or disconnection under
this Article of territory having electors residing therein made (1)
before any primary election to be held within the municipality
affected thereby and after the time for filing petitions as a candidate
for nomination to any office to be chosen at the primary election or (2) within
60 days before any general election to be held within the municipality shall be
effective until the day after the date of the primary or general election, as
the case may be.
For the purpose of this Section, a toll highway or connection between
parcels via an overpass bridge over a toll highway shall not be
considered a deterrent to the definition of contiguous territory.
When territory is proposed to be annexed
by court order under this Article, the corporate
authorities or petitioners
initiating the action shall notify each person who pays real estate taxes on
property within that territory unless the person is a petitioner. The notice
shall be served
by certified
or registered mail, return receipt requested, at least 20 days before a court
hearing or other court action.
If the person
who pays real estate taxes on the property is not the owner of
record, then the payor shall notify the owner of record of the proposed
annexation.
(Source: P.A. 102-969, eff. 1-1-23.)
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(65 ILCS 5/7-1-1.1) (from Ch. 24, par. 7-1-1.1)
Sec. 7-1-1.1.
Elector.
For the purposes of this Division 1, "elector"
means anyone registered to vote.
(Source: P.A. 90-14, eff. 7-1-97.)
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(65 ILCS 5/7-1-2) (from Ch. 24, par. 7-1-2)
Sec. 7-1-2.
(a) A written petition signed by a majority of the owners
of record of land in the territory and also by a majority of the electors,
if any, residing in the territory shall be filed with the circuit court
clerk of the county in which the territory is located, or the corporate
authorities of a municipality may initiate the proceedings by enacting an
ordinance expressing their desire to annex the described territory.
A person owning land underlying a highway shall not be considered an owner of
record for purposes of this petition unless that person owns some land not
underlying a highway proposed to be annexed in the petition for annexation.
No
tract of land in excess of 10 acres in area may be included in the
ordinances of a municipality initiating the proceedings, however, without
the express consent of the owner of the tract unless the tract (i) is
subdivided into lots or blocks or (ii) is bounded on at least 3 sides by
lands subdivided into lots or blocks. A tract of land shall be deemed so
bounded if it is actually separated from the subdivision only by the
right-of-way of a railroad or other public utility or at a public highway.
The petition or ordinance, as the case may be, shall request the annexation
of the territory to a specified municipality and also shall request that
the circuit court of the specified county submit the question of the
annexation to the corporate authorities of the annexing municipality or to
the electors of the unincorporated territory, as the case may be. The
circuit court shall enter an order fixing the time for the hearing upon the
petition, and the day for the hearing shall be not less than 20 nor more
than 30 days after the filing of the petition or ordinance, as the case may be.
(b) The petitioners or corporate authorities, as the case may be, shall
give notice of the annexation petition or ordinance, as the case may be,
not more than 30 nor less than 15 days before the date fixed for the
hearing. This notice shall state that a petition for annexation or
ordinance, as the case may be, has been filed and shall give the substance of
the petition, including a description of the territory to be annexed, the
name of the annexing municipality, and the date fixed for the hearing.
This notice shall be given by publishing a notice at least once
in one or more newspapers published in the annexing municipality or, if
no newspaper is published in the annexing municipality, in one or more
newspapers with a general circulation within the annexing municipality and
territory. A copy of this notice shall be filed with the clerk of the
annexing municipality and the municipal clerk shall send, by registered
mail, an additional copy to the highway commissioner of each road district
within which the territory proposed to be annexed is situated. If a
municipal clerk fails to send the notice to a highway commissioner as
required by this subsection, the municipality shall reimburse the road
district served by that highway commissioner for any loss or liability
caused by that failure. Any notice required by this Section need not include a metes and bounds legal description of the territory to be annexed, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the territory to be annexed.
(c) The petitioners or corporate authorities, as the case may be, shall
pay to the clerk of the circuit court $10 as a filing and service fee,
and no petition or ordinance, as the case may be, shall be filed until
this fee is paid.
(d) No petitioner may withdraw from this petition
except by consent of the majority of the other petitioners, or
where it is shown to the satisfaction of the court that the signature of
the petitioner was obtained by fraud or misrepresentation.
(e) If a State charitable institution is situated upon a tract or
tracts of land that lie partly within and partly without the corporate
limits of any municipality, the corporate authorities of the municipality
may by resolution without any petition or proceedings required by this
Article but with the written consent of the Director of the State
Department having jurisdiction of the institution, annex any part or all of
the tracts lying without the corporate limits.
(f) If real estate owned by the State of Illinois or any board,
agency, or commission of the State is situated in unincorporated territory
adjacent to a municipality, the corporate authorities of the municipality
may annex any part or all of the real estate only with the written consent
of the Governor or the governing authority of the board, agency, or
commission, without any petition or proceedings required by this Article by
resolution of the corporate authorities. This requirement does not apply,
however, to State highways located within territory to be annexed under
this Article.
(Source: P.A. 97-336, eff. 8-12-11.)
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(65 ILCS 5/7-1-3) (from Ch. 24, par. 7-1-3)
Sec. 7-1-3.
After the filing of the petition but not less than 5 days prior
to the date fixed for the hearing, any interested person may file with the
circuit clerk his objections (1) that the territory described in the
petition or ordinance, as the case may be, is not contiguous to the
annexing municipality, (2) that the petition is not signed by the requisite
number of electors or property owners of record, (3) that the description
of the territory contained in the petition or ordinance, as the case may
be, is inadequate, or (4) that the objector's land is located on the
perimeter of such territory, that he does not desire annexation, and that
exclusion of his land will not destroy the contiguity of such described
property with the annexing municipality.
(Source: Laws 1967, p. 3740.)
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(65 ILCS 5/7-1-4) (from Ch. 24, par. 7-1-4)
Sec. 7-1-4.
The cause shall be heard without further pleadings.
At
the hearing the objector may be heard in person or by counsel.
Prior to hearing evidence on the validity of the annexation petition
or ordinance, the court shall hear and determine any objection under
sub-paragraph (4) of Section 7-1-3. If the court is satisfied that such
objection is valid, it shall order the petition or ordinance to be
amended to eliminate such objector's land from the territory sought to
be annexed. Thereafter upon this hearing the only matter for
determination shall be the validity of the annexation petition or
ordinance, as the case may be, and the decision of the court shall be
final. All petitions shall be supported by an affidavit of one or more
of the petitioners, or some one on their behalf, that the signatures on
the petition represent a majority of the property owners of record of land
in the territory described
and a majority of the electors of the territory therein described.
Petitions so verified shall be accepted as prima facie evidence of such
facts. If the court finds that (1) the annexation petition is not signed
by the requisite number of electors or property owners of record; or (2)
that the described property is not contiguous to the annexing
municipality; or (3) that the description is materially defective; or
(4) that the petition or ordinance, as the case may be, is otherwise
invalid, the court shall dismiss the petition or ordinance, as the case
may be.
But if the court finds that the petition or ordinance, as the case
may be, is valid, the court shall (1) enter an order describing the
territory to be annexed, (2) find that the petition or ordinance, as the
case may be, conforms to this Article, and (3) direct that the question
of annexation be submitted to the corporate authorities of the annexing
municipality or to the electors of the unincorporated territory, as the
case may be, for final action. A certified copy of the order of the
court directing that the question of annexation be submitted to the
corporate authorities shall be sent to the clerk of the annexing
municipality.
Appeals shall lie from any final order of the court as in other civil actions.
(Source: P.A. 81-448.)
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(65 ILCS 5/7-1-5) (from Ch. 24, par. 7-1-5)
Sec. 7-1-5.
After the clerk receives the certified copy of the order of the
court, the corporate authorities of the annexing municipality shall proceed
to consider the question of the annexation of the described territory. A
majority vote of the corporate authorities then holding office is required
to annex. The vote shall be by "ayes" and "noes" entered on the legislative
records. Except as is otherwise provided in Section 7-1-1, this decision
shall be effective after the expiration of 30 days unless a referendum
on the question is ordered by the corporate authorities or unless a
petition for a referendum is filed. If no referendum is ordered by the
corporate authorities and no petition for a referendum is filed, the
municipal clerk shall, promptly after the expiration of the 30 days, send
written notice of the annexation by registered mail to the highway
commissioner of each road district within which the annexed
territory is described. If a municipal clerk fails to send any notice to a
highway commissioner as required by this Section, the municipality shall
reimburse the road district served by that highway commissioner for any
loss or liability caused by that failure.
(Source: P.A. 87-533.)
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(65 ILCS 5/7-1-5.1) (from Ch. 24, par. 7-1-5.1)
Sec. 7-1-5.1.
(a) This Section shall apply when the following
conditions are met with respect to any tract within the territory sought to be annexed:
(1) the tract is commercial or industrial property;
(2) the tract is owned by a single owner;
(3) the tract is all or part of a parcel that lies on both sides of the
Illinois and Michigan Canal;
(4) the tract is all or part of a parcel containing more than 800 acres; and
(5) the tract is located entirely within a county having a population of
at least 300,000 but not more than 400,000.
(b) If the conditions of subsection (a) are met, then the following shall apply:
(1) Notwithstanding the provisions of Section 7-1-2, the notice of the
annexation petition or ordinance, as the case may be, shall be given by the
petitioner or corporate authorities, as the case may be, by publishing such
notice in one newspaper of general circulation for 3 consecutive days, the
third day of publication being not less than 30 and not more than 45 days
prior to the date fixed for the hearing.
(2) Every owner of record of commercial or industrial property of 50
acres or more which lies within the territory to be annexed shall be
notified by the petitioner or corporate authorities, as the case may be, by
certified mail, of the public hearing, any meeting of the corporate
authorities where a vote is to be taken in regard to the proposed
annexation, and any impending referendum to annex, at least 30 days prior
to any such public hearing, meeting, or referendum.
(3) Notwithstanding the provisions of Section 7-1-5, the ordinance shall
be enacted not less than 30 and not more than 45 days after the public hearing.
(4) No territory shall be annexed by any proceeding which does not
require the consent of the owner of record unless at least one-third of
such territory is used and occupied for residential purposes at the time of
annexation.
(Source: P.A. 85-1421.)
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(65 ILCS 5/7-1-5.2) (from Ch. 24, par. 7-1-5.2)
Sec. 7-1-5.2.
Annexation of contiguous territory contributing to
groundwater contamination.
(a) The corporate authorities of a municipality adjoining
unincorporated territory in which the majority of residential, business,
commercial, and industrial structures and improvements are contaminating the
groundwater of the State through the direct discharge of sanitary sewerage
into underground mines and Class 5 injection wells, as defined by the
Illinois Groundwater Pollution Control Code, may annex that territory, in
whole or in part, after adopting an ordinance to that effect and filing it
with the clerk of the circuit court of the county in which the territory is
located. The ordinance shall certify the following:
(1) That the territory sought to be annexed is | ||
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(2) That a survey of all residential, business, | ||
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(3) That the corporate authorities of the | ||
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(4) That no tract of land in excess of 10 acres has | ||
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The circuit court shall enter an order fixing the date and time for a hearing
on the proposed annexation. The date for the hearing shall be not less than
20 nor more than 30 days after the filing of the ordinance. The corporate
authorities shall give notice of the proposed annexation not more than 30
nor less than 15 days before the date fixed for the hearing. This notice
shall state that an ordinance has been filed and shall give the substance of
the ordinance, including a description of the territory to be annexed, the name
of the annexing municipality, and the date fixed for the hearing. This notice
shall be given by publishing it at least once in one or more newspapers
published in the annexing municipality. A copy of this notice shall be filed
with the clerk of the annexing municipality.
The corporate authorities shall pay to the clerk of the circuit court $10
as a filing and service fee, and no ordinance shall be filed until this fee is
paid.
(b) After the filing of the ordinance, but not less than 5 days before
the date fixed for the hearing, any interested person may file with the
clerk of the circuit court objections (i) that the territory described in the
ordinance is not contiguous to the annexing municipality, (ii) that all or a
portion of the territory described in the ordinance is included within the
boundaries of another municipality, (iii) that a majority of all residential,
business, commercial, and industrial structures and improvements in the
territory sought to be annexed are not discharging untreated sanitary
sewerage directly into underground mines or Class 5 injection wells as
defined by the Illinois Groundwater Pollution Control Code, (iv) that the
corporate authorities of the municipality seeking annexation do not have a
plan for eliminating groundwater contamination by providing sanitary
sewerage collection and treatment facilities to serve the territory sought
to be annexed within 5 years from the date of annexation to the
municipality, (v) that the description of the territory contained in the
ordinance is inadequate, or (vi) that a tract of land in excess of 10 acres
has been included in the ordinance without the express consent of the owner
or owners of the tract.
(c) The cause shall be heard without further pleadings. At the hearing
the objectors may be heard in person or by counsel. The court shall hear and
determine only objections set forth in subsection (b). The only matters for
determination at the hearing shall be the validity of the annexation
ordinance, and the decision of the court shall be final. If the court
finds (i) that the territory described in the ordinance is not contiguous
to the annexing municipality, (ii) that all or a portion of the territory
described in the ordinance is included within the boundaries of another
municipality, (iii) that a majority of all residential, business, commercial,
and industrial structures and improvements in the territory sought to be
annexed are not discharging untreated sanitary sewerage directly into
underground mines or Class 5 injection wells as defined by the Illinois
Groundwater Pollution Control Code, (iv) that the corporate authorities of
the municipality seeking annexation do not have a plan for eliminating
groundwater contamination by providing sanitary sewerage collection and
treatment facilities to serve the territory sought to be annexed within 5
years from the date of annexation to the municipality, (v) that the
description of the territory contained in the ordinance is inadequate, or
(vi) that a tract of land in excess of 10 acres has been included in the
ordinance without the express consent of the owner or owners of the tract, then
the court shall find the ordinance invalid and dismiss the petition.
If the court finds that the ordinance is valid, the court shall (i)
enter an order describing the territory to be annexed, (ii) find that the
ordinance complies with this Section, and (iii) direct that the question of
annexation be submitted to the corporate authorities of the annexing
municipality for final action. A certified copy of the order of the court
directing that the question of annexation be submitted to the corporate
authorities shall be sent to the clerk of the annexing municipality.
A final order of the court may be appealed as in other civil actions.
(d) After the municipal clerk receives the certified copy of the court
order, the corporate authorities of the annexing municipality shall proceed
to consider the question of the annexation of the described territory. A
majority vote of the corporate authorities then holding office is required
to annex the territory. The vote shall be by "ayes" and "nays" entered on the
legislative records of the municipality. Except as otherwise provided in
Section 7-1-1, this decision of the corporate authorities shall be effective
after the expiration of 30 days.
(Source: P.A. 87-1196.)
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(65 ILCS 5/7-1-5.3)
Sec. 7-1-5.3. Planned unit development; rail-trail. When a developer petitions a municipality to annex property for a planned unit development of residential, commercial, or industrial sub-divisions that is located adjacent to a former railroad right-of-way that has been converted to a recreational trail ("rail-trail") that is owned by the State, a unit of local government, or a non-profit organization, the municipality shall notify the State, unit of local government, or non-profit organization and furnish the proposed development plans to the State, unit of local government, or non-profit organization for review. The municipality shall require the developer petitioning for annexation to reasonably accommodate the rail-trail and modify its proposed development plans to ensure against adverse impacts to the users of the rail-trail or the natural and built resources within the right-of-way. If the municipality does not require the developer to make a modification prior to annexation, the municipality shall provide a written explanation to the State, unit of local government, or non-profit organization owning the rail-trail. The intent of this review and planning process is to ensure that no development along a rail-trail negatively affects the safety of users or the natural and built resources within the right-of-way.
(Source: P.A. 94-361, eff. 1-1-06.) |
(65 ILCS 5/7-1-6) (from Ch. 24, par. 7-1-6)
Sec. 7-1-6.
(a) If the vote is in favor of annexing the described
territory, the corporate authorities on their own motion may order a
referendum on the question. If the corporate authorities reject
annexation, or do not order a referendum, then within the 30 day period
a petition may be filed with the municipal clerk requesting that
the question of the annexation of the described territory be submitted
to the electors of the annexing municipality. The petition shall be
signed by electors of the annexing municipality equal in number to 10%
of the entire vote cast for all candidates for mayor or president of the
annexing municipality at the last preceding general municipal election.
The municipal clerk shall certify the proposition to the proper election
authority for submission to the electors at an election in accordance with
the general election law and shall send, by registered mail, a notice of
the date of the prospective referendum to the highway commissioner of each
road district within which the described territory is situated.
(b) If a majority of the electors voting on this question favor
annexation, the decision of the corporate authorities, if in favor of
annexation, shall be final. If a majority of the electors voting on this
question favor annexation, after the corporate authorities have rejected
annexation, the decision of the electors shall be final. In either case,
the described territory shall thereupon be a part of the annexing municipality.
(c) If the vote is against annexation, no further proceedings shall be
had on that petition for annexation, and no action in favor of the
annexation shall have any effect. After the referendum, the municipal clerk
shall promptly send written notice of the results of the referendum by
registered mail to the highway commissioner of each road district within
which the described territory is situated. This, however, shall not prevent
the subsequent annexation of the described territory upon another petition.
(d) If a municipal clerk fails to send any notice to a highway
commissioner as required by this Section, the municipality shall reimburse
the road district served by that highway commissioner for any loss or
liability caused by that failure.
(Source: P.A. 87-533.)
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(65 ILCS 5/7-1-7) (from Ch. 24, par. 7-1-7)
Sec. 7-1-7.
(a) If the court finds that an annexation ordinance is
valid, the court shall enter an order directing the submission of the
question of annexation of the unincorporated territory to the electors of
that territory at an election in accordance with the general election law
and directing the clerk of the annexing municipality to send, by registered
mail, a notice of the date of the prospective referendum to the highway
commissioner of each road district within which the territory proposed to
be annexed is situated. The clerk of the circuit court shall certify the
question for submission.
(b) If a majority of those casting ballots favor
annexation, the described
territory shall, except as otherwise provided in Section 7-1-1, thereupon
be a part of the annexing municipality. Within 15 days after the
referendum, the clerk of the annexing municipality shall promptly send
written notice of the results of the referendum by registered mail to the
highway commissioner of each road district within which the territory is
situated.
(c) If a municipal clerk fails to send any notice to a highway
commissioner as required by this Section, the municipality shall reimburse
the road district served by that highway commissioner for any loss or
liability caused by that failure.
(Source: P.A. 87-533; 88-355.)
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(65 ILCS 5/7-1-8) (from Ch. 24, par. 7-1-8)
Sec. 7-1-8.
Any territory which is not within the corporate limits of any
municipality but which is contiguous to a municipality at the time of
annexation and which territory
has no electors residing therein, or any such territory with electors
residing therein, may be annexed to the municipality in the following
manner: a written petition signed by the owners of record of all land
within such territory and by at least 51% of the electors residing therein
shall be filed with the municipal clerk. The petition shall request
annexation and shall state that no electors reside therein or that at least
51% of such electors residing therein join in the petition, whichever shall
be the case, and shall be under oath. The corporate authorities of the
municipality to which annexation is sought shall then consider the question
of the annexation of the described territory. A majority vote of the
corporate authorities then holding office is required to annex. The vote
shall be by "yeas" and "nays" entered on the legislative records. A copy of
the ordinance annexing the territory together with an accurate map of the
annexed territory shall be recorded with the recorder and filed
with the County Clerk within the county wherever the annexed territory is
located.
(Source: P.A. 83-358.)
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(65 ILCS 5/7-1-9) (from Ch. 24, par. 7-1-9)
Sec. 7-1-9.
Whenever any contiguous, uninhabited, unincorporated
territory is owned by any municipality, that territory may be annexed by
that municipality by the passage of an ordinance to that effect,
describing the territory to be annexed. A copy of the ordinance, with an
accurate map of the annexed territory shall be recorded with the
recorder of the county wherein the annexed territory is
located and a document of annexation shall be filed with the county clerk
and County Election Authority.
(Source: P.A. 83-358.)
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(65 ILCS 5/7-1-10) (from Ch. 24, par. 7-1-10)
Sec. 7-1-10.
Any municipality by ordinance may annex any territory
contiguous to it even though the annexed territory is dedicated or used
for street or highway purposes under the jurisdiction of the Department
of Transportation of the State of Illinois, or a county or township
highway department if no part of the annexed territory is within any
other municipality. After the passage of the ordinance of annexation a
copy of the ordinance, with an accurate map of the territory annexed,
certified as correct by the clerk of the municipality, shall be filed
with the recorder of the county in which the annexed territory
is situated and a document of annexation shall be filed with the county
clerk and County Election Authority.
(Source: P.A. 83-358.)
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(65 ILCS 5/7-1-10.5) Sec. 7-1-10.5. Disconnection or de-annexation of annexed highways. Notwithstanding any other law or regulation, if any highway that was, prior to annexation, a township highway is disconnected or de-annexed within one year after the original annexation, the jurisdiction of the highway shall revert back to the township that had jurisdiction immediately before the annexation.
(Source: P.A. 100-350, eff. 8-25-17.) |
(65 ILCS 5/7-1-11) (from Ch. 24, par. 7-1-11)
Sec. 7-1-11.
The following is an optional method of annexing any
territory which, (1) is not less than one square mile in area; (2)
contains at least 500 inhabitants; (3) is not included within any
municipality; and (4) is contiguous to a municipality having not more
than 100,000 inhabitants. Such territory may be annexed to a
municipality of the specified sort as follows:
A petition, signed by not less than 100 of the electors of the
territory sought to be annexed and by the owners of record of more than
50% of such territory, shall be filed with the circuit court for the
county in which the territory is situated. The petition shall request
that the question of annexation of the territory described therein be
submitted to the electors of the territory.
No tract of land in excess of 10 acres in area shall be included in
the annexation petition without the express consent of the owner thereof
unless the tract is
(1) subdivided into lots or blocks; or
(2) bounded on at least 3 sides by lands subdivided into lots or
blocks.
The owner of record of land comprising any part of the perimeter of
the territory sought to be annexed may apply to the court for the
exclusion of his land from the territory described in such petition. The
court shall grant such application if the exclusion of such land will
not destroy the contiguity of the land sought to be annexed with the
annexing municipality.
After considering any such application, the court shall order the question
submitted within the territory at an election in accordance
with the general election law. The clerk of the circuit court shall certify
the question to the proper election authority for submission.
The result of the election shall be entered of record in the court.
If a majority of the votes cast on the question
favor annexation, the
court shall then give notice thereof to the corporate authorities of the
proposed annexing municipality. The corporate authorities shall then
vote on the question of such annexation and if a majority of their
membership, by a vote recorded in the minutes, vote in favor of the
annexation, an ordinance shall be passed annexing the territory. The
clerk of the annexing municipality shall certify and file a copy of the
annexation ordinance with a map showing the boundary lines of the
territory annexed, with the recorder of the county in which the
municipality is located and a document of annexation shall be filed with
the county clerk and County Election Authority.
If the question of such annexation does not receive the requisite
majority vote of the corporate authorities, the municipal clerk
shall certify the question at an election in accordance with the general election law.
If a majority of persons voting upon the question vote for
annexation, the described territory is annexed to the annexing
municipality. The clerk of the annexing municipality shall certify and
file a statement of the annexation proceeding with a map showing the
boundary lines of the territory annexed, as provided in this section.
If a majority of persons voting on the question vote against
annexation, no further proceedings shall be had on the question for at
least 22 months from the date of such election.
(Source: P.A. 83-1362.)
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(65 ILCS 5/7-1-12) (from Ch. 24, par. 7-1-12)
Sec. 7-1-12.
Upon a written petition which is signed by a majority of
the owners of record of land in any contiguous unincorporated territory
wholly bounded by 2 or more municipalities and after the notice required
by this Section has been given, the specified territory may be annexed
by any one of the specified municipalities by the passage of an
ordinance providing therefor. The corporate authorities of the annexing
municipality shall cause notice of the filing of such petition to be
published once, in a newspaper of general circulation within the
territory to be annexed, not less than 10 days before the passage of the
annexation ordinance. When the territory to be annexed lies wholly or
partially within a township other than that township where the municipality
is situated, the annexing municipality shall give at least 10 days prior
written notice of the time and place of the passage of the annexation ordinance
to the township supervisor of the township where the territory to be
annexed lies. The ordinance shall describe the territory
annexed, which may not exceed 1/3 the area of the annexing municipality
before the annexation. A copy of the annexing ordinance and an accurate
map of the annexed territory shall be recorded by the recorder
of the county wherein the annexed territory is situated and a document of
annexation shall be filed with the county clerk and County Election Authority.
(Source: P.A. 86-769.)
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(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13) Sec. 7-1-13. Annexation. (a) Whenever any unincorporated territory containing 60
acres or less, is wholly bounded by (a) one or more municipalities, (b)
one or more municipalities and a creek in a county with a population of
400,000 or more, or one or more municipalities and a river or lake in any
county, (c) one or more municipalities and the Illinois State
boundary, (d) except as provided in item (h) of this subsection (a), one or more municipalities and property owned by the
State of Illinois, except highway right-of-way owned in fee by the State,
(e) one or more municipalities and a forest preserve district or park district,
(f) if the territory is a triangular parcel of less than 10 acres, one or
more municipalities and an interstate highway owned in fee by the State and
bounded by a frontage road, (g) one or more municipalities in a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and either a railroad or operating property, as defined in the Property Tax Code (35 ILCS 200/11-70), being immediately adjacent to, but exclusive of that railroad property, (h) one or more municipalities located within a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and property owned by the State, including without limitation a highway right-of-way owned in fee by the State, or (i) one or more municipalities and property on which a federally funded research facility in excess of 2,000 acres is located, that territory may be annexed
by any municipality by which it is bounded in whole or in part,
by the passage of an ordinance to that effect after notice is given as
provided in subsection (b) of this Section. Land or property that is used for agricultural purposes or to produce agricultural goods shall not be annexed pursuant to item (g). Nothing in this Section shall subject any railroad property to the zoning or jurisdiction of any municipality annexing the property under this Section. The
ordinance shall describe the territory annexed and a copy thereof together
with an accurate map of the annexed territory shall be recorded in the
office of the recorder of the county wherein the annexed territory is
situated and a document of annexation shall be filed with the county clerk
and County Election Authority. Nothing in this Section shall be construed
as permitting a municipality to annex territory of a forest preserve
district in a county with a population of 3,000,000 or more without
obtaining the consent of the district pursuant to Section 8.3 of the
Cook County Forest Preserve District Act nor shall anything in this Section be construed as permitting a municipality to annex territory owned by a park district without obtaining the consent of the district pursuant to Section 8-1.1 of the Park District Code. (b) The corporate authorities shall cause notice, stating that annexation of the territory described in the notice is contemplated under this Section, to be published once, in a newspaper of general circulation within the territory to be annexed, not less than 10 days before the passage of the annexation ordinance, and for land annexed pursuant to item (g) of subsection (a) of this Section, notice shall be given to the impacted land owners. The corporate authorities shall also, not less than 15 days before the passage of the annexation ordinance, serve written notice, either in person or, at a minimum, by certified mail, on the taxpayer of record of the proposed annexed territory as appears from the authentic tax records of the county. When the territory to be annexed lies wholly or partially within a township other than the township where the municipality is situated, the annexing municipality shall give at least 10 days prior written notice of the time
and place of the passage of the annexation ordinance to the township
supervisor of the township where the territory to be annexed lies. If the territory to be annexed lies within the unincorporated area of a county, then the annexing municipality shall give at least 10 days' prior written notice of the time
and place of the passage of the annexation ordinance to the corporate authorities of the county where the territory to be annexed lies. (c) When notice is given as described in subsection (b) of this Section, no other municipality may annex the proposed territory for a period of 60 days from the date the notice is mailed or delivered to the taxpayer of record unless that other municipality has initiated annexation proceedings or a valid petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 of this Code has been received by the municipality prior to the publication and mailing of the notices required in subsection (b). (Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; 96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff. 8-19-11.) |
(65 ILCS 5/7-1-14) (from Ch. 24, par. 7-1-14)
Sec. 7-1-14.
Whenever real estate owned by any school district is situated
in unincorporated territory adjacent to any municipality it may be annexed
thereto as follows:
The board of directors or board of education of the school district
shall adopt a resolution recommending the annexation of such real estate by
the municipality. The resolution shall contain a complete description of
such real estate. The resolution shall direct the clerk or secretary of the
school board to transmit a copy thereof to the corporate authorities of the
municipality. If such corporate authorities, by a majority vote of the
members then holding office, enact an ordinance providing for annexation of
such real estate, it shall be considered as annexed. The ordinance shall
describe the territory annexed, and a copy thereof and an accurate map of
such territory shall be recorded in the office of the recorder of
the county or counties wherein the annexed territory is situated.
(Source: P.A. 83-358.)
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(65 ILCS 5/7-1-15) (from Ch. 24, par. 7-1-15)
Sec. 7-1-15.
Any municipality may be annexed to another municipality to which it
adjoins, by ordinances passed by a majority vote of all the alderpersons,
trustees, or commissioners then holding office in each municipality
desiring annexation. These ordinances shall specify the terms of the
annexation, and they shall be a binding contract if, but only if:
(1) the annexation provided in these ordinances is certified by the clerk
to the proper election authority who shall submit the question to a
vote of the electors of both municipalities at an election in accordance
with the general election law; and if
(2) the annexation is approved in each municipality by a majority of
all the voters voting on that question in each municipality. If the
ordinances fail to specify the terms of annexation or specify only
partially the terms of annexation, the provisions of this Article
relating to the annexation of one municipality to another shall apply
but not as to any terms agreed to in the ordinances of annexation.
The proposition shall be in substantially
the following form:
Shall the municipality of YES.... be annexed to the municipality of....? NO
Annexation shall neither affect nor impair any rights or liabilities
either in favor of or against either municipality. Actions founded upon
any right or liability may be commenced despite the annexation and,
together with pending actions, may be prosecuted to final
judgment and the enforcement thereof as if annexation had not taken place.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/7-1-16) (from Ch. 24, par. 7-1-16)
Sec. 7-1-16.
Where a municipality adjoins another municipality in one
or more portions of its boundaries, it may be annexed thereto as
follows, notwithstanding that territory not a part of either of the
municipalities may lie between or be surrounded by the municipalities:
A petition shall be presented to the circuit court for the county,
wherein the annexing municipality is situated, asking that the question
of annexation be submitted to the electors of both municipalities. The
petition shall be signed by not less than 10% of the total number of
electors of the municipality sought to be annexed who voted at the last
preceding general municipal election or 250 such electors, whichever
figure is the smaller. Furthermore, if a majority of those voting, in a
municipality sought to be annexed, upon the question of annexation vote
against the annexation of that municipality when the question is first
submitted, any petition thereafter presented to the court for the
annexation of the same municipality shall be signed by not less than
1/8 of the electors of that municipality who voted at the last
preceding general municipal election.
The court thereupon shall order the question of annexation
submitted to the electors of both municipalities at an election to be
held in each municipality. The clerk of the circuit court shall certify
the question to the proper election authorities at an election in accordance
with the general election law for submission. No election on the question of
annexation shall be held within 22 months after the same
question has been
voted upon.
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-1-17) (from Ch. 24, par. 7-1-17)
Sec. 7-1-17.
The question cast at this election shall be in substantially the
following form:
Shall the municipality of YES.... be annexed to the municipality of....? NO
If, in each municipality, a majority of the electors
voting upon the question of annexation vote for annexation, the
annexation shall, except as is otherwise provided in Section 7-1-1, be
effective and the jurisdiction of the annexing municipality shall extend
over the territory of the annexed municipality.
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-1-18) (from Ch. 24, par. 7-1-18)
Sec. 7-1-18.
The municipality to which the whole of another municipality is
annexed under Section 7-1-16 and 7-1-17 shall assume and pay all debts and
liabilities, and shall perform all contracts of the annexed municipality.
Upon annexation, the title to all property which belonged to the annexed
municipality vests in the annexing municipality, to be held, however, for
the same purposes and uses, and subject to the same conditions as before
annexation.
The annexing municipality shall assume and pay all debts and liabilities
and shall perform all contracts of all school districts and townships
wholly within the annexing municipality as it has been enlarged. The
annexing municipality is vested with the title to all property belonging to
all school districts and townships wholly within the enlarged annexing
municipality, to be held, however, for the same purposes and uses and
subject to the same conditions as before annexation.
If the bonds of the annexed municipality, or of any school district or
township now wholly within the enlarged annexing municipality, have been
registered with the State Auditor of Public Accounts, the county clerk of
the county wherein the annexing municipality is situated shall certify
forthwith the fact of the annexation to the State Auditor. The State
Auditor thereafter shall not certify any tax rate to the county clerk, nor
shall the county clerk thereafter extend any tax rate, for the payment of
the bonds, or interest thereon, merely upon the taxable property in the
municipality that has been annexed, or in the school district or township
that is wholly within the enlarged annexing municipality. All property in
the enlarged annexing municipality, without discrimination between the
territory in the annexed and the annexing municipalities, shall be subject
to taxation to pay the debts, bonds, and obligations of the municipality.
If a portion of a school district or township is within and a portion is
without the annexed municipality, the debts and liabilities of that school
district or township shall be paid and the property divided in the same
manner as is provided in Sections 7-1-31 and 7-1-32.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-18.5)
Sec. 7-1-18.5.
Maintenance of sanitary sewers.
A municipality located in a
county with a population of 3,000,000 or more to which territory is annexed
after the effective date of this amendatory Act of the 92nd General Assembly is
responsible for the operation and maintenance of any existing sanitary sewerage
system serving the annexed territory, unless the sanitary sewerage system is
under the jurisdiction of another unit of local government other than the
Metropolitan Water Reclamation District.
(Source: P.A. 92-255, eff. 8-3-01.)
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(65 ILCS 5/7-1-19) (from Ch. 24, par. 7-1-19)
Sec. 7-1-19.
When the whole of a municipality is annexed to another
municipality, and the annexed municipality has passed the annual
appropriation ordinance, but not an ordinance levying a tax for the purpose
of collecting a sufficient sum of money to defray the total amount of
appropriations for all corporate purposes for that fiscal year, the
annexing municipality may include the amount of the appropriations of the
annexed municipality in the annual tax levy of the annexing municipality,
the same as though the appropriations had been made by the annexing
municipality. The fund derived from this part of the tax levy shall be used
by the annexing municipality for the purpose for which the appropriations
were made by the annexed municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-20) (from Ch. 24, par. 7-1-20)
Sec. 7-1-20.
The annexation of the whole of a municipality to another
municipality, shall not adversely affect proceedings for the collection or
enforcement of any tax or special assessment, but they shall proceed to a
finality as though no annexation had taken place. The proceeds thereof
shall be paid over to the treasurer of the annexing municipality, to be
used, however, for the purpose for which the tax was levied or assessed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-21) (from Ch. 24, par. 7-1-21)
Sec. 7-1-21.
All suits pending in any court on behalf of or against any
municipality, when the whole municipality is annexed to another
municipality, may be prosecuted or defended in the name of the annexed
municipality. All judgments obtained for any annexed municipality shall be
collected and enforced by the annexing municipality for its benefit.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-22) (from Ch. 24, par. 7-1-22)
Sec. 7-1-22.
Upon the annexation of the whole of a municipality to another
municipality, all public books, papers, and documents filed in any office
or with any officer of the annexed municipality, shall be transferred to
and filed in the appropriate office or with the appropriate officer of the
annexing municipality, as the corporate authorities of the annexing
municipality shall direct. All persons having possession of these books,
papers, and documents shall deliver them to and file them in or with the
appropriate office or officer.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-23) (from Ch. 24, par. 7-1-23)
Sec. 7-1-23.
Upon the annexation of the whole of a municipality to another
municipality, all policemen and firemen lawfully in the employ of the
annexed municipality shall be transferred to and become a part of the
police department and fire department, respectively, of the annexing
municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-24) (from Ch. 24, par. 7-1-24)
Sec. 7-1-24.
On petition in writing, signed by one-half of the electors and
one-half of the owners of record of land in any territory, not exceeding in
area 160 acres, situated within any municipality, which territory is
contiguous to another municipality, the corporate authorities of the
municipality within which the territory is situated, may consent, by
ordinance, that this territory be disconnected from such municipality and
annexed to the other municipality to which the territory is contiguous. The
ordinance must be passed by a majority vote of the corporate authorities of
the disconnecting municipality. Thereupon the corporate authorities of the
annexing municipality, by ordinance passed by a majority vote, may annex
the territory. The territory, however, shall not be disconnected from the
municipality of which it is a part until it is annexed to the municipality
to which it is contiguous.
The clerk of the annexing municipality, within 90 days after the passage
of the annexing ordinance, shall file for recordation a certified copy of
the ordinance, with an accurate map of the territory annexed, with the
recorder of the county in which the annexed territory is situated.
(Source: P.A. 83-358.)
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(65 ILCS 5/7-1-25) (from Ch. 24, par. 7-1-25)
Sec. 7-1-25.
Any unoccupied territory, lying along the boundary line
between 2 adjoining municipalities, may be excluded from one of the
adjoining municipalities and annexed to the other adjoining municipality,
as follows:
The corporate authorities of the excluding municipality shall adopt an
ordinance providing for such exclusion, and the corporate authorities of
the annexing municipality shall adopt an ordinance providing for the
annexation of this territory. Upon the adoption of these ordinances, the
territory is thereby excluded from the one municipality and annexed to the
other. The chief executive officer of each municipality thereupon shall
file for recordation an accurate map of the excluded or added territory, as
the case may be, together with a certified copy of the ordinance for
exclusion or annexation with the recorder of the county in which
the excluded or added territory, as the case may be, is situated.
(Source: P.A. 83-358.)
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(65 ILCS 5/7-1-26) (from Ch. 24, par. 7-1-26)
Sec. 7-1-26.
Any territory containing 60 acres or less lying along
one or both sides of the boundary line between 2 adjoining
municipalities, and contiguous to a third municipality may be excluded
from one or both of the adjoining municipalities and annexed to the
third contiguous municipality, as follows:
The corporate authorities of the excluding municipalities or
municipality shall, by majority vote of the corporate authorities then
holding office, adopt an ordinance providing for such exclusion, and the
corporate authorities of the annexing municipality shall adopt an
ordinance providing for the annexation of this territory. Upon the
adoption of these ordinances, the territory is thereby excluded from the
excluding municipalities and added to the annexing municipality. The
chief executive officer of each municipality thereupon shall file for
recordation an accurate map of the excluded or added territory, as the
case may be, together with a certified copy of the ordinance for
exclusion or annexation with the recorder of the county in which
the excluded or added territory, as the case may be, is situated. The
ordinance shall be published in a newspaper of general circulation in the
excluding and annexing municipalities and shall contain a notice of (1)
the specific number of voters required to sign a petition requesting the
question of disconnection and annexation 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 clerks of the municipalities in which the territory is sought to be
disconnected or annexed shall provide a petition form to any individual
requesting one.
Whenever any disconnection and annexation shall be effected as provided
in this Section any taxpayer in such area disconnected and annexed may,
within 10 days after adoption of the annexing ordinance, file with the
clerk of the circuit court in the county wherein the disconnected and
annexed area is located a petition signed by not less than 10% or 100,
whichever is lesser, of the electors of the area disconnected and
annexed, requesting the submission to a referendum of the following
proposition: "Shall the territory (here describe it) be disconnected
from the municipality of .... and annexed to the municipality of ....?"
The circuit court, if it finds the petition to be in conformity with law,
shall order that the proposition be submitted at an election to be conducted
in accordance with the general election
law. The clerk of the circuit court shall certify the proposition to the
proper election authority for submission.
If a majority of
the voters voting on the proposition vote in favor thereof, such
disconnection and annexation shall be valid and binding. If a majority
of the vote is against such proposition the disconnection ordinance
adopted by the disconnecting municipality and the annexation ordinance
adopted by the annexing municipality shall be void.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/7-1-27) (from Ch. 24, par. 7-1-27)
Sec. 7-1-27.
Territory, within a municipality, which (1) is not less
than one-half square mile in area, but less than the whole of the
municipality, and which (2) is contiguous to another municipality, may
be annexed to the latter municipality as follows:
A petition, signed by not less than 100 of the electors of the
territory, shall be presented to the circuit court for the county
wherein the annexing municipality is situated. The petition shall
describe the territory and request that the question of the annexation
of the territory be submitted to the electors of the territory and also
to the electors of the disconnecting and annexing municipalities.
If the petition is in conformity with the law, the court
shall order the question of annexation of the
territory submitted to the specified electors at a general
municipal election to
be held in each of the municipalities affected. The clerk of the circuit
court shall certify the question for submission. No election for the
annexation of any part of a municipality to another municipality shall
be held within 22 months after a proposition to annex the whole or any
part of a municipality to another municipality has been voted upon at
any election.
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-1-28) (from Ch. 24, par. 7-1-28)
Sec. 7-1-28.
The question shall be in substantially
the following form:
Shall the territory (heredescribe it) be disconnected YESfrom the municipality of.... and annexed to the municipality NOof....?
The certificate shall include in the results statements of the total vote
cast at the election and the vote
for and against the proposition in each municipality and in the territory
sought to be annexed alone.
If a majority of the voters in the territory sought to be annexed,
voting upon the proposition at any election, vote against disconnection
and annexation, any petition thereafter presented to the court for
disconnection and annexation of the same territory shall be signed by
not less than 1/8 of the electors of the territory sought to be
annexed.
If a majority of the voters of each municipality, as well as a
majority of the voters within the limits of the territory sought to be
annexed, voting upon the question of disconnection and annexation, vote
"Yes", the jurisdiction of the annexing municipality is extended over
the territory sought to be annexed, and the disconnecting municipality
loses jurisdiction over the territory.
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-1-29) (from Ch. 24, par. 7-1-29)
Sec. 7-1-29.
If, as provided in Sections 7-1-16, 7-1-17, 7-1-27 and
7-1-28, petitions are presented to the court for the annexation of the
whole and also for the annexation of a part or parts of a municipality
to another municipality, the court shall order submitted
to the electors the
question specified in each petition. If the result of the voting at the
election is against annexation of the whole, but favors annexation of a
part, which is contiguous to the annexing municipality, this part is
annexed to the annexing municipality, despite the unfavorable vote as to
the annexation of the whole municipality. The same shall be true if the
vote favors annexation of 2 or more parts, if the parts form a
contiguous territory which is also contiguous to the annexing
municipality.
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-1-30) (from Ch. 24, par. 7-1-30)
Sec. 7-1-30.
Whenever a part of a municipality has been annexed to an
adjoining township, which is wholly within the limits of another
municipality, under the Township Code, the
annexed territory may be annexed to the municipality within
which the township lies as follows: A petition may be presented to the
county board of the county within which is situated the annexing
municipality. It shall be signed by a majority of the electors of the
territory annexed to the township. If the county board finds that the
petition is signed by a majority of the electors of the territory, it shall
annex the territory to the designated municipality by resolution.
Thereupon, except as is otherwise provided in Section 7-1-1, the limits and
the authority of the annexing municipality shall be extended to include the
territory previously annexed to the township.
(Source: P.A. 88-670, eff. 12-2-94.)
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(65 ILCS 5/7-1-31) (from Ch. 24, par. 7-1-31)
Sec. 7-1-31.
After a part of a municipality is disconnected and annexed to
another municipality, the indebtedness and liabilities of the municipality
from which the part is disconnected shall be assumed and paid by the
enlarged annexing municipality, in the same proportion as the taxable
property in the disconnected part bears to the taxable property in the
municipality from which the part was disconnected as it existed immediately
before the disconnection, according to the last assessment for taxation.
This duty to assume and pay a proportionate share of indebtedness and
liabilities shall also apply to the indebtedness and liabilities of the
school district or township in which the disconnected part was situated.
The amount of the indebtedness and liabilities to be assumed and paid by
the enlarged annexing municipality shall be determined by the corporate
authorities of the annexing municipality and of the municipality from which
a part was disconnected, or, as the case may be, by the school authorities
of the school district or township in which the disconnected part was
situated.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-32) (from Ch. 24, par. 7-1-32)
Sec. 7-1-32.
If the specified authorities agree as to the amount to be paid
by the enlarged annexing municipality, each of the authorities concerned
shall pass an ordinance or a resolution reciting the amount to be paid. A
certified copy of the ordinance or resolution shall be filed by the clerk
of the annexing municipality with the county clerk of the county in which
the annexing municipality is situated. The county clerk shall send a
certified copy to the State Auditor of Public Accounts. This ordinance or
resolution shall be conclusive as to the amount of indebtedness and
liabilities to be assumed and paid by the enlarged annexing municipality.
If the authorities cannot agree, the matter shall be determined by the
circuit court of the county in which the annexing municipality is situated,
upon a petition of either municipality or of any taxpayer of either
municipality. The court shall hear the controversy without further
pleadings, and without a jury, and then shall pronounce a judgment in
accordance with the rule of apportionment stated in Section 7-1-31.
A certified copy of the judgment shall be filed with the clerk of each
municipality and with the county clerk of the county in which the annexing
municipality is situated. The county clerk shall send a certified copy of
the judgment to the State Auditor of Public Accounts. The judgment shall be
final and conclusive as to the indebtedness and liabilities to be assumed
and paid by the enlarged annexing municipality.
The State Auditor shall not thereafter certify any tax rate to the
county clerk, nor shall the county clerk extend any tax rate upon the
taxable property of the annexed part for the payment of any of the bonds,
or interest thereon, issued by the municipality from which the part was
disconnected.
(Source: Laws 1967, p. 3740.)
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(65 ILCS 5/7-1-33) (from Ch. 24, par. 7-1-33)
Sec. 7-1-33.
Upon annexation, the title and possession of all municipal and
school property located in the annexed part vests in the annexing
municipality. There shall be an adjustment of the municipal and school
properties owned by the municipality, school district, or township from
which a part is disconnected in order that all of this property may be
divided between that municipality, school district, or township and the
enlarged annexing municipality, on the same basis and by the same
authorities or court as is provided in Sections 7-1-31 and 7-1-32 for a
division of indebtedness and liabilities. If the public property that
becomes vested in the enlarged annexing municipality because of its
location in the part that was disconnected and annexed exceeds in value the
proportionate part to which the annexing municipality is thus entitled,
then the enlarged annexing municipality shall pay to the municipality,
school district, or township, as the case may be, a sum equal to the
difference between what it received and what it should have received on the
basis specified in Sections 7-1-31 and 7-1-32 for the division of
indebtedness and liabilities. Likewise, if the public property located in
that part of the municipality, school district, or township, that remains
after the disconnection occurs, exceeds in value the proportionate part to
which the municipality, school district, or township is entitled, then the
municipality, school district, or township, as the case may be, shall pay
to the enlarged annexing municipality a sum equal to the difference between
what it received and what it should have received on the basis specified in
Sections 7-1-31 and 7-1-32 for the division of indebtedness and
liabilities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-34) (from Ch. 24, par. 7-1-34)
Sec. 7-1-34.
If a part of a municipality is annexed to another
municipality, and if before the annexation the corporate authorities of the
divided municipality have made the annual tax levy for the fiscal year in
which the annexation occurs, all taxes payable under this levy shall be
paid to the treasurer of the divided municipality. But this treasurer shall
pay to the treasurer of the annexing municipality that part of all taxes
collected on account of the property located in the annexed territory,
under the specified levy, as the unexpired part of the fiscal year for the
divided municipality bears to its total fiscal year.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-35) (from Ch. 24, par. 7-1-35)
Sec. 7-1-35.
If a part of a municipality is annexed to another
municipality, and if proceedings were instituted before annexation to make
improvements in or on streets within the annexed territory by special
assessment or special taxation, the proceedings may be carried to a
finality, whether the whole improvement is within the annexed territory or
not. If the whole improvement is made within the annexed territory, the
amount collected by the proceedings shall be paid over to the annexing
municipality, to be used by that municipality for the purpose for which the
proceedings were instituted. If only a part of the improvement is made
within the annexed territory, the municipality from which the territory is
disconnected may proceed with the improvement as though no annexation had
taken place.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-36) (from Ch. 24, par. 7-1-36)
Sec. 7-1-36.
After a part of a municipality is annexed to another
municipality, proceedings theretofore instituted to take land for the
purpose of opening any street, alley, or other public way, within the
annexed territory may proceed to a finality, if the annexing municipality
so elects. If the annexing municipality elects to proceed, the proceedings
shall be continued in the name of the municipality from which the territory
has been disconnected as though the annexed territory had not been
disconnected. All funds received from any special assessment or special tax
levied or assessed for the special purpose shall be paid to the annexing
municipality, to be used by that municipality for the purpose for which the
funds were collected.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-37) (from Ch. 24, par. 7-1-37)
Sec. 7-1-37.
After a part of a municipality is annexed to another
municipality, both the annexed territory and the divided municipality shall
have a right to service from any waterworks, gas, or electric light system,
owned, prior to annexation, by the municipality that has been divided, on
the same terms, that existed before annexation.
The annexed territory or the divided municipality may have its right
terminated by the joint action of the corporate authorities of the annexing
municipality and of the divided municipality. If they cannot agree, the
question of termination shall be determined by the circuit court of the
county within which the annexing municipality is situated, on the petition
of any interested person. The court shall determine the question without a
jury, and shall enter
judgment as right
and justice require. This judgment shall be appealable as in other civil
cases.
(Source: P.A. 83-345.)
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(65 ILCS 5/7-1-38) (from Ch. 24, par. 7-1-38)
Sec. 7-1-38.
If a part of a municipality is annexed to another
municipality, and if the corporate authorities of the divided municipality
and of the annexing municipality cannot agree by ordinance as to their
respective rights and duties arising out of the disconnection and
annexation, the circuit court of the county within which either
municipality is situated, upon petition of either municipality, shall hear
and determine the questions in dispute. The court shall enter judgment as
the right of the matter may demand and this judgment shall be appealable as
in other civil cases. No petition under this section may be filed within 60
days after the annexation, or request the determination of questions
arising under Sections 7-1-31 through 7-1-33 and Section 7-1-37.
(Source: P.A. 84-547.)
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(65 ILCS 5/7-1-39) (from Ch. 24, par. 7-1-39)
Sec. 7-1-39.
After a part of a municipality is annexed to another
municipality, any mayor, president, alderperson, trustee, clerk, treasurer, or
attorney for the disconnecting municipality, who resides in the detached
territory, shall continue in office as an officer of the disconnecting
municipality until his successor has been elected at the next regular
municipal election in this municipality and has qualified for office, or
has been appointed and has qualified following this election.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/7-1-40) (from Ch. 24, par. 7-1-40)
Sec. 7-1-40.
After any territory is annexed to or disconnected from any
municipality, the chief executive officer of the municipality or of the
county board, as the case may be, whenever not otherwise provided in this
Code, shall within 90 days file for recordation, in the recorder's office
of the county where the territory is situated and also in the county where
the annexing and divided municipalities are situated, a certified copy of
the ordinance, court order or resolution of annexation or disconnection,
together with an accurate map of the territory annexed or disconnected.
(Source: P.A. 79-1361.)
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(65 ILCS 5/7-1-41) (from Ch. 24, par. 7-1-41)
Sec. 7-1-41.
After either the whole or a part of a municipality is annexed
to another municipality, and, despite the construction of sewers in the
annexed territory by special assessment, before annexation, the annexing
municipality may construct additional sewers or a drainage system by the
creation of drainage districts within the annexed territory by special
assessment or special taxation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-42) (from Ch. 24, par. 7-1-42)
Sec. 7-1-42. Redistricting after annexation.
(a) If the increase in
population resulting from the annexation of
any territory to a city under the alderperson form of government is
sufficient to entitle that city to an increase in the number of alderpersons
as provided in Section 3.1-20-10, the corporate authorities shall
redistrict
the city in accordance with Sections 3.1-20-15 and 3.1-20-25. Section 3.1-20-10
shall
govern as to the hold-over alderpersons.
(b) If the increase in population is not sufficient to
entitle the city to
an increase in the number of alderpersons, the corporate authorities shall make
the annexed territory a part of the ward or wards that it adjoins.
(c) If a village of over 25,000 population is divided into 6 districts as
provided in Section 3.1-25-75, the corporate authorities shall make any
territory annexed to the village a part of the districts that the
territory adjoins.
(d) Nothing contained in this Section 7-1-42 shall prevent the corporate
authorities of any municipality from redistricting the municipality
according to law. Whenever the enlarged annexing municipality is
redistricted, the corporate authorities are under no duty to treat the
annexed territory as a unit and they may divide it as if it had always been
a part of the municipality.
(e) The number of inhabitants determined by the last national, state, or
school census in the annexed territory and in the annexing municipality
controls in the application of this Section.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/7-1-44) (from Ch. 24, par. 7-1-44)
Sec. 7-1-44.
All valid ordinances or resolutions of, and all valid
decisions determined through a referendum of the voters in, the whole or a
part of any municipality which is annexed in whole or part to another
municipality, regulating or prohibiting the sale of alcoholic liquor shall
remain valid, notwithstanding the annexation, until validly changed by a
compliance with "An Act relating to alcoholic liquors," approved January
31, 1934, as heretofore and hereafter amended. However, the local liquor
control commission and commissioner of the annexing municipality shall have
jurisdiction over the annexed territory.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-1-45) (from Ch. 24, par. 7-1-45)
Sec. 7-1-45.
If the whole or a part of a municipality is annexed to another
municipality, all municipal officers, exercising power or authority over
the annexed territory before annexation, whether or not the terms for which
they have been elected have expired, shall cease to exercise power or
authority over the annexed territory. The power and authority of all
officers of the annexing municipality shall extend over the territory
annexed, immediately upon annexation.
(Source: P.A. 77-1295.)
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(65 ILCS 5/7-1-46) (from Ch. 24, par. 7-1-46)
Sec. 7-1-46.
Neither the People of the State of Illinois nor any person,
firm or corporation, public or private, nor any association of persons
shall commence an action contesting either directly or indirectly the
annexation of any territory to a municipality unless initiated within one
year after the date such annexation becomes final or within one year of the
effective date of this amendatory Act of 1965 whichever date occurs latest.
This amendatory Act of 1965 shall apply to annexations made prior to the
effective date of the Act as well as those made on or after the effective
date. Where a limitation of a shorter period is prescribed by statute such
shorter limitation applies. The limitation set forth in this section shall
apply to any annexation, even where the judge, body or officer annexing the
territory did not at the time of such annexation have jurisdiction of the
subject matter, and irrespective of whether such annexation may otherwise be
defective or void, except that the limitation of this Section shall not apply
to annexations of territory which was not contiguous at the time of annexation
and is not contiguous at the time an action is brought to contest such
annexation.
(Source: P.A. 82-211.)
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(65 ILCS 5/7-1-47) (from Ch. 24, par. 7-1-47)
Sec. 7-1-47.
Automatic zoning classification.
The corporate authorities
of any municipality may provide by
ordinance that when territory is annexed to such municipality, the
territory automatically is classified to the highest restrictive zoning
classification providing principally for residential use under
the annexing municipality's zoning ordinance.
(Source: P.A. 90-481, eff. 8-17-97.)
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(65 ILCS 5/7-1-48) (from Ch. 24, par. 7-1-48)
Sec. 7-1-48.
For all annexations under this Article 7:
(a) Except as may be otherwise expressly restricted, territory comprising
more than one parcel of record, or more than one unsubdivided parcel, or
more than one portion of a parcel, or owned by more than one owner of record,
or any combination of the foregoing, may be annexed in a single annexation proceeding;
(b) If any annexation shall not be in compliance with applicable requirements
of this Article 7, and if such non-compliance relates only to one or more
parcels or portions of the territory annexed or to be annexed, but does
not relate to the entire annexation proceeding or to a substantial portion
of the total area annexed, such annexation shall nonetheless be valid as
to the remainder of the annexed territory, unless the exclusion or disconnection
of the non-complying area would destroy the contiguity of any of the remaining
territory;
(c) In any proper proceeding, upon a judicial determination of partial
invalidity of an annexation which has otherwise been completed, the court
may, as equity may require, order the disconnection of the invalidly annexed
parcels or portions, in which event the municipality shall promptly prepare
and record a plat of disconnection of such area with the recorder
of the county in which the land is situated, and shall immediately notify
the county clerk of such disconnection.
(Source: P.A. 83-358.)
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(65 ILCS 5/7-1-49)
Sec. 7-1-49.
Automatic annexation.
As provided in Section 8 of the
Metropolitan Water Reclamation District Act, 60 days before the sale of any
surplus real estate that is
located in unincorporated territory and that is contiguous to only one
municipality, the sanitary district shall notify
in writing the contiguous municipality of the proposed sale. Before the sale
of the real estate, the municipality shall notify in writing the sanitary
district that the municipality will or will not annex the surplus real estate.
If the contiguous municipality will annex such surplus real estate, then it
shall be automatically annexed to the contiguous municipality coincident with
the completion of the sale of that real estate by the sanitary district.
(Source: P.A. 89-502, eff. 6-28-96.)
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(65 ILCS 5/Art. 7 Div. 2 heading) DIVISION 2.
UNION OF CONTIGUOUS
MUNICIPALITIES
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(65 ILCS 5/7-2-1) (from Ch. 24, par. 7-2-1)
Sec. 7-2-1.
Any 2 or more incorporated contiguous municipalities
wholly or substantially situated in a single county may be united into
one incorporated city by a compliance with Sections 7-1-16 and 7-1-17, with
the following exceptions:
(1) The petition (a) shall be signed by electors of each of the
municipalities seeking a union, (b) shall state the name by which the
united municipality is to be known, and (c) shall state the form of
municipal government under which the united municipality is to be
governed.
(2) The question shall be in substantially the following form:
Shall the city, village, orincorporated town (as thecase may be) of............and the city, village, orincorporated town (as the case YESmay be) of..........., (andin this manner as far asnecessary, filling blanks withthe names of the municipalitiesto be united), be united into a single municipalityunder the name of..........with the........... form ofmunicipal government (fillingthe blank with the word NO"Alderperson" or "Commission"or the words "Managerial WithAlderpersons Chosen From Wards OrDistricts" as the case may be)?
No other proposition shall appear thereon.
If the majority of the votes cast in each municipality specified in
the petition is in favor of the proposition, the municipalities are
united.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/7-2-2) (from Ch. 24, par. 7-2-2)
Sec. 7-2-2.
A certified copy of the canvass of the votes of the election on
the proposition stated in Section 7-2-1, made by the proper officers, shall
be transmitted to the clerk of each municipality involved in the election,
and to the county clerk of the county in which the election was held. Each
clerk shall transcribe the certified copy upon his official records. The
mayor or the president of the board of trustees of each municipality, if
the vote is in favor of the union, shall immediately issue a proclamation
declaring the existence of the union. The united municipalities shall be
governed by Sections 7-2-3 through 7-2-27.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-3) (from Ch. 24, par. 7-2-3)
Sec. 7-2-3.
If municipalities are united by compliance with Section 7-2-1,
the union shall not be affected by a failure of officers to perform the
duties set forth in Section 7-2-2.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-4) (from Ch. 24, par. 7-2-4)
Sec. 7-2-4.
All courts shall take judicial notice of a union of
municipalities effected by a compliance with Section 7-2-1.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-5) (from Ch. 24, par. 7-2-5)
Sec. 7-2-5.
Each municipality that becomes a part of a united city upon
compliance with Section 7-2-1 shall thereafter be known as the Borough of
.... (original name of municipality). A change of name of any borough may
be effected, however, by a compliance with Sections 2-4-1 through 2-4-8.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-6) (from Ch. 24, par. 7-2-6)
Sec. 7-2-6.
Municipalities which have united under Section 7-2-1
shall be deemed to have adopted the City Election Law, as heretofore and
hereafter amended.
Within 10 days after compliance with Section 7-2-1, the Chief Judge of
the Circuit Court or any Judge of that Circuit designated by the Chief Judge
within which the boroughs are situated shall create a
board of election commissioners as provided in the City Election Law.
This board shall perform all duties necessary for holding the first and
subsequent elections in the boroughs and in the united city.
(Source: P.A. 80-571.)
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(65 ILCS 5/7-2-7) (from Ch. 24, par. 7-2-7)
Sec. 7-2-7.
The day of the first election of officers of the united city
shall be the next regular election date at which municipal officers are
scheduled to be elected as provided in the general election law, occurring not
less than 90 days after the proclamation of the union or, if a municipal
primary is required, not less than 150 days thereafter. The regular general
municipal election shall occur thereafter at the time provided in the general
election law.
(Source: P.A. 81-1490.)
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(65 ILCS 5/7-2-8) (from Ch. 24, par. 7-2-8)
Sec. 7-2-8.
The terms of all popularly elected officers in the boroughs
shall expire 30 days after the first election of officers as provided in
Sections 7-2-6 and 7-2-7. Until the expiration of their terms of office as
provided herein, all elected officers in the boroughs shall continue to
exercise all duties imposed by law, and shall take whatever steps are
necessary and consistent with the provisions of this Division to effectuate
the union of the municipalities. The terms of all popularly elected
officers of the united city at the first election shall begin at the end of
30 days after the first election. The terms of the popularly elected
officers of the united city shall end 30 days after the regular election at
which their successors are chosen but if the successor to any such officer
fails to qualify prior to the expiration of the 30-day period, the officer
whose term thus expires shall continue to hold office and perform the
duties of his office until such time as a successor qualifies for office.
All appointed officers of each borough shall retain their offices and
perform their duties in the borough for which they were appointed, until
superseded by successors appointed for the united city. However, these
appointed officers who are not superseded shall obey the orders of the
officers of the united city.
(Source: Laws 1965, p. 1267.)
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(65 ILCS 5/7-2-9) (from Ch. 24, par. 7-2-9)
Sec. 7-2-9.
Each borough shall retain and pay any debt or liability which
exists immediately prior to the formation of the united city. The title to
and revenue from all property of each borough is transferred to the united
city, except so much thereof as may be necessary to pay any debt or
liability which existed immediately prior to the formation of the united
city. With respect to the property transferred, the united city may
consolidate, interconnect and manage any municipally owned facility,
utility, water, sewerage or sewerage disposal system, provided that such
consolidation, interconnection or management does not adversely affect the
rights of any existing bond holders. If the bonds of any municipality,
before it becomes a borough, have been registered with the State Auditor of
Public Accounts, as required by law, the county clerk of the county in
which the borough is located shall certify forthwith the fact of the
formation of the union to the Auditor. The Auditor shall continue to
certify any existing tax rate, and the county clerk shall continue to
extend such existing tax rate upon the taxable property of the particular
borough alone until the payment of the principal or interest of the bonds
of the borough is complete. Nothing in this section shall be construed to
prevent the united city from incurring indebtedness for the city as a whole
after its formation.
(Source: Laws 1965, p. 1267.)
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(65 ILCS 5/7-2-10) (from Ch. 24, par. 7-2-10)
Sec. 7-2-10.
If any municipality, before it becomes a borough, has enacted
its annual appropriation ordinance, but has not enacted an ordinance
levying a tax that is sufficient to produce revenue equal to its
appropriations for the current fiscal year, then the corporate authorities
of the united city may include the estimated deficit in the amount for
which the annual tax levy of the united city will make provision.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-11) (from Ch. 24, par. 7-2-11)
Sec. 7-2-11.
The formation of a union as provided in Section 7-2-1 shall
not adversely affect the collection of any revenue or the enforcement of
any tax or special assessment, levied or assessed in any municipality that
has become a borough of a united city. Proceedings to collect revenues and
enforce such taxes or special assessments may be instituted and carried on
in the name of the municipality. All such revenues, taxes and special
assessments that are collected, shall be paid over to the treasurer of the
united city, but they shall be used for the purpose for which they were
levied or assessed.
(Source: Laws 1965, p. 1267.)
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(65 ILCS 5/7-2-11.1) (from Ch. 24, par. 7-2-11.1)
Sec. 7-2-11.1.
Where a tax rate or rates have been authorized by referendum
in any municipality that has become a borough of a united city as provided
in Section 7-2-1, proceedings to levy, collect and enforce such taxes in
all boroughs of the united city may be instituted and carried on in the
name of the united city. All such taxes that are collected shall be paid
over to the treasurer of the united city, but they shall be used for the
purpose for which they were levied in all of the boroughs of the united
city.
(Source: Laws 1965, p. 2684.)
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(65 ILCS 5/7-2-12) (from Ch. 24, par. 7-2-12)
Sec. 7-2-12.
All suits pending in any court on behalf of or against any
municipality, when it becomes a borough of a united city, may be prosecuted
or defended in the name of the municipality. Judgments in favor of the
municipality may be collected or enforced in the name of the municipality
but the proceeds shall be paid over to the treasurer of the united city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-13) (from Ch. 24, par. 7-2-13)
Sec. 7-2-13.
If any municipality, before it becomes the borough of a united
city, has instituted proceedings to improve any street or alley or to
construct any authorized public works by special assessment or special
taxation, the proceedings may be carried to finality in the name of the
municipality. Likewise, any proceeding by such a municipality to take land
in order to open a street or alley or to construct authorized public works
may be carried to finality in the name of the municipality. Proceedings to
collect and enforce any resulting special assessments or taxes and the
disposition of the proceeds thereof shall be governed by Section 7-2-11.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-15) (from Ch. 24, par. 7-2-15)
Sec. 7-2-15.
All policemen and firemen lawfully in the employment of any
municipality that becomes a borough of a united city shall become members
of the police or fire department, respectively, of the united city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-16) (from Ch. 24, par. 7-2-16)
Sec. 7-2-16.
All valid ordinances or resolutions of and all valid decisions
determined through a referendum of the voters in any municipality which
becomes a borough of a united city, regulating or prohibiting the sale of
alcoholic liquor shall remain valid, notwithstanding the formation of the
union, until validly changed by a compliance with "An Act relating to
alcoholic liquors," approved January 31, 1934, as heretofore and hereafter
amended. The local liquor control commissioner of any municipality, which
becomes a borough of a united city, shall continue as such until superseded
by the mayor of the united city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-17) (from Ch. 24, par. 7-2-17)
Sec. 7-2-17.
If annexation of any territory is made to a united city, it
shall become a part of the borough to which it is contiguous. If it is
contiguous to 2 or more boroughs, it shall be apportioned between them by
ordinance of the united city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-18) (from Ch. 24, par. 7-2-18)
Sec. 7-2-18.
A municipality contiguous to a united city may be annexed to
the united city as a borough thereof, by a compliance with Sections 7-1-1
through 7-1-45.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-19) (from Ch. 24, par. 7-2-19)
Sec. 7-2-19.
Whenever a united city is formed by a compliance with Section
7-2-1 and the decision is in favor of an alderperson form of municipal
government, the united city shall be governed, after the first election
held in compliance with Section 7-2-7, by a council composed of a mayor and
a board of alderpersons selected by the electors of the united city as provided
by the provisions of this Code relating to the election of city officers,
except that all elections in a united city are controlled by the City
Election Law as provided in Section 7-2-6.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/7-2-20) (from Ch. 24, par. 7-2-20)
Sec. 7-2-20.
If the decision at the election under Section 7-2-1 is in
favor of the commission form of municipal government, the united city shall
be governed, after the first election held in compliance with Section
7-2-7, by a council, consisting of a mayor and a board of 4 commissioners.
One commissioner shall be elected by the electors in each borough. If there
are less than 4 boroughs, the remainder of the commissioners shall be
elected by the electors of the united city. The nomination petitions of the
candidates for the commissioners who are to be elected by the electors in a
particular borough shall be signed only by electors of that particular
borough. In other respects the nomination and election of officers shall be
conducted in compliance with Sections 4-3-1 through 4-3-18. Likewise the
tenure of office shall be the same as that provided in Section 4-3-4.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-21) (from Ch. 24, par. 7-2-21)
Sec. 7-2-21.
In addition to the requirements of the general election law, a distinct
ballot shall be printed for each borough for the primary election. At the
top of the ballot shall be the following: CANDIDATES FOR NOMINATION FOR
MAYOR AND COMMISSIONERS AT LARGE OF THE UNITED CITY OF..... Under the sub-title
of FOR MAYOR shall be placed the following: (VOTE FOR ONE). If any commissioner
at large is to be nominated there shall be placed below the names of the
candidates for mayor another sub-title in the singular or plural form, depending
on the facts, the following: FOR COMMISSIONER AT LARGE. Following this sub-title
there shall be an instruction in this form, to be altered, however, to conform
to the facts. (VOTE FOR ONE). Following the names of the candidates for
commissioner at large, if any, there shall be another sub-title in the following
form: FOR COMMISSIONER FROM THE BOROUGH OF..... Following this sub-title
there shall be the following direction: (VOTE FOR ONE). In other respects
the form of the ballot shall be controlled by Section 4-3-10.
(Source: P.A. 81-1490.)
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(65 ILCS 5/7-2-22) (from Ch. 24, par. 7-2-22)
Sec. 7-2-22.
To determine the number of nominees who shall be placed on the
ballot under each sub-title at the general city election, the number of
officers who will be chosen under each sub-title shall be multiplied by 2.
Only those candidates at the primary election shall be nominees under each
sub-title at the general city election who have received the 2 highest
number of votes, where but one officer is to be elected, the 4 highest
where but 2 officers are to be elected, and in this manner as far as
necessary.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-23) (from Ch. 24, par. 7-2-23)
Sec. 7-2-23.
If a candidate nominated at a primary election for a
particular office dies or withdraws before the general city election, the
vacancy on the ballot shall be filled with the name of the candidate for
the same office who ranked next highest in the number of votes received at
the primary to those who were determined to be the nominees for the office
sought by the dead or withdrawing candidate.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-24) (from Ch. 24, par. 7-2-24)
Sec. 7-2-24. The ballots for the election of officers at the general city
election in a united city shall be prepared in accordance with the general
election law, and in accordance with Section 4-3-16,
with the following changes: (1) Following the names of the candidates for
mayor there shall be printed a sub-title: FOR COMMISSIONER (or COMMISSIONERS)
AT LARGE. Following this sub-title shall be an instruction in this form:
(Vote for one) or (Vote for not more than 2), as the case may be. The names
of the candidates for commissioner at large shall follow this instruction.
(2) Following the names of the candidates at large shall be printed another
sub-title: FOR COMMISSIONER FROM THE BOROUGH OF..... Following this sub-title
shall be an instruction in this form: (Vote for one) and following this
instruction shall be printed the names of the 2 nominees. Sections 7-2-20
through 7-2-24 are applicable only to united cities under a commission form
of government.
(Source: P.A. 95-862, eff. 8-19-08.)
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(65 ILCS 5/7-2-25) (from Ch. 24, par. 7-2-25)
Sec. 7-2-25.
Every valid ordinance of a municipality that becomes a borough
of a united city shall remain valid within that borough until repealed by
an ordinance of the united city either expressly or impliedly by
legislation on the same subject.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-26) (from Ch. 24, par. 7-2-26)
Sec. 7-2-26.
The formation of a united city under Section 7-2-1 shall not
effect a union of the schools in the boroughs of the united city. The
united city before the schools themselves are united shall not be
responsible for any school debt or any school obligation in a municipality
that becomes a borough or in a borough after the formation of the united
city. Each school in a borough, until the schools themselves are united,
shall be governed, as far as possible, as if the united city had not been
formed. Statutes providing that school officials may act only with the
concurrence of the city council shall not apply to schools in a united city
until the schools are united in compliance with statutes governing schools.
However, after the formation of a united city, and before the school
themselves are united, the name of each school district therein shall be
amended by substituting the word "Borough" in place of the word "City,"
"Village," or "Town".
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-2-27) (from Ch. 24, par. 7-2-27)
Sec. 7-2-27.
At any general municipal election,
the question of the
dissolution of the united city may be submitted to the electors by a
compliance, as near as may be, with Sections 7-6-1 through 7-6-6.
However, the petition in such cases shall request that the dissolution
of the united city be submitted to the electors of the united city and
the question shall be in the following form:
SHALL THE UNITED YES CITY OF....... BE DISSOLVED? NO
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-2-28) (from Ch. 24, par. 7-2-28)
Sec. 7-2-28.
Whenever a united city is formed by a compliance with Section
7-2-1 of municipal government with alderpersons chosen from wards or districts,
the united city shall be and the decision is in favor of a managerial form
governed, after the first election held in compliance with Section 7-2-7,
by a council composed of a mayor and a board of alderpersons selected by the
electors of the united city as provided by the provisions of this Code
relating to the election of city officers, except all elections in a united
city are controlled by the City Election Law as provided in Section 7-2-6,
and by a municipal manager appointed by the council as provided in Article
5.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/Art. 7 Div. 3 heading) DIVISION 3.
DISCONNECTION
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(65 ILCS 5/7-3-1) (from Ch. 24, par. 7-3-1)
Sec. 7-3-1.
Within one year of the organization of any municipality under
the provisions of Divisions 2 and 3 of Article 2 of this Code, any
territory which has been included therein may be disconnected from such
municipality if the territory sought to be disconnected is (1) upon the
border, but within the boundary of the municipality, (2) contains 20 or
more acres, (3) if disconnected will not result in the isolation of any
part of the municipality from the remainder of the municipality, and (4) if
disconnected will not be a territory wholly bounded by one or more
municipalities or wholly bounded by one or more municipalities and a river
or lake, (5) if disconnected, the growth prospects and plan and zoning
ordinances, if any, of such municipality will not be unreasonably
disrupted, (6) if disconnected, no substantial disruption will result to
existing municipal service facilities such as, but not limited to, sewer
systems, street lighting, water mains, garbage collection and fire
protection, (7) if disconnected the municipality will not be unduly harmed
through loss of tax revenue in the future. The procedure for disconnection
shall be as follows:
A written petition directed to the circuit court of the county in which
the territory proposed to be disconnected is located and if such territory
is located in more than one county then to the circuit court of the county
in which the greater part of such territory may be located, which petition
shall be signed by a majority of the electors, if any, residing within the
territory and also signed by a majority of the owners of record of land in
such territory, and also representing a majority of the area of land in
such territory, shall be filed with the clerk of the court within one year
of the organization of any municipality under the provisions of Divisions 2
and 3 of Article 2 of this Code. The petition shall set forth the
description of the territory to be detached from such municipality, shall
allege the pertinent facts in support of the disconnection of such
territory and shall pray the court to detach the territory from the
municipality.
(Source: P.A. 96-1000, eff. 7-2-10.)
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(65 ILCS 5/7-3-2) (from Ch. 24, par. 7-3-2)
Sec. 7-3-2.
Upon the filing of the petition as provided in Section 7-3-1,
the court shall set the same for public hearing which date of public
hearing shall be within 30 days of the date of the filing of the petition.
The court shall give at least 10 days notice of such hearing by publishing
notice thereof once in a newspaper published in the municipality from which
the territory is sought to be detached, or if there is no such newspaper
published in such municipality, then such notice shall be published once in
a newspaper having a general circulation within such municipality, the date
of such publication to be not less than 10 days prior to the date set for
the public hearing. The notice (1) shall refer to the petition filed with
the court, (2) shall describe the territory proposed to be disconnected,
(3) shall indicate the prayer of the petition and the date, time and place
at which the public hearing will be held and (4) shall further indicate
that the municipality and any persons residing in or owning property in the
territory involved or in the municipality from which such territory is
sought to be disconnected shall have an opportunity to be heard on the
prayer of the petition. Notice of the filing of the petition, the substance
of which shall be as hereinabove prescribed for the published notice shall
also be mailed to the presiding officer of the municipality from which the
territory is sought to be disconnected.
(Source: Laws 1967, p. 3740.)
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(65 ILCS 5/7-3-3) (from Ch. 24, par. 7-3-3)
Sec. 7-3-3.
The public hearing may be continued from time to time by the
court. After such public hearing and having heard any and all persons
desiring to be heard, including the municipality and any and all persons
residing in or owning property in the territory involved or in the
municipality from which such territory is sought to be disconnected, if the
court shall find that all the allegations of the petition are true, the
court shall grant the prayer of the petition and shall enter an order
disconnecting the territory from the municipality, which order shall be
entered of record in the court and the
clerk of the court
shall file a certified copy of such order with the clerk of the
municipality from which such territory has been detached. If the court
shall find that the allegations contained in the petition are not true then
the court shall enter an order dismissing the same. However, the
disconnection of any territory from the municipality shall not exempt such
territory from taxation for the purpose of paying any indebtedness incurred
by the corporate authorities of the municipality prior to the filing of the
petition for disconnection and such territory shall be assessed and taxed
to pay such indebtedness until such indebtedness is completely paid, the
same as though the territory had not been disconnected.
(Source: P.A. 83-343.)
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(65 ILCS 5/7-3-4) (from Ch. 24, par. 7-3-4)
Sec. 7-3-4.
Any territory, within any municipality, which is upon the
border but within the boundary of the municipality may be disconnected from
the municipality, in
the discretion of its corporate authorities as follows:
A written petition, signed by owners of record representing a majority
of the area of land in such territory, shall be filed with the clerk of the
municipality, requesting that the specified territory be disconnected from
the municipality. The petition shall be filed at least 30 days before it is
considered by the corporate authorities. The petition shall be accompanied
with the certificate of the proper county clerk, showing that all city
taxes or assessments due up to the time of presenting the petition are
fully paid. The corporate authorities, in their discretion, may disconnect
the territory from the municipality, by an ordinance passed by a majority
of the members elected to the city council, or board of trustees, as the
case may be.
(Source: P.A. 83-656.)
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(65 ILCS 5/7-3-5) (from Ch. 24, par. 7-3-5)
Sec. 7-3-5.
A copy of the ordinance disconnecting territory from any
municipality, certified by the clerk of that municipality, shall within 90
days be filed for recordation in the Recorder's office and with the County
Clerk of the county in which the disconnected territory is situated.
(Source: Laws 1963, p. 3135.)
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(65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
Sec. 7-3-6.
The owner or owners of record of any area of land consisting of
one or more tracts, lying within the corporate limits of any municipality
may have such territory disconnected which (1) contains 20 or more
acres; (2) is located on the border
of the municipality; (3) if disconnected, will not result in the isolation
of any part of the municipality from the remainder of the
municipality; (4) if disconnected, the growth prospects and plan
and zoning ordinances, if
any, of such municipality will not be unreasonably disrupted; (5) if
disconnected, no substantial disruption will result to existing municipal
service facilities, such as, but not limited to, sewer systems, street
lighting, water mains, garbage collection, and fire protection; (6) if
disconnected, the municipality will not be unduly harmed through loss of tax
revenue in the future; and (7) does not contain any territory designated as part of a redevelopment project area as that term is defined in subsection (p) of Section 11-74.4-3 of this Code or any territory otherwise subject to tax increment financing by the municipality. Item (7) applies to petitions and actions pending on the effective date of this amendatory Act of the 100th General Assembly as well as petitions and actions commenced on or after that date. The procedure for disconnection shall be as follows:
The owner or owners of record of any such area of land shall file a
petition in the circuit court of the county where the land is situated,
alleging facts in support of the disconnection. The municipality from which
disconnection is sought shall be made a defendant, and it, or any taxpayer
residing in that municipality, may appear and defend against the petition.
If the court finds that the allegations of the petition are true and that
the area of land is entitled to disconnection it shall order the specified
land disconnected from the designated municipality. If the circuit court
finds that the allegations contained in the petition are not true, the
court shall enter an order dismissing the petition.
An area of land, or any part thereof, disconnected under the provisions
of this Section from a municipality which was incorporated at least 2 years
prior to the date of the filing of such petition for disconnection shall
not be subdivided into lots and blocks within one year from the date of such
disconnecting. A plat of any such proposed subdivision shall not be
accepted for recording or registration within such one year period, unless
the land comprising such proposed subdivision shall have been thereafter
incorporated into a municipality.
(Source: P.A. 100-1134, eff. 11-28-18.)
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(65 ILCS 5/7-3-6.1)
Sec. 7-3-6.1.
Notice to the payor of real estate taxes.
When territory
is
proposed to be disconnected by court order
under this Article, the corporate authorities or
petitioners initiating
the action shall notify each person who pays real estate taxes on property
within that
territory unless the
person is a petitioner. The notice shall be served by certified or
registered mail, return receipt requested, at least 20 days before a court
hearing or other court action.
If the person
who pays real estate taxes on the property is not the owner of
record, then the payor shall notify the owner of record of the proposed
disconnection.
(Source: P.A. 89-666, eff. 8-14-96.)
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(65 ILCS 5/7-3-6.2) Sec. 7-3-6.2. Split lots. Notwithstanding any other provision of this Code, the owner or owners of record of a split residential lot may disconnect a portion of the lot which (i) is a residentially zoned and platted lot currently lying partially within the corporate limits of and governed by 2 or more municipalities or lying within the unincorporated area of a county and also within the corporate limits of one or more municipalities, and contains less than 20 acres; (ii) is located on the border of the municipality; and (iii) if disconnected, will not result in the isolation of any part of the municipality from the remainder of the municipality. The owner or owners seeking to disconnect a portion of a split lot from a municipality must petition the court in the manner provided in Section 7-3-6 of this Code. In determining whether a lot shall be disconnected under this Section, the court may consider the following: (i) if disconnected, the growth prospects and planning and zoning ordinances, if any, of the municipality will not be unreasonably disrupted; (ii) if disconnected, no substantial disruption will result to existing municipal service facilities, such as, but not limited to, sewer systems, street lighting, water mains, garbage collection, and fire protection; and (iii) if disconnected, the municipality will not be unduly harmed through loss of tax revenue in the future. An area of land, or any part thereof, disconnected under the provisions of this Section from a municipality which was incorporated at least 2 years prior to the date of the filing of the petition for disconnection shall not be subdivided into lots or blocks within one year from the date of disconnection. A plat of any such proposed subdivision shall not be accepted for recording within such one-year period, unless the land comprising such proposed subdivision shall have been thereafter annexed into a municipality.
(Source: P.A. 93-1007, eff. 1-1-05.) |
(65 ILCS 5/7-3-7) (from Ch. 24, par. 7-3-7)
Sec. 7-3-7.
The disconnection of any such area of land shall not exempt it
from taxation for the purpose of paying any indebtedness contracted by the
corporate authorities of the municipality, prior to the filing of the
petition for disconnection. On the contrary, the territory shall be
assessed and taxed to pay such indebtedness until this indebtedness is
completely paid, the same as though the territory had not been
disconnected. Except for this purpose, no county clerk shall include
disconnected territory within the limits of the municipality from which the
territory has been disconnected.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-3-8) (from Ch. 24, par. 7-3-8)
Sec. 7-3-8.
Whenever the boundaries of any municipality, containing part or
all of any special charter school district, are changed, the clerk of such
municipality shall, within 5 days after such boundary change becomes final,
notify the school board of any school district which may be affected
thereby and the county superintendent of schools specifying the details of
such boundary change, including its effective date. Such notices shall be
sent by certified mail.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 7 Div. 4 heading) DIVISION 4.
TERRITORIAL JURISDICTION
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(65 ILCS 5/7-4-1) (from Ch. 24, par. 7-4-1)
Sec. 7-4-1.
The corporate authorities in all municipalities have
jurisdiction in and over all places within one-half mile of the corporate
limits for the purpose of enforcing health and quarantine ordinances and
regulations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-4-2) (from Ch. 24, par. 7-4-2)
Sec. 7-4-2.
All property which (1) is owned by a municipality, and (2) lies
outside the corporate limits of the municipality, and (3) does not lie
within the corporate limits of any municipality, shall be subject to the
ordinances, control, and jurisdiction of the municipality in all respects
the same as the property owned by the municipality which lies within the
corporate limits thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-4-3) (from Ch. 24, par. 7-4-3)
Sec. 7-4-3.
Whenever, as a result of the annexation of the whole of a
municipality to another municipality with a population of more than
200,000, unincorporated territory, not a part of either of these
municipalities, has been wholly surrounded by the enlarged municipality,
the jurisdiction of the enlarged municipality shall extend over the
unincorporated territory so surrounded to the same extent as if that
territory had been annexed at the same time as the municipality whose
annexation caused the territory to be so surrounded.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-4-4) (from Ch. 24, par. 7-4-4)
Sec. 7-4-4. The corporate authorities in all municipalities have
jurisdiction over all waters within or bordering upon the municipality, to
the extent of 3 miles beyond the corporate limits, but not beyond the
limits of the State. Nothing in this Section shall be construed to authorize a municipality to exercise zoning power or otherwise restrict the use of private property outside of the corporate limits of the municipality.
(Source: P.A. 95-852, eff. 8-18-08.)
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(65 ILCS 5/7-4-5) (from Ch. 24, par. 7-4-5)
Sec. 7-4-5.
Each municipality which is situated in 2 or more counties, has
jurisdiction over the entire territory embraced within its corporate limits
for all municipal purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-4-6) (from Ch. 24, par. 7-4-6)
Sec. 7-4-6.
Whenever this Code or any other Act of this State provides that
a suit or proceeding affecting the title or possession of land or the
assessment or collection of taxes, shall be commenced by a municipality in
any court of the county in which the municipality is situated, the
reference is to the county in which the land affected or upon which the
taxes are assessed or to be assessed and collected is situated.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-4-7) (from Ch. 24, par. 7-4-7)
Sec. 7-4-7.
The territory which is embraced within the corporate limits of
adjoining municipalities within any county in this State shall be a police
district.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
Sec. 7-4-8.
The police of any municipality in such a police district have
full authority and power as peace officers and may go
into any part of the district to exercise that authority and power. For these
purposes the mayor of any municipality in the district, and the chiefs of
police therein, shall use the police forces under their control anywhere in
the district.
(Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.)
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(65 ILCS 5/Art. 7 Div. 5 heading) DIVISION 5.
CHANGE OF SITE
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(65 ILCS 5/7-5-1) (from Ch. 24, par. 7-5-1)
Sec. 7-5-1.
Whenever a municipality incorporated under any general or
special law is in danger of losing all or the greater portion of the land
within its corporate limits by reason of the washing away of the bank of
any river, or whenever the inhabitants of any limited territory who, as
inhabitants of that territory, have land within this State held as a common
by virtue of a grant by any person or government having power to make that
grant, are in danger of losing all or the greater portion of the territory
by reason of the washing away of the bank of any river, that municipality
or those inhabitants may acquire by gift or purchase suitable real estate
to which the site of that municipality, or of the residence of those
inhabitants may be removed. However, this real estate shall be within 3
miles of the former nearest limit of that municipality or territory and
shall not be more than is reasonably necessary for the purposes of a new
site.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-5-2) (from Ch. 24, par. 7-5-2)
Sec. 7-5-2.
Whenever a municipality or territory is endangered as specified
in Section 7-5-1, upon written petition, describing the property sought to
be acquired, and signed by not less than three-fourths of the electors of
that municipality or territory, and by the owners in fee simple of not less
than one-half in value of the remaining territory within the limits of that
municipality or territory, the corporate authorities of that municipality,
or the trustees of the lands held as a common, by ordinance, may authorize
acquisition of the title to the real estate described in the petition.
Upon the passage of the ordinance, that municipality or the inhabitants
of that territory may acquire the title to the real estate described in the
petition and ordinance, either by gift or by purchase. A deed of conveyance
to the municipality by its corporate name, or to the trustees of the land
held as a common, shall vest the title to this real estate for the purposes
of this article.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-5-3) (from Ch. 24, par. 7-5-3)
Sec. 7-5-3.
A copy of the ordinance specified in Section 7-5-2 and an
accurate map of the property shall be certified by the mayor or president
of the municipality, as the case may be, or by the trustees of the land
held as a common, and shall be filed with the recorder in the
county where the acquired real estate is situated. When this ordinance and
map are so certified and filed, the acquired real estate, whether actually
adjoining the former site or territory or not, shall be a part of that
municipality or territory, and the inhabitants of the acquired real estate
shall be entitled to all the corporate rights, powers, annuities, commons,
benefits, and franchises, which the inhabitants of that municipality or
territory originally possessed, or to which they were entitled.
(Source: P.A. 83-358.)
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(65 ILCS 5/Art. 7 Div. 6 heading) DIVISION 6.
DISSOLUTION
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(65 ILCS 5/7-6-1) (from Ch. 24, par. 7-6-1)
Sec. 7-6-1.
Any municipality, incorporated under any general or
special law, may be dissolved as follows: Whenever electors in the
municipality, equal to a majority of the total vote at the last
preceding general municipal election, file a petition with the clerk
of the municipality requesting the submission of the
question whether the municipality
will dissolve its incorporation,
that question shall be certified by the clerk to the proper election authorities
who shall submit the proposition to the electors of the
municipality.
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-6-2) (from Ch. 24, par. 7-6-2)
Sec. 7-6-2.
The question shall
read substantially as follows:
"Shall the municipal YES corporation of........... be dissolved?" NO
The
result shall be entered upon the municipal records.
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-6-3) (from Ch. 24, par. 7-6-3)
Sec. 7-6-3.
If a majority of the votes cast on
the question are "yes," the municipality is dissolved. But if a majority of the
votes cast on the question are "no," the corporate authorities
shall proceed with the affairs of the municipality as though the
referendum had never been held. After a
defeat, however, the proposition
shall not be submitted to a vote in the same municipality for a period
of 22 months.
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-6-4) (from Ch. 24, par. 7-6-4)
Sec. 7-6-4.
If the vote is in favor of a voluntary dissolution of the
municipality there shall be no further elections for municipal officers.
The officers acting at the time of this vote shall close up the business
affairs of the municipality, and make the necessary conveyances of the
title to the municipal property. They may levy and collect taxes for the
purpose of paying the debts and obligations of the municipality, but they
shall not create any new obligation against the municipality.
All money remaining after the business affairs of the municipality have
been closed up and all the debts and obligations of the municipality have
been paid, shall be paid to the school treasurer for the township or school
unit, as the case may be, in which the municipality, or a greater part
thereof, was situated. This money shall become a part of the school fund of
the school district in which the municipality was situated. If the
municipality was situated in more than one school district, the trustees of
the schools for the specified township or unit shall direct the treasurer
for that township or unit to distribute and credit the fund to the
specified districts, in the same proportion as the amounts of the assessed
valuation of property in these districts, according to the last assessment
in these districts, bear to each other.
(Source: Laws 1963, p. 854.)
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(65 ILCS 5/7-6-5) (from Ch. 24, par. 7-6-5)
Sec. 7-6-5.
If the vote is in favor of dissolution, the acting corporate
authorities of the dissolved municipality shall give notice of the result
of the election to the secretary of state within 10 days after the
election. They shall also file within the same time a copy of this notice
with the county clerk of the county in which the dissolved municipality was
situated.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-6-6) (from Ch. 24, par. 7-6-6)
Sec. 7-6-6.
After the acting corporate authorities of the dissolved
municipality (1) have paid all of the debts and obligations of the
municipality, (2) have closed up all of the municipal business, and (3) the
surplus money, if any, has been paid to the school treasurer for the proper
township or school unit, then the acting corporate authorities shall file
with the county clerk of the county in which the dissolved municipality was
situated, a statement under oath, showing all of the closing up
transactions. When this statement is filed, the duty to close up the
municipal business is terminated, and all officers of the municipality,
whether the terms for which they were elected have expired or not, shall
thereupon cease to have any power or authority.
(Source: Laws 1963, p. 854.)
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(65 ILCS 5/7-6-7) (from Ch. 24, par. 7-6-7)
Sec. 7-6-7.
Upon application by the county board of any county to the
circuit court, and after a hearing upon such notice as may be directed by
such court, any municipality which has less than 50 inhabitants according
to the last preceding Federal census may be ordered by the court to
dissolve. After service of such order upon the corporate authorities of the
municipality acting at that time they shall proceed to close up the
business affairs of the municipality as expeditiously as possible and in
the same manner as is provided by Sections 7-6-4, 7-6-5 and 7-6-6 in the
case of voluntary dissolution. The court may enforce compliance with its
order by proceedings for contempt. If ever there is in existence any
municipality in which the Bureau of the Census did not determine the
population when the last preceding decennial census was taken, the county
board of the county in which such municipality is located may, at county
expense, arrange with the Bureau of the Census to take a special census of
such municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/7-6-8) (from Ch. 24, par. 7-6-8)
Sec. 7-6-8.
All courts shall take judicial notice of (1) the existence of
Illinois municipalities, (2) of the counties in which they are situated,
(3) of the changes made in the municipal territory, and (4) of the
dissolution of municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 7 Div. 7 heading) DIVISION 7.
CONSOLIDATIONS
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(65 ILCS 5/7-7-1) (from Ch. 24, par. 7-7-1)
Sec. 7-7-1.
Application of Division.
This Division shall apply to
consolidations of municipalities in this State in counties with less than
200,000 inhabitants, is alternative to any other method of unification
allowed by law, and implements the provisions of Article VII, Section 12 of
the Illinois Constitution.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-2) (from Ch. 24, par. 7-7-2)
Sec. 7-7-2.
Definitions.
In this Division:
(a) "Consolidation" means the process by which 2 or more municipalities
are simultaneously dissolved and a new municipality is incorporated.
(b) "Consolidating municipality" means a municipality or municipalities
which undergo consolidation, thereby being dissolved.
(c) "Consolidated municipality" means the municipality which is created
by consolidation.
(d) "Consolidation ordinance" means an ordinance to be approved by
referendum as provided in this Division which shall define the form of
government of the consolidated municipality and provide for the orderly
succession of powers, functions, assets, liabilities and personnel of the
consolidating municipalities to the consolidated municipality.
(e) "Transition committee" means a committee composed of the Mayor or
Village President or designee thereof of each consolidating municipality.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-3) (from Ch. 24, par. 7-7-3)
Sec. 7-7-3.
Power to Consolidate.
Any 2 or more municipalities,
located in one or more counties each with less than 200,000 inhabitants
according to the most recent federal census, which are contiguous or which
upon consolidation shall be contiguous, may consolidate by compliance with
this Division. Any 2 or more municipalities shall be deemed contiguous for
purposes of this Division notwithstanding that they are separated by a park
district or a forest preserve district, or by a railroad or public utility
right-of-way or a highway or a toll highway under the jurisdiction of any
township or any department or division of the State of Illinois, but upon
consolidation, such park district, forest preserve district, right-of-way,
highway or toll highway shall not be considered to be part of the
consolidated municipality.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-4) (from Ch. 24, par. 7-7-4)
Sec. 7-7-4.
Public Question; Consolidation Ordinance.
A public
question for consolidation shall be initiated in accordance with Section
28-7 of The Election Code, as now or hereafter
amended. Each petition or resolution shall be accompanied by and shall
incorporate by reference a proposed consolidation ordinance, which shall be
identical, except as to matters of form, for each consolidating
municipality. The consolidation ordinance shall be entitled "Ordinance
Providing for the Consolidation of the Cities, Villages or Incorporated
Towns of (here insert the names of the consolidating municipalities) Into a
Single Municipality with the Interim Name of (insert proposed interim name of
consolidated municipality)". The ordinance in its proposed form shall be
placed on file with the clerk of each of the consolidating municipalities.
The clerk of each consolidating municipality shall place such ordinance on
file and make it available for public inspection.
The consolidation ordinance shall provide, at a minimum, for the
following: (1) the minimum number of municipalities or the specific
municipalities in which the approval of the voters shall be necessary to
effect the consolidation; (2) procedures for the selection of the permanent
name of the consolidated municipality; (3) the compensation of the
corporate authorities of the consolidated municipality; (4) the date the
consolidation shall be effective; (5) procedures for the orderly succession
of powers, functions, assets, liabilities and personnel and the merger of
the administrative offices of the consolidating municipalities; (6) the
dates for election of the initial corporate authorities and other elected
officers of the consolidated municipality; (7) the identity of the members
of the transition committee; and (8) a form of government for the
consolidated municipality, including: (i) the powers and functions of the
various officers; (ii) their terms of office, whether those terms shall be
staggered and if so, the procedure for staggering the terms of the initial
officers; (iii) the manner of selection of the officers; and (iv) if the
form of government is other than a form established by this Code, whether
the positions of treasurer and clerk are elective or appointive. The
consolidation ordinance may contain such other matters as are necessary or
appropriate for the purposes of implementing the consolidation.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-5) (from Ch. 24, par. 7-7-5)
Sec. 7-7-5.
Form of government.
The consolidation ordinance may
specify any form of government established by this Code or may define any
other form of government not prohibited by law. It is the intention of
this Section to permit the adoption of an existing form of government or
the creation of a new form of government pursuant to Article VII of the
Illinois Constitution.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-6) (from Ch. 24, par. 7-7-6)
Sec. 7-7-6.
Publication of consolidation ordinance.
At any time not
less than 30 nor more than 60 days prior to the referendum thereon, the
consolidation ordinance shall be published by the clerk in a newspaper of
general circulation in each of the consolidating municipalities.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-7) (from Ch. 24, par. 7-7-7)
Sec. 7-7-7.
Referendum.
A consolidation ordinance shall be effective
only upon its approval by a referendum conducted pursuant to Section 28-7
of The Election Code, as now or hereafter amended.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-8) (from Ch. 24, par. 7-7-8)
Sec. 7-7-8.
Approval of Referendum by Voters in Less Than All of the
Consolidating Municipalities. Unless otherwise provided in the
consolidation ordinance, if the consolidation referendum is approved by the
voters in less than all of the consolidating municipalities, the
consolidation shall only be effective as to those municipalities in which
the referendum is approved and which are contiguous as of the date of the consolidation.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-9) (from Ch. 24, par. 7-7-9)
Sec. 7-7-9.
Form of Question.
The question to be submitted to
the voters of each consolidating municipality for approval shall be in
substantially the following form:
Shall the city, village or incorporatedtown (as the case may be) of.............be consolidated with the cities, villagesor incorporated towns of ................(and in this manner as far as necessary YESfilling the blanks with the names ofmunicipalities to be consolidated) to forma single municipality with the form ofgovernment and according to the terms ofthat certain "Ordinance Providing For theConsolidation of the Cities, Villages or Incorporated Towns of ..... intoa Single Municipality with the InterimName of ..... "(filling the blankswith appropriate words from the title ofthe consolidation ordinance) filed withthe city, village or incorporated town NOof ..... on .....? (here fillingin the blanks with the name of themunicipality which has filed theconsolidation ordinance and the dateof filing)
No other proposition shall appear thereon. The reference in the
proposition to the consolidation ordinance shall be deemed proper notice to
the electors of what is contemplated by the proposition.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-10) (from Ch. 24, par. 7-7-10)
Sec. 7-7-10.
Transition Matters.
(a) The corporate authorities of
each municipality in which the
consolidation ordinance has been approved by the voters shall adopt the
consolidation ordinance at their first regular meeting following the
election and declaration of the results thereof. Thereafter, the
consolidation ordinance shall take effect as an intergovernmental agreement
of the municipalities in which it is effective.
(b) The transition committee shall hold its initial meeting within 5
days after approval of the consolidation ordinance by the voters and its
adoption by each of the consolidating municipalities. The transition
committee shall exercise those powers and perform those functions set forth
in the consolidation ordinance to effect the orderly succession of powers,
functions, assets, liabilities and personnel, to effect the merger of the
administrative offices of the consolidating municipalities, and to propose
a permanent name for the consolidated municipality.
(c) The transition committee shall prepare a code of ordinances for the
consolidated municipality which shall set forth the powers and duties of
the corporate authorities thereof. The code of ordinances and a permanent
name for the consolidated municipality shall be submitted for approval by
the corporate authorities of the consolidated municipality at their initial
organizational meeting.
(d) Unless otherwise provided expressly or impliedly in the
consolidation ordinance, every valid ordinance of a consolidating
municipality shall upon consolidation remain valid within the territory of
that consolidating municipality until repealed expressly or impliedly by
legislation of the consolidated municipality on the same subject.
(e) Proposed Permanent Name. In determining the permanent name of the
new municipality the transition committee and the Secretary of State shall
follow insofar as applicable the provisions of Section 2-1-7 of this Code.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-11) (from Ch. 24, par. 7-7-11)
Sec. 7-7-11.
Elections of Initial Officers of Consolidated
Municipalities. (a) The day of the first election of officers of the
consolidated municipality shall be the next consolidated election
established pursuant to Section 2A-1.1 of The Election Code, as now or
hereafter amended, following the consolidation referendum. The day of the
first primary election of officers of the consolidated municipality shall
be the next consolidated primary election pursuant to Section 2A-1.1 of The
Election Code, as now or hereafter amended, following the consolidation referendum.
(b) The first election of officers of the consolidated municipality
shall be conducted in accordance with The Election Code, as now or
hereafter amended, except that the duties of the local election official
and boards set forth in The Election Code shall be performed by the
officers designated in subsection (c) of this Section and the nominating
petitions shall meet the requirements of subsection (d) of this Section.
All elections after such first election of officers shall be conducted in
accordance with The Election Code, as now or hereafter amended.
(c) For the first election of officers of the consolidated municipality,
the municipal clerk of one of the consolidating municipalities in which the
consolidation ordinance was approved by referendum, who shall be designated
by the consolidation ordinance, shall perform the duties required of the
local election official by The Election Code. For such first election of
officers, the municipal clerks of all of the municipalities in which the
consolidation ordinance was approved by referendum shall constitute an
electoral board to perform the duties required of the municipal officers
electoral board by The Election Code and shall also constitute a canvassing
board to perform the duties required of officers charged by The Election
Code with the duties of canvassing returns.
(d) For the first election of officers of the consolidated municipality,
with respect to the number of signatures required by The Election Code for
nominating petitions for partisan candidates, the number of qualified
primary electors in each consolidating municipality in which the
consolidation ordinance was approved by referendum shall be added together
to derive a sum which shall be deemed the number of qualified primary
electors of the consolidated municipality. For such first election of
officers, with respect to the number of signatures required by The Election
Code for nominating petitions for independent candidates and candidates of
newly formed political parties, the number of voters in each consolidating
municipality in which the consolidation ordinance was approved by
referendum who voted at the next preceding regular election in each
consolidating municipality shall be added together to derive a sum which
shall be deemed the number of persons voting in the next preceding election
in which the consolidated municipality voted as a unit.
(e) The earliest date for circulation of nominating petitions for the
first election of officers of the consolidated municipality and the filing
date for such petitions shall be as established by The Election Code, as
now or hereafter amended; provided, however, that nothing in The Election
Code or in this Code shall be construed as preventing the circulation of
nominating petitions for such first election prior to the date of the
consolidation referendum, so long as the requirements of The Election Code,
as now or hereafter amended, relating to the earliest date for such
circulation are otherwise met.
(Source: P.A. 85-1159.)
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(65 ILCS 5/7-7-12) (from Ch. 24, par. 7-7-12)
Sec. 7-7-12.
Time and Effect of Consolidation.
(a) Consolidation shall occur immediately upon the taking of office of
the corporate authorities of the consolidated municipality. The
consolidated municipality shall immediately be incorporated and shall
thenceforth be deemed a municipality incorporated pursuant to this Code.
Upon incorporation, the chief executive officer of the consolidated
municipality shall comply with
Section 2-1-5 of this Code relating to records of incorporation.
(b) Simultaneously with the incorporation of the consolidated
municipality, the consolidating municipalities are dissolved. Except for
the notice procedures contained in Section 7-6-5 of this Code, dissolution
procedures in this Code shall not apply.
(c) The terms of offices of the elected officials of the
consolidating municipalities, if they otherwise would have expired, shall
be extended until the elected officials of the consolidated
municipality take office. Provided, however, that no consolidation
ordinance shall provide for or result in such an extension of office to a
date more than one year following the date of the referendum.
(d) The consolidated municipality shall have the territory and
inhabitants, and shall succeed to all rights and property of every kind and
description, as well as all obligations and liabilities of every kind and
description, of the consolidating municipalities. No consolidation shall
adversely affect any vested right held by any person in respect of any
consolidating municipality. No suit or prosecution of any kind involving a
consolidating municipality shall be affected by any consolidation except
insofar as it is necessary to substitute parties. However, when a change in
the form of government makes applicable a provision in this Code that gives
a different remedy in such suit or prosecution, the remedy shall be
cumulative to the remedies before provided.
(e) Except as hereinafter provided, the consolidated municipality shall
assume and pay all debts and liabilities, and shall perform all contracts of
the consolidating municipalities. Upon consolidation, the title to all
property which belonged to the consolidating municipalities vests
in the consolidated municipality, to be held, however, for the same
purposes and uses, and subject to the same conditions as before consolidation.
(f) With respect to the property of the consolidating municipalities,
the consolidated municipality may merge, interconnect and manage any
municipally owned facility, utility, water, sewerage or sewerage disposal
system, provided that such merger, interconnection or management does not
adversely affect the rights of any existing bond holders. The county clerk
shall continue to extend tax rates existing as of the date of consolidation
upon the taxable property of the consolidating municipality alone until the
payment of the principal or interest of the bonds of the consolidating
municipality is complete. Nothing in this Section shall be construed to
prevent the consolidated municipality from incurring indebtedness for the
consolidated municipality as a whole after its consolidation.
(Source: P.A. 85-1159.)
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(65 ILCS 5/Art. 8 heading) ARTICLE 8
FINANCE
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(65 ILCS 5/Art. 8 Div. 1 heading) DIVISION 1.
GENERAL PROVISIONS
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(65 ILCS 5/8-1-1) (from Ch. 24, par. 8-1-1)
Sec. 8-1-1.
The corporate authorities may control the finances of the
corporation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-1.5)
Sec. 8-1-1.5.
Internal auditor.
The city council or board of trustees, as
appropriate, may create the office of internal auditor. The duties of the
internal auditor
shall be to report directly to the council or board regarding the state of the
finances of the
municipality. The internal auditor may be appointed as provided by
ordinance.
(Source: P.A. 93-483, eff. 1-1-04.)
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(65 ILCS 5/8-1-2) (from Ch. 24, par. 8-1-2)
Sec. 8-1-2.
The corporate authorities may appropriate money for corporate
purposes only and provide for payment of debts and expenses of the
corporation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-2.5) Sec. 8-1-2.5. Expenses for economic development. The corporate authorities may appropriate and expend funds for economic development purposes, including, without limitation, the making of grants to any other governmental entity or commercial enterprise that are deemed necessary or desirable for the promotion of economic development within the municipality.
(Source: P.A. 97-94, eff. 7-11-11.) |
(65 ILCS 5/8-1-3) (from Ch. 24, par. 8-1-3)
Sec. 8-1-3.
The corporate authorities may borrow money on the credit of the
corporation for corporate purposes, and issue bonds therefor, in such
amounts and form, and on such conditions unless otherwise provided in this
Code as the corporate authorities prescribe. Before, or at the time of
incurring any indebtedness, the corporate authorities shall provide for the
collection of a direct annual tax sufficient to pay the interest on the
debt as it falls due, and also to pay and discharge the principal thereof
within 20 years after contracting the debt.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-3.1) (from Ch. 24, par. 8-1-3.1)
Sec. 8-1-3.1. Borrowing from financial institutions. The corporate authorities may borrow money for corporate purposes from one fund
for the use of another fund providing such borrowing shall be repaid within
the current fiscal year.
The corporate authorities may also borrow money from any bank or other
financial institution provided such money shall be repaid within 10 years
from the time the money is borrowed. The mayor or president of the municipality, as the case may be, shall execute a promissory note or similar debt instrument, but not a bond, to evidence the indebtedness incurred by the borrowing. The obligation to make the payments due under the promissory note or other debt instrument shall be a lawful direct general obligation of the municipality payable from the general funds of the municipality and such other sources of payment as are otherwise lawfully available. The promissory note or other debt instrument shall be authorized by an ordinance passed by the corporate authorities and shall be valid whether or not an appropriation with respect to that ordinance is included in any annual or supplemental appropriation adopted by the corporate authorities. The indebtedness incurred under this Section, when aggregated with the existing indebtedness of the municipality, may not exceed the debt limitation provided in Section 8-5-1 of this Code. "Financial institution" means any bank, savings bank, savings and loan association, or credit union established under the laws of the United States, this State, or any other state;
any regional planning commission or joint regional planning commission established in accordance with Section 5-14001 or Section 5-14003 of the Counties Code; or the Illinois Finance Authority.
(Source: P.A. 103-187, eff. 1-1-24.)
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(65 ILCS 5/8-1-4) (from Ch. 24, par. 8-1-4)
Sec. 8-1-4.
The corporate authorities may provide for the consolidation or
refunding of maturing bonds and the funding of judgment debts, and to issue
bonds in place of maturing bonds or judgment debts.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-5) (from Ch. 24, par. 8-1-5)
Sec. 8-1-5.
Whenever in any fiscal year an ordinance authorizing the
issuance of bonds is approved by the electors in any municipality with a
population of 500,000 or more, subsequent to the passage of the annual
appropriation ordinance, the corporate authorities have the power, anything
in this Code to the contrary notwithstanding, to make a supplemental
appropriation of so much of the proceeds of the bonds, so authorized, as is
required for expenditure during the remainder of the current fiscal year
for the purpose set forth in the ordinance authorizing the issuance of the
bonds.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-6) (from Ch. 24, par. 8-1-6)
Sec. 8-1-6.
Neither the corporate authorities nor any department or officer
of any municipality shall add to the municipal expenditures in any fiscal
year anything over and above the amount provided for in the annual
appropriation ordinance of that year. No expenditure for an improvement to
be paid for out of the general fund of the municipality shall exceed in any
fiscal year the amount provided for that improvement in the annual
appropriation ordinance.
However, nothing herein contained shall prevent the corporate
authorities, by a two-thirds vote, from making additional appropriations
for the purpose of making improvements or restorations, the necessity for
which is caused by any casualty or accident happening after the annual
appropriation ordinance is passed, nor from making additional
appropriations necessary to meet any emergency, happening after and
unforeseen at the time of passing the annual appropriation ordinance.
Emergency, as used in this section, means a condition requiring immediate
action to suppress or prevent the spread of disease, or to prevent or
remove imminent danger to persons or property. For the purpose of providing
for these additional appropriations, the corporate authorities, by a
two-thirds vote, may authorize the mayor, or village president, and the
finance committee, or in municipalities under the commission form of
municipal government the mayor and commissioner of accounts and finances,
to borrow the amount of money necessary therefor for a space of time not
extending beyond the close of the next fiscal year. The sum borrowed and
the interest thereon, shall be added to the amount authorized to be raised
in the next general tax levy and embraced therein.
Should a judgment be obtained against a municipality, the mayor, or
village president, and the finance committee, or the mayor and commissioner
of accounts and finances, in commission form municipalities, under the
sanction of the corporate authorities, may borrow a sufficient amount to
pay the judgment for a space of time not extending beyond the close of the
next fiscal year. This sum and the interest thereon shall in like manner be
added to the amount authorized to be raised in the general tax levy of the
next year and embraced therein.
This section shall not apply to municipalities operating under special
charters.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-7) (from Ch. 24, par. 8-1-7)
Sec. 8-1-7.
(a) Except as provided otherwise in this Section, no
contract shall be made by the corporate authorities, or by
any committee or member thereof, and no expense shall be incurred by any of
the officers or departments of any municipality, whether the object of the
expenditure has been ordered by the corporate authorities or not, unless an
appropriation has been previously made concerning that contract or expense.
Any contract made, or any expense otherwise incurred, in violation of the
provisions of this section shall be null and void as to the municipality,
and no money belonging thereto shall be paid on account thereof. However,
pending the passage of the annual appropriation ordinance for any fiscal
year, the corporate authorities may authorize heads of departments or other
separate agencies of the municipality to make necessary expenditures for
the support thereof upon the basis of the appropriations of the preceding
fiscal year. However, if it is determined by two-thirds vote of the
corporate authorities then holding office at a regularly scheduled meeting
of the corporate authorities that it is expedient and in the best public
interest to begin proceedings for the construction of a needed public work,
then the provisions of this section shall not apply to the extent that the
corporate authorities may employ or contract for professional services
necessary for the planning and financing of such public work.
(b) Notwithstanding any provision of this Code to the contrary, the
corporate authorities of any municipality may make contracts for a term
exceeding one year and not exceeding the term of the mayor or president
holding office at the time the contract is executed,
relating to: (1) the employment of a municipal manager, administrator,
engineer, health officer, land planner, finance director, attorney, police
chief or other officer who requires technical training or knowledge; (2)
the employment of outside professional consultants such as engineers,
doctors, land planners, auditors, attorneys or other professional
consultants who require technical training or knowledge; (3) the provision
of data processing equipment and services; or (4) the provision of services
which directly relate to the prevention, identification or eradication of
disease. In such case the corporate authorities shall include in the
annual appropriation ordinance for each fiscal year, an appropriation of a
sum of money sufficient to pay the amount which, by the terms of the
contract, is to become due and payable during the current fiscal year.
(c) This section shall not apply to municipalities operating under special
charters.
(d) In order to promote orderly collective bargaining relationships, to
prevent labor strife and to protect the interests of the public and the
health and safety of the citizens of Illinois, this Section shall not apply
to multi-year collective bargaining agreements between public employers and
exclusive representatives governed by the provisions of the Illinois Public
Labor Relations Act.
Notwithstanding any provision of this Code to the contrary, the
corporate authorities of any municipality may enter into multi-year
collective bargaining agreements with exclusive representatives under the
provisions of the Illinois Public Labor Relations Act.
(e) Notwithstanding any provision of this Code to the contrary, the
corporate
authorities of any municipality may enter into any multi-year contract or
otherwise
associate for any term under the provisions of Section 10 of Article VII of the
Illinois
Constitution or the Intergovernmental Cooperation Act.
(Source: P.A. 90-517, eff. 8-22-97.)
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(65 ILCS 5/8-1-8) (from Ch. 24, par. 8-1-8)
Sec. 8-1-8.
All warrants drawn upon the municipal treasurer must be signed
by the mayor or president and countersigned by the municipal clerk, or the
city comptroller if there is one, stating the particular fund and the
appropriation to which the warrant is chargeable, and the person to whom
payable. No money shall be paid otherwise than upon such warrants so drawn,
except as otherwise provided.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-9) (from Ch. 24, par. 8-1-9)
Sec. 8-1-9.
No warrant payable on demand shall be drawn upon the municipal
treasurer or against any fund in his possession unless at the time of the
drawing there is sufficient money in the appropriate fund in the municipal
treasury to pay the warrant.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-10) (from Ch. 24, par. 8-1-10)
Sec. 8-1-10.
Interest received by a municipality upon deposits of money
derived from special assessments or special taxes and that part of the
interest, penalties, and costs received on account of any delinquent
special assessment or special tax, which is in excess of 6% annually on the
amount of that delinquent special assessment or special tax from the date
of the first voucher issued on account of work done to the date of the
receipt of the interest, penalties, and costs by the municipality, shall be
used first for paying any expense of the municipality in connection with
the collection or withdrawal from collection of any delinquent special
assessment or special tax or the preservation of the lien thereof, or in
connection with the sale or forfeiture of any real estate for delinquent
special assessments or special taxes, or in the preservation of the lien of
any certificate of sale or tax deed, and secondly shall be used to pay any
warrant, for which there are not sufficient funds, for the payment of past
due principal or interest on vouchers and bonds issued in anticipation of
the collection of the special assessments or special taxes identified by
such warrant.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-11) (from Ch. 24, par. 8-1-11)
Sec. 8-1-11.
Whenever a municipality does not have sufficient money
in its treasury to meet all necessary expenses and liabilities of the
municipality, including all expenses for building purposes, the
corporate authorities may issue and sell warrants drawn against and in
anticipation of taxes already levied for the particular funds from which
these expenses and liabilities may be paid, to the extent of 85% of the
total amount of those taxes. However, in municipalities in which there
has been created a working cash fund pursuant to the provisions of
Division 6 of this Article 8, no tax anticipation warrants shall be
drawn against taxes levied for general corporate purposes for such an
amount that the aggregate of (1) the amount of those warrants, and the
interest to accrue thereon, and (2) the aggregate amount of those
warrants theretofore drawn against those taxes and the interest accrued
and to accrue thereon, and (3) the aggregate amount of money theretofore
transferred from the working cash fund to the general fund of that
municipality, exceeds 90% of the actual or estimated amount of those
taxes extended or to be extended by the county clerk upon the books of
the collector or collectors of state and county taxes within that
municipality. Tax anticipation warrants drawn and issued under this
section shall show upon their face that they are payable in the
numerical order of their issuance solely from the anticipated taxes when
these anticipated taxes are collected and not otherwise. These warrants
shall be received by any collector of taxes in payment of the taxes
against which they are issued, and the taxes against which these
warrants are drawn shall be set apart and held for their payment.
(Source: P.A. 81-165.)
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(65 ILCS 5/8-1-12) (from Ch. 24, par. 8-1-12)
Sec. 8-1-12.
Each warrant issued under Section 8-1-11 may be made
payable at the time fixed in the warrant and shall bear interest, payable
only out of the taxes against which it is drawn, at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, from the date of its
issuance until paid, or until notice that the money for its payment is
available, and that it will be paid on presentation, is given by
publication 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. However, a lower rate of interest may be specified in the
warrant, in which case the interest shall be computed and paid at that
lower rate. The amendatory Acts of 1971, 1972 and 1973 are not a limit upon
any municipality which is a home rule unit.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/8-1-13) (from Ch. 24, par. 8-1-13)
Sec. 8-1-13.
Every municipality holding in its treasury funds which are set
aside for use for particular purposes, but which are not immediately
necessary for those purposes, by ordinance, may use those funds, or any of
them, in the purchase of tax anticipation warrants issued by the
municipality possessing the funds against taxes levied by that
municipality. These warrants shall bear interest not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract. All interest upon these warrants,
and all money paid in redemption of these warrants or received from the
resale thereof, shall at once be credited to and placed in the particular
fund used to purchase the specified warrants.
However, a municipality so using any of its funds for the purchase of
such tax anticipation warrants shall not apply to the payment thereof while
so held by it any taxes against and in anticipation of which the warrants
were issued, unless and until all warrants and the interest thereon, issued
by that municipality against and in anticipation of the same taxes and sold
to other purchasers have been first paid or money sufficient for the
payment thereof has been deposited in the municipal treasury as a special
fund to be used solely for the purpose of paying to the other purchasers
the warrants and the interest thereon when presented. Nothing contained in
this section shall prevent the resale or reissue of any warrants as
provided in Section 8-1-14.
Likewise, every municipality by ordinance may use the money in those
funds in the purchase of bonds issued by the municipality, possessing the
funds and representing the obligation and pledging the credit of that
municipality, or bonds and other interest bearing obligations of the United
States or of the State of Illinois. All interest upon these bonds or
obligations and all money paid in redemption of these bonds or obligations
or realized from the sale thereof, if afterwards sold, shall at once be
credited to and placed in the particular fund used to purchase specified
bonds or obligations.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/8-1-14) (from Ch. 24, par. 8-1-14)
Sec. 8-1-14.
If at any time it is deemed expedient to convert into money
any tax anticipation warrants theretofore issued and purchased with public
funds pursuant to the provisions of Section 8-1-13, before receipt of the
taxes in anticipation of which the warrants were issued, the corporate
authorities of the municipality, by ordinance or resolution, may authorize
a resale of such warrants and adjust the interest rate thereon, or may
authorize the issuance and sale of a like principal amount of new warrants
for the same purpose and in anticipation of the same taxes as the original
warrants were issued. These new warrants may have any date subsequent to
the date of the original tax anticipation warrants. The new tax
anticipation warrants shall be of the denomination and shall bear interest
at the rate, not to exceed the statutory rate, that is authorized by the
ordinance or resolution specified in this section. In a municipality which
constitutes a school district, and in which the corporate authorities are
required annually to levy all school taxes, the issuance of such new
warrants in anticipation of school taxes, or the resale of such original
warrants with adjusted interest rate, shall be approved by the board of
education of that school district.
Simultaneously with the delivery of these new tax anticipation warrants,
a like principal amount of the original warrants that were issued against
the same tax that is anticipated by the new warrants shall be paid and
cancelled. The proceeds of the sale of these new tax anticipation warrants
shall be used first to restore to the fund or funds so invested in the
original tax anticipation warrants, money equivalent to the par value and
accrued interest of the original tax anticipation warrants and the balance,
if any, shall revert to the fund for the creation of which the tax so
anticipated was levied. Warrants resold or reissued pursuant to the
provisions of this section shall have the same incidents of priority with
respect to payment and shall be paid in all respects in the same manner as
other warrants issued in anticipation of the same tax and sold in the first
instance to any purchaser other than the issuing municipality.
When tax anticipation warrants are reissued they shall bear the index
numerical designation of the original warrants and shall be subnumbered
consecutively in the order of reissuance, and shall be paid in the direct
order of reissuance, beginning with the earliest subnumber.
In determining the priority of payment of more than one series of tax
anticipation warrants against the collection of the same tax, the various
series shall be treated as having been issued on the date of the original
issue of each series of warrants. The series prior in point of time as thus
determined shall be paid first.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-1-15) (from Ch. 24, par. 8-1-15)
Sec. 8-1-15.
Any municipality having a population of 500,000 or more,
holding in its treasury any fund set aside for use for a particular purpose
that is not immediately necessary for that purpose, at any time by
ordinance may advance the money in that fund, or such part thereof as may
be required, to the board of local improvements of that municipality. The
board shall apply this money toward the payment of any final judgment of
condemnation rendered in any proceeding involving the taking or damaging of
private property for a local improvement of that municipality, the cost of
which is to be defrayed wholly or partly by special assessment or special
taxation.
Before any money is actually so advanced, the corporate authorities, by
the same ordinance, shall require the board of local improvements to
execute and deposit with the comptroller of the municipality a written
pledge or security to the entire extent of the special assessment or
special tax, for the repayment of the advance out of the proceeds of the
special assessment or special tax. The comptroller shall give a written
receipt for this pledge or security. After such a pledge or security is so
executed and deposited, all money paid on account of the principal and
interest of the special assessment or special tax shall be at once credited
to and placed in the fund from which the advance was made until the fund is
reimbursed for the advance made therefrom. Thereupon, the corporate
authorities by ordinance may cancel and release the pledge or security. The
entire amount of the advance shall be repaid to the specified fund within 5
years from the date of the passage of the ordinance providing for the
advance.
An advance shall bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract. The corporate
authorities shall make provision for the payment, out of any corporate
funds legally available therefor, of any part of this interest which is in
excess of the interest paid on account of the special assessment or special
tax and placed in the specified fund.
If there is no comptroller in the municipality, the municipal clerk
shall perform the duties of the comptroller specified in this section.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/8-1-16) (from Ch. 24, par. 8-1-16)
Sec. 8-1-16.
In any municipality with a population of 500,000 or more the
corporate authorities may levy a tax annually upon all the taxable property
in the municipality at a rate that will produce not to exceed $4,500,000
upon the valuation to be ascertained by the assessment of such property for
purposes of taxation for the year in which each such levy is made. This
tax, if levied, shall be for the purpose of paying judgments entered
against the municipality prior to January 1, 1941, and tort judgments and
judgments for damage to or for the taking of private property for public
use entered after January 1, 1941. This tax shall be levied and collected
in the same manner as the general taxes of the municipality. It shall be
known as the judgment tax and shall be in addition to the maximum of all
other taxes which the municipality is now, or may be hereafter, authorized
by law to levy upon the aggregate valuation of all taxable property within
the municipality.
All money received from this tax shall be set apart in a separate fund
and shall be used solely for the purpose of paying judgments as provided
for in this section. Judgments against the municipality shall be paid out
of this fund in the order in which the judgments were obtained. This order
of payment shall not apply to judgments of $1000 or less, which judgments
may be paid out of said order and in the order in which these judgments of
$1000 or less were obtained.
Interest accrued on these judgments shall be paid with the principal
thereof. However, the interest accrued to any particular date on all
judgments payable out of this fund may be paid ratably at any time without
payment of the principal thereof. Warrants issued in anticipation of the
judgment tax under the provisions of Sections 8-1-11 and 8-1-12 shall bear
interest at a rate not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/8-1-17) (from Ch. 24, par. 8-1-17)
Sec. 8-1-17.
The corporate authorities of any municipality
may receive funds from the United States pursuant to the "Comprehensive
Employment and Training Act of 1973", Public Law 93-203, and may disburse
such funds together with any other municipal funds for the purposes
specified in that public law.
The provisions of this Section are not a limitation on the powers of a
home rule municipality.
(Source: P.A. 79-389.)
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(65 ILCS 5/8-1-18) (from Ch. 24, par. 8-1-18)
Sec. 8-1-18.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(65 ILCS 5/Art. 8 Div. 2 heading) DIVISION 2.
ANNUAL APPROPRIATION ORDINANCES
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(65 ILCS 5/8-2-1) (from Ch. 24, par. 8-2-1)
Sec. 8-2-1.
Pursuant to the provisions of Sections 8-2-1 through 8-2-8, the
corporate authorities in municipalities with a population of 500,000 or
more, shall pass an ordinance within the last 60 days of each fiscal year,
to be termed the annual appropriation ordinance. In this ordinance the
corporate authorities, subject to the limitations contained in Sections
8-2-1 through 8-2-8, may appropriate such sums of money as are deemed
necessary to defray all necessary expenses and liabilities of the
municipality to be paid or incurred during the next fiscal year.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-2-2) (from Ch. 24, par. 8-2-2)
Sec. 8-2-2.
Prior to November 15 of each year, the mayor in municipalities
specified in Section 8-2-1 shall submit to the corporate authorities the
executive budget for the ensuing fiscal year as prepared by the budget
director of the municipality and approved by the mayor. The executive
budget, as the same may be revised or altered by the corporate authorities,
shall provide the basis upon which the annual appropriation ordinance is
prepared and enacted.
The budget document shall set forth estimates, by classes, of all
current assets and liabilities of each fund of the municipality, as of the
beginning of the fiscal year, for which appropriations are to be made, and
the amount of those assets which will be available for appropriation in
that year, either for expenditures or charges to be made or incurred during
that year or for liabilities unpaid at the beginning thereof. Estimates of
taxes to be received from the levies of prior years shall be net, after
deducting the amounts estimated to be sufficient to cover the loss and cost
of collecting these taxes. These amounts shall include (1) uncollectible
taxes, (2) the cost of collecting taxes, (3) the amount of these taxes for
the nonpayment of which real estate has been or will be forfeited to the
State, and (4) the abatement in the amount of these taxes extended or to be
extended upon the collector's books. In order to secure net estimates there
also shall be deducted the principal of all unpaid tax anticipation
warrants and all interest accrued thereon and an amount estimated to be
sufficient to cover all interest to accrue thereon until redemption of
these tax anticipation warrants. Estimates of the liabilities of the
respective funds shall include (1) all final judgments, including accrued
interest thereon, entered against the municipality and unpaid at the
beginning of the fiscal year for which the appropriations are made, (2) any
amount for which the corporate authorities of the municipality are required
to reimburse the working cash fund from the general corporate fund pursuant
to the provisions of Division 6 of this Article 8, (3) the taxes levied for
the purposes of the reserves provided for in the Illinois Pension Code, as
now or hereafter amended and (4) all other liabilities. However, for the
purpose of these estimates, judgments, for the payment of which a special
tax has been authorized by law, shall not be deemed liabilities of the
general corporate fund of the municipality. Also, estimates of taxes to be
received from the levies of the years prior to 1945 for general corporate
purposes and estimates of the liabilities of the general corporate fund
incurred prior to January 1, 1945, shall not be included in the budget
document. The budget document shall also set forth detailed estimates of
all taxes to be levied for the fiscal year for which the appropriations are
to be made, and detailed estimates of all other current revenue to be
derived from sources other than such taxes, which will be applicable to
expenditures or charges to be made or incurred during that year. All of
these estimates shall be so segregated and classified as to funds and in
such other manner as to give effect to the requirements of law relating to
the respective purposes to which these assets, taxes, and other current
revenue are applicable to the end that no expenditure shall be authorized
or made for any purpose in excess of funds lawfully available therefor.
(Source: Laws 1965, p. 2505.)
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(65 ILCS 5/8-2-3) (from Ch. 24, par. 8-2-3)
Sec. 8-2-3.
Proposed appropriations in municipalities specified in Section
8-2-1 shall be arranged according to funds and also according to
departments and other separate agencies of the municipal government. The
budget document shall specify the objects and purposes for which
appropriations are to be made and the amount proposed to be appropriated
for each object or purpose. It shall include proposed appropriations for
(1) all current expenditures or charges to be made or incurred during the
fiscal year for which appropriations are made; (2) all final judgments,
including accrued interest thereon, entered against the municipality and
unpaid at the beginning of that fiscal year, (3) any amount for which the
corporate authorities of the municipality are required to reimburse the
working cash fund from the general corporate fund pursuant to the
provisions of Division 6 of this Article 8, (4) the taxes levied for the
purposes of the reserves provided for in the Illinois Pension Code, as now
or hereafter amended, (5) all other liabilities, and (6) an amount
estimated to be sufficient to cover the loss and cost of collecting taxes
to be levied for that fiscal year. This last designated amount shall
include (1) uncollectible taxes, (2) the cost of collecting taxes (3) the
amount of taxes levied for the nonpayment of which real estate will be
forfeited to the state, and (4) the amount of taxes extended upon the
collector's books which will be abated. However, the corporate authorities
of the municipality shall not be required to appropriate any amount from
the general corporate fund of the municipality for the payment of any
judgment, for which a special tax has been authorized by law, or for the
payment of any other liability of the general corporate fund incurred prior
to January 1, 1945.
(Source: Laws 1965, p. 2505.)
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(65 ILCS 5/8-2-4) (from Ch. 24, par. 8-2-4)
Sec. 8-2-4.
The objects and purposes for which appropriations shall be made
in municipalities specified in Section 8-2-1 are classified and
standardized by the following items, and by such items shall be designated
in the budget document, and the annual appropriation ordinance:
(1) Personal services
(2) Contractual services
(3) Travel
(4) Commodities
(5) Equipment
(6) Permanent improvements
(7) Land
(8) Contingencies
An appropriation in one or more of the items above specified shall be
construed in accordance with the definitions and limitations specified in
Sections 8-2-1 through 8-2-8, unless the appropriation ordinance otherwise
provides. An appropriation for a purpose other than one specified and
defined in this section and in Section 8-2-5 may be made only as an
additional, separate and distinct item, specifically stating the object and
purpose thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-2-5) (from Ch. 24, par. 8-2-5)
Sec. 8-2-5.
The items specified in Section 8-2-4 when used in the budget
document and appropriation ordinance of municipalities specified in Section
8-2-1 are defined as follows:
(1) "Personal services": the reward or recompense made for personal
services rendered for the municipality by an individual as an officer or
employee of a municipality or an instrumentality thereof, or as an
independent contractor, including any amount required to be deducted from
the reward or recompense of any such person under the provisions of any
retirement or tax law, or both.
(2) "Contractual service": the expenditures incident to the completion
of a project or the current conduct and operation of an office, department,
board, commission or agency, including, but not limited to, postage and
postal charges, surety bond premiums, title insurance, publications, office
conveniences and services, exclusive of "commodities" as herein defined,
and including also expenditures for rental of property or equipment, repair
or maintenance of property or equipment, utility services, professional or
technical services, and transportation charges exclusive of "travel" as
herein defined.
(3) "Travel": any expenditure directly incident to official travel by
municipal officers and employees or by wards or charges of the municipality
involving reimbursement to travelers or direct payment to private agencies
providing transportation or related services.
(4) "Commodities": expenditures in connection with current operation and
maintenance for the purchase of articles of a consumable nature which show
a material change or appreciable depreciation with first usage, repair
parts, and small tools having a unit value not in any instance exceeding
$10.
(5) "Equipment": expenditures for the acquisition, replacement or
increase of visible tangible personal property of a non-consumable nature,
including livestock.
(6) "Permanent improvements": expenditures for the acquisition,
enlargement or improvement of existing buildings and structures (other than
repair), the erection or construction of any structure or work which
constitutes a substantial addition to real estate, including the total cost
thereof in labor, material and supplies and any other costs and charges
necessary or incident to the completion of the building or structure but
not including "equipment" as herein defined.
(7) "Land": expenditures for the acquisition of real estate (or rights
therein other than leasehold interests obtained through rental), and
consequential damage to real estate occasioned by public improvements,
whether obtained by purchase or by condemnation under the eminent domain
laws of the state, and for expenses necessarily incidental to such purchase
or condemnation.
(8) "Contingencies": expenditures for purposes not covered in any other
item, which purposes could not reasonably have been foreseen and provided
for at the time of the enactment of the appropriation ordinance. The amount
of any such contingency item for any office, department, board, commission
or agency shall in no case exceed $100,000.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-2-6) (from Ch. 24, par. 8-2-6)
Sec. 8-2-6.
Budget document; availability; hearing; limitations on
appropriations.
(a) The corporate authorities in municipalities specified in
Section 8-2-1 shall make the budget document as submitted by the mayor
conveniently available to public inspection for at least 10 days before
the passage of the annual appropriation ordinance, by publication in the
journal of the proceedings of the corporate authorities or in another
form prescribed by the corporate authorities.
(b) Not less than one week
after the publication of the budget document, and before final action on
the appropriation ordinance, the corporate authorities shall hold at least
one public hearing on the budget document. Notice of this hearing shall be
given by publication in a newspaper having a general circulation in the
municipality at least one week before the time of the
hearing. After the public hearing and before final action is taken on the appropriation
ordinance, the corporate authorities may revise, alter, increase, or
decrease the items contained in the budget document. Upon completion of its
action on the budget document, the corporate authorities shall enact the
budget document as so revised as the annual appropriation
ordinance.
(c) All of the
requirements pertaining to the form and substance of the budget document,
including limitations, as prescribed in Sections 8-2-1 through 8-2-8, shall
be applicable to the appropriation ordinance. Detailed schedules supporting
the appropriation ordinance shall be attached to the ordinance and shall be
published in the official record of the municipalities simultaneously with
the appropriation ordinance, but shall not be considered as an official
part of the ordinance.
(d) The aggregate amount finally appropriated by the
appropriation ordinance, including any subsequent amendment of the
ordinance, from
any fund or for any purpose (including amounts appropriated for judgments
and all other unpaid liabilities and all other purposes for which the
corporate authorities are by this Section or otherwise by law required to
appropriate) shall not exceed the aggregate amount available in that fund
or for that purpose as shown by the estimates of the available assets
thereof at the beginning of the fiscal year for which appropriations are
made and of taxes and other current revenue set forth in the budget
document as submitted to the corporate authorities or as revised by the
budget director. If the appropriations from any
fund as set forth in the appropriation ordinance as finally adopted exceed
in the aggregate the maximum amount that the corporate authorities are
authorized by this Section to appropriate from the fund,
all appropriations
made from that fund by the appropriation ordinance are void. In this latter
event, the several amounts appropriated for current operation and
maintenance expense in the appropriation ordinance of the last preceding
fiscal year shall be deemed to be appropriated for the fiscal year for
which the void appropriations were made for the objects and purposes,
respectively, as specified in the last preceding appropriation ordinance.
The several amounts so deemed to be appropriated shall constitute lawful
appropriations upon which taxes for the fiscal year for which the void
appropriations were made may be levied under
Section 8-3-1.
(e) The corporate authorities may amend the annual appropriation
ordinance at their next regular meeting occurring not less than 5 days
after the passage of the ordinance, in the same manner as other ordinances. If any
item of appropriation contained in the appropriation ordinance is vetoed by the mayor, with
a recommendation for a change in that item, the adoption of
the recommendation by
a yea and nay vote shall be regarded as the equivalent of an amendment of
the annual appropriation ordinance with the same effect as if an amendatory
ordinance were duly passed. The appropriation ordinance, as originally
passed or as subsequently amended, also may be amended at any regular or
special meeting of the corporate authorities held not more than 15 days
after the first regular meeting of the corporate authorities occurring not
less than 5 days after the passage of the ordinance, by repealing or
reducing the amount of any item of appropriation contained in the
ordinance.
(Source: P.A. 87-1119.)
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(65 ILCS 5/8-2-7) (from Ch. 24, par. 8-2-7)
Sec. 8-2-7.
Except as otherwise specially provided by law, no further
appropriations in municipalities specified in Section 8-2-1 shall be made
prior to the passage of the next succeeding annual appropriation ordinance.
However, during any fiscal year the corporate authorities in such
municipalities may adopt a supplemental appropriation ordinance in an
amount not in excess of the aggregate of any additional revenue available
to the municipality, or estimated to be received by the municipality
subsequent to the adoption of the annual appropriation ordinance for that
fiscal year. Such supplemental appropriation ordinance shall only affect
revenue that was not available for appropriation when that annual
appropriation ordinance was adopted, and the provisions of Section 8-2-6
relating to publication, notice and public hearing shall not be applicable
to such supplemental appropriation ordinance or to the budget document
forming the basis of such ordinance. At any time during the fiscal year,
the corporate authorities by a majority vote of all their members and upon
request of the mayor, may make transfers within any department or other
separate agency of the municipal government, of sums of money appropriated
for one corporate object or purpose to another corporate object or purpose,
but the aggregate of transfers from any appropriation shall not exceed 5%
of the appropriation. At any time after the first half of each fiscal year,
the corporate authorities may, by a two-thirds vote of all of their
members, make transfers within any department or other separate agency of
the municipal government, of sums of money appropriated for one corporate
object or purpose to another corporate object or purpose in excess of the
5% limitation, but no appropriation for any object or purpose shall by
virtue of any transfer herein authorized be reduced below an amount
sufficient to cover all obligations incurred or to be incurred against that
appropriation.
(Source: Laws 1967, p. 2672.)
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(65 ILCS 5/8-2-8) (from Ch. 24, par. 8-2-8)
Sec. 8-2-8.
Nothing contained in Sections 8-2-1 through 8-2-7 shall deprive
the corporate authorities of power to provide for the payment from the
funds of the municipality of any charge imposed by law without the action
of any corporate authority thereof, whenever the payment of the charge has
been ordered by a court of competent jurisdiction.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-2-9) (from Ch. 24, par. 8-2-9)
Sec. 8-2-9.
In municipalities with less than 500,000 inhabitants, except as otherwise provided in this Section, the
corporate authorities shall pass an ordinance within the first quarter
of each fiscal year, to be termed the annual appropriation ordinance. On and after January 1, 2020, if a disaster, state of emergency, or national emergency is declared within the 60 days preceding the end of the first quarter of a municipality's fiscal year and the disaster, emergency, or declaration impacts the municipality, the time limit to pass the annual appropriation ordinance shall be extended for the duration of the disaster or emergency and for 60 days thereafter. During the extended period, the municipality may expend sums of money up to amounts budgeted or appropriated for those objects and purposes in the previous fiscal year to defray all necessary expenses and liabilities of the municipality. In
this ordinance, the corporate authorities (i) may appropriate sums
of money deemed necessary to defray all necessary expenses and
liabilities of the municipalities, including the amounts to be deposited
in the reserves provided for in the Illinois Pension Code and (ii) shall
specify the objects and purposes for which these appropriations are made
and the amount appropriated for each object or purpose. Among the objects
and purposes specified shall be the reserves provided for in the Illinois
Pension Code. Except as otherwise provided, no further
appropriations shall be made at any other time within the same fiscal
year, unless a proposition to make each additional appropriation has
been first sanctioned by a petition signed by electors of the
municipality numbering more than 50% of the number of votes cast for the
candidates for mayor or president at the last preceding general
municipal election at which a mayor or president was elected, by a
petition signed by them, or by a majority of those voting on the
question at a regular election or at an emergency referendum authorized in
accordance with the general election law. The corporate authorities may by
ordinance initiate the submission of the proposition. During any fiscal
year, the corporate authorities in municipalities subject to this Section
may adopt a supplemental appropriation ordinance in an amount not in excess
of the aggregate of any additional revenue available to the
municipality, or estimated to be received by the municipality after
the adoption of the annual appropriation ordinance for that fiscal
year, or from fund balances available when the annual appropriation
ordinance was adopted but that were not appropriated at that time.
The provisions of this Section prohibiting further appropriations without
sanction by petition or election shall not be applicable to the
supplemental appropriation for that fiscal year. The corporate authorities
at any time, however, by a two-thirds vote of all the members of the body,
may make transfers within any department or other separate agency of the
municipal government of sums of money appropriated for one corporate object
or purpose to another corporate object or purpose, but no appropriation for
any object or purpose shall thereby be reduced below an amount sufficient
to cover all obligations incurred or to be incurred against the
appropriation. Nothing in this Section shall deprive the corporate
authorities of the power to provide for and cause to be paid from the funds
of the municipality any charge imposed by law without the action of the
corporate authorities, the payment of which is ordered by a court of
competent jurisdiction.
At least 10 days before the adoption of the annual appropriation
ordinance, the corporate authorities of municipalities over 2,000 in
population shall make the proposed appropriation ordinance or a formally
prepared appropriation or budget document upon which the annual
appropriation ordinance will be based conveniently available to public
inspection. In addition, the corporate authorities shall hold at least one
public hearing on that proposed appropriation ordinance. Notice of this
hearing shall be given publication in one or more newspapers published in
the municipality or, if there is none published in the municipality, in a
newspaper published in the county and having general circulation in the
municipality at least 10 days before the time of the public hearing. The
notice shall state the time and place of the hearing and the place where
copies of the proposed appropriation ordinance or formally prepared
appropriation or budget document will be accessible for examination. The
annual appropriation ordinance may be adopted at the same meeting at which
the public hearing is held or at any time after that public hearing.
After the public hearing and before final action is taken on the
appropriation ordinance, the corporate authorities may revise, alter,
increase, or decrease the items contained in the ordinance.
Notwithstanding any above provision of this Section, any
municipality in which Article 5 becomes effective after the annual
appropriation ordinance has been passed for the current fiscal year may
amend the appropriation ordinance in any manner necessary to make
Article 5 fully operative in that municipality for that fiscal year. No
amendment shall be construed, however, to affect any tax levy
made on the basis of the original appropriation ordinance.
This Section does not apply to municipalities operating under
special charters.
(Source: P.A. 101-640, eff. 6-12-20.)
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(65 ILCS 5/8-2-9.1) (from Ch. 24, par. 8-2-9.1)
Sec. 8-2-9.1. Budget officer. Every municipality with a population of
less than 500,000
(except special charter municipalities having a population in excess of
50,000) that has adopted this Section 8-2-9.1 and Sections
8-2-9.2
through 8-2-9.10 by a two-thirds majority vote of those members of the
corporate authorities then holding office shall have a budget officer who
shall be designated by the mayor or president, with the approval of the
corporate authorities. In municipalities operating
under the
commission form of government, the commissioner of accounts and
finances shall designate the budget officer,
with the approval of the council or board of trustees, as the case may
be. In municipalities with a managerial form of government, the
municipal
manager shall designate the budget officer. The budget officer shall
take an oath and post a bond as provided in
Section 3.1-10-25. The budget officer may hold another municipal
office,
either elected or appointed (including, but not limited to, the office of mayor or president in municipalities with a population under 10,000), and may receive compensation for both offices except when a mayor or president in a municipality with a population under 10,000 is also the budget officer.
Article 10 of this Code shall not apply to an individual serving as the
budget officer. The budget officer shall serve at the pleasure of
the
mayor or municipal manager, as the case may be.
(Source: P.A. 99-386, eff. 8-17-15.)
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(65 ILCS 5/8-2-9.2) (from Ch. 24, par. 8-2-9.2)
Sec. 8-2-9.2.
The municipal budget officer appointed in any municipality
pursuant to Section 8-2-9.1 shall have the following powers and duties:
(a) Permit and encourage and establish the use of efficient planning,
budgeting, auditing, reporting, accounting, and other fiscal management
procedures in all municipal departments, commissions, and boards.
(b) Compile an annual budget in accordance with Section 8-2-9.3.
(c) Examine all books and records of all municipal departments,
commissions, and boards which relate to monies received by the
municipality, municipal departments, commissions, and boards, and paid out
by the municipality, municipal departments, commissions, and boards, debts
and accounts receivable, amounts owed by or to the municipality, municipal
departments, commissions, and boards.
(d) Obtain such additional information from the municipality, municipal
departments, commissions, and boards as may be useful to the budget officer
for purposes of compiling a municipal budget, such information to be
furnished by the municipality, municipal departments, commissions, and
boards in the form required by the budget officer. Any department,
commission or board which refuses to make such information as is requested
of it available to the budget officer shall not be permitted to make
expenditures under any subsequent budget for the municipality until such
municipal department, commission, or board shall comply in full with the
request of the budget officer.
(e) Establish and maintain such procedures as shall insure that no
expenditures are made by the municipality, municipal departments,
commissions, or board except as authorized by the budget.
(Source: P.A. 76-1117.)
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(65 ILCS 5/8-2-9.3) (from Ch. 24, par. 8-2-9.3)
Sec. 8-2-9.3.
The municipal budget officer shall compile a budget, such
budget to contain estimates of revenues available to the municipality for
the fiscal year for which the budget is drafted, together with recommended
expenditures for the municipality and all of the municipality's
departments, commissions, and boards. Revenue estimates and expenditure
recommendations shall be presented in a manner which is in conformity with
good fiscal management practices. Substantial conformity to a chart of
accounts, now or in the future, recommended by the National Committee on
Governmental Accounting, or the Auditor of Public Accounts of the State
of Illinois, or the Division of Local Governmental Affairs and Property
Taxes of the Department of Revenue of the State of Illinois or successor
agencies shall be deemed proof of such conformity. The budget shall contain
actual or estimated revenues and expenditures for the two years immediately
preceding the fiscal year for which the budget is prepared. So far as is
possible, the fiscal data for such two preceding fiscal years shall be
itemized in a manner which is in conformity with the chart of accounts
approved above. Each budget shall show the specific fund from which each
anticipated expenditure shall be made.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/8-2-9.4) (from Ch. 24, par. 8-2-9.4)
Sec. 8-2-9.4.
Passage of the annual budget by the corporate authorities
shall be in lieu of passage of the appropriation ordinance as required by
Section 8-2-9 of this Act. The annual budget need not be published except
in a manner provided for in Section 8-2-9.9. Except as otherwise provided in this Section, the annual budget shall be
adopted by the corporate authorities before the beginning of the fiscal
year to which it applies. On and after January 1, 2020, if a disaster, state of emergency, or national emergency is declared within 60 days of the end of a municipality's fiscal year and the disaster, emergency, or declaration impacts the municipality, the time limit to pass the annual budget shall be extended for the duration of the disaster or emergency and for 60 days thereafter. During the extended period, the municipality may expend sums of money up to amounts budgeted or appropriated for those objects and purposes in the previous fiscal year to defray all necessary expenses and liabilities of the municipality.
(Source: P.A. 101-640, eff. 6-12-20.)
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(65 ILCS 5/8-2-9.5) (from Ch. 24, par. 8-2-9.5)
Sec. 8-2-9.5.
In the preparation by the municipal budget officer of the
annual budget, an amount not to exceed 3% of the equalized assessed value of
property subject to taxation by the municipality may be accumulated in a
separate fund for the purpose or purposes of specific capital improvements,
repairs, and/or replacements of specific types of municipal equipment or
other tangible property, both real and personal, to be designated as the
"Capital Improvement, Repair or Replacement Fund". Expenditures from the
Capital Improvement, Repair or Replacement Fund shall be budgeted in the
fiscal year in which the capital improvement, repair or replacement will
occur. Upon the completion or abandonment of any object for which the
Capital Improvement, Repair or Replacement Fund, or should any surplus
monies remain after the completion or abandonment of any object for which
the Capital Improvement, Repair or Replacement Fund was inaugurated, then
such funds no longer necessary for capital improvement, repair or
replacement shall be transferred into the general corporate fund of the
municipality on the first day of the fiscal year following such
abandonment, completion, or discovery of surplus funds.
(Source: P.A. 84-147.)
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(65 ILCS 5/8-2-9.6) (from Ch. 24, par. 8-2-9.6)
Sec. 8-2-9.6.
The corporate authorities may delegate authority to heads of
municipal departments, boards, or commissions to delete, add to, change or
create sub-classes within object classes budgeted previously to the
department, board, or commission, subject to such limitation or requirement
for prior approval by the budget officer or executive officer of the
municipality as the council, upon a two-thirds vote of the corporate
authorities then holding office, may establish. By a vote of two-thirds of
the members of the corporate authorities then holding office, the annual
budget for the municipality may be revised by deleting, adding to, changing
or creating sub-classes within object classes and object classes
themselves. No revision of the budget shall be made increasing the budget
in the event funds are not available to effectuate the purpose of the
revision.
(Source: P.A. 76-1117.)
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(65 ILCS 5/8-2-9.7) (from Ch. 24, par. 8-2-9.7)
Sec. 8-2-9.7.
Funds for contingency purposes.
The annual budget may contain
money set aside for contingency
purposes not to exceed ten percent of the total budget, less the amount set
aside for contingency purposes, which monies may be expended for
contingencies upon a majority vote of the corporate authorities then
holding office.
(Source: P.A. 76-1117.)
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(65 ILCS 5/8-2-9.9) (from Ch. 24, par. 8-2-9.9)
Sec. 8-2-9.9.
The corporate authorities shall make the tentative annual
budget conveniently available to public inspection for at least ten days
prior to the passage of the annual budget, by publication in the journal of
the proceedings of the corporate authorities or in such other form as the
corporate authorities may prescribe. Not less than one week after the
publication of the tentative annual budget, and prior to final action on
the budget, the corporate authorities shall hold at least one public
hearing on the tentative annual budget, after which hearing or hearings the
tentative budget may be further revised and passed without any further
inspection, notice or hearing. Notice of this hearing shall be given by
publication in a newspaper having a general circulation in the municipality
at least one week prior to the time of the hearing.
(Source: P.A. 76-1117.)
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(65 ILCS 5/8-2-9.10) (from Ch. 24, par. 8-2-9.10)
Sec. 8-2-9.10.
Any municipality that has previously adopted the provisions
of these Sections 8-2-9.1 through 8-2-9.9 may abandon the provisions hereof
by a 2/3 majority vote of the corporate authorities then holding office.
(Source: P.A. 76-1117.)
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(65 ILCS 5/8-2-9.11) (from Ch. 24, par. 8-2-9.11)
Sec. 8-2-9.11.
Whenever any municipality has entered into a contract
for the repair, remodeling, renovation or construction of a building or
structure or the construction or maintenance of a road or highway, which
provides for retention of a
percentage of the contract
price until final completion and acceptance of the work, upon the request of
the contractor and with the approval of the municipality, the amount so
retained may be deposited under a trust agreement with an Illinois bank
of the contractor's choice and subject to the approval of the municipality.
The contractor shall receive any interest thereon.
Upon application by the contractor, the trust agreement must contain, as a
minimum, the following provisions:
a. The amount to be deposited subject to the trust;
b. The terms and conditions of payment in case of default of the
contractor;
c. The termination of the trust agreement upon completion of the
contract; and
d. The contractor shall be responsible for obtaining the written
consent of the bank trustee, and any costs or service fees shall be
borne by the contractor.
The trust agreement may, at the discretion of the municipality and
upon request of the contractor, become operative at the time of the
first partial payment in accordance with existing statutes, ordinances and municipality
procedures.
(Source: P.A. 82-503.)
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(65 ILCS 5/Art. 8 Div. 3 heading) DIVISION 3.
LEVY AND COLLECTION OF TAXES
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(65 ILCS 5/8-3-1) (from Ch. 24, par. 8-3-1)
Sec. 8-3-1.
The corporate authorities may levy and collect taxes for
corporate purposes. They shall do this in the following manner:
On or before the last Tuesday in December in each year,
the corporate authorities shall ascertain the total amount of
appropriations legally made or budgeted for and any amount deemed
necessary to defray additional expenses and liabilities for all
corporate purposes to be provided for by the tax levy of that year.
Then, by an ordinance specifying in detail in the manner authorized for
the annual appropriation ordinance or budget of the municipality, the
purposes for which the appropriations, budgeting or such additional
amounts deemed necessary have been made and the amount assignable for
each purpose respectively, the corporate authorities shall levy upon all
property subject to taxation within the municipality as that property is
assessed and equalized for state and county purposes for the current
year.
A certified copy of this ordinance shall be filed with the county
clerk of the proper county. He shall ascertain the rate per cent which,
upon the value of all property subject to taxation within the
municipality, as that property is assessed or equalized by the
Department of Revenue, will produce a net amount of not
less than the total amount so directed to be levied. The county clerk
shall extend this tax in a separate column upon the books of the
collector of state and county taxes within the municipality.
However, in ascertaining the rate per cent in municipalities having a
population of 500,000 or more, the county clerk shall not add to the
amount of the tax so levied for any purpose any amount to cover the loss
and cost of collecting the tax, except in the case of amounts levied for
the payment of bonded indebtedness, or interest thereon, and in the case
of amounts levied for the purposes of pension funds.
Where the corporate limits of a municipality lie partly in 2 or more
counties, the corporate authorities shall ascertain the total amount of
all taxable property lying within the corporate limits of that
municipality in each county, as the property is assessed or
equalized by the Department of Revenue for the current year, and
shall certify the amount of taxable property in each county within that
municipality under the seal of the municipality, to the county clerk of
the county where the seat of government of the municipality is situated.
That county clerk shall ascertain the rate per cent which, upon the
total valuation of all property subject to taxation within that
municipality, ascertained as provided in this Section, will produce a
net amount not less than the total amount directed to be levied. As soon
as that rate per cent is ascertained, that clerk shall certify the rate
per cent under his signature and seal of office to the county clerk of each
other county wherein a portion of that municipality is situated. A
county clerk to whom a rate per cent is certified shall extend the tax
in a separate column upon the books of the collector of state and county
taxes for his county against all property in his county within the
limits of that municipality.
But in municipalities with 500,000 or more inhabitants, the aggregate
amount of taxes so levied exclusive of the amount levied for the payment
of bonded indebtedness, or interest thereon, and exclusive of taxes
levied for the payment of judgments, for which a special tax is
authorized by law, and exclusive of the amounts levied for the purposes
of pension funds, working cash fund, public library, the propagation and preservation of community
trees, and exclusive of taxes levied pursuant to Section 19 of the
Illinois Emergency Services and Disaster Agency Act of 1975 and for the
general assistance for needy persons lawfully resident therein, shall not
exceed the estimated amount of taxes to be levied for each year for the
purposes specified in Sections 8-2-2 through 8-2-5 and set forth in its
annual appropriation ordinance and in any supplemental appropriation
ordinance authorized by law for that year.
In municipalities with less than 500,000 inhabitants, the aggregate
amount of taxes so levied for any one year, exclusive of the amount
levied for the payment of bonded indebtedness, or interest thereon, and
exclusive of taxes levied pursuant to Section 13 of the Illinois Civil
Defense Act of 1951 and exclusive of taxes authorized by this Code or other
Acts which by their terms provide that those taxes shall be in addition to
taxes for general purposes authorized under this Section, shall not exceed
the rate of .25%, or the rate limit in effect on July 1, 1967, whichever is
greater, and on a permanent basis, upon the aggregate valuation of all
property within the municipality subject to taxation therein, as the
property is equalized or assessed by the Department of Revenue for the
current year. However, if the maximum rate of such municipality for general
corporate purposes is less than .20% on July 1, 1967, the corporate
authorities may, without referendum, increase such maximum rate not to
exceed .25%; but such maximum rate shall not be raised by more than 1/2 of
such increase in any one year.
However, if the corporate authorities of a municipality with less
than 500,000 inhabitants desire to levy in any one year more than .25%,
or the rate limit in effect on July 1, 1967, whichever is greater, and
on a permanent basis, but not more than .4375% for general corporate
purposes, exclusive of the amount levied for the payment of bonded
indebtedness, or interest thereon, and exclusive of taxes authorized by
this Code or other Acts which by their terms provide that those taxes
shall be in addition to taxes for general purposes authorized under this
Section the corporate authorities, by ordinance, stating the per cent
so desired, may order a proposition for the additional amount to be
submitted to the electors of that municipality at any election. The clerk
shall certify the proposition to the proper election authority who shall
submit the question to the electors at such election. If a majority of the
votes cast on the proposition are in favor of the proposition, the
corporate authorities of that municipality may levy annually for general
corporate purposes, exclusive of the amount levied for the payment of
bonded indebtedness, or interest thereon, and exclusive of taxes authorized
by this Code or other Acts which by their terms provide that those taxes
are in addition to taxes for general purposes authorized under this
Section a tax in excess of .25%, or the rate in effect on July 1, 1967,
whichever is greater, and on a permanent basis, but not exceeding the per
cent mentioned in the proposition.
Any municipality voting after August 1, 1969, to increase its rate
limitation for general corporate purposes under this Section shall
establish such increased rate limitation on an ongoing basis unless
otherwise changed by referendum.
In municipalities that are not home rule units, any funds on hand at the
end of the fiscal year, which funds are not pledged for or allocated to a
particular purpose, may by action of the corporate authorities be
transferred to the capital improvement fund and accumulated therein, but
the total amount accumulated in such fund may not exceed 3% of the
aggregate assessed valuation of all taxable property in the municipality.
(Source: P.A. 102-587, eff. 1-1-22.)
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(65 ILCS 5/8-3-1.1) (from Ch. 24, par. 8-3-1.1)
Sec. 8-3-1.1.
The corporate authorities of any municipality of less
than 500,000 inhabitants, by ordinance, may order the submission to
the electors of a proposition to accumulate a surplus from the tax levy
for general corporate purposes for a specified building project to be
undertaken by the municipality when such accumulation becomes sufficient
therefor. Such proposition shall be certified by the clerk to the proper
election authority who shall submit the question at an election in accordance
with the general election law. The proposition shall be in substantially the
following
form:
Shall the municipality of....... accumulate general YEScorporate funds for the purpose of building..........(here state building purpose)? NO
If a majority of the electors voting on the proposition vote in favor
thereof, the municipality may use a portion of the funds levied for
general corporate purposes, within the tax rate and to the extent
allowed by Section 8-3-1, for the purpose of accumulating funds for such
building project.
(Source: P.A. 81-1489.)
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(65 ILCS 5/8-3-2) (from Ch. 24, par. 8-3-2)
Sec. 8-3-2.
The taxes levied under Section 8-3-1 shall be collected and
enforced in the same manner and by the same officers as state and county
taxes, and shall be paid over by the officers collecting the tax to the
municipal treasurer, or, in the case of a tax levied for library purposes
in municipalities having not to exceed 50,000 inhabitants, to the board of
directors of the library.
(Source: Laws 1967, p. 2674.)
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(65 ILCS 5/8-3-3) (from Ch. 24, par. 8-3-3)
Sec. 8-3-3.
The officer collecting the taxes levied under Section 8-3-1
shall settle with and pay over to the municipal treasurer, or, in the case
of a tax levied for library purposes in municipalities having not to exceed
50,000 inhabitants, to the board of trustees of the library, as often as
once in 2 weeks from the time he commences the collection thereof, all
taxes he has then collected, till the whole tax collected is paid over. The
expenditures of taxes levied for library purposes, whether expended by the
municipal treasurer or by the board of library trustees shall be made
pursuant to the direction of the board of library trustees.
(Source: P.A. 84-770.)
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(65 ILCS 5/8-3-4) (from Ch. 24, par. 8-3-4)
Sec. 8-3-4.
Whenever a municipality is required to levy a tax for the
payment of a particular debt, appropriation, or liability of the
municipality, the tax for that purpose shall be included in the total
amount levied by the corporate authorities, and certified to the county
clerk as provided in Section 8-3-1. However, if a municipality has funds
arising from any source whatsoever, including allocations received or to be
received under the Motor Fuel Tax Law, as heretofore and hereafter
amended which may lawfully be used for the retirement of a particular
debt, appropriation or liability of the municipality, or the payment of the
next maturing installment thereof, then if the municipality by resolution
directs the application of such funds to the payment of the particular
debt, appropriation or liability or next maturing installment thereof, it
shall certify such resolution to the county clerk as provided in Section
8-3-1. The county clerk shall abate the levy for the payment of the
particular debt, appropriation or liability or the next maturing
installment thereof to the extent of the funds so certified as available
for such payment. The corporate authorities shall determine, in the
ordinance making that levy, what proportion of that total amount shall be
applied to the payment of the particular debt, appropriation or liability.
The municipal treasurer shall set apart that proportion of the tax,
collected and paid to him, for the payment of the particular debt,
appropriation or liability, and shall not disburse that proportion of the
tax for any other purpose until the debt, appropriation or liability has
been discharged.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-3-5) (from Ch. 24, par. 8-3-5)
Sec. 8-3-5.
All taxes levied by a municipality, except special assessments
for local improvements, shall be uniform upon all taxable property and
persons within the limits of the municipality, and no property shall be
exempt therefrom other than such property as may be exempt from taxation
under the constitution and general laws of the State.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-3-6) (from Ch. 24, par. 8-3-6)
Sec. 8-3-6.
Every municipality incorporated under a special act shall levy
and collect its taxes in the manner provided for in this Division 3 and in
the manner provided for in the General Revenue Law of this state, even
though its special act contains inconsistent provisions.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-3-7) (from Ch. 24, par. 8-3-7)
Sec. 8-3-7.
Every municipality incorporated under a special act has
the power to levy and collect annually its taxes for general purposes,
exclusive of the amounts levied (1) for the payment of bonded
indebtedness, or interest thereon, (2) for school purposes, (3) under
acts which provide that all taxes levied thereunder shall be in addition
to taxes authorized to be levied for general purposes, and (4) for the
purpose of providing general assistance for persons in need thereof as
provided in "The Illinois Public Aid Code", approved April 11, 1967, as
now or hereafter amended, at whichever of the following rates is higher:
(1) the rate specified in or allowed under its special act, or (2) a
rate which will not exceed 1% of the aggregate valuation of all property
within the municipality, subject to taxation therein, as the property
was equalized or assessed by the Department of Revenue
for the current year.
The foregoing limitations upon tax rates 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 5/8-3-7a) (from Ch. 24, par. 8-3-7a)
Sec. 8-3-7a.
(a) Whenever a petition containing the signatures of at
least 1,000 or 10% of the registered voters, whichever is less, residing
in a municipality of 500,000 or fewer inhabitants is presented to the corporate
authorities of the municipality requesting the submission of a proposition
to levy a tax at a rate not exceeding .075% upon the value, as equalized
or assessed by the Department
of Revenue, of all property within the municipality subject to taxation,
for the purpose of financing a public transportation system for elderly
persons and persons with disabilities, the corporate authorities of such municipality
shall adopt an ordinance or resolution directing the proper election officials
to place the proposition on the ballot at the next election at which such
proposition may be voted upon. The petition shall be filed with the corporate
authorities at least 90 days prior to the next election at which such proposition
may be voted upon. The petition may specify whether the transportation
system financed by a tax levy under this Section is to serve only the municipality
levying such tax or specified regions outside the corporate boundaries of
such municipality in addition thereto. The petition shall be in substantially
the following form:
We, the undersigned registered voters residing in ..... (specify the municipality),
in the County of ..... and State of Illinois, do hereby petition that the
corporate authorities of ....... (specify the municipality) be required
to place on the ballot the proposition requiring the municipality to levy an
annual tax at the rate of ...... (specify a rate not exceeding .075%) on
all taxable property in ....... (specify the municipality) for the purpose
of financing a public transportation system for elderly persons and persons with disabilities within ...... (specify the municipality and any regions outside
the corporate boundaries to be served by the transportation system).
Name......... Address...........State of Illinois) )ssCounty of... )
I ........, do hereby certify that I am a registered voter, that I reside
at No....... street, in the ...... of ......... County of ......... and
State of Illinois, and that signatures in this sheet were signed in my presence,
and are genuine, and that to the best of my knowledge and belief the persons
so signing were at the time of signing the petitions registered voters,
and that their respective residences are correctly stated, as above set forth.
...................
Subscribed and sworn to me this ........... day of .......... A.D....
The proposition shall be in substantially the following form:
Shall a tax of ...... % (specifya rate not exceeding .075%) be leviedannually on all taxable property in......(specify the municipality) to pay YESthe cost of operating and maintaininga public transportation system for -------------------elderly persons and persons with disabilities within........(specify the municipality NOand any regions outside the corporateboundaries to be served by thetransportation system)?
If the majority of the voters of the municipality voting therein vote
in favor of the proposition, the corporate authorities of the municipality
shall levy such annual tax at the rate specified in the proposition. If
the majority of the vote is against such proposition, such tax may not be levied.
(b) Municipalities under this Section may contract with any not-for-profit
corporation, subject to the General Not for Profit Corporation Act and incorporated
primarily for the purpose of providing transportation to elderly persons and persons with disabilities, for such corporation to provide transportation-related services
for the purposes of this Section. Municipalities should utilize where possible
existing facilities and systems already operating for the purposes outlined
in this Section.
(c) Taxes authorized under this Section may be used only for the purpose
of financing a transportation system for elderly persons and persons with disabilities
as authorized in this Section.
(d) For purposes of this Section, "persons with disabilities" means
any individuals who, by reason of illness, injury, age, congenital malfunction,
or other permanent or temporary disability, are unable without special public
transportation facilities or special planning or design to utilize ordinary
public transportation facilities and services as effectively as persons
who are not so affected.
"Public transportation for elderly persons and persons with disabilities" means a transportation
system for persons who have mental or physical difficulty in accessing or
using the conventional public mass transportation system, or for any
other reason.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/8-3-8) (from Ch. 24, par. 8-3-8)
Sec. 8-3-8.
Whenever any property listed or assessed for municipal taxation
is destroyed by fire, in whole or in part, before the levy thereon of
municipal taxes, or before the municipal taxes levied thereon have been
collected, the mayor or president may rebate or remit as much of the
municipal taxes levied upon that property, as in his opinion should be
rebated or remitted because the property has been, in whole or in part,
destroyed by fire.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-3-9) (from Ch. 24, par. 8-3-9)
Sec. 8-3-9.
Whenever (1) a large portion of the taxable property of a
municipality is destroyed by fire so as to seriously impair or affect the
ability of the owners thereof to pay taxes or special assessments thereon,
and (2) an appropriation ordinance has been passed, or special improvements
ordered, before the fire, and (3) the taxes or special assessments have not
been levied or collected, the corporate authorities of that municipality
may (1) alter or repeal that appropriation ordinance, or any part thereof,
(2) order the discontinuance of the special improvements, or any of them,
(3) reduce the amount of taxes or special assessments ordered to be levied
or collected for any general or special purpose, or (4) pass a new
appropriation ordinance. This new appropriation ordinance shall have the
same force and effect as if it had been passed within the time elsewhere
prescribed by law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-3-10) (from Ch. 24, par. 8-3-10)
Sec. 8-3-10.
No municipality shall receive from the county treasury of any
county in which the municipality is situated in whole or in part, any
greater proportion of the surplus of all taxes which may be collected for
county purposes, than any other municipality within the county.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-3-11) (from Ch. 24, par. 8-3-11)
Sec. 8-3-11.
No municipality shall receive from the county treasury any
greater drawback of its proportion of the taxes paid into the county
treasury of the county, in which it is situated in whole or in part, by
reason of any appropriation by the county board, for the purpose of making
and repairing roads and highways, or building and repairing bridges,
situated in the county but outside the corporate limits of the municipality
than is allowed by law to all other municipalities situated in whole or in
part in that county.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-3-12) (from Ch. 24, par. 8-3-12)
Sec. 8-3-12.
In any city having a population of less than 20,000 which is
operating under a special act and whose public schools within its corporate
limits are governed by virtue of this special act, upon a petition signed
by a majority of the electors in any territory which has been heretofore or
may be hereafter annexed to the city for general corporate purposes, the
annexed territory shall be included in and subject to the control and
government of the city for school purposes as fully as if the annexed
territory had been originally within the corporate limits of the city. The
territory, when so annexed, shall be thereby disconnected from any school
district of which it was a part prior to the annexation.
The city may levy and collect taxes for school purposes in the annexed
territory in the same manner and to the same extent as in the territory
comprised within the original corporate limits of the city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-3-13) (from Ch. 24, par. 8-3-13) Sec. 8-3-13. The corporate authorities of any municipality containing 500,000 or more inhabitants may impose a tax prior to July 1, 1969, upon all hotel operators in the municipality, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts from engaging in business as a hotel operator, excluding, however, from gross rental receipts, the proceeds of the renting, leasing or letting of hotel rooms to permanent residents of a hotel and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act. The tax imposed by a municipality under this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The certificate of registration that is issued by the Department to a lessor under the Hotel Operators' Occupation Tax Act shall permit the registrant to engage in a business that is taxable under any ordinance or resolution enacted under this Section without registering separately with the Department under the ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner provided in this Section; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in the Hotel Operators' Occupation Tax Act and the Uniform Penalty and Interest Act, as fully as if the provisions contained in those Acts were set forth herein. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the Illinois tourism tax fund. Persons subject to any tax imposed under authority granted by this Section may reimburse themselves for their tax liability for that tax by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax imposed under the Hotel Operators' Occupation Tax Act. The Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes and penalties collected hereunder. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from which lessors have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the municipality, less 4% of the balance, which sum shall be retained by the State Treasurer to cover the costs incurred by the Department in administering and enforcing the provisions of this Section, as provided herein. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the Comptroller the amount so retained by the State Treasurer, which shall be paid into the General Revenue Fund of the State Treasury. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities and the General Revenue Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the warrants to be drawn for the respective amounts in accordance with the directions contained in the certification. Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business that, under the Constitution of the United States, may not be made the subject of taxation by this State. An ordinance or resolution imposing a tax hereunder or effecting a change in the rate thereof shall be effective on the first day of the calendar month next following the expiration of the publication period provided in Section 1-2-4 in respect to municipalities governed by that Section. The corporate authorities of any municipality that levies a tax authorized by this Section shall transmit to the Department of Revenue on or not later than 5 days after the effective date of the ordinance or resolution a certified copy of the ordinance or resolution imposing the tax; whereupon, the Department of Revenue shall proceed to administer and enforce this Section on behalf of the municipality as of the effective date of the ordinance or resolution. Upon a change in rate of a tax levied hereunder, or upon the discontinuance of the tax, the corporate authorities of the municipality shall, on or not later than 5 days after the effective date of the ordinance or resolution discontinuing the tax or effecting a change in rate, transmit to the Department of Revenue a certified copy of the ordinance or resolution effecting the change or discontinuance. The amounts disbursed to any municipality under this Section shall be expended by the municipality solely to promote tourism, conventions and other special events within that municipality or otherwise to attract nonresidents to visit the municipality. Any municipality receiving and disbursing money under this Section shall report on or before the first Monday in January of each year to the Advisory Committee of the Illinois Tourism Promotion Fund, created by Section 12 of the Illinois Promotion Act. The reports shall specify the purposes for which the disbursements were made and shall contain detailed amounts of all receipts and disbursements under this Section. This Section may be cited as the Tourism, Conventions and Other Special Events Promotion Act of 1967.(Source: P.A. 103-592, eff. 7-1-24.) |
(65 ILCS 5/8-3-14) (from Ch. 24, par. 8-3-14)
Sec. 8-3-14. Municipal hotel operators' occupation tax. The corporate authorities of any municipality may impose a
tax upon all persons engaged in such municipality in the business of
renting, leasing or letting rooms in a hotel, as defined in "The Hotel
Operators' Occupation Tax Act," at a rate not to exceed 6% in the City of East Peoria and in the Village of Morton and 5% in all other municipalities of the gross
rental receipts from such renting, leasing or letting, excluding, however,
from gross rental receipts, the proceeds of such renting, leasing or
letting to permanent residents of that hotel and proceeds from the tax
imposed under subsection (c) of Section 13 of the Metropolitan Pier and
Exposition Authority Act, and may provide for the administration and
enforcement of the tax, and for the collection thereof from the persons
subject to the tax, as the corporate authorities determine to be necessary
or practicable for the effective administration of the tax. The municipality may not impose a tax under this Section if it imposes a tax under Section 8-3-14a.
Persons subject to any tax imposed pursuant to authority
granted by this Section may reimburse themselves for their tax
liability for such tax by separately stating such tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax imposed under "The Hotel
Operators' Occupation Tax Act".
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
Except as otherwise provided in this Division, the amounts collected by any municipality pursuant to this Section shall
be expended by the municipality solely to promote tourism and conventions
within that municipality or otherwise to attract nonresident overnight
visitors to the municipality.
No funds received pursuant to this Section shall be used to advertise for
or otherwise promote new competition in the hotel business.
(Source: P.A. 101-204, eff. 8-2-19.)
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(65 ILCS 5/8-3-14a) Sec. 8-3-14a. Municipal hotel use tax. (a) The corporate authorities of any municipality may impose a
tax upon the privilege of renting or leasing rooms in a hotel within the municipality at a rate not to exceed 5% of the rental or lease payment. The corporate authorities may provide for the administration and
enforcement of the tax and for the collection thereof from the persons
subject to the tax, as the corporate authorities determine to be necessary
or practical for the effective administration of the tax. (b) Each hotel in the municipality shall collect the tax from the person making the rental or lease payment at the time that the payment is tendered to the hotel. The hotel shall, as trustee, remit the tax to the municipality. (c) The tax authorized under this Section does not apply to any rental or lease payment by a permanent resident of that hotel or to any payment made to any hotel that is subject to the tax
imposed under subsection (c) of Section 13 of the Metropolitan Pier and
Exposition Authority Act. A municipality may not impose a tax under this Section if it imposes a tax under Section 8-3-14. Nothing in this Section may be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business that under the Constitution of the United States
may not be made the subject of taxation by this State. (d) Except as otherwise provided in this Division, the moneys collected by a municipality under this Section may
be expended solely to promote tourism and conventions
within that municipality or otherwise to attract nonresident overnight
visitors to the municipality. No moneys received under this Section may be used to advertise for
or otherwise promote new competition in the hotel business. (e) As used in this Section, "hotel" has the meaning set forth in Section 2 of the Hotel
Operators' Occupation Tax Act.
(Source: P.A. 101-204, eff. 8-2-19.) |
(65 ILCS 5/8-3-14b) (Section scheduled to be repealed on January 1, 2027) Sec. 8-3-14b. Municipal hotel operators' tax in DuPage County. For any municipality located within DuPage County that belongs to a not-for-profit organization headquartered in DuPage County that is recognized by the Department of Commerce and Economic Opportunity as a certified local tourism and convention bureau entitled to receive State tourism grant funds, not less than 75% of the amounts collected pursuant to Section 8-3-14 shall be expended by the municipality to promote tourism and conventions within that municipality or otherwise to attract nonresident overnight visitors to the municipality, and the remainder of the amounts collected by a municipality within DuPage County pursuant to Section 8-3-14 may be expended by the municipality for economic development or capital infrastructure. This Section is repealed on January 1, 2027. (Source: P.A. 102-699, eff. 4-19-22; 103-601, eff. 7-1-24.) |
(65 ILCS 5/8-3-14c) (Section scheduled to be repealed on January 1, 2027) Sec. 8-3-14c. Municipal hotel use tax in DuPage County. For any municipality located within DuPage County that belongs to a not-for-profit organization headquartered in DuPage County that is recognized by the Department of Commerce and Economic Opportunity as a certified local tourism and convention bureau entitled to receive State tourism grant funds, not less than 75% of the amounts collected pursuant to Section 8-3-14a shall be expended by the municipality to promote tourism and conventions within that municipality or otherwise to attract nonresident overnight visitors to the municipality, and the remainder of the amounts collected by a municipality within DuPage County pursuant to Section 8-3-14a may be expended by the municipality for economic development or capital infrastructure. This Section is repealed on January 1, 2027.(Source: P.A. 102-699, eff. 4-19-22; 103-601, eff. 7-1-24.) |
(65 ILCS 5/8-3-15) (from Ch. 24, par. 8-3-15)
Sec. 8-3-15.
The corporate authorities of each municipality shall have
all powers necessary to enforce the collection of any tax imposed and collected
by such municipality, whether such tax was imposed pursuant to its home
rule powers or statutory authorization, including but not limited to subpoena
power and the power to create and enforce liens. No such lien shall affect
the rights of bona fide purchasers, mortgagees, judgment creditors or other
lienholders who acquire their interests in such property prior to the time
a notice of such lien is placed on record in the office of the recorder or
the registrar of titles of the county in which the property is located.
However, nothing in this Section shall permit a municipality to place a
lien upon property not located or found within its corporate boundaries. A
municipality creating a lien may provide that the procedures for its notice
and enforcement shall be the same as that provided in the Retailers'
Occupation Tax Act, as that Act existed prior to the adoption of the State Tax Lien Registration Act, for State tax liens, and
any recorder or registrar of titles with whom a notice of such lien is
filed shall treat such lien as a State tax lien for recording purposes.
(Source: P.A. 100-22, eff. 1-1-18.)
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(65 ILCS 5/8-3-16) (from Ch. 24, par. 8-3-16)
Sec. 8-3-16.
The corporate authorities of any municipality may annually
levy, for emergency services and disaster operations as defined in the
Illinois Emergency Management Agency Act, a tax not
to exceed 0.05% of the full fair cash value, as equalized or assessed by
the Department of Revenue, of all of the taxable property in the municipality
for the current year. However, the amount collectible under a levy
shall in no event exceed 25¢ per capita. The annual tax shall be in addition
to the amount authorized to be levied for general corporate purposes.
(Source: P.A. 87-168.)
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(65 ILCS 5/8-3-17) (from Ch. 24, par. 8-3-17)
Sec. 8-3-17.
The corporate authorities of a municipality may not
impose a tax on any tuition or fees received by a public or private
post-secondary educational institution or on any student with respect to
his or her being enrolled in such an institution. This Section is a denial
and limitation under subsection (g) of Section 6 of Article VII of the
Illinois Constitution of the power of a home rule municipality to impose a
tax in violation of this Section.
(Source: P.A. 86-1476.)
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(65 ILCS 5/8-3-18)
Sec. 8-3-18.
A municipality, upon a majority vote of its governing
authority, may abate taxes levied for corporate purposes under Section 8-3-1 in
an
amount not to exceed 50% of the donation by a taxpayer who donates not less
than $10,000 to a qualified program. The abatement shall not exceed the tax
extension on the taxpayer's real property for the levy year in which the
donation is made.
For purposes of this Section, "qualified program" means a facility or a
program in an area designated as a target area by the governing authority
of the municipality for the creation or expansion of job training and
counseling programs, youth day care centers, congregate housing programs
for senior adults, youth recreation programs, alcohol and drug abuse
prevention, mental health counseling programs, domestic violence shelters,
and other programs, facilities or services approved by the governing
authority as qualified programs in a target area.
(Source: P.A. 88-389.)
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(65 ILCS 5/8-3-19)
Sec. 8-3-19. Home rule real estate transfer taxes.
(a) After the effective date of this amendatory Act of the 93rd General
Assembly and subject
to this Section, a home rule
municipality may impose or increase a tax or other fee on the privilege of
transferring title to real estate, on the privilege of transferring a beneficial interest
in real property, and on the
privilege of
transferring a controlling interest in a real estate entity, as the terms
"beneficial interest", "controlling interest", and "real estate entity" are
defined in Article 31 of
the Property Tax Code. Such a tax or other fee shall hereafter be referred to as a
real estate transfer tax.
(b) Before adopting a resolution
to submit the question of imposing or
increasing a real estate transfer tax to referendum,
the corporate authorities shall give public notice of and hold a public
hearing on the intent to
submit the question to referendum. This hearing may be part of a regularly
scheduled meeting of the corporate authorities. The
notice shall be published not more than 30 nor less than 10
days prior to the hearing in a newspaper of general circulation within the
municipality. The notice shall be published in the following form:
Notice of Proposed (Increased) Real Estate Transfer | ||
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A public hearing on a resolution to submit to | ||
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Any person desiring to appear at the public hearing | ||
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(c) A notice that includes any information not specified and required by
this Section is an invalid notice. All hearings shall be open to the
public. At the public hearing, the corporate authorities of the
municipality shall explain the
reasons for the proposed or increased real estate transfer tax and shall permit
persons
desiring to be heard an opportunity to present testimony within reasonable
time limits determined by the corporate authorities. A copy of the proposed
ordinance shall be made
available to the general public for
inspection before the public hearing.
(d) Except as provided in subsection (i), no
home rule municipality shall impose a new real estate transfer tax
after the
effective date of this amendatory Act of 1996 without prior approval by
referendum. Except as provided in subsection (i), no
home rule
municipality shall impose an increase of the rate of a current real estate
transfer tax without prior approval by referendum. A home rule municipality
may impose a new real estate transfer tax or may increase an existing real
estate transfer tax with prior referendum
approval. The referendum shall be
conducted as provided in subsection (e).
An existing ordinance or resolution imposing a real estate transfer tax may
be amended without approval by referendum if the amendment does not increase
the rate of the tax or add transactions on which the tax is imposed.
(e) The home rule municipality shall, by resolution, provide for submission
of the proposition to the voters. The home rule municipality shall certify
the resolution and the proposition to the proper election officials in
accordance with the general election law. If the proposition is to impose
a new real estate transfer tax, it shall be in substantially the following
form: "Shall
(name of municipality) impose a real estate transfer tax at a rate of
(rate) to be paid by the buyer (seller) of the real estate transferred, with
the revenue of the proposed transfer tax to be used for (purpose)?". If
the proposition is to increase an existing real estate transfer tax, it shall
be in
the following form: "Shall (name of municipality) impose a real estate
transfer tax increase of (percent increase) to establish a new
transfer tax rate of (rate) to be paid by the buyer (seller) of the real
estate transferred? The current rate of the real estate transfer tax is
(rate), and the revenue is
used for (purpose). The revenue from the increase is to be used for
(purpose).".
If a majority of the electors voting on the proposition vote in favor of
it, the municipality may impose or increase the municipal real estate transfer
tax or fee.
(f) Nothing in this amendatory Act of 1996 shall limit the purposes for
which real estate transfer tax revenues may be collected or expended.
(g) A home rule municipality may not impose real estate
transfer taxes other than as
authorized by this Section. This Section is a denial and limitation of home
rule powers and functions under subsection (g) of Section 6 of Article VII
of the Illinois Constitution.
(h) Notwithstanding subsection (g) of this Section, any real estate
transfer taxes adopted
by a municipality at any time prior to January 17, 1997 (the effective date of
Public Act 89-701)
and any amendments to any existing real estate transfer tax ordinance adopted
after that date, in accordance with the law in effect at the time of the
adoption of the amendments,
are not preempted by this amendatory
Act of the 93rd General Assembly.
(i) Within 6 months after the effective date of this amendatory Act of the 95th General Assembly, by ordinance adopted without a referendum, a home rule municipality with a population in excess of 1,000,000 may increase the rate of an existing real estate transfer tax by a rate of up to $1.50 for each $500 of value or fraction thereof, or in the alternative may impose a real estate transfer tax at a rate of up to $1.50 for each $500 of value or fraction thereof, which may be on the buyer or seller of real estate, or jointly and severally on both, for the sole purpose of providing financial assistance to the Chicago Transit Authority. All amounts collected under such supplemental tax, after fees for costs of collection, shall be provided to the Chicago Transit Authority pursuant to an intergovernmental agreement as promptly as practicable upon their receipt. Such municipality shall file a copy of any ordinance imposing or increasing such tax with the Illinois Department of Revenue and shall file a report with the Department each month certifying the amount paid to the Chicago Transit Authority in the previous month from the proceeds of such tax.
(Source: P.A. 95-708, eff. 1-18-08.)
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(65 ILCS 5/Art. 8 Div. 4 heading) DIVISION 4.
ISSUANCE OF BONDS
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(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1) Sec. 8-4-1. No bonds shall be issued by the corporate authorities of any municipality until the question of authorizing such bonds has been submitted to the electors of that municipality provided that notice of the bond referendum, if held before July 1, 1999, has been given in accordance with the provisions of Section 12-5 of the Election Code in effect at the time of the bond referendum, at least 10 and not more than 45 days before the date of the election, notwithstanding the time for publication otherwise imposed by Section 12-5, and approved by a majority of the electors voting upon that question. Notices required in connection with the submission of public questions on or after July 1, 1999 shall be as set forth in Section 12-5 of the Election Code. The clerk shall certify the proposition of the corporate authorities to the proper election authority who shall submit the question at an election in accordance with the general election law, subject to the notice provisions set forth in this Section. Notice of any such election shall contain the amount of the bond issue, purpose for which issued, and maximum rate of interest. In addition to all other authority to issue bonds, the Village of Indian Head Park is authorized to issue bonds for the purpose of paying the costs of making roadway improvements in an amount not to exceed the aggregate principal amount of $2,500,000, provided that 60% of the votes cast at the general primary election held on March 18, 2014 are cast in favor of the issuance of the bonds, and the bonds are issued by December 31, 2014. However, without the submission of the question of issuing bonds to the electors, the corporate authorities of any municipality may authorize the issuance of any of the following bonds: (1) Bonds to refund any existing bonded indebtedness; (2) Bonds to fund or refund any existing judgment | ||
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(3) In any municipality of less than 500,000 | ||
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(4) Bonds issued by any municipality under Sections | ||
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(5) Bonds issued by the board of education of any | ||
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(6) Bonds issued by any municipality under the | ||
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(7) Bonds to pay for the purchase of voting machines | ||
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(8) Bonds issued by any municipality under Sections | ||
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(9) Bonds issued by the corporate authorities of any | ||
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(10) Bonds issued under Section 8-4-26 of this | ||
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(11) Bonds issued under the provisions of the Special | ||
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(12) Bonds issued under Section 8-5-16 of this Code; (13) Bonds to finance the cost of the acquisition, | ||
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(14) Bonds issued by any municipality pursuant to | ||
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(15) Bonds issued under Sections 11-74.6-1 through | ||
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(16) Bonds issued under the Innovation Development | ||
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(Source: P.A. 102-587, eff. 1-1-22; 103-605, eff. 7-1-24.) |
(65 ILCS 5/8-4-2) (from Ch. 24, par. 8-4-2)
Sec. 8-4-2.
Such question shall be in substantially the following form:
Shall bonds in the amount of $....... be issued by the city (or YES village or incorporated town as the case may be) of .... for the purpose of ............ (state purpose), bearing interest at the NO rate of not to exceed ....%?
(Source: P.A. 81-1489.)
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(65 ILCS 5/8-4-3) (from Ch. 24, par. 8-4-3)
Sec. 8-4-3.
The corporate authorities of any municipality, without
submitting the question to the electors thereof for approval, may authorize
by ordinance the issuance of refunding bonds (1) to refund its bonds prior
to their maturity; (2) to refund its unpaid matured bonds; (3) to refund
matured coupons evidencing interest upon its unpaid bonds; (4) to refund
interest at the coupon rate upon its unpaid matured bonds that has accrued
since the maturity of these bonds; and (5) to refund its bonds which by
their terms are subject to redemption before maturity.
The refunding bonds may be made registerable as to principal and may
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
payable at such time and place as may be provided in the bond ordinance.
The refunding bonds shall remain valid even though one or more of the
officers executing the bonds cease to hold his or their offices before the
bonds are delivered.
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 5/8-4-4) (from Ch. 24, par. 8-4-4)
Sec. 8-4-4.
The ordinance authorizing the refunding bonds shall prescribe
all details thereof and shall provide for the levy and collection of a
direct annual tax upon all the taxable property within the municipality
sufficient to pay the principal thereof and interest thereon as it matures.
This tax shall be in addition to and exclusive of the maximum of all other
taxes authorized to be levied by the municipality. Tax limitations
applicable to the municipality provided by this Code or by other Illinois
statutes shall not apply to taxes levied for payment of these refunding
bonds.
A certified copy of the bond ordinance shall be filed with the county
clerk of the county in which the municipality or any portion thereof is
situated, and shall constitute the authority for the extension and
collection of refunding bond and interest taxes as required by the
constitution.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-5) (from Ch. 24, par. 8-4-5)
Sec. 8-4-5.
The refunding bonds may be exchanged for the bonds to be
refunded on the basis of dollar for dollar for the par value of the bonds,
interest coupons, and interest not represented by coupons, if any. Instead
of this exchange, the refunding bonds may be sold at not less than their
par value and accrued interest. The proceeds received from their sale shall
be used to pay the bonds, interest coupons, and interest not represented by
coupons, if any. This payment may be made without any prior appropriation
therefor under Section 8-2-1 or 8-2-9.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-6) (from Ch. 24, par. 8-4-6)
Sec. 8-4-6.
The refunding bonds shall be of such form and denomination,
payable at such place, bear such date, and be executed by such officials as
may be provided by the corporate authorities of the municipality in the
bond ordinance. They shall mature within not to exceed 20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest after notice has been given at the time and in the manner
provided in the bond ordinance.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and if after setting aside a sum of money equal to the
amount of interest that will accrue on the refunding bonds, and a sum of
money equal to the amount of principal that will become due thereon, within
the next 6 months period, the treasurer and comptroller, if there is a
comptroller, of the municipality shall use the money available from the
proceeds of taxes levied for the payment of the refunding bonds in calling
them for payment, if, by their terms, they are subject to redemption.
However, a municipality may provide in the bond ordinance that, whenever
the municipality is not in default in payment of the principal of or
interest upon the refunding bonds and has set aside the sums of money
provided in this paragraph for interest accruing and principal maturing
within the next 6 months period, the money available from the proceeds of
taxes levied for the payment of refunding bonds shall be used, first, in
the purchase of the refunding bonds at the lowest price obtainable, but not
to exceed their par value and accrued interest, after sealed tenders for
their purchase have been advertised for as may be directed by the corporate
authorities thereof.
Refunding bonds called for payment and paid or purchased under this
section shall be marked paid and cancelled.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-7) (from Ch. 24, par. 8-4-7)
Sec. 8-4-7.
Whenever any refunding bonds are purchased or redeemed and
cancelled, as provided in Section 8-4-6, the taxes thereafter to be
extended for payment of the principal of and the interest on the remainder
of the issue shall be reduced in an amount equal to the principal of and
the interest that would have thereafter accrued upon the refunding bonds so
cancelled. A resolution shall be adopted by the corporate authorities of
the municipality finding these facts. A certified copy of this resolution
shall be filed with the county clerk specified in Section 8-4-4. Whereupon
the county clerk shall reduce and extend such tax levies in accordance
therewith.
Whenever refunding bonds are issued, proper reduction of taxes,
theretofore levied for the payment of the bonds refunded and next to be
extended for collection, shall be made by the county clerk upon receipt of
a certificate signed by the treasurer and the comptroller, if there is a
comptroller, of the municipality, showing the bonds refunded and the tax to
be abated.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-8) (from Ch. 24, par. 8-4-8)
Sec. 8-4-8.
Money which becomes available from taxes that were levied for
prior years for payment of bonds or interest coupons that were paid or
refunded before these taxes were collected, after payment of all warrants
that may have been issued in anticipation of these taxes, shall be placed
in the sinking fund account provided in this section. It shall be used to
purchase, call for payment, or to pay at maturity refunding bonds and
interest thereon as provided in Sections 8-4-3 through 8-4-9.
Money received from the proceeds of taxes levied for the payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the municipality. It shall be designated as the "Refunding
Bond and Interest Sinking Fund Account of ....." This fund shall be
faithfully applied to the purchase or payment of refunding bonds and the
interest thereon as provided in Sections 8-4-3 through 8-4-9.
If the money in this fund is not immediately necessary for the payment
or redemption of refunding bonds or if refunding bonds can not be purchased
before maturity, then, under the direction of the corporate authorities of
the municipality, the money may be invested by the treasurer and the
comptroller, if there is a comptroller, of the municipality, in bonds or
other interest bearing obligations of the United States or in bonds of the
State of Illinois or in general obligation bonds of the issuing
municipality.
The maturity date of the securities in which this money is invested
shall be prior to the due date of any issue of refunding bonds of the
investing municipality. The corporate authorities may sell these securities
whenever necessary to obtain cash to meet bond and interest payments.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-9) (from Ch. 24, par. 8-4-9)
Sec. 8-4-9.
The corporate authorities of a municipality may take any action
that may be necessary to inform the owners of unpaid bonds regarding the
financial condition of the municipality, the necessity of refunding its
unpaid bonds and readjusting the maturities thereof in order that
sufficient taxes may be collected to take care of these bonds, and thus
re-establish the credit of the municipality. The corporate authorities may
enter into any agreement required to prepare and carry out any refunding
plan and, without any previous appropriation therefor under Section 8-2-1
or 8-2-9, may incur and pay expenditures that may be necessary in order to
accomplish the refunding of the bonds of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-10) (from Ch. 24, par. 8-4-10)
Sec. 8-4-10.
Sections 8-4-3 through 8-4-10 apply to all municipalities,
whether incorporated under a general or a special act, and shall constitute
complete authority for issuing refunding bonds without reference to other
laws, and shall be construed as conferring powers in addition to, but not
as limiting powers granted under other laws or under any other provisions
of this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-11) (from Ch. 24, par. 8-4-11)
Sec. 8-4-11.
In every municipality there shall be a sinking fund
commission, composed of the mayor or president, as the case may be, the
chairman of the finance committee, and the comptroller, or if there is no
comptroller, the municipal clerk.
Sections 8-4-11 and 8-4-12 shall not be applicable to the refunding bond
and interest sinking fund account provided for in Section 8-4-8.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-12) (from Ch. 24, par. 8-4-12)
Sec. 8-4-12.
Whenever there is a sum in the municipality's sinking fund in
excess of the amount required for the payment of the municipality's bonded
indebtedness maturing in that, or the succeeding, fiscal year, and the
interest due in that period, the sinking fund commission may use this
excess in the purchase of unpaid bonds for the payment of which, at
maturity, the sinking fund was or shall be created, paying therefor no more
than the market price. When such bonds are so purchased, they shall be
cancelled, and thereafter no taxes for the payment of those bonds or the
interest thereon shall be levied. The money in a municipality's sinking
fund may be applied to the payment of such bonds without any further
appropriation by the municipality than is made under this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-13) (from Ch. 24, par. 8-4-13)
Sec. 8-4-13.
Every municipality incorporated by and operating under a
special charter may borrow money upon the credit of the municipality for
lawful corporate purposes, including the funding and refunding of any
judgment indebtedness heretofore or hereafter incurred, and may issue its
negotiable coupon bonds therefor in such form, of such denomination,
payable at such place and at such time or times, not exceeding 20 years
from their date, as the corporate authorities of the municipality may
prescribe by ordinance.
Every such municipality, prior to or at the time of issuing its bonds
under this section, shall provide for the collection of a direct annual tax
upon all of the taxable property of the municipality, which, in addition to
all other taxes, shall be sufficient to pay the interest on the bonds as it
falls due and also to pay the principal of the bonds within 20 years from
their date.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-14) (from Ch. 24, par. 8-4-14)
Sec. 8-4-14.
Without submitting the question to the legal voters thereof
for approval the corporate authorities of any municipality having a
population of less than 500,000 may by ordinance authorize the issue of
refunding revenue bonds, payable solely from the revenues of a
municipally-owned water utility, combined water and sewer utility, sewer
utility, gas utility, swimming pool or airport, to refund the principal or
accrued interest, or both, of its outstanding revenue bonds, revenue
certificates of indebtedness or revenue notes, prior to their maturity, and
the principal and accrued interest of its matured outstanding revenue
bonds, revenue certificates of indebtedness or revenue notes issued under
the provisions of any law of this State, and which by their terms are
payable solely from the revenues of a municipally-owned water utility,
combined water and sewer utility, sewer utility, gas utility, swimming pool
or airport. The refunding revenue bonds may be made registerable as to
principal and bear interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable at such time or at
such place as may be provided for in the ordinance authorizing the issue
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.
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 5/8-4-15) (from Ch. 24, par. 8-4-15)
Sec. 8-4-15.
The ordinance authorizing such refunding revenue bonds shall
prescribe all the details thereof and the bonds shall be in such form and
denomination, payable at such places, bear such date and be executed by
such officials as may be provided in the bond ordinance. The ordinance also
shall determine the period of usefulness of the utility. The refunding
revenue bonds shall mature within the determined period of usefulness of
the utility and shall mature, in any event, within not to exceed 40 years
from their date, and may be made callable on any interest payment date at a
price of par and accrued interest, after notice shall be given by
publication or otherwise at any time or times and in the manner as may be
provided for in the bond ordinance.
The ordinance may contain such covenants and restrictions upon the
issuance of additional refunding revenue bonds, or revenue bonds for the
improvement and extension of such utility or facility as may be deemed
necessary or advisable for the assurance of the payment of the refunding
revenue bonds thereby authorized. Such bonds shall be payable solely from
the revenues derived from such municipally-owned utility or facility and
such bonds shall not, in any event, constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation, and it shall be plainly stated on the face of each bond that it
does not constitute an indebtedness of the municipality within the meaning
of any constitutional or statutory provision or
limitation.
The validity of any refunding revenue bonds shall remain unimpaired,
although one or more of the officials executing the same shall cease to be
such officer or officers before delivery thereof, and such bonds shall have
all the qualities of negotiable instruments under the Law Merchant and
Article 3 of the Uniform Commercial Code.
(Source: P.A. 90-655, eff. 7-30-98.)
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(65 ILCS 5/8-4-16) (from Ch. 24, par. 8-4-16)
Sec. 8-4-16.
If any revenue securities which are refunded are secured by an
indenture of mortgage or deed of trust, such indenture of mortgage or deed
of trust shall be properly released of record.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-17) (from Ch. 24, par. 8-4-17)
Sec. 8-4-17.
Whenever refunding revenue bonds are issued under this
Division 4, sufficient revenues received from the operation of the
municipally-owned utility or facility shall be set aside as collected and
be deposited in a separate fund, which shall be used only in paying the
cost of operation and maintenance of the utility or facility, providing an
adequate depreciation fund, and paying the principal of and interest upon
the revenue bonds issued that are payable by their terms only from such
revenues.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-18) (from Ch. 24, par. 8-4-18)
Sec. 8-4-18.
Rates charged for service and the use of the utility or
facility shall be sufficient at all times to pay the cost of operation and
maintenance, provide an adequate depreciation fund and pay the principal of
and interest upon all revenue bonds which by their terms are payable solely
from the revenues derived from the operation of the utility or facility.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-19) (from Ch. 24, par. 8-4-19)
Sec. 8-4-19.
Any holder of a bond or bonds, or of any of the coupons of any
bond or bonds of a municipality issued under Sections 8-4-14 through
8-4-23, may in any civil action, mandamus, injunction or other proceeding,
enforce and
compel performance of all duties required by this Division 4, including the
maintaining and collecting of sufficient rates for that purpose and the
application of income and revenue thereof.
(Source: P.A. 83-345.)
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(65 ILCS 5/8-4-20) (from Ch. 24, par. 8-4-20)
Sec. 8-4-20.
After the ordinance providing for the issuance of the
refunding revenue bonds has been passed, it shall be published at least
once within 10 days after its passage 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 ordinance shall not become
effective until 10 days after its publication.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-21) (from Ch. 24, par. 8-4-21)
Sec. 8-4-21.
Such refunding revenue bonds may be exchanged on a basis of
par for the securities to be refunded, or such bonds may be sold at not
less than their par value and accrued interest and the proceeds received
shall be used to pay the securities which are to be refunded thereby.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-22) (from Ch. 24, par. 8-4-22)
Sec. 8-4-22.
The corporate authorities of any such municipality are
authorized to take any action that may be necessary to inform owners of
outstanding securities regarding the financial condition of the fund out of
which the securities are payable and the necessity of refunding the same
and readjusting the maturities thereof and the corporate authorities may
enter into any agreements required to prepare and carry out any refunding
plan, and without previous appropriation therefor under any law may incur
and pay expenditures that may be necessary in order to accomplish the
refunding of such securities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-23) (from Ch. 24, par. 8-4-23)
Sec. 8-4-23.
Sections 8-4-14 through 8-4-23 constitute complete authority
for the issue of refunding revenue bonds as herein provided without
reference to any other laws or provisions of this Code and shall be
construed as conferring power in addition to but not in limitation of the
powers granted under any other existing laws or provisions of this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-4-24) (from Ch. 24, par. 8-4-24)
Sec. 8-4-24.
Whenever bonds have been issued by any municipality for
the purpose of constructing an incinerator, and the corporate
authorities decide that such project is not feasible and substitute a
different method of refuse disposal, they may adopt an ordinance ordering
the submission to the electors of a proposition to use the
proceeds of such bond issue, or any balance thereof, for some other
specified municipal purpose. The clerk shall certify such question to the
proper election authority who shall submit the proposition at an election
in accordance with the general election law.
(Source: P.A. 81-1489.)
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(65 ILCS 5/8-4-25) (from Ch. 24, par. 8-4-25)
Sec. 8-4-25.
Subject to the requirements of the Bond Issue Notification
Act, any municipality is authorized to issue from time to time
full faith and credit general obligation notes in an amount not to exceed
85% of the specific taxes levied for the year during which and for which
such notes are issued, provided no notes shall be issued in lieu of tax
warrants for any tax at any time there are outstanding tax anticipation
warrants against the specific taxes levied for the year. Such notes shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, if issued before January 1, 1972 and not more than the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, if issued after January 1, 1972 and shall
mature within two years from date. The first interest payment date on any
such notes shall not be earlier than the delinquency date of the first
installment of taxes levied to pay interest and principal of such notes.
Notes may be issued for taxes levied for the following purposes:
(a) Corporate.
(b) For the payment of judgments.
(c) Public Library for Maintenance and Operation.
(d) Public Library for Buildings and Sites.
(e) (Blank).
(f) Relief (General Assistance).
In order to authorize and issue such notes, the corporate authorities
shall adopt an ordinance fixing the amount of the notes, the date
thereof, the maturity, rate of interest, place of payment and
denomination, which shall be in equal multiples of $1,000, and provide
for the levy and collection of a direct annual tax upon all the taxable
property in the municipality sufficient to pay the principal of and
interest on such notes as the same becomes due.
A certified copy of the ordinance authorizing the issuance of the
notes shall be filed in the office of the County Clerk of the county in
which the municipality is located, or if the municipality lies partly
within two or more counties, a certified copy of the ordinance
authorizing such notes shall be filed with the County Clerk of each of
the respective counties, and it shall be the duty of the County Clerk,
or County Clerks, whichever the case may be, to extend the tax therefor
in addition to and in excess of all other taxes heretofore or hereafter
authorized to be levied by such municipality.
From and after any such notes have been issued and while such notes
are outstanding, it shall be the duty of the County Clerk or County
Clerks, whichever the case may be, in computing the tax rate for the
purpose for which the notes have been issued to reduce the tax rate
levied for such purpose by the amount levied to pay the principal of and
interest on the notes to maturity, provided the tax rate shall not be
reduced beyond the amount necessary to reimburse any money borrowed from
the working cash fund, and it shall be the duty of the Clerk of the
municipality annually, not less than thirty (30) days prior to the tax
extension date, to certify to the County Clerk, or County Clerks,
whichever the case may be, the amount of money borrowed from the working
cash fund to be reimbursed from the specific tax levy.
No reimbursement shall be made to the working cash fund until there
has been accumulated from the tax levy provided for the notes an amount
sufficient to pay the principal of and interest on such notes as the
same become due.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989 (the effective date of Public Act 86-4), 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.
(Source: P.A. 102-587, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(65 ILCS 5/8-4-26) (from Ch. 24, par. 8-4-26)
Sec. 8-4-26.
Subject to the requirements of the Bond Issue Notification
Act, the corporate authorities of any municipality having a board of election
commissioners may issue bonds, in such amounts as may be required for the
purpose of acquiring voting machines or electronic voting systems as
required by Sections 24-1.1 and 24A-3 of The Election Code and may levy a
direct annual tax upon all taxable property in the municipality for the
purpose of paying the principal of and interest on such bonds. The
ordinance authorizing the issuance of such bonds shall specify the total
amount of bonds to be issued, the form and denomination of the bonds, the
date they are to bear, the place where they are payable, the date or dates
of maturity, which shall not be more than 10 years from the date of
issuance, the rate of interest, and the dates on which interest is payable.
Such ordinance shall prescribe all the details of the bonds and shall
provide for the levy and collection of a direct annual tax upon all taxable
property in the municipality sufficient to pay the principal of the bonds
at maturity and the interest thereon as it falls due. Such tax is in
addition to taxes for general corporate purposes and is not included in any
statutory tax rate limitation.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/8-4-27) (Section scheduled to be repealed on January 1, 2025) Sec. 8-4-27. Municipal Water and Wastewater Funding Study Committee. (a) The Municipal Water and Wastewater Funding Study Committee is established. (b) The Committee shall be comprised of the following members, and the appointed members of the Committee shall be appointed to the Committee no later than 30 days after May 13, 2022 (the effective date of Public Act 102-865): (1) The Governor, or his or her designee, who shall | ||
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(2) The Director of the Illinois Environmental | ||
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(3) The Executive Director of the Illinois Finance | ||
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(4) One member appointed by the President of the | ||
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(5) One member appointed by the Minority Leader of | ||
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(6) One member appointed by the Speaker of the House | ||
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(7) One member appointed by the Minority Leader of | ||
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(8) Members appointed by the Director of the Illinois | ||
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(A) one member who is a representative of a | ||
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(B) one member who is a representative of a | ||
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(C) one member who is a representative of a | ||
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(D) one member who is a representative of a | ||
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(E) one member who is a representative of a | ||
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The Committee shall meet at the call of the chair. Committee members shall serve without compensation. If a vacancy occurs in the Committee membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the Committee. (c) The Committee shall study and make recommendations concerning any needed modifications to Illinois Environmental Protection Agency and Illinois Pollution Control Board regulations and policies as they relate to municipal water and wastewater funding to ensure that the State's revolving loan fund programs account for and prioritize the following principles, to the fullest extent allowed by federal law: (1) A community shall not be deemed ineligible for | ||
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(2) In determining whether a community is | ||
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(3) In determining whether a community is eligible | ||
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(4) In determining how funding is allocated, a | ||
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(5) The funding programs should promote formation and | ||
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(6) Targeted funding should be provided for | ||
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(7) In determining eligibility for assistance, the | ||
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(8) Any recommendations for changes to the programs | ||
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(d) The Committee shall prepare a report that summarizes its work and makes recommendations resulting from its study. The Committee shall submit the report of its findings and recommendations to the Governor and the General Assembly no later than March 1, 2024. Once the Committee has submitted the report to the General Assembly and Governor, the Committee is dissolved. (e) This Section is repealed on January 1, 2025.
(Source: P.A. 102-865, eff. 5-13-22; 103-154, eff. 6-30-23; 103-316, eff. 7-28-23.) |
(65 ILCS 5/Art. 8 Div. 4.1 heading) DIVISION 4.1.
MUNICIPAL BOND REFORM ACT
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(65 ILCS 5/8-4.1-1) (from Ch. 24, par. 8-4.1-1)
Sec. 8-4.1-1.
This Division shall be known
and may be cited as the "Municipal Bond Reform Act."
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-2) (from Ch. 24, par. 8-4.1-2)
Sec. 8-4.1-2.
In addition to other words and terms as
defined in this Code, the following words or terms shall as used in this
Division have the meanings set forth opposite each unless the context or
usage clearly indicates that another meaning is intended.
"Applicable Law" means any provision of this Code or any other provision
of law authorizing municipalities to issue Bonds.
"Backdoor Referendum" means the submission of a public question to the
voters of a municipality, initiated by a petition of voters or residents or
property owners of such municipality, to determine whether an action by the
corporate authorities of such municipality shall be effective, adopted or rejected.
"Bonds" means any instrument evidencing the obligation to pay money
authorized or issued by or on behalf of a municipality under Applicable Law
including, without limiting the generality of the foregoing, bonds, notes,
installment or financing contracts, leases, certificates, tax anticipation
warrants or notes, vouchers, or any evidence of indebtedness.
"General Obligation Bonds" means Bonds of a municipality for the payment
of which the municipality is empowered to levy ad valorem property taxes
upon all taxable property in the municipality without limitation as to rate or amount.
"Municipality" for the purpose of this Division also includes water
commissions under Division 135 of Article 11 of this Code or any other entity
created by intergovernmental agreement and comprised solely of cities,
villages, or incorporated towns.
"Revenue Bonds" means any Bonds of a municipality other than General Obligation Bonds.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-3) (from Ch. 24, par. 8-4.1-3)
Sec. 8-4.1-3.
The provisions of this Act are intended to be
supplemental and in addition to all other power or authority granted to
municipalities, shall be construed liberally and shall not be construed as
a limitation of any power or authority otherwise granted.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-4) (from Ch. 24, par. 8-4.1-4)
Sec. 8-4.1-4.
Whenever Applicable Law provides that the authorization
or the issuance of Bonds, or the becoming effective of an ordinance or
resolution providing for the authorization or issuance of Bonds, may be
subject to a backdoor referendum, the provisions of this Section may be
used as an alternative to the specific procedures as otherwise set forth by
Applicable Law.
A. The corporate authorities may adopt an authorizing ordinance
describing briefly the authority under which Bonds are proposed to be
issued, the nature of the project or purpose to be financed, the estimated
total costs of the project or purpose, including in such costs
all items related to financing the project or purpose, and the maximum
amount of Bonds authorized to be issued to pay such costs. No further
details or specifications are required in such authorizing ordinance. Such
authorizing ordinance, along with any other notice as required by
Applicable Law, including any notice as to the right of electors to file a
petition and the number of voters required to sign any such
petition, shall be published or posted as required by Applicable Law. A
petition may be filed after such publication or posting during the period
as provided by Applicable Law; but upon the expiration of any such period,
the corporate authorities shall be authorized to issue such Bonds as if
they had followed all necessary procedures set forth in such Applicable Law.
B. If no petition meeting the requirements of the Applicable Law is
filed during the petition period hereinabove referred to, then the
corporate authorities may adopt additional ordinances or proceedings
supplementing or amending the authorizing ordinance so long as the maximum
amount of Bonds as set forth in the authorizing ordinance hereinabove
provided for is not exceeded, and there is no material change in the
project or purpose described in the authorizing ordinance. Such additional
ordinances or proceedings shall in all instances become effective
immediately without publication or posting or any further act or
requirement. The authorizing ordinance, together with such additional
ordinances or proceedings, shall constitute complete authority for the
issuance of such Bonds under the Applicable Law.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-5) (from Ch. 24, par. 8-4.1-5)
Sec. 8-4.1-5.
The corporate authorities may provide for a reserve fund
solely for the payment of the principal of and interest on Bonds. Bond
proceeds may be used to provide such reserve fund.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-6) (from Ch. 24, par. 8-4.1-6)
Sec. 8-4.1-6.
The corporate authorities are
authorized and may covenant and contract with the holders of Revenue Bonds
to levy, charge and collect moneys pledged as security for the payment of
Revenue Bonds in amounts sufficient to provide for the prompt payment of
the principal of and interest on such Bonds, and to provide an additional
amount of money, as debt service coverage, computed as a percentage of the
amount of principal and interest scheduled to be payable in any given year.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-7) (from Ch. 24, par. 8-4.1-7)
Sec. 8-4.1-7.
The proceeds of Bonds may be used
to provide for the payment of interest upon such Bonds for a period not to
exceed the greater of 2 years or a period ending 6 months after the
estimated date of completion of the acquisition and construction of the
project or accomplishment of the purpose for which such Bonds are issued.
In addition it shall be lawful for the corporate authorities of any
municipality issuing Bonds to appropriate money for the purpose of paying
interest on such Bonds during the period described above. Such
appropriation may be made in the ordinance authorizing such Bonds and shall
be fully effective upon the effective date of such ordinance without any
further notice, publication or approval whatsoever.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-8) (from Ch. 24, par. 8-4.1-8)
Sec. 8-4.1-8.
Bonds authorized by
Applicable Law may be issued in one or more series, bear such date or
dates, become due at such time or times within the period of years provided
by Applicable Law, bear interest payable at such intervals and at such rate
or rates as authorized under Section 2 of "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein," approved May 26, 1970, as now or hereafter amended, which rates
may be fixed or variable, be in such denominations, be in such form, either
coupon or registered or book-entry, carry such conversion, registration, and
exchange privileges, be subject to defeasance upon such terms, have such
rank or priority, be executed in such manner, be payable in such medium of
payment at such place or places within or without the State of Illinois, be
subject to such terms of redemption with or without premium, and be sold in
such manner at private or public sale and at such price as the corporate
authorities shall determine. Whenever such bonds are sold at a price less
than par, they shall be sold at such price and bear interest at such rate
or rates such that the net interest rate received upon the sale of such
Bonds does not exceed the maximum rate determined under Section 2 of "An
Act to authorize public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now or hereafter
amended.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-9) (from Ch. 24, par. 8-4.1-9)
Sec. 8-4.1-9.
Any redemption premium
payable upon the redemption of Bonds may be payable from the proceeds of
refunding Bonds which may be issued under Applicable Law for the purpose of
refunding such Bonds, from any other lawfully available source or from both
proceeds and such other sources.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-10) (from Ch. 24, par. 8-4.1-10)
Sec. 8-4.1-10.
In addition to the
authority otherwise available to invest funds, corporate authorities may
authorize and upon such authorization the Treasurer of any municipality may
invest proceeds of Bonds or money on deposit in any debt service or reserve
fund or account relating to Bonds in obligations the interest upon which is
tax exempt under the provisions of Section 103 of the Internal Revenue Code
of 1986, as amended, or successor code or provision, subject to such
tax-exempt obligations being rated at the time of purchase within the 4
highest general classifications established by a rating service of
nationally recognized expertise in rating bonds of states and the political
subdivisions thereof.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-11) (from Ch. 24, par. 8-4.1-11)
Sec. 8-4.1-11.
A municipality may pledge, as
security for the payment of its Bonds, (a) revenues
derived from the operation of any
utility system or revenue producing enterprise; (b) moneys deposited or to
be deposited in any special fund of the municipality; (c) grants or other
revenues expected to be received by the municipality from the state or
federal government; (d) special assessments to be collected with respect to
a local improvement financed with the proceeds of Bonds; or (e) payments to
be made by another unit of local government pursuant to a service agreement
with the municipality.
Any such pledge made by a municipality shall be valid and binding from
the time such pledge is made. The revenues, moneys and other funds so
pledged and thereafter received by the municipality shall immediately be
subject to the lien of such pledge without any physical delivery thereof or
further act; and, subject only to the provisions of prior agreements, the
lien of such pledge shall be valid and binding as against all parties
having claims of any kind in trust, contract
or otherwise against the municipality irrespective of whether such parties
have notice thereof. No ordinance, resolution, trust agreement or other
instrument by which such pledge is created need be filed or recorded;
except in the records of the municipality.
(Source: P.A. 85-158.)
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(65 ILCS 5/8-4.1-12) (from Ch. 24, par. 8-4.1-12)
Sec. 8-4.1-12.
Bonds which are issued in part pursuant to this Act may
contain a recital to that effect and any such recital shall be conclusive
as against the municipality and the corporate authorities thereof and any
other person as to the validity of the Bonds and as to their compliance
with the provisions of this Act.
(Source: P.A. 85-158.)
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(65 ILCS 5/Art. 8 Div. 5 heading) DIVISION 5.
DEBT LIMITS IN MUNICIPALITIES OF LESS THAN 500,000
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(65 ILCS 5/8-5-1) (from Ch. 24, par. 8-5-1)
Sec. 8-5-1.
Except as hereinafter provided in this Division 5, no municipality
having a population of less than 500,000 shall become indebted in any
manner or for any purpose, to an amount, including existing indebtedness
in the aggregate exceeding 8.625% on the value of the taxable property
therein, to be ascertained by the last assessment for state and county
purposes, previous to the incurring of the indebtedness or, until January
1, 1983, if greater, the sum that is produced by multiplying the municipality's
1978 equalized assessed valuation by the debt limitation percentage in effect
on January 1, 1979.
The indebtedness limitation set forth in this Section may be
inapplicable to indebtedness incurred for the purpose of pumping water from
Lake Michigan to one or more municipalities having a population of less
than 500,000, whether before or after such indebtedness is incurred, if the
majority of voters in such municipality approve such inapplicability at an
election on the issue held in accordance with the general election law.
The governing authority of any such municipality may, by proper ordinance
or resolution, cause the proposition of the inapplicability of the
limitation of indebtedness set forth in this Section to the indebtedness
incurred for such purpose to be certified to the proper election
authorities and submitted to the voters of the municipality at a regularly
scheduled election in accordance with the general election law.
If a majority of the votes cast on the
proposition are in favor thereof, indebtedness incurred for the purpose of
pumping water from Lake Michigan to one or more municipalities shall not be
subject to the limitation set forth in this Section.
The indebtedness limitation set forth in this Section shall not apply
to any indebtedness of any municipality incurred to finance the cost of the
acquisition, construction or improvement of water or wastewater treatment
facilities mandated by an enforceable compliance schedule developed in
connection with the federal Clean Water Act or a compliance order issued
by the United States
Environmental Protection Agency or the Illinois Pollution Control Board.
Any village or incorporated town may provide by resolution, and any
city may provide by ordinance, for the taking of a census of the
population thereof in order to determine the number of that population
for any purpose of this Division 5. The courts in this state shall take
judicial notice of the population of any municipality as it appears from
the latest municipal census so taken. However, no municipal census shall
be taken by the authority of this section, oftener than once in 3 years.
The amendatory Act of 1973 is not a limit upon any municipality
which is a home rule unit.
(Source: P.A. 85-925.)
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(65 ILCS 5/8-5-2) (from Ch. 24, par. 8-5-2)
Sec. 8-5-2.
The limitation prescribed in Section 8-5-1 shall not apply to
any indebtedness of any municipality incurred in connection with the
issuance of funding bonds.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-5-15) (from Ch. 24, par. 8-5-15)
Sec. 8-5-15.
In a city or village having a population of less than 500,000, a
petition, signed by electors of the city or village equal in number to
not less than 10% of the number of votes cast for the candidates for
mayor or president at the last preceding general municipal election at
which a mayor or president was elected, may be presented to the
corporate authorities of such a city or village asking that the
question, whether that city or village shall incur additional
indebtedness for the construction of impounding dams and artificial
lakes for water supply purposes, together with the land and equipment
necessary and incidental thereto, be submitted to the electors of that
city or village. Thereupon, this question shall be certified by the clerk
to the proper election authority and submitted at
an election in accordance with the general election law.
This question shall be in substantially the following form:
Shall the city (or village) of.... incuradditional indebtedness for the construction YESof impounding dams and artificial lakes for water supply purposes, together with the land NOand equipment necessary and incidental thereto?
If a majority of the votes cast on this question are in the
affirmative, the additional indebtedness for water supply purposes is
approved.
(Source: P.A. 81-1489.)
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(65 ILCS 5/8-5-16) (from Ch. 24, par. 8-5-16)
Sec. 8-5-16.
The corporate authorities of any municipality which is not
a home rule unit under the Constitution of 1970 are authorized to issue
the bonds of such municipality without referendum subject to the limitation
contained herein and the requirements of the Bond Issue Notification Act.
Such bonds shall be payable from ad valorem tax receipts.
The amount of such bonds, together with other bonds issued pursuant to this
Section and outstanding, shall not exceed at the time of issue one-half
of 1% of the assessed value of all of the taxable property located within
the municipality.
Such bonds shall be authorized by a bond ordinance adopted by the corporate
authorities of the municipality. The bond ordinance shall make provision
for the payment of the principal of and interest on the bonds by the levy
of a direct annual irrepealable tax upon all of the taxable property within
the municipality. A properly certified copy of the bond ordinance shall
be filed in the office of the county clerk of each county in which any portion
of the municipality is situated. Such county clerk or clerks shall extend
the taxes levied in the bond ordinance for collection against all of the
taxable property situated within the municipality. The taxes levied in
the bond ordinance shall be extended annually by the county clerk or clerks
without limitation as to rate or amount and such taxes shall be in addition
to and in excess of all other taxes levied or authorized to be levied by
the municipality.
Bonds heretofore or hereafter issued and outstanding which are approved
by referendum, bonds issued under this Section which have been paid in full
or for which provision for payment has been made
by an irrevocable deposit of funds in an amount sufficient
to pay the principal and interest on any such bonds to their respective maturity date,
non-referendum bonds issued pursuant to other provisions of this Code, and
bonded indebtedness assumed from another municipality, shall not operate
to limit in any way the right of the municipality to issue its non-referendum
bonds in accord with this Section.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/Art. 8 Div. 6 heading) DIVISION 6.
WORKING CASH FUND IN
MUNICIPALITIES OF 500,000 OF MORE
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(65 ILCS 5/8-6-1) (from Ch. 24, par. 8-6-1)
Sec. 8-6-1.
In each municipality with a population of more than 500,000, a
fund to be known as a working cash fund may be created, set apart,
maintained, and administered in the manner prescribed in this Division 6,
for the purpose of enabling the municipality to have in its treasury at all
times sufficient money to meet demands thereon for ordinary and necessary
expenditures for corporate purposes and payment of corporate liabilities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-6-2) (from Ch. 24, par. 8-6-2)
Sec. 8-6-2.
For the purpose of creating a working cash fund, the corporate
authorities may incur an indebtedness and issue bonds therefor in an amount
not exceeding in the aggregate $20,000,000 in addition to all bonded
indebtedness authorized for that purpose prior to July 1, 1949.
These bonds shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract,
and shall mature within 20 years from the date thereof. The corporate
authorities may provide that the ordinance authorizing the issuance of
these bonds shall be operative and valid without the submission thereof to
the electors of the municipality for approval in accordance with the
requirements of Sections 8-4-1 and 8-4-2. The corporate authorities before
or at the time of issuing these bonds, shall provide for the collection of
a direct annual tax upon all the taxable property in the issuing
municipality, sufficient to pay and discharge the principal thereof at
maturity and to pay the interest thereon as it falls due. The amendatory
Acts of 1971, 1972 and 1973 are not a limit upon any municipality which is
a home rule unit.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/8-6-3) (from Ch. 24, par. 8-6-3)
Sec. 8-6-3.
For the purpose of providing money for such a working
cash fund, the corporate authorities also have the power to levy
annually, upon all the taxable property in the municipality, a tax of
not to exceed .05% upon the value, as equalized or assessed by the
Department of Revenue, of that property for purposes of
taxation for the year in which each such levy is made.
The collection of this tax shall not be anticipated by the issuance
of any warrants drawn against the tax. This tax shall be levied and
collected, except as otherwise provided in this Section, in like manner
as are the general taxes of the collecting municipality. It shall be
known as the working cash fund tax and shall be in addition to the
maximum of all other taxes which that municipality is now, or may be
hereafter, authorized by law to levy upon the taxable property within
the municipality.
This tax may be levied by a separate ordinance prior to March 28 in
each year. This tax may be levied for the purpose specified in this
Section without any appropriation thereof being made in the annual or
supplemental appropriation ordinance.
No tax shall be levied under this Section if the municipality has
previously issued the maximum amount of bonds permitted under Section
8-6-2.
(Source: P.A. 81-1509.)
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(65 ILCS 5/8-6-4) (from Ch. 24, par. 8-6-4)
Sec. 8-6-4.
All money received from the issuance of bonds as
authorized in Section 8-6-2, or from any tax levied pursuant to the
authority granted by Section 8-6-3, shall be set apart in the specified
working cash fund by the municipal treasurer and shall be used only for
the purposes and in the manner provided in this section. The fund and
the money therein shall not be regarded as current assets available for
appropriation and shall not be appropriated by the corporate authorities
in the annual appropriation ordinance.
The corporate authorities may appropriate moneys to the working cash
fund up to the maximum amount allowable in the fund, and the working cash
fund may receive such appropriations and any other contributions.
In order to provide money with which to meet ordinary and necessary
disbursements for salaries and other corporate purposes, the fund may be
transferred in whole or in part to the general corporate fund of the
municipality and so disbursed therefrom in anticipation of the
collection of any taxes lawfully levied for general corporate purposes,
or in the anticipation of such taxes, as by law now or hereafter enacted
or amended, imposed by the General Assembly of the State of Illinois to
replace revenue lost by units of local government and school districts as
a result of the abolition of ad valorem personal property taxes, pursuant
to Article IX, Section 5(c) of the Constitution of the State of Illinois.
Money so transferred to the general corporate fund shall be deemed to
have been transferred in anticipation of the collection of that part of
the taxes so levied or to be received which is in excess of the amount required
to pay any
tax anticipation warrants, and the interest thereon.
Taxes levied for general corporate purposes, when collected, shall be
applied first to the payment of tax anticipation warrants or notes and the
interest thereon, and then to the reimbursement of the working cash
fund.
Upon the receipt by the municipal treasurer of any taxes, in
anticipation of the collection of which, money in the working cash fund
has been so transferred for disbursement, the fund shall be immediately
reimbursed therefrom until the full amount so transferred has been
retransferred to the fund.
(Source: P.A. 85-459.)
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(65 ILCS 5/8-6-5) (from Ch. 24, par. 8-6-5)
Sec. 8-6-5.
Money shall be transferred from the working cash fund to
the general corporate fund only upon the authority of the corporate
authorities who, from time to time by a separate ordinance, shall direct
the municipal treasurer to make a transfer of such sums as may be
required for the purposes authorized in this Division 6. That ordinance
shall set forth (1) the taxes in anticipation of the collection of which
the transfer is to be made and from which the working cash fund is to be
reimbursed, (2) the entire amount of taxes extended, or which the
corporate authorities estimate will be extended, or received, for any
particular year in anticipation of the collection of all or part of
which the transfer is to be made, (3) the aggregate amount of warrants
or notes theretofore issued in anticipation of the collection of these
taxes together with the amount of the interest which has accrued and
which, the corporate authorities estimate, will accrue thereon, (4)
the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government
entities", approved July 31, 1969, as amended, and (5)
the aggregate amount of money theretofore transferred from the working
cash fund to the general corporate fund in anticipation of the
collection of such taxes. The amount which that ordinance shall direct
the treasurer so to transfer in anticipation of the collection of taxes
levied or to be received for any particular year, together with the
aggregate amount of such tax anticipation warrants or notes theretofore
drawn against such taxes and the amount of the interest accrued and
estimated to accrue thereon,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended,
and the aggregate amount of such transfers
theretofore made in anticipation of the collection of these taxes, shall
not exceed 90% of the actual or estimated amount of such taxes extended
or to be extended or to be received as set forth in that ordinance.
If money is available in the working cash fund, it shall be
transferred to the general corporate fund and disbursed for the payment
of salaries and other corporate expenses so as to avoid, whenever
possible, the issuance of tax anticipation warrants or notes.
(Source: P.A. 81-1506.)
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(65 ILCS 5/8-6-6) (from Ch. 24, par. 8-6-6)
Sec. 8-6-6.
Any person holding an office, trust, or employment under a
municipality with a population of more than 500,000, who is guilty of the
wilful violation of any of the provisions of this Division 6 shall be
guilty of a business offense and shall be fined not exceeding $10,000, and
shall forfeit his right to his office, trust, or employment and shall be
removed therefrom. Any such person shall be liable for any sum that he
unlawfully diverted from the specified working cash fund, or otherwise
used, and that sum may be recovered by the municipality, or by any taxpayer
in the name and for the benefit of the municipality, in a civil action.
Such a taxpayer, however, shall file a bond for all costs
and shall be liable for all costs taxed against the municipality in such a
suit, and judgment shall be rendered accordingly. But nothing in this
Section shall bar other remedies.
(Source: P.A. 79-1361.)
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(65 ILCS 5/Art. 8 Div. 7 heading) DIVISION 7.
WORKING CASH FUND IN MUNICIPALITIES OF LESS THAN 500,000
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(65 ILCS 5/8-7-1) (from Ch. 24, par. 8-7-1)
Sec. 8-7-1.
In each municipality with less than 500,000 inhabitants, a fund
to be known as a working cash fund may be created, set apart, maintained,
and administered in the manner prescribed in this Division 7 for the
purpose of enabling the municipality to have in its treasury at all times
sufficient money to meet demands thereon for ordinary and necessary
expenditures for all general and special corporate purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-7-2) (from Ch. 24, par. 8-7-2)
Sec. 8-7-2.
For the purpose of creating such a working cash fund, the
corporate authorities may incur an indebtedness and issue bonds therefor in
an amount or amounts not exceeding in the aggregate $700,000.
These bonds shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract,
and shall mature within 20 years from the date thereof. The corporate
authorities may provide that the ordinance authorizing the issue of these
bonds shall be operative and valid without the submission thereof to the
electors of the municipality for approval in accordance with the
requirements of Sections 8-4-1 and 8-4-2 and the requirements of the Bond
Issue Notification Act. The corporate authorities, before
or at the time of issuing these bonds, shall provide for the collection of
a direct annual tax upon all the taxable property in the issuing
municipality, sufficient to pay and discharge the principal thereof at
maturity and to pay the interest thereon as it falls due. The amendatory
Acts of 1971, 1972 and 1973 are not a limit upon any municipality which is
a home rule unit.
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.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/8-7-3) (from Ch. 24, par. 8-7-3)
Sec. 8-7-3.
For the purpose of providing money for such a working
cash fund, the corporate authorities shall also have power to levy,
annually, upon all the taxable property in the municipality, a tax of
not to exceed .05% upon the value, as equalized or assessed by the
Department of Revenue for the year in which each such
levy is made.
The collection of this tax shall not be anticipated by the issuance
of any warrants drawn against the tax. This tax shall be levied and
collected, except as otherwise provided in this Section, in like manner
as are the general taxes of the collecting municipality. It shall be
known as the working cash fund tax and shall be in addition to the
maximum of all other taxes which that municipality is now, or may be
hereafter, authorized by law to levy upon the taxable property within
the municipality.
This tax may be levied by a separate ordinance on or before the
second Tuesday in September in each year, for the purpose specified in
this Section, without any appropriation thereof being made in the annual
or supplemental appropriation ordinance.
No tax shall be levied under this Section if the municipality has
previously issued the maximum amount of bonds permitted under Section
8-7-2.
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 5/8-7-4) (from Ch. 24, par. 8-7-4)
Sec. 8-7-4.
All money received from the issuance of bonds as
authorized in Section 8-7-2, or from any tax levied pursuant to the
authority granted by Section 8-7-3, shall be set apart in the working
cash fund by the municipal treasurer and shall be used only for the
purposes and in the manner provided in this section. The fund and the
money therein shall not be regarded as current assets available for
appropriation and shall not be appropriated by the corporate authorities
in the annual appropriation ordinance.
The corporate authorities may appropriate moneys to the working cash
fund up to the maximum amount allowable in the fund, and the working cash
fund may receive such appropriations and any other contributions.
In order to provide money with which to meet ordinary and necessary
disbursements for salaries and other general and special corporate purposes,
the fund may be transferred in whole or in part to the general or special
corporate funds of the municipality, and so disbursed therefrom in anticipation
of the collection of any taxes lawfully levied for general or special corporate
purposes or, in anticipation of such taxes, as by law now or hereafter enacted
or amended, imposed by the General Assembly of the State of Illinois to
replace revenue lost by units of local government and school districts as
a result of the abolition of ad valorem personal property taxes, pursuant
to Article IX, Section 5(c) of the Constitution of the State of Illinois.
Money so transferred to the
general or special corporate funds shall be deemed to have been transferred
in anticipation of the collection of that part of the taxes so levied or
to be received which is in excess of the amount required to pay any tax
anticipation warrants, and the interest thereon.
Taxes levied for general or special corporate purposes, when
collected shall be applied first to the payment of tax anticipation
warrants or notes and the interest thereon, and then to the reimbursement of the
working cash fund.
Upon the receipt by the municipal treasurer of any taxes, in
anticipation of the collection of which money in the working cash fund has
been so transferred for disbursement, the fund shall be immediately
reimbursed therefrom until the full amount so transferred has been
retransferred to the fund. Unless the taxes so received and applied to
the reimbursement of the working cash fund, prior to the first day of
the eighth month following the month in which due and unpaid real
property taxes by law begin to bear interest, are sufficient to effect a
complete reimbursement of the fund for any money transferred therefrom
in anticipation of the collection of taxes, the working cash fund shall
be reimbursed for the amount of the deficiency therein from any other
revenues accruing to the general corporate fund, and the corporate
authorities shall provide for the immediate reimbursement of the amount
of such a deficiency in its next annual appropriation ordinance.
Any municipality holding in its working cash fund money not
immediately necessary for the purposes set forth in this Section may, by
ordinance, use such money to invest in its own bonds issued by the
municipality which represent the obligation of such municipality, or,
may use such money to invest in bonds and other interest bearing
obligations of the State of Illinois, or securities authorized for
investment in "An Act relating to certain investments of public funds by
public agencies," approved July 23, 1943, as heretofore or hereafter
amended; provided, however, that no investment authorized by this
Section 8-7-4 shall be made in bonds or interest bearing obligations
which are in default or in bonds or interest bearing obligations for
which accrued interest is due. All money realized by the municipality
from the sale or redemption of the securities authorized for investment
under this Section shall be placed in the working cash fund. Interest on
the investments may also be placed in such fund, or, if so provided in
the ordinance authorizing such investments, may be transferred in whole
or in part to the general or special corporate funds of the
municipality.
(Source: P.A. 85-459.)
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(65 ILCS 5/8-7-5) (from Ch. 24, par. 8-7-5)
Sec. 8-7-5.
Money shall be transferred from the working cash fund to
the general corporate or special funds only upon the authority of the
corporate authorities, who from time to time by a separate ordinance
shall direct the municipal treasurer to make a transfer of such sums as
may be required for the purposes authorized in this Division 7. That
ordinance shall set forth (1) the taxes in anticipation of the
collection of which the transfer is to be made and from which the
working cash fund is to be reimbursed, (2) the entire amount of taxes
extended, or which the corporate authorities estimate will be extended
or received for any particular year in anticipation of the collection
of all or part of which the transfer is to be made, (3) the aggregate
amount of warrants or notes theretofore issued in anticipation of the
collection of these taxes together with the amount of interest which has
accrued, and which, the corporate authorities estimate, will accrue
thereon, (4)
the aggregate amount of receipts from taxes imposed to replace revenue lost
by units of local government and school districts as a result of the abolition
of ad valorem personal property taxes, pursuant to Article IX, Section 5(c)
of the Constitution of the State of Illinois, which the corporate authorities
estimate will be set aside for the payment of the proportionate amount of
debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government
entities", approved July 31, 1969, as amended, and (5)
the aggregate amount of money theretofore transferred
from the working cash fund to such general or special corporate fund in
anticipation of the collection of such taxes. The amount which that
ordinance shall direct the treasurer so to transfer in anticipation of
the collection of taxes levied or to be received for any particular
year, together with the aggregate amount of such tax anticipation
warrants or notes theretofore drawn against such taxes and the amount of
the interest, accrued and estimated to accrue thereon,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended,
and the aggregate
amount of such transfers theretofore made in anticipation of the
collection of these taxes, shall not exceed 90% of the actual or
estimated amount of such taxes extended or to be extended or to be
received as set forth in that ordinance.
If money is available in the working cash fund, it shall be
transferred to such general or special corporate fund and disbursed for
the payment of salaries and other corporate expenses so as to avoid,
whenever possible, the issuance of tax anticipation warrants or notes.
(Source: P.A. 81-1506.)
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(65 ILCS 5/8-7-6) (from Ch. 24, par. 8-7-6)
Sec. 8-7-6.
Any person holding an office, trust, or employment under a
municipality with less than 500,000 inhabitants, who is guilty of the
wilful violation of any of the provisions of this Division 7 shall be
guilty of a business offense and shall be fined not exceeding $10,000, and
shall forfeit his right to his office, trust, or employment, and shall be
removed therefrom. Any such person shall be liable for any sum that he
unlawfully diverted from the specified working cash fund, or otherwise
used, and that sum may be recovered by the municipality, or by any taxpayer
in the name and for the benefit of the municipality in a civil action.
Such a taxpayer, however, shall file a bond for all costs
and shall be liable for all costs taxed against the municipality in such a
suit, and judgment shall be rendered accordingly. But nothing in this
section shall bar other remedies.
(Source: P.A. 79-1361.)
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(65 ILCS 5/8-7-7) (from Ch. 24, par. 8-7-7)
Sec. 8-7-7.
Abolishment of working cash fund.
(a) The corporate authority of any municipality may abolish its working cash
fund by resolution and may transfer any balance remaining in the fund,
including any interest that may have accrued, to the general corporate fund at
the end of the fiscal year.
(b) A municipality that has abolished its working cash fund may not
establish another working cash fund under this Division 7 for 4 years
after the date the fund was abolished. Any general obligation bonds that were
previously issued for working cash purposes must be retired before a
municipality may establish another working cash fund.
(Source: P.A. 87-982.)
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(65 ILCS 5/Art. 8 Div. 8 heading) DIVISION 8.
AUDIT OF ACCOUNTS
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(65 ILCS 5/8-8-1) (from Ch. 24, par. 8-8-1)
Sec. 8-8-1.
This Division 8 may be cited as The Illinois Municipal Auditing
Law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-8-2) (from Ch. 24, par. 8-8-2)
Sec. 8-8-2.
The following terms shall, unless the context otherwise indicates,
have the following meanings:
(1) "Municipality" or "municipalities" means all cities, villages
and incorporated towns having a population of less than 500,000 as
determined by the last preceding Federal census.
(2) "Corporate authorities" means a city council, village board of
trustees, library board, police and firemen's pension board, or any
other body or officers having authority to levy taxes, make
appropriations, or approve claims for any municipality.
(3) "Comptroller" means the Comptroller of the State of Illinois.
(4) (Blank).
(5) "Audit report" means the written report of the auditor or auditors and all appended statements and schedules relating thereto,
presenting or recording the findings of an examination or audit of the
financial transactions, affairs, or condition of a municipality.
(6) "Annual report" means the statement filed, in lieu of an audit
report, by the municipalities of less than 800 population, which do not
own or operate public utilities and do not have bonded debt.
(7) "Supplemental report" means the annual statement filed, in
addition to any audit report provided for herein, by all municipalities,
except municipalities of less than 800 population which do not own or
operate public utilities and do not have bonded debt.
(8) "Auditor" means a licensed certified public accountant, as that term is defined in Section 0.03 of the Illinois Public Accounting Act, or the substantial equivalent of a licensed CPA, as provided under Section 5.2 of the Illinois Public Accounting Act, who performs an audit of municipal financial statements and records and expresses an assurance or disclaims an opinion on the audited financial statements. (9) "Generally accepted accounting principles" means accounting principles generally accepted in the United States. (10) "Generally accepted auditing standards" means auditing standards generally accepted in the United States. (Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-3) (from Ch. 24, par. 8-8-3) Sec. 8-8-3. Audit requirements. (a) The corporate authorities of each municipality coming under the
provisions of this Division 8 shall cause an audit of the funds and
accounts of the municipality to be made by an auditor or auditors
employed by such municipality or by an auditor or auditors retained
by the Comptroller, as hereinafter provided. (b) The accounts and funds of each municipality having a population of 800
or more or having a bonded debt or owning or operating any type of public
utility shall be audited annually. The audit herein required shall include
all of the accounts and funds of the municipality. Such audit shall be
begun as soon as possible after the close of the fiscal year, and shall be
completed and the report submitted within 180 days after the close of such
fiscal year, unless an extension of time shall be granted by the
Comptroller in writing. The auditor or auditors perform the audit
shall submit not less than 2 copies of the audit report to the corporate
authorities of the municipality being audited. Municipalities not operating
utilities may cause audits of the accounts of municipalities to be made
more often than herein provided, by an auditor or auditors. The audit
report of such audit when filed with the Comptroller together with an audit
report covering the remainder of the period for which an audit is required
to be filed hereunder shall satisfy the requirements of this section. (c) Municipalities of less than 800 population which do not own or operate
public utilities and do not have bonded debt, shall file annually with the
Comptroller a financial report containing information required by the
Comptroller. Such annual financial report shall be on forms devised by the
Comptroller in such manner as to not require professional accounting
services for its preparation. (d) In addition to any audit report required, all municipalities, except
municipalities of less than 800 population which do not own or operate
public utilities and do not have bonded debt, shall file annually with the
Comptroller a supplemental report on forms devised and approved by the
Comptroller. (e) Notwithstanding any provision of law to the contrary, if a municipality (i) has a population of less than 200, (ii) has bonded debt in the amount of $50,000 or less, and (iii) owns or operates a public utility, then the municipality shall cause an audit of the funds and accounts of the municipality to be performed by an auditor employed by the municipality or retained by the Comptroller for fiscal year 2011 and every fourth fiscal year thereafter or until the municipality has a population of 200 or more, has bonded debt in excess of $50,000, or no longer owns or operates a public utility. Nothing in this subsection shall be construed as limiting the municipality's duty to file an annual financial report with the Comptroller or to comply with the filing requirements concerning the county clerk. (f) All audits and reports to be filed with the Comptroller under this Section must be submitted electronically and the Comptroller must post the audits and reports on the Internet no later than 45 days after they are received. If the municipality provides the Comptroller's Office with sufficient evidence that the audit or report cannot be filed electronically, the Comptroller may waive this requirement. The Comptroller must also post a list of municipalities that are not in compliance with the reporting requirements set forth in this Section. (g) Subsection (f) of this Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule municipalities of powers and functions exercised by the State. (h) Any financial report under this Section shall include the name of the purchasing agent who oversees all competitively bid contracts. If there is no purchasing agent, the name of the person responsible for oversight of all competitively bid contracts shall be listed.(Source: P.A. 101-419, eff. 1-1-20.) |
(65 ILCS 5/8-8-3.5)
Sec. 8-8-3.5. Tax Increment Financing Report. The reports filed under
subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation
Redevelopment Act and the reports filed under subsection (d) of Section
11-74.6-22 of the Industrial Jobs Recovery Law
in the Illinois Municipal Code must be separate from any
other annual report filed with the Comptroller. The Comptroller must, in
cooperation with reporting municipalities, create
a format for the reporting of information described in paragraphs (1.5),
(5), and (8) and
in subparagraph (G) of paragraph (7) of subsection (d) of Section
11-74.4-5 of
the Tax Increment Allocation Redevelopment Act
and the information described in paragraphs (1.5), (5), and (8) and in subparagraph
(G) of paragraph (7) of subsection (d) of Section 11-74.6-22 of the Industrial
Jobs Recovery Law
that facilitates consistent
reporting among the reporting municipalities. The Comptroller may allow these
reports to be filed electronically and may display the report, or portions of
the report, electronically via the Internet. All reports filed under this
Section must be made available for examination and copying by the public at all
reasonable times. A Tax Increment Financing Report must be filed electronically with the Comptroller within 180 days after the close of the municipal fiscal year or as soon thereafter as the audit for the redevelopment
project area for that fiscal year becomes available. If the Tax Increment Finance administrator provides the Comptroller's office with sufficient evidence that the report is in the process of being completed by an auditor, the Comptroller may grant an extension. If the required report is not filed within
the
time extended by the Comptroller, the Comptroller shall notify the corporate authorities of that municipality that the audit report is past due. The Comptroller may charge a municipality a fee of $5 per day for the first 15 days past due, $10 per day for 16 through 30 days past due, $15 per day for 31 through 45 days past due, and $20 per day for the 46th day and every day thereafter. These amounts may be reduced at the Comptroller's discretion. In the event the required audit report is not filed within 60 days of such notice, the Comptroller shall cause such audit to be made by an auditor or auditors. The Comptroller may decline to order an audit and the preparation of an audit report if an initial examination of the books and records of the municipality indicates that books and records of the municipality are inadequate or unavailable to support the preparation of the audit report or the supplemental report due to the passage of time or the occurrence of a natural disaster. All fees collected pursuant to this Section shall be deposited into the Comptroller's Administrative Fund. In the event the Comptroller causes an audit to be made in accordance with the requirements of this Section, the municipality shall pay to the Comptroller reasonable compensation and expenses to reimburse her for the cost of preparing or completing such report. Moneys paid to the Comptroller pursuant to the preceding sentence shall be deposited into the Comptroller's Audit Expense Revolving Fund.
(Source: P.A. 101-419, eff. 1-1-20; 102-127, eff. 7-23-21.)
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(65 ILCS 5/8-8-4) (from Ch. 24, par. 8-8-4)
Sec. 8-8-4. Overdue reports.
(a) In the event the required audit report for
a municipality is not filed
with the Comptroller in accordance with Section 8-8-7 within 180 days after
the close of the fiscal year of the municipality, the Comptroller shall
notify the corporate authorities of that municipality in writing that the
audit report is due, and may also grant an extension of time of 60 days,
for the filing of the audit report. In the event the required audit report
is not filed within the time specified in such written notice, the
Comptroller shall cause such audit to be made by an auditor or auditors. In the event the required annual or supplemental report for a
municipality is not filed within 6 months after the close of the fiscal
year of the municipality, the Comptroller shall notify the corporate
authorities of that municipality in writing that the annual or supplemental
report is due and may grant an extension in time of 60 days for the filing
of such annual or supplemental report.
(b) In the event the annual or supplemental report is not filed within
the
time extended by the Comptroller, the Comptroller shall cause such annual
or supplemental report to be prepared or completed and the municipality
shall pay to the Comptroller reasonable compensation and expenses to
reimburse him for the cost of preparing or completing such annual or
supplemental report.
Moneys paid to the Comptroller pursuant to the preceding sentence shall be
deposited into the Comptroller's Audit Expense Revolving Fund.
(c) The Comptroller may decline to order an audit or the completion of the
supplemental report if an initial examination of the books and records of the
municipality indicates that books and records of the municipality are
inadequate or unavailable to support the preparation of the audit report or the
supplemental report due to the passage of time or the occurrence of a natural
disaster.
(d) The State Comptroller may grant extensions for delinquent audits or reports. The Comptroller may charge a municipality a fee for a delinquent audit or report of $5 per day for the first 15 days past due, $10 per day for 16 through 30 days past due, $15 per day for 31 through 45 days past due, and $20 per day for the 46th day and every day thereafter. These amounts may be reduced at the Comptroller's discretion. All fees collected under this subsection (d) shall be deposited into the Comptroller's Administrative Fund. (Source: P.A. 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-5) (from Ch. 24, par. 8-8-5)
Sec. 8-8-5.
(a) Prior to fiscal year 2019, the audit shall be made in accordance with generally accepted
auditing standards. Reporting on the financial position and results of
financial operations for each fund of the municipality shall be in
accordance with generally accepted accounting principles or other comprehensive basis of accounting. Each audit report shall include only financial information,
findings, and conclusions that are adequately supported by evidence in the
auditor's working papers to demonstrate or prove, when called upon, the
basis for the matters reported and their correctness and reasonableness.
In connection with this, each municipality shall retain the right of
inspection of the auditor's working papers and shall make them available to
the Comptroller, or his or her designee, upon request. The audit report shall
consist of the professional opinion of the auditor or auditors with
respect to the financial statements or, if an opinion cannot be expressed,
a declaration that the auditor is unable to express such opinion and an
explanation of the reasons he or she cannot do so. Municipal authorities shall not
impose limitations on the scope of the audit to the extent that the effect
of such limitations will result in the qualification of the opinion of the auditor or auditors. Each audit report filed with the Comptroller
shall be accompanied by a copy of each official statement or other offering
of materials prepared in connection with the issuance of indebtedness of
the municipality since the filing of the last audit report.
(b) For fiscal year 2019 and each fiscal year thereafter, the audit report shall include the financial statements for governmental activities, business-type activities, discretely presented component units, and each major fund and aggregated nonmajor fund. The audit report shall also include the professional opinion or opinions of the auditor or auditors with respect to the financial statements or, if an opinion cannot be expressed, a declaration that the auditor is unable to express an opinion and an explanation of the reasons he or she cannot do so. Each auditor's report shall include a representation by the auditor or auditors conducting the audit has been performed in accordance with generally accepted auditing standards. Municipal authorities shall not impose limitations on the scope of the audit to the extent that the effect of the limitations will result in the modification of the opinion or opinions of the auditor or auditors. Each audit report filed with the Comptroller shall be accompanied by a copy of each official statement or other offering of materials prepared in connection with the issuance of indebtedness of the municipality since the filing of the last audit report. (c) For fiscal year 2019 and each fiscal year thereafter, audit reports shall contain financial statements prepared in accordance with generally accepted accounting principles and audited in accordance with generally accepted auditing standards if the last audit report filed preceding fiscal year 2019 expressed an unmodified or modified opinion by the auditor that the financial statements were prepared in accordance with generally accepted accounting principles.
(d) For fiscal year 2019 and each fiscal year thereafter, audit reports containing financial statements prepared in accordance with an other comprehensive basis of accounting may follow the best practices and guidelines outlined by the American Institute of Certified Public Accountants and shall be audited in accordance with generally accepted auditing standards. If the corporate authority of a municipality submits an audit report containing financial statements prepared in accordance with generally accepted accounting principles, thereafter all future audit reports shall also contain financial statements prepared in accordance with generally accepted accounting principles. (e) Audits may be made on financial statements prepared using either an accrual or cash basis of accounting, depending upon the system followed by the municipality, and audit reports shall comply with this Section.(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-7) (from Ch. 24, par. 8-8-7)
Sec. 8-8-7.
When the auditor or auditors have completed the audit,
not less than 2 copies of a report of the audit shall be made and signed by
the making such audit, and shall immediately be filed with the
municipality audited. Each audit report shall include the certification
of the auditor or auditors making the audit that the audit has been
performed in compliance with generally accepted auditing standards.
The municipality shall immediately make one copy of
the report, or one copy of the report authorized by this Division 8 in lieu
of an audit report, a part of its public records and at all times
thereafter this copy shall be open to public inspection. In addition, the
municipality shall file one copy of the report with the Comptroller.
An audit report which fails to meet the requirements of this Act shall be
rejected by the Comptroller and returned to the municipal authorities for
corrective action. Nothing in this Section shall be construed as
preventing a municipality, in
filing its audit report with the Comptroller, from transmitting with such
report any comment or explanation that it may desire to make concerning
that report. The audit report filed with the Comptroller, together with any
accompanying comment or explanation, shall immediately become a part of his
public records and shall at all times thereafter be open to public
inspection. It shall be unlawful for the auditor to make any disclosure
of the result of any examination of any public account excepting as he does
so directly to the corporate authorities of the municipality audited.
(Source: P.A. 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-8) (from Ch. 24, par. 8-8-8)
Sec. 8-8-8.
The expenses of the audit and investigation of public accounts
provided for in Division 8, whether ordered by the corporate authorities
or the Comptroller, shall be paid by the municipality for which the
audit is made. Payment shall be ordered by the corporate authorities out
of the funds of the municipality and it shall be the duty of such
authorities to make provisions for payment. Contracts for the
performance of audits required by this Division 8 may be entered into
without competitive bidding. If the audit is made by an auditor or auditors retained by the Comptroller, the municipality shall pay to
the Comptroller reasonable compensation and expenses to reimburse him
for the cost of making such audit.
The corporate authorities of all municipalities coming under the
provisions of this Division 8 shall have the power to annually levy a
"Municipal Auditing Tax" upon all of the taxable property of the
municipalities at the rate on the dollar which will produce an amount
which will equal a sum sufficient to meet the cost of all auditing and
reports thereunder. Such municipal auditing tax shall be held in a
special fund and used for no other purpose than the payment of expenses
occasioned by this Division 8.
The tax authorized by this Section shall be in addition to taxes for
general corporate purposes authorized under Section 8-3-1 of this Act.
(Source: P.A. 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-9) (from Ch. 24, par. 8-8-9)
Sec. 8-8-9.
The provisions of the Division 8 shall not be construed
to relieve any officer of any duties now required by law of him with
relation to the auditing of public accounts or the disbursement of
public funds. Failure of the corporate authorities of any municipality
to comply with any of the provisions of this Division 8 shall not affect
the legality of taxes levied for any of the funds of such municipality.
Notwithstanding any provision to the contrary, any municipality which
files audits or audit reports with the Comptroller in compliance with
this Act shall not be required to file any additional audits or audit
reports with any state governmental agency providing motor fuel tax
funds to such municipality. Any such state governmental agency may
obtain copies of all audits and audit reports from the Comptroller.
(Source: P.A. 80-423.)
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(65 ILCS 5/8-8-10) (from Ch. 24, par. 8-8-10)
Sec. 8-8-10.
The corporate authorities of a municipality may establish
an audit committee, and may appoint members of the corporate authority or
other appropriate officers to the committee, to review audit reports prepared
under this Act and any other financial reports and documents, including
management letters prepared by or on behalf of the municipality.
(Source: P.A. 82-644.)
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(65 ILCS 5/8-8-10.5) Sec. 8-8-10.5. Audit report disclosure. Each fiscal year, within 60 days of the close of an audit under this Act, the auditor conducting the audit of all of the funds and accounts of a municipality shall do each of the following: (1) Provide a copy of any management letter and a | ||
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(2) Present the information from the audit to the | ||
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(Source: P.A. 98-738, eff. 1-1-15.) |
(65 ILCS 5/Art. 8 Div. 9 heading) DIVISION 9.
PURCHASING AND PUBLIC
WORKS CONTRACTS IN MUNICIPALITIES
OF LESS THAN 500,000
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(65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
Sec. 8-9-1. In municipalities of less than 500,000 except
as otherwise provided in Articles 4 and 5 any work or other
public improvement which is not to be paid for in whole or in
part by special assessment or special taxation, when the expense
thereof will exceed $25,000, shall be constructed either (1)
by a contract let to the lowest responsible bidder after
advertising for bids, in the manner prescribed by ordinance,
except that any such contract may be entered into by the proper
officers without advertising for bids, if authorized by a vote
of two-thirds of all the alderpersons or trustees then holding office;
or (2) in the following manner, if authorized by a vote of
two-thirds of all the alderpersons or trustees then holding office,
to-wit: the commissioner of public works or other proper officers
to be designated by ordinance, shall superintend and cause to
be carried out the construction of the work or other public
improvement and shall employ exclusively for the performance
of all manual labor thereon, laborers and artisans whom the
municipality shall pay by the day or hour; and all material
of the value of $25,000 and upward used in the construction of
the work or other public improvement, shall be purchased by
contract let to the lowest responsible bidder in the manner
to be prescribed by ordinance. However, nothing contained
in this Section shall apply to any contract by a city, village
or incorporated town with the federal government or any agency thereof.
In every city which has adopted Division 1 of Article 10,
every such laborer or artisan shall be certified by the civil
service commission to the commissioner of public works or other
proper officers, in accordance with the requirement of that division.
In municipalities of 500,000 or more population the letting of
contracts for work or other public improvements of the character
described in this Section shall be governed by the provisions of
Division 10 of this Article 8.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/8-9-2) (from Ch. 24, par. 8-9-2)
Sec. 8-9-2.
(a) In municipalities of less than 500,000 population, the
corporate authorities may provide by ordinance that all supplies needed for
use of the municipality shall be furnished by contract, let to the lowest
bidder.
In municipalities of more than 500,000 population the provisions of
Division 10 of this Article 8 shall apply to and govern the purchase of
supplies.
The provisions of this Section are subject to any contrary provisions
contained in "An Act concerning the use of Illinois mined coal in certain
plants and institutions", filed July 13, 1937, as heretofore and hereafter
amended.
(b) The corporate authorities of a municipality may by ordinance provide
that
contracts to provide goods and services to the municipality contain a provision
requiring
the contractor and its affiliates to collect and remit Illinois Use Tax on all
sales of
tangible personal property into the State of Illinois in accordance with the
provisions of
the Illinois Use Tax Act, and municipal use tax on all sales of tangible
personal property
into the municipality in accordance with a municipal ordinance authorized by
Section 8-11-6 or 8-11-1.5, during the term of the contract or for some other
specified
period,
regardless of whether the contractor or affiliate is a "retailer maintaining a
place of
business within this State" as defined in Section 2 of the Use Tax Act. The
provision
may state that if the requirement is not met, the contract may be terminated by
the
municipality, and the contractor may be subject to such other penalties or the
exercise of
such remedies as may be stated in the contract or the ordinance adopted under
this
Section. An ordinance adopted under this Section may contain exceptions for
emergencies or other circumstances when the exception is in the best interest of
the
public. For purposes of this Section, the term "affiliate" means any entity
that (1)
directly, indirectly, or constructively controls another entity, (2) is
directly, indirectly, or
constructively controlled by another entity, or (3) is subject to the control of
a common
entity. For purposes of this subsection (b), an entity controls another entity
if it owns,
directly or individually, more than 10% of the voting securities of that
entity. As used in
this subsection (b), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(Source: P.A. 93-25, eff. 6-20-03.)
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(65 ILCS 5/8-9-3) (from Ch. 24, par. 8-9-3)
Sec. 8-9-3.
In the event of a conflict between the application of this
Division 9 of Article 8 and the application of "An Act concerning
municipalities, counties and other
political subdivisions", enacted by the 85th General Assembly,
the provisions of "An Act concerning
municipalities, counties and other political subdivisions"
shall prevail.
(Source: P.A. 85-854.)
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(65 ILCS 5/8-9-4)
Sec. 8-9-4.
Long-term contracts.
Any municipality may enter into a
long-term energy
contract, even if the length of the contract would exceed the term of office of
the
corporate authorities that approved the contract.
(Source: P.A. 93-58, eff. 1-1-04.)
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(65 ILCS 5/Art. 8 Div. 10 heading) DIVISION 10.
PURCHASING AND PUBLIC
WORKS CONTRACTS IN CITIES OF
MORE THAN 500,000
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(65 ILCS 5/8-10-1) (from Ch. 24, par. 8-10-1)
Sec. 8-10-1.
This division shall be known and is hereafter designated as
"Municipal purchasing act for cities of 500,000 or more population."
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-2) (from Ch. 24, par. 8-10-2)
Sec. 8-10-2.
In addition to all the rights, powers, privileges, duties, and
obligations conferred thereon elsewhere in this division or any other Acts,
all cities of 500,000 or more population shall have the rights, powers and
privileges and shall be subject to the duties and obligations conferred
thereon by this Division 10.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-2.5)
Sec. 8-10-2.5.
Airports.
This Division 10 applies to purchase orders and
contracts relating to airports owned or operated by a municipality of more than
500,000 population.
(Source: P.A. 89-405, eff. 11-8-95.)
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(65 ILCS 5/8-10-3) (from Ch. 24, par. 8-10-3)
Sec. 8-10-3.
(a) Except as otherwise herein provided, all purchase
orders
or contracts of whatever nature, for labor, services or work, the
purchase, lease, or sale of personal property, materials, equipment or
supplies, involving amounts in excess of $10,000, made by or on behalf of
any such municipality, shall be let by free and open competitive bidding
after advertisement, to the lowest responsible bidder, or in the
appropriate instance, to the highest responsible bidder, depending upon
whether such municipality is to expend or to receive money. All such
purchase orders or contracts, as defined above, which shall involve
amounts of $10,000, or less, shall be let in the manner described above
whenever practicable, except that such purchase orders or contracts may
be let in the open market in a manner calculated to insure the best
interests of the public, after solicitation of bids by mail, telephone,
or otherwise. The provisions of this Section are subject to any contrary
provision contained in "An Act concerning the use of Illinois mined coal
in certain plants and institutions", filed July 13, 1937, as heretofore
and hereafter amended.
(b) The corporate authorities of a municipality may by ordinance provide
that
contracts to provide goods and services to the municipality contain a provision
requiring
the contractor and its affiliates to collect and remit Illinois Use Tax on all
sales of
tangible personal property into the State of Illinois in accordance with the
provisions of
the Illinois Use Tax Act, and municipal use tax on all sales of tangible
personal property
into the municipality in accordance with a municipal ordinance authorized by
Section 8-11-6 or 8-11-1.5, during the term of the contract or for some other
specified
period,
regardless of whether the contractor or affiliate is a "retailer maintaining a
place of
business within this State" as defined in Section 2 of the Use Tax Act. The
provision
may state that if the requirement is not met, the contract may be terminated by
the
municipality, and the contractor may be subject to such other penalties or the
exercise of
such remedies as may be stated in the contract or the ordinance adopted under
this
Section. An ordinance adopted under this Section may contain exceptions for
emergencies or other circumstances when the exception is in the best interest of
the
public. For purposes of this Section, the term "affiliate" means any entity
that (1)
directly, indirectly, or constructively controls another entity, (2) is
directly, indirectly, or
constructively controlled by another entity, or (3) is subject to the control of
a common
entity. For purposes of this subsection (b), an entity controls another entity
if it owns,
directly or individually, more than 10% of the voting securities of that
entity.
As used in
this subsection (b), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(Source: P.A. 93-25, eff. 6-20-03.)
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(65 ILCS 5/8-10-4) (from Ch. 24, par. 8-10-4)
Sec. 8-10-4.
Contracts which by their nature are not adapted to award by
competitive bidding, such as but not limited to contracts for the services
of individuals possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part, contracts for
supplies, materials, parts or equipment which are available only from a
single source, contracts for printing of finance committee pamphlets,
comptroller's estimates, and departmental reports, contracts for the
printing or engraving of bonds, water certificates, tax warrants and other
evidences of indebtedness, contracts for utility services such as water,
light, heat, telephone or telegraph, and contracts for the purchase of
magazines, books, periodicals and similar articles of an educational or
instructional nature, and the binding of such magazine, books, periodicals,
pamphlets, reports and similar articles shall not be subject to the
competitive bidding requirements of this Article. The purchasing agent
hereinafter provided for is hereby expressly authorized to procure from any
federal, state or local governmental unit or agency thereof such materials,
supplies, commodities or equipment as may be made available through the
operation of any legislation heretofore or hereafter enacted without
conforming to the competitive bidding requirements of this Division 10.
Regular employment contracts in the municipal service, whether with respect
to the classified service or otherwise, shall not be subject to the
provisions of this Division 10, nor shall this Division 10 be applicable to
the granting or issuance pursuant to powers conferred by laws, ordinances
or resolutions, of franchises, licenses, permits or other authorizations by
the corporate authorities of the municipality, or by departments, offices,
institutions, boards, commissions, agencies or other instrumentalities
thereof, nor to contracts or transactions, other than the sale or lease of
personal property, pursuant to which the municipality is the recipient of
money. The purchasing agent may sell or cause to be loaned with proper
surety, materials common only to the municipal water distribution system,
to such corporations and individuals, upon a proper showing that they are
unable to obtain such materials for the purpose of obtaining water from the
water system, or while awaiting shipment from manufacturers or vendors of
such material, provided, that proper charges for the sale of such material
shall be made to such extent as to save the municipality from monetary
losses in such transactions.
(Source: Laws 1967, p. 3599.)
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(65 ILCS 5/8-10-5) (from Ch. 24, par. 8-10-5)
Sec. 8-10-5.
In the case of an emergency affecting the public health
or safety, so declared by the corporate authorities of the municipality
at a meeting thereof duly convened, which declaration shall require the
affirmative vote of a majority of all the members thereof and shall set
forth the nature of the danger to the public health or safety, contracts
may be let to the extent necessary to resolve such emergency without
public advertisement. The resolution or ordinance in which such
declaration is embodied shall fix the date upon which such emergency
shall terminate, which date may be extended or abridged by the corporate
authorities as in their judgment the circumstances require.
The purchasing agent hereinafter provided for, may purchase or may
authorize in writing any agency of such municipal government or of the
institutions, boards or commissions thereof, if any, to purchase in the
open market without filing requisition or estimate therefor, and without
advertisement, any supplies, materials or equipment, for immediate
delivery to meet bona fide operating emergencies where the amount
thereof is not in excess of $40,000. A full written account of any such
emergency together with a requisition for the materials, supplies or
equipment required therefor shall be submitted immediately to the
purchasing agent and shall be open to public inspection for a period of
at least one year subsequent to the date of such emergency purchase. The
exercise of the authority herein vested in the purchasing agent in
respect to purchases for such bona fide operating emergencies shall not
be dependent upon a declaration of emergency by the corporate
authorities under the first paragraph of this section.
(Source: P.A. 81-1376.)
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(65 ILCS 5/8-10-6) (from Ch. 24, par. 8-10-6)
Sec. 8-10-6.
The responsible head of each major department, office,
institution, board, commission, agency or instrumentality of such
municipal government shall certify in writing to the purchasing agent
the names of such officers or employees who shall be exclusively
authorized to sign requests for purchase for such respective department,
office, institution, board, commission, agency or instrumentality, and
all requests for purchase shall be void unless executed by such
certified officers or employees and approved by the purchasing agent.
Except as to emergency contracts authorized by Section 8-10-5, no
undertaking involving amounts in excess of $10,000 shall be split into
parts, by the requisitioning agent or otherwise, so as to produce
amounts of $10,000 or less, for the purpose of avoiding the provisions of
this Division 10.
The term "responsible head" as used herein shall, in the case of the
corporate authorities of the municipality, be such member, members, or
committee thereof as shall be designated by appropriate resolution or
order adopted by such corporate authorities.
(Source: P.A. 81-1376.)
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(65 ILCS 5/8-10-7) (from Ch. 24, par. 8-10-7)
Sec. 8-10-7.
All proposals to award purchase orders or contracts
involving amounts in excess of $10,000 shall be published at least 10
days, excluding Sundays and legal holidays, in advance of the date
announced for the receiving of bids, in a secular English language daily
newspaper of general circulation throughout such municipality and shall
simultaneously be posted on readily accessible bulletin boards in the
office of the purchasing agent. Nothing contained in this section shall
be construed to prohibit the purchasing agent from placing additional
announcements in recognized trade journals. Advertisements for bids
shall describe the character of the proposed contract or agreement in
sufficient detail to enable the bidders thereon to know what their
obligations will be, either in the advertisement itself, or by reference
to detailed plans and specifications on file at the time of the
publication of the first announcement. Such advertisement shall also
state the date, time and place assigned for the opening of bids, and no
bids shall be received at any time subsequent to the time indicated in
the announcement. However, an extension of time may be granted for the
opening of such bids upon publication in a secular English newspaper of
general circulation throughout such municipality of the date to which
the bid opening has been extended. The time of the bid extension opening
shall not be less than 5 days after the publication thereof, Sundays and
legal holidays excluded.
Cash, cashier's check, a certified check, a comptroller's
certificate of moneys owed the particular vendor, or a bid bond with
adequate surety approved by the purchasing agent as a deposit of good
faith, in a reasonable amount, but not in excess of 10% of the contract
amount may be required of each bidder by the purchasing agent on all
bids involving amounts in excess of $10,000 and, if so required, the
advertisement for bids shall so specify.
(Source: P.A. 84-1269.)
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(65 ILCS 5/8-10-8) (from Ch. 24, par. 8-10-8)
Sec. 8-10-8.
Any agreement or collusion among bidders or prospective
bidders in restraint of freedom of competition by agreement to bid a fixed
price, or otherwise, shall render the bids of such bidders void. Each
bidder shall accompany his bid with a sworn statement, or otherwise swear
or affirm, that he has not been a party to any such agreement. Any
disclosure in advance of the opening of bids, of the terms of the bids
submitted in response to an advertisement, made or permitted by the
purchasing agent shall render the proceedings void and shall require
re-advertisement and re-award.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-8.5)
Sec. 8-10-8.5.
Disclosure.
Each person submitting a bid or proposal in
relation to any contract in excess of $10,000 under this Division 10, including
contracts exempt from competitive bidding under Section 8-10-4 or 8-10-5, must
disclose in his or her application the name of each individual having a
beneficial interest of more than 7 1/2% in the enterprise and,
if the person wishing to submit a bid or proposal is a
corporation, the names of all its officers and directors. The person
shall notify the municipality of any changes in its ownership or
officers at the time such changes occur. In the case of emergency contracts
under Section 8-10-5, disclosure under this Section shall be made within 14
days after the contract.
(Source: P.A. 89-405, eff. 11-8-95.)
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(65 ILCS 5/8-10-9) (from Ch. 24, par. 8-10-9)
Sec. 8-10-9.
All sealed bids shall be publicly opened by the purchasing
agent of such municipality, or by an officer or employee in the office of
the purchasing agent duly authorized in writing by the purchasing agent to
open such bids, and all such bids shall be open to public inspection in the
office of the purchasing agent for a period of at least 48 hours before
award is made.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-10) (from Ch. 24, par. 8-10-10)
Sec. 8-10-10.
The award of any contract involving amounts in excess
of $10,000 shall be made by the purchasing agent to the lowest or highest
responsible bidder as provided in Section 8-10-3. Every contract
involving amounts in excess of $10,000 shall be signed by the mayor or
his duly designated agent, by the comptroller and by the purchasing
agent, respectively, of such municipality. Each bid, with the name of
the bidder, shall be entered on a record which record with the name of
the successful bidder indicated thereon, shall, after award of contract,
be open to public inspection in the office of the purchasing agent of
such municipality.
All purchase orders or contracts involving amounts of $10,000 or less
shall be awarded by the purchasing agent to the lowest or highest
responsible bidder as provided in Section 8-10-3 and shall be signed by
the purchasing agent and by the comptroller.
An official copy of each awarded purchase order or contract together
with all necessary attachments thereto, including assignments and
written consents thereto of the purchasing agent as authorized by
Section 8-10-14, shall be retained by the purchasing agent in an
appropriate file open to the public for such period of time after
termination of contract during which action against the municipality
might ensue under applicable laws of limitation. After such period such
purchase orders, contracts and attachments may be destroyed by direction
of the purchasing agent.
(Source: P.A. 81-1376.)
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(65 ILCS 5/8-10-11) (from Ch. 24, par. 8-10-11)
Sec. 8-10-11.
In determining the responsibility of any bidder the
purchasing agent may take into account other factors in addition to
financial responsibility, such as past records of transactions with the
bidder, experience, adequacy of equipment, ability to complete performance
within a specified time limit and other pertinent considerations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-12) (from Ch. 24, par. 8-10-12)
Sec. 8-10-12.
Any and all bids received in response to an advertisement may
be rejected by the purchasing agent if the bidder is not deemed
responsible, or the character or quality of the services, supplies,
materials, equipment or labor does not conform to requirements or if the
public interest may otherwise be served thereby.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-13) (from Ch. 24, par. 8-10-13)
Sec. 8-10-13.
Bond, with sufficient sureties, in such amount as shall
be deemed adequate, not only to insure performance of contract in the
time and manner prescribed in the contract, but also to save, indemnify,
and keep harmless the municipality against all loss, damages, claims,
liabilities, judgments, costs, and expenses which may in anywise accrue
against the municipality in consequence of the granting of the contract,
or which may in anywise result therefrom, may be required of each bidder
upon contracts involving amounts in excess of $10,000 when, in the
opinion of the purchasing agent, the public interests will be served
thereby.
(Source: P.A. 81-1376.)
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(65 ILCS 5/8-10-14) (from Ch. 24, par. 8-10-14)
Sec. 8-10-14.
No contract awarded to the lowest responsible bidder or to
the highest responsible bidder, as the case may be, shall be assignable or
sublet by the successful bidder without the written consent of the
purchasing agent. In no event shall a contract or any part thereof be
assigned or sublet to a bidder who had been declared not to be a
responsible bidder in the consideration of bids submitted in response to
advertisement for the particular contract.
(Source: Laws 1967, p. 3599.)
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(65 ILCS 5/8-10-15) (from Ch. 24, par. 8-10-15)
Sec. 8-10-15.
In all municipalities within the purview of this Division 10,
there shall be a purchasing agent who shall be appointed by the mayor by
and with the consent of the corporate authorities of the municipality. The
purchasing agent shall hold office for a term of 4 years and until his
successor is appointed and qualified. Such purchasing agent may be removed
from office for cause after public hearing before the corporate authorities
at which hearing the purchasing agent with counsel shall be entitled to be
heard. His salary shall be fixed by the corporate authorities and he shall
be required to give bond, with adequate surety, for the faithful
performance of his duties in an amount to be determined by the corporate
authorities. He shall be exempt from the provisions of Division 1 of
Article 10, relating to civil service, in any municipality which has or
may hereafter adopt that Division 1. In making the appointment of the
purchasing agent, the mayor and corporate authorities shall give due
consideration to the executive experience and ability required for the
proper and effective discharge of the duties of the office, and no person
shall be appointed purchasing agent unless he has served for at least 3
years in a responsible executive capacity requiring knowledge of and
experience in large scale purchasing activities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-16) (from Ch. 24, par. 8-10-16)
Sec. 8-10-16.
The purchasing agent may appoint the necessary employees of
his office in accordance with law. The number and salaries of such
employees shall be fixed by the corporate authorities. The purchasing agent
shall: (a) adopt, promulgate and from time to time revise rules and
regulations for the proper conduct of his office; (b) constitute the sole
agent of the municipality in contracting for labor, materials, services, or
work, the purchase, lease, or sale of personal property, materials,
equipment or supplies, in conformity with the provisions of this Division
10; (c) open all sealed bids; (d) determine the lowest or highest
responsible bidder, as the case may be, as required by this Division 10,
and purchase orders in conformity with this Division 10; (e) enforce
written specifications describing standards established in conformity with
this Division 10; (f) operate or require such physical, chemical or other
tests as may be necessary to insure conformity to such specifications with
respect to quality of materials; (g) exercise, or require, at central
storerooms or otherwise, such control as may be necessary to insure
conformity to contract provisions with respect to quantity; (h) distribute
or cause to be distributed, to the various requisitioning agencies of such
municipality, such supplies, materials or equipment, as may be purchased by
him; (i) transfer materials, supplies and equipment to or between the
various requisitioning agencies and to trade in, sell or dispose of such
materials, supplies or equipment as may become surplus, obsolete or
unusable; (j) control inventories and inventory records of all stocks of
materials, supplies and equipment of common usage contained in any central
or principal storeroom, stockyard or warehouse of such municipality; (k)
assume such related activities as may be assigned to him from time to time
by the mayor or the corporate authorities of such municipality, and (l)
submit to the mayor of such municipality an annual report faithfully
describing the activities of his office, which report shall be spread upon
the official public records of the corporate authorities of such
municipality or given comparable public distribution.
(Source: Laws 1967, p. 3599.)
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(65 ILCS 5/8-10-17) (from Ch. 24, par. 8-10-17)
Sec. 8-10-17.
The corporate authorities of any such municipality may
establish a revolving fund in such amount as may be necessary to enable the
purchasing agent to purchase items of common usage in advance of immediate
need, the revolving fund to be reimbursed from the annual appropriation of
the requisitioning agencies. Neither the purchasing agent, nor any officer
or employee of his office, nor any member of the board of standardization
hereinafter provided for, shall be financially interested, directly or
indirectly, in any purchase order or contract coming under the purview of
his official duties. The above named officials and employees are expressly
prohibited from accepting, directly or indirectly, from any person,
company, firm, or corporation to which any purchase order or contract may be
awarded, any rebate, gift, money, or anything of value whatsoever. Any
officer or employee, as above defined, convicted of violating this Section
shall be guilty of a business offense and shall be fined not to exceed
$10,000 and shall forfeit the right to his public office, trust, or
employment and shall be removed therefrom.
(Source: P.A. 103-154, eff. 6-30-23.)
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(65 ILCS 5/8-10-18) (from Ch. 24, par. 8-10-18)
Sec. 8-10-18.
No department, office, institution, commission, board, agency,
or instrumentality of any such municipality, or any officer or employee
thereof, shall be empowered to execute any purchase order or contract as
defined in Section 8-10-3 except as herein specifically authorized, but all
such purchase orders or contracts shall be executed by the purchasing agent
in conformity with the provisions of this Division 10.
(Source: P.A. 103-154, eff. 6-30-23.)
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(65 ILCS 5/8-10-19) (from Ch. 24, par. 8-10-19)
Sec. 8-10-19.
In all municipalities to which the provisions of this
Division 10 shall apply, there shall be a board of standardization, which
board shall be composed of the purchasing agent for such municipality, who
shall be chairman, and 6 other members who shall be appointed by the mayor
of such municipality. Three of the members shall be responsible heads of a
major office, department, institution, commission or board of such
municipality and shall receive no compensation for their services on the
board of standardization. The other 3 members may be officers or employees
of the municipality but only those such members who are not officers or
employees shall be entitled to receive such compensation as the corporate
authorities may provide. Any member, excepting the purchasing agent, may
deputize a proxy to act in his stead. The board of standardization shall
meet at least once each 2 calendar months upon notification by the chairman
at least 5 days in advance of the date announced for such meeting. Official
action of the board shall require the vote of a majority of all members of
the board. The chairman shall cause to be prepared a report faithfully
describing the proceedings of each meeting, which report shall be
transmitted to each member and shall be made available to the mayor and to
the corporate authorities, respectively, of such municipality within 5
days, excluding Sundays and legal holidays, subsequent to the date of the
meeting.
The board of standardization shall: (a) classify the requirements of
such municipality, including the departments, offices, institutions,
commissions and boards thereof, with respect to supplies, materials, and
equipment, of common usage, (b) adopt as standards, the smallest numbers of
the various qualities, sizes and varieties of such supplies, materials and
equipment as may be consistent with the efficient operation of such
municipal government, and (c) prepare, adopt, promulgate, and from time to
time revise, written specifications describing such standards.
Specifications describing in detail the physical, chemical and other
characteristics of supplies, material or equipment to be acquired by
purchase order or contract shall be prepared by the board of
standardization.
In the preparation or revision of standard specifications the board of
standardization shall solicit the advice, assistance and cooperation of the
several requisitioning agencies and shall be empowered to consult such
public or non-public laboratory or technical services as may be deemed
expedient. After adoption, each standard specification shall, until
rescinded, apply alike in terms and effect to every purchase or contract
for the purchase of any commodity, material, supply or equipment and shall
be made available to the public upon request.
(Source: Laws 1967, p. 3599.)
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(65 ILCS 5/8-10-20) (from Ch. 24, par. 8-10-20)
Sec. 8-10-20.
Official ordinances in conformity with the provisions of this
Division 10 shall be adopted by formal action of the corporate authorities
of such municipality and shall be published for the information of the
public.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-21) (from Ch. 24, par. 8-10-21)
Sec. 8-10-21.
Any purchase order or contract executed in violation of this
Division 10 shall be null and void as to the municipality and if public
funds shall have been expended thereupon the amount thereof may be
recovered in the name of the municipality in an appropriate action
instituted therefor.
An official who knowingly and intentionally lets a contract in violation of
the competitive bid requirements of this Division 10 forfeits his or her
office.
(Source: P.A. 89-405, eff. 11-8-95.)
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(65 ILCS 5/8-10-22) (from Ch. 24, par. 8-10-22)
Sec. 8-10-22.
Nothing contained in this Division 10 shall be deemed to
apply to the letting of contracts and accepting of bids for the
construction of local improvements pursuant to Division 2 of Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-23) (from Ch. 24, par. 8-10-23)
Sec. 8-10-23.
The comptroller of each municipality to which this Division
10 applies shall conduct audits of all expenditures incident to all
purchase orders and contracts awarded hereunder by the purchasing agent.
The comptroller shall make reports on such audits to the mayor and
corporate authorities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-24) (from Ch. 24, par. 8-10-24)
Sec. 8-10-24.
All specifications pertaining to the construction,
alteration, rehabilitation or repair of any real property of such
municipality shall be prepared by the engineering agency engaged in the
design of such construction, alteration, rehabilitation or repair, prior to
approval by the purchasing agent, and any such specification shall form a
part of any such purchase order or contract, and the performance,
inspection and testing of all such contracts shall be supervised by the
engineering agency designated in such contracts.
If after award of such contracts changes or modifications are
necessitated therein, such changes or modifications may be accomplished or
ordered in writing by the engineering agency, but if the costs thereof are
estimated to exceed $5,000 written approval of the purchasing agent must be
first obtained. A modification agreement therefor shall thereafter be
executed by the contractor, the mayor or his duly designated agent, by the
comptroller and by the purchasing agent.
(Source: Laws 1967, p. 3599.)
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(65 ILCS 5/8-10-25) (from Ch. 24, par. 8-10-25)
Sec. 8-10-25.
In the event of a conflict between the application of
this Division 10 of Article 8 and the application of "An Act concerning
municipalities, counties and other political subdivisions", enacted by the
85th General Assembly, the provisions of "An Act concerning municipalities,
counties and other political subdivisions" shall prevail.
(Source: P.A. 85-854.)
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(65 ILCS 5/8-10-26)
Sec. 8-10-26.
Long-term contracts.
Any municipality may enter into a
long-term energy
contract, even if the length of the contract would exceed the term of office of
the
corporate authorities that approved the contract.
(Source: P.A. 93-58, eff. 1-1-04.)
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(65 ILCS 5/Art. 8 Div. 11 heading) DIVISION 11.
CERTAIN REVENUE TAXES
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(65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1)
(Text of Section before amendment by P.A. 103-592)
Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax Act. The
corporate authorities of a home rule municipality may
impose a tax upon all persons engaged in the business of selling tangible
personal property, other than an item of tangible personal property titled
or registered with an agency of this State's government, at retail in the
municipality on the gross receipts from these sales made in
the course of such business. If imposed, the tax shall only
be imposed in 1/4% increments. On and after September 1, 1991, this
additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. The changes made to this Section by this amendatory Act of the 101st General Assembly are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. The tax imposed
by a home rule municipality under this Section and all
civil penalties that may be assessed as an incident of the tax shall
be collected and enforced by the State Department of
Revenue. The certificate of registration that is issued by
the Department to a retailer under the Retailers' Occupation Tax Act
shall permit the retailer to engage in a business that is taxable
under any ordinance or resolution enacted pursuant to
this Section without registering separately with the Department under such
ordinance or resolution or under this Section. The Department shall have
full power to administer and enforce this Section; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so collected in
the manner hereinafter provided; and to determine all rights to
credit memoranda arising on account of the erroneous payment of tax or
penalty hereunder. In the administration of, and compliance with, this
Section the Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers and duties,
and be subject to the same conditions, restrictions, limitations, penalties
and definitions of terms, and employ the same modes of procedure, as are
prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through
2-65 (in
respect to all provisions therein other than the State rate of tax), 2c, 3
(except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11,
12 and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those provisions were
set forth herein.
No tax may be imposed by a home rule municipality under this Section
unless the municipality also imposes a tax at the same rate under Section
8-11-5 of this Act.
Persons subject to any tax imposed under the authority granted in this
Section may reimburse themselves for their seller's tax liability hereunder
by separately stating that tax as an additional charge, which charge may be
stated in combination, in a single amount, with State tax which sellers are
required to collect under the Use Tax Act, pursuant to such bracket
schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
order to be drawn for the amount specified and to the person named
in the notification from the Department. The refund shall be paid by the
State Treasurer out of the home rule municipal retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate.
Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties collected
hereunder for deposit into the Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the disbursement of
stated sums of money to named municipalities, the municipalities to be
those from which retailers have paid taxes or penalties hereunder to the
Department during the second preceding calendar month. The amount to be
paid to each municipality shall be the amount (not including credit
memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar month
by the Department plus an amount the Department determines is necessary to
offset any amounts that were erroneously paid to a different
taxing body, and not including an amount equal to the amount of refunds
made during the second preceding calendar month by the Department on
behalf of such municipality, and not including any amount that the Department
determines is necessary to offset any amounts that were payable to a
different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within
10 days after receipt by the Comptroller of the disbursement certification
to the municipalities and the Tax Compliance and Administration Fund provided for in this Section to be given to the
Comptroller by the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the directions
contained in the certification.
In addition to the disbursement required by the preceding paragraph and
in order to mitigate delays caused by distribution procedures, an
allocation shall, if requested, be made within 10 days after January 14,
1991, and in November of 1991 and each year thereafter, to each
municipality that received more than $500,000 during the preceding fiscal
year, (July 1 through June 30) whether collected by the municipality or
disbursed by the Department as required by this Section. Within 10 days
after January 14, 1991, participating municipalities shall notify the
Department in writing of their intent to participate. In addition, for the
initial distribution, participating municipalities shall certify to the
Department the amounts collected by the municipality for each month under
its home rule occupation and service occupation tax during the period July
1, 1989 through June 30, 1990. The allocation within 10 days after January
14, 1991, shall be in an amount equal to the monthly average of these
amounts, excluding the 2 months of highest receipts. The monthly average
for the period of July 1, 1990 through June 30, 1991 will be determined as
follows: the amounts collected by the municipality under its home rule
occupation and service occupation tax during the period of July 1, 1990
through September 30, 1990, plus amounts collected by the Department and
paid to such municipality through June 30, 1991, excluding the 2 months of
highest receipts. The monthly average for each subsequent period of July 1
through June 30 shall be an amount equal to the monthly distribution made
to each such municipality under the preceding paragraph during this period,
excluding the 2 months of highest receipts. The distribution made in
November 1991 and each year thereafter under this paragraph and the
preceding paragraph shall be reduced by the amount allocated and disbursed
under this paragraph in the preceding period of July 1 through June 30.
The Department shall prepare and certify to the Comptroller for
disbursement the allocations made in accordance with this paragraph.
For the purpose of determining the local governmental unit whose tax
is applicable, a retail sale by a producer of coal or other mineral
mined in Illinois is a sale at retail at the place where the coal or
other mineral mined in Illinois is extracted from the earth. This
paragraph does not apply to coal or other mineral when it is delivered
or shipped by the seller to the purchaser at a point outside Illinois so
that the sale is exempt under the United States Constitution as a sale in
interstate or foreign commerce.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may not be
made the subject of taxation by this State.
An ordinance or resolution imposing or discontinuing a tax hereunder or
effecting a change in the rate thereof shall be adopted and a certified
copy thereof filed with the Department on or before the first day of June,
whereupon the Department shall proceed to administer and enforce this
Section as of the first day of September next following the
adoption and filing. Beginning January 1, 1992, an ordinance or resolution
imposing or discontinuing the tax hereunder or effecting a change in the
rate thereof shall be adopted and a certified copy thereof filed with the
Department on or before the first day of July, whereupon the Department
shall proceed to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning January 1, 1993,
an ordinance or resolution imposing or discontinuing the tax hereunder or
effecting a change in the rate thereof shall be adopted and a certified
copy thereof filed with the Department on or before the first day of
October, whereupon the Department shall proceed to administer and enforce
this Section as of the first day of January next following the
adoption and filing.
However, a municipality located in a county with a population in excess of
3,000,000 that elected to become a home rule unit at the general primary
election in
1994 may adopt an ordinance or resolution imposing the tax under this Section
and file a certified copy of the ordinance or resolution with the Department on
or before July 1, 1994. The Department shall then proceed to administer and
enforce this Section as of October 1, 1994.
Beginning April 1, 1998, an ordinance or
resolution imposing or
discontinuing the tax hereunder or effecting a change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with the Department on
or
before the first day of April, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of July next following
the adoption and filing; or (ii) be adopted and a certified copy thereof filed
with the Department on or before the first day of October, whereupon the
Department shall proceed to administer and enforce this Section as of the first
day of January next following the adoption and filing.
When certifying the amount of a monthly disbursement to a municipality
under this Section, the Department shall increase or decrease the amount by
an amount necessary to offset any misallocation of previous disbursements.
The offset amount shall be the amount erroneously disbursed
within the previous 6 months from the time a misallocation is discovered.
Any unobligated balance remaining in the Municipal Retailers' Occupation
Tax Fund on December 31, 1989, which fund was abolished by Public Act
85-1135, and all receipts of municipal tax as a result of audits of
liability periods prior to January 1, 1990, shall be paid into the Local
Government Tax Fund for distribution as provided by this Section prior to
the enactment of Public Act 85-1135. All receipts of municipal tax as a
result of an assessment not arising from an audit, for liability periods
prior to January 1, 1990, shall be paid into the Local Government Tax Fund
for distribution before July 1, 1990, as provided by this Section prior to
the enactment of Public Act 85-1135; and on and after July 1,
1990, all such receipts shall be distributed as provided in Section
6z-18 of the State Finance Act.
As used in this Section, "municipal" and "municipality" means a city,
village or incorporated town, including an incorporated town that has
superseded a civil township.
This Section shall be known and may be cited as the Home Rule Municipal
Retailers' Occupation Tax Act.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
(Text of Section after amendment by P.A. 103-592) Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax Act. The corporate authorities of a home rule municipality may impose a tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the municipality on the gross receipts from these sales made in the course of such business. If imposed, the tax shall only be imposed in 1/4% increments. On and after September 1, 1991, this additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. The changes made to this Section by this amendatory Act of the 101st General Assembly are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. The tax imposed by a home rule municipality under this Section and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the State Department of Revenue. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. No tax may be imposed by a home rule municipality under this Section unless the municipality also imposes a tax at the same rate under Section 8-11-5 of this Act. If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the home rule municipal retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. In addition to the disbursement required by the preceding paragraph and in order to mitigate delays caused by distribution procedures, an allocation shall, if requested, be made within 10 days after January 14, 1991, and in November of 1991 and each year thereafter, to each municipality that received more than $500,000 during the preceding fiscal year, (July 1 through June 30) whether collected by the municipality or disbursed by the Department as required by this Section. Within 10 days after January 14, 1991, participating municipalities shall notify the Department in writing of their intent to participate. In addition, for the initial distribution, participating municipalities shall certify to the Department the amounts collected by the municipality for each month under its home rule occupation and service occupation tax during the period July 1, 1989 through June 30, 1990. The allocation within 10 days after January 14, 1991, shall be in an amount equal to the monthly average of these amounts, excluding the 2 months of highest receipts. The monthly average for the period of July 1, 1990 through June 30, 1991 will be determined as follows: the amounts collected by the municipality under its home rule occupation and service occupation tax during the period of July 1, 1990 through September 30, 1990, plus amounts collected by the Department and paid to such municipality through June 30, 1991, excluding the 2 months of highest receipts. The monthly average for each subsequent period of July 1 through June 30 shall be an amount equal to the monthly distribution made to each such municipality under the preceding paragraph during this period, excluding the 2 months of highest receipts. The distribution made in November 1991 and each year thereafter under this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding period of July 1 through June 30. The Department shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph. For the purpose of determining the local governmental unit whose tax is applicable, a retail sale by a producer of coal or other mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce. Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. An ordinance or resolution imposing or discontinuing a tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of June, whereupon the Department shall proceed to administer and enforce this Section as of the first day of September next following the adoption and filing. Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing. Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. However, a municipality located in a county with a population in excess of 3,000,000 that elected to become a home rule unit at the general primary election in 1994 may adopt an ordinance or resolution imposing the tax under this Section and file a certified copy of the ordinance or resolution with the Department on or before July 1, 1994. The Department shall then proceed to administer and enforce this Section as of October 1, 1994. Beginning April 1, 1998, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. When certifying the amount of a monthly disbursement to a municipality under this Section, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. Any unobligated balance remaining in the Municipal Retailers' Occupation Tax Fund on December 31, 1989, which fund was abolished by Public Act 85-1135, and all receipts of municipal tax as a result of audits of liability periods prior to January 1, 1990, shall be paid into the Local Government Tax Fund for distribution as provided by this Section prior to the enactment of Public Act 85-1135. All receipts of municipal tax as a result of an assessment not arising from an audit, for liability periods prior to January 1, 1990, shall be paid into the Local Government Tax Fund for distribution before July 1, 1990, as provided by this Section prior to the enactment of Public Act 85-1135; and on and after July 1, 1990, all such receipts shall be distributed as provided in Section 6z-18 of the State Finance Act. As used in this Section, "municipal" and "municipality" means a city, village or incorporated town, including an incorporated town that has superseded a civil township. This Section shall be known and may be cited as the Home Rule Municipal Retailers' Occupation Tax Act.(Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(65 ILCS 5/8-11-1.1) (from Ch. 24, par. 8-11-1.1) Sec. 8-11-1.1. Non-home rule municipalities; imposition of taxes. (a) The corporate authorities of a non-home rule municipality may impose by ordinance or resolution the taxes authorized in Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. (b) (Blank). (c) Until January 1, 1992, an ordinance or resolution imposing the tax of not more than 1% hereunder or discontinuing the same shall be adopted and a certified copy thereof, together with a certification that the ordinance or resolution received referendum approval in the case of the imposition of such tax, filed with the Department of Revenue, on or before the first day of June, whereupon the Department shall proceed to administer and enforce the additional tax or to discontinue the tax, as the case may be, as of the first day of September next following such adoption and filing. Beginning January 1, 1992 and through December 31, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing. Beginning January 1, 1993, and through September 30, 2002, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing. Beginning October 1, 2002, and through December 31, 2013, an ordinance or resolution imposing or discontinuing the tax under this Section or effecting a change in the rate of tax must either (i) be adopted and a certified copy of the ordinance or resolution filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy of the ordinance or resolution filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. Beginning January 1, 2014, if an ordinance or resolution imposing the tax under this Section, discontinuing the tax under this Section, or effecting a change in the rate of tax under this Section is adopted, a certified copy thereof shall be filed with the Department of Revenue, either (i) on or before the first day of May, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. Notwithstanding any provision in this Section to the contrary, if, in a non-home rule municipality with more than 150,000 but fewer than 200,000 inhabitants, as determined by the last preceding federal decennial census, an ordinance or resolution under this Section imposes or discontinues a tax or changes the tax rate as of July 1, 2007, then that ordinance or resolution, together with a certification that the ordinance or resolution received referendum approval in the case of the imposition of the tax, must be adopted and a certified copy of that ordinance or resolution must be filed with the Department on or before May 15, 2007, whereupon the Department shall proceed to administer and enforce this Section as of July 1, 2007. Notwithstanding any provision in this Section to the contrary, if, in a non-home rule municipality with more than 6,500 but fewer than 7,000 inhabitants, as determined by the last preceding federal decennial census, an ordinance or resolution under this Section imposes or discontinues a tax or changes the tax rate on or before May 20, 2009, then that ordinance or resolution, together with a certification that the ordinance or resolution received referendum approval in the case of the imposition of the tax, must be adopted and a certified copy of that ordinance or resolution must be filed with the Department on or before May 20, 2009, whereupon the Department shall proceed to administer and enforce this Section as of July 1, 2009. A non-home rule municipality may file a certified copy of an ordinance or resolution with the Department of Revenue, as required under this Section, only after October 2, 2000. The tax authorized by this Section may not be more than 1% and may be imposed only in 1/4% increments.(Source: P.A. 103-781, eff. 8-5-24.) |
(65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2)
Sec. 8-11-1.2. Definition. As used in Sections 8-11-1.3,
8-11-1.4 and 8-11-1.5 of this Act:
(a) "Public infrastructure" means
municipal roads and streets, access roads, bridges, and sidewalks; waste
disposal systems; and water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention facilities,
and sewage treatment facilities.
For purposes of referenda authorizing the
imposition of taxes by the City of DuQuoin under Sections 8-11-1.3, 8-11-1.4,
and 8-11-1.5 of this
Act
that are approved in November, 2002, or for purposes of referenda authorizing the
imposition of taxes by the Village of Forsyth under Sections 8-11-1.3, 8-11-1.4,
and 8-11-1.5 of this
Act
that are approved after the effective date of this amendatory Act of the 94th General Assembly,
"public infrastructure" shall also
include public schools.
(b) "Property tax relief" means the action of a municipality to reduce the
levy for real estate taxes or avoid an increase in the levy for real estate
taxes that would otherwise have been required. Property tax relief or the
avoidance of property tax must uniformly apply to all classes of property.
(Source: P.A. 94-1078, eff. 1-9-07; 95-331, eff. 8-21-07.)
|
(65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
(Text of Section before amendment by P.A. 103-592)
Sec. 8-11-1.3. Non-Home Rule Municipal Retailers' Occupation Tax Act. The corporate authorities of a non-home rule municipality may impose
a tax upon all persons engaged in the business of selling tangible
personal property, other than on an item of tangible personal property
which is titled and registered by an agency of this State's Government,
at retail in the municipality for expenditure on
public infrastructure or for property tax relief or both as defined in
Section 8-11-1.2 if approved by
referendum as provided in Section 8-11-1.1, of the gross receipts from such
sales made in the course of such business.
If the tax is approved by referendum on or after July 14, 2010 (the effective date of Public Act 96-1057), the corporate authorities of a non-home rule municipality may, until July 1, 2030, use the proceeds of the tax for expenditure on municipal operations, in addition to or in lieu of any expenditure on public infrastructure or for property tax relief. The tax imposed may not be more than 1% and may be imposed only in
1/4% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality.
The tax imposed by a
municipality pursuant to this Section and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by the
State Department of Revenue. The certificate of registration which is
issued by the Department to a retailer under the Retailers' Occupation Tax
Act shall permit such retailer to engage in a business which is taxable
under any ordinance or resolution enacted pursuant to
this Section without registering separately with the Department under
such ordinance or resolution or under this Section. The Department
shall have full power to administer and enforce this Section; to collect
all taxes and penalties due hereunder; to dispose of taxes and penalties
so collected in the manner hereinafter provided, and to determine all
rights to credit memoranda, arising on account of the erroneous payment
of tax or penalty hereunder. In the administration of, and compliance
with, this Section, the Department and persons who are subject to this
Section shall have the same rights, remedies, privileges, immunities,
powers and duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same
modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e,
1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than
the State rate of tax), 2c, 3 (except as to the disposition of taxes and
penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the Retailers'
Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest
Act as fully as if those provisions were set forth herein.
No municipality may impose a tax under this Section unless the municipality
also imposes a tax at the same rate under Section 8-11-1.4 of this Code.
Persons subject to any tax imposed pursuant to the authority granted
in this Section may reimburse themselves for their seller's tax
liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount,
with State tax which sellers are required to collect under the Use Tax
Act, pursuant to such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
order to be drawn for the amount specified, and to the person named,
in such notification from the Department. Such refund shall be paid by
the State Treasurer out of the non-home rule municipal retailers'
occupation tax fund or the Local Government Aviation Trust Fund, as appropriate.
Except as otherwise provided, the Department shall forthwith pay over to the State Treasurer, ex
officio, as trustee, all taxes and penalties collected hereunder for deposit into the Non-Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or
before the 25th day of each calendar month, the Department shall
prepare and certify to the Comptroller the disbursement of stated sums
of money to named municipalities, the municipalities to be those from
which retailers have paid taxes or penalties hereunder to the Department
during the second preceding calendar month. The amount to be paid to each
municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected
hereunder during the second preceding calendar month by the Department plus
an amount the Department determines is necessary to offset any amounts
which were erroneously paid to a different taxing body, and not including
an amount equal to the amount of refunds made during the second preceding
calendar month by the Department on behalf of such municipality, and not
including any amount which the Department determines is necessary to offset
any amounts which were payable to a different taxing body but were
erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the municipalities and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained in such
certification.
For the purpose of determining the local governmental unit whose tax
is applicable, a retail sale, by a producer of coal or other mineral
mined in Illinois, is a sale at retail at the place where the coal or
other mineral mined in Illinois is extracted from the earth. This
paragraph does not apply to coal or other mineral when it is delivered
or shipped by the seller to the purchaser at a point outside Illinois so
that the sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in any
business which under the constitution of the United States may not be
made the subject of taxation by this State.
When certifying the amount of a monthly disbursement to a municipality
under this Section, the Department shall increase or decrease such amount
by an amount necessary to offset any misallocation of previous
disbursements. The offset amount shall be the amount erroneously disbursed
within the previous 6 months from the time a misallocation is discovered.
The Department of Revenue shall implement Public Act 91-649 so as to collect the tax on and after January 1, 2002.
As used in this Section, "municipal" and "municipality" mean a city,
village, or incorporated town, including an incorporated town which has
superseded a civil township.
This Section shall be known and may be cited as the Non-Home Rule
Municipal Retailers' Occupation Tax Act.
(Source: P.A. 101-10, eff. 6-5-19; 101-47, eff. 1-1-20; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
(Text of Section after amendment by P.A. 103-592) Sec. 8-11-1.3. Non-Home Rule Municipal Retailers' Occupation Tax Act. The corporate authorities of a non-home rule municipality may impose a tax upon all persons engaged in the business of selling tangible personal property, other than on an item of tangible personal property which is titled and registered by an agency of this State's Government, at retail in the municipality for expenditure on public infrastructure or for property tax relief or both as defined in Section 8-11-1.2 if approved by referendum as provided in Section 8-11-1.1, of the gross receipts from such sales made in the course of such business. If the tax is approved by referendum on or after July 14, 2010 (the effective date of Public Act 96-1057), the corporate authorities of a non-home rule municipality may, until July 1, 2030, use the proceeds of the tax for expenditure on municipal operations, in addition to or in lieu of any expenditure on public infrastructure or for property tax relief. The tax imposed may not be more than 1% and may be imposed only in 1/4% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. The tax imposed by a municipality pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit such retailer to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as fully as if those provisions were set forth herein. No municipality may impose a tax under this Section unless the municipality also imposes a tax at the same rate under Section 8-11-1.4 of this Code. If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the non-home rule municipal retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided, the Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Non-Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts which were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount which the Department determines is necessary to offset any amounts which were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification. For the purpose of determining the local governmental unit whose tax is applicable, a retail sale, by a producer of coal or other mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the Federal Constitution as a sale in interstate or foreign commerce. Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the constitution of the United States may not be made the subject of taxation by this State. When certifying the amount of a monthly disbursement to a municipality under this Section, the Department shall increase or decrease such amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. The Department of Revenue shall implement Public Act 91-649 so as to collect the tax on and after January 1, 2002. As used in this Section, "municipal" and "municipality" mean a city, village, or incorporated town, including an incorporated town which has superseded a civil township. This Section shall be known and may be cited as the Non-Home Rule Municipal Retailers' Occupation Tax Act.(Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)
(Text of Section before amendment by P.A. 103-592)
Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation Tax Act. The
corporate authorities of a non-home rule municipality may impose a
tax upon all persons engaged, in such municipality, in the business of
making sales of service for expenditure on
public infrastructure or for property tax relief or both as defined in
Section 8-11-1.2 if approved by
referendum as provided in Section 8-11-1.1, of the selling price of
all tangible personal property transferred by such servicemen either in
the form of tangible personal property or in the form of real estate as
an incident to a sale of service.
If the tax is approved by referendum on or after July 14, 2010 (the effective date of Public Act 96-1057), the corporate authorities of a non-home rule municipality may, until December 31, 2030, use the proceeds of the tax for expenditure on municipal operations, in addition to or in lieu of any expenditure on public infrastructure or for property tax relief. The tax imposed may not be more than 1% and may be imposed only in
1/4% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality.
The tax imposed by a municipality
pursuant to this Section and all civil penalties that may be assessed as
an incident thereof shall be collected and enforced by the State
Department of Revenue. The certificate of registration which is issued
by the Department to a retailer under the Retailers' Occupation Tax
Act or under the Service Occupation Tax Act shall permit
such registrant to engage in a business which is taxable under any
ordinance or resolution enacted pursuant to this Section without
registering separately with the Department under such ordinance or
resolution or under this Section. The Department shall have full power
to administer and enforce this Section; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so collected
in the manner hereinafter provided, and to determine all rights to
credit memoranda arising on account of the erroneous payment of tax or
penalty hereunder. In the administration of, and compliance with, this
Section the Department and persons who are subject to this Section
shall have the same rights, remedies, privileges, immunities, powers and
duties, and be subject to the same conditions, restrictions, limitations,
penalties and definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to
all provisions therein other than the State rate of tax), 4 (except that
the reference to the State shall be to the taxing municipality), 5, 7, 8
(except that the jurisdiction to which the tax shall be a debt to the
extent indicated in that Section 8 shall be the taxing municipality), 9
(except as to the disposition of taxes and penalties collected, and except
that the returned merchandise credit for this municipal tax may not be
taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to
Section 2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the taxing municipality), the first
paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation
Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
No municipality may impose a tax under this Section unless the municipality
also imposes a tax at the same rate under Section 8-11-1.3 of this Code.
Persons subject to any tax imposed pursuant to the authority granted
in this Section may reimburse themselves for their serviceman's tax
liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount,
with State tax which servicemen are authorized to collect under the
Service Use Tax Act, pursuant to such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
order to be drawn for the amount specified, and to the person named,
in such notification from the Department. Such refund shall be paid by
the State Treasurer out of the municipal retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate.
Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer,
ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the municipal retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on
or before the 25th day of each calendar month, the Department shall
prepare and certify to the Comptroller the disbursement of stated sums
of money to named municipalities, the municipalities to be those from
which suppliers and servicemen have paid taxes or penalties hereunder to
the Department during the second preceding calendar month. The amount
to be paid to each municipality shall be the amount (not including credit
memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar
month by the Department, and not including an amount equal to the amount
of refunds made during the second preceding calendar month by the
Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days
after receipt, by the Comptroller, of the disbursement certification to
the municipalities, the General Revenue Fund, and the Tax Compliance and Administration Fund provided for in this
Section to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the respective
amounts in accordance with the directions contained in such
certification.
The Department of Revenue shall implement Public Act 91-649 so as to collect the tax on and after January 1, 2002.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in any
business which under the constitution of the United States may not be
made the subject of taxation by this State.
As used in this Section, "municipal" or "municipality" means or refers to
a city, village or incorporated town, including an incorporated town which
has superseded a civil township.
This Section shall be known and may be cited as the "Non-Home Rule Municipal
Service Occupation Tax Act".
(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23.)
(Text of Section after amendment by P.A. 103-592) Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation Tax Act. The corporate authorities of a non-home rule municipality may impose a tax upon all persons engaged, in such municipality, in the business of making sales of service for expenditure on public infrastructure or for property tax relief or both as defined in Section 8-11-1.2 if approved by referendum as provided in Section 8-11-1.1, of the selling price of all tangible personal property transferred by such servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. If the tax is approved by referendum on or after July 14, 2010 (the effective date of Public Act 96-1057), the corporate authorities of a non-home rule municipality may, until December 31, 2030, use the proceeds of the tax for expenditure on municipal operations, in addition to or in lieu of any expenditure on public infrastructure or for property tax relief. The tax imposed may not be more than 1% and may be imposed only in 1/4% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. The tax imposed by a municipality pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided, and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the taxing municipality), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this municipal tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing municipality), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. No municipality may impose a tax under this Section unless the municipality also imposes a tax at the same rate under Section 8-11-1.3 of this Code. If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their serviceman's tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which servicemen are authorized to collect under the Service Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the municipal retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the municipal retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which suppliers and servicemen have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities, the General Revenue Fund, and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification. The Department of Revenue shall implement Public Act 91-649 so as to collect the tax on and after January 1, 2002. Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the constitution of the United States may not be made the subject of taxation by this State. As used in this Section, "municipal" or "municipality" means or refers to a city, village or incorporated town, including an incorporated town which has superseded a civil township. This Section shall be known and may be cited as the "Non-Home Rule Municipal Service Occupation Tax Act".(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23; 103-592, eff. 1-1-25.) |
(65 ILCS 5/8-11-1.5) (from Ch. 24, par. 8-11-1.5)
Sec. 8-11-1.5. Non-Home Rule Municipal Use Tax Act. The corporate
authorities of a non-home rule municipality may impose a
tax upon the privilege of using, in such municipality, any item of tangible
personal property which is purchased at retail from a retailer, and which is
titled or registered with an agency of this State's government, based on the selling price of such tangible personal
property, as "selling price" is defined in the Use Tax Act, for expenditure
on public infrastructure or for property tax relief or both as defined in
Section 8-11-1.2, if approved by
referendum as provided in Section 8-11-1.1. If the tax is approved by referendum on or after the effective date of this amendatory Act of the 96th General Assembly, the corporate authorities of a non-home rule municipality may, until December 31, 2030, use the proceeds of the tax for expenditure on municipal operations, in addition to or in lieu of any expenditure on public infrastructure or for property tax relief. The tax imposed may not be more
than 1% and may be imposed only in 1/4% increments. Such tax shall
be
collected from persons whose Illinois address for title or registration
purposes is given as being in such municipality. Such tax shall be
collected by the municipality imposing such tax.
A non-home rule municipality may not
impose and collect the tax prior to January 1, 2002.
This Section shall be known and may be cited as the "Non-Home Rule
Municipal Use Tax Act".
(Source: P.A. 103-9, eff. 6-7-23.)
|
(65 ILCS 5/8-11-1.6)
(Text of Section before amendment by P.A. 103-592)
Sec. 8-11-1.6. Non-home rule municipal retailers' occupation tax;
municipalities between 20,000 and 25,000. The
corporate
authorities of a non-home rule municipality with a population of more than
20,000 but less than 25,000 that has, prior to January 1, 1987, established a
Redevelopment Project Area that has been certified as a State Sales Tax
Boundary and has issued bonds or otherwise incurred indebtedness to pay for
costs in excess of $5,000,000, which is secured in part by a tax increment
allocation fund, in accordance with the provisions of Division 11-74.4 of this
Code may, by passage of an ordinance, impose a tax upon all persons engaged in
the business of selling tangible personal property, other than on an item of
tangible personal property that is titled and registered by an agency of this
State's Government, at retail in the municipality. This tax may not be
imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality.
If imposed, the tax shall
only be imposed in .25% increments of the gross receipts from such sales made
in the course of business. Any tax imposed by a municipality under this Section
and all civil penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. An ordinance
imposing a tax hereunder or effecting a change in the rate
thereof shall be adopted and a certified copy thereof filed with the Department
on or before the first day of October, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of January next
following such adoption and filing. The certificate of registration that is
issued by the Department to a retailer under the Retailers' Occupation Tax Act
shall permit the retailer to engage in a business that is taxable under any
ordinance or resolution enacted under this Section without registering
separately with the Department under the ordinance or resolution or under this
Section. The Department shall have full power to administer and enforce this
Section, to collect all taxes and penalties due hereunder, to dispose of taxes
and penalties so collected in the manner hereinafter provided, and to determine
all rights to credit memoranda, arising on account of the erroneous payment of
tax or penalty hereunder. In the administration of, and compliance with
this Section, the Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers, and duties, and
be subject to the same conditions, restrictions, limitations, penalties, and
definitions of terms, and employ the same modes of procedure, as are prescribed
in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions therein other than the State rate of tax), 2c, 3 (except as to the
disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and
Interest Act as fully as if those provisions were set forth herein.
A tax may not be imposed by a municipality under this Section unless the
municipality also imposes a tax at the same rate under Section 8-11-1.7 of this
Act.
Persons subject to any tax imposed under the authority granted in this
Section may reimburse themselves for their seller's tax liability hereunder by
separately stating the tax as an additional charge, which charge may be stated
in combination, in a single amount, with State tax which sellers are required
to collect under the Use Tax Act, pursuant to such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made under this
Section to a claimant, instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order to be drawn for
the amount specified, and to the person named in the notification from the
Department. The refund shall be paid by the State Treasurer out of the
Non-Home Rule Municipal Retailers' Occupation Tax Fund, which is hereby
created or the Local Government Aviation Trust Fund, as appropriate.
Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio,
as trustee, all taxes and penalties collected hereunder for deposit into the Non-Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th
day of each calendar month, the Department shall prepare and certify to the
Comptroller the disbursement of stated sums of money to named municipalities,
the municipalities to be those from which retailers have paid taxes or
penalties hereunder to the Department during the second preceding calendar
month. The amount to be paid to each municipality shall be the amount (not
including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding
calendar month by the Department plus an amount the Department determines is
necessary to offset any amounts that were erroneously paid to a different
taxing body, and not including an amount equal to the amount of refunds made
during the second preceding calendar month by the Department on behalf of the
municipality, and not including any amount that the Department determines is
necessary to offset any amounts that were payable to a different taxing body
but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt
by the Comptroller of the disbursement certification to the municipalities
and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for the respective amounts
in accordance with the directions contained in the certification.
For the purpose of determining the local governmental unit whose tax is
applicable, a retail sale by a producer of coal or other mineral mined in
Illinois is a sale at retail at the place where the coal or other mineral
mined in Illinois is extracted from the earth. This paragraph does not apply
to coal or other mineral when it is delivered or shipped by the seller to the
purchaser at a point outside Illinois so that the sale is exempt under the
federal Constitution as a sale in interstate or foreign commerce.
Nothing in this Section shall be construed to authorize a municipality to
impose a tax upon the privilege of engaging in any business which under the
constitution of the United States may not be made the subject of taxation by
this State.
When certifying the amount of a monthly disbursement to a municipality under
this Section, the Department shall increase or decrease the amount by an
amount necessary to offset any misallocation of previous disbursements. The
offset amount shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
As used in this Section, "municipal" and "municipality" means a city,
village, or incorporated town, including an incorporated town that has
superseded a civil township.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
(Text of Section after amendment by P.A. 103-592) Sec. 8-11-1.6. Non-home rule municipal retailers' occupation tax; municipalities between 20,000 and 25,000. The corporate authorities of a non-home rule municipality with a population of more than 20,000 but less than 25,000 that has, prior to January 1, 1987, established a Redevelopment Project Area that has been certified as a State Sales Tax Boundary and has issued bonds or otherwise incurred indebtedness to pay for costs in excess of $5,000,000, which is secured in part by a tax increment allocation fund, in accordance with the provisions of Division 11-74.4 of this Code may, by passage of an ordinance, impose a tax upon all persons engaged in the business of selling tangible personal property, other than on an item of tangible personal property that is titled and registered by an agency of this State's Government, at retail in the municipality. This tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. If imposed, the tax shall only be imposed in .25% increments of the gross receipts from such sales made in the course of business. Any tax imposed by a municipality under this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. An ordinance imposing a tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted under this Section without registering separately with the Department under the ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section, to collect all taxes and penalties due hereunder, to dispose of taxes and penalties so collected in the manner hereinafter provided, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as fully as if those provisions were set forth herein. A tax may not be imposed by a municipality under this Section unless the municipality also imposes a tax at the same rate under Section 8-11-1.7 of this Act. If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant, instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the Non-Home Rule Municipal Retailers' Occupation Tax Fund, which is hereby created or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Non-Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. For the purpose of determining the local governmental unit whose tax is applicable, a retail sale by a producer of coal or other mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the federal Constitution as a sale in interstate or foreign commerce. Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the constitution of the United States may not be made the subject of taxation by this State. When certifying the amount of a monthly disbursement to a municipality under this Section, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. As used in this Section, "municipal" and "municipality" means a city, village, or incorporated town, including an incorporated town that has superseded a civil township.(Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(65 ILCS 5/8-11-1.7)
(Text of Section before amendment by P.A. 103-592)
Sec. 8-11-1.7. Non-home rule municipal service occupation tax;
municipalities between 20,000 and 25,000. The corporate authorities of a
non-home rule municipality
with a population of more than 20,000 but less than 25,000 as determined by the
last preceding decennial census that has, prior to January 1, 1987, established
a Redevelopment Project Area that has been certified as a State Sales Tax
Boundary and has issued bonds or otherwise incurred indebtedness to pay for
costs in excess of $5,000,000, which is secured in part by a tax increment
allocation fund, in accordance with the provisions of Division 11-74.4 of this
Code may, by passage of an ordinance, impose a tax upon all persons engaged in
the municipality in the business of making sales of service. If imposed, the
tax shall only be imposed in .25% increments of the selling price of all
tangible personal property transferred by such servicemen either in the form of
tangible personal property or in the form of real estate as an incident to a
sale of service.
This tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality.
The tax imposed by a municipality under this Section and all
civil penalties that may be assessed as an incident thereof shall be collected
and enforced by the State Department of Revenue. An ordinance
imposing a tax hereunder or effecting a change in the rate
thereof shall be adopted and a certified copy thereof filed with the Department
on or before the first day of October, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of January next
following such adoption and filing. The certificate of
registration that is issued by the Department to a retailer
under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is taxable under any
ordinance or resolution enacted under this Section without registering
separately with the Department under the ordinance or resolution or under this
Section. The Department shall have full power to administer and enforce this
Section, to collect all taxes and penalties due hereunder, to dispose of taxes
and penalties so collected in a manner hereinafter provided, and to determine
all rights to credit memoranda arising on account of the erroneous payment of
tax or penalty hereunder. In the administration of and compliance with this
Section, the Department and persons who are subject to this Section shall have
the same rights, remedies, privileges, immunities, powers, and duties, and be
subject to the same conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure, as are prescribed
in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein
other than the State rate of tax), 4 (except that the reference to the State
shall be to the taxing municipality), 5, 7, 8 (except that the jurisdiction to
which the tax shall be a debt to the extent indicated in that Section 8 shall
be the taxing municipality), 9 (except as to the disposition of taxes and
penalties collected, and except that the returned merchandise credit for this
municipal tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12, (except the
reference therein to Section 2b of the Retailers' Occupation Tax Act), 13
(except that any reference to the State shall mean the taxing municipality),
the first paragraph of Sections 15, 16, 17, 18, 19, and 20 of the Service
Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as
fully as if those provisions were set forth herein.
A tax may not be imposed by a municipality under this Section unless the
municipality also imposes a tax at the same rate under Section 8-11-1.6 of this
Act.
Person subject to any tax imposed under the authority granted in this Section
may reimburse themselves for their servicemen's tax liability hereunder by
separately stating the tax as an additional charge, which charge may be stated
in combination, in a single amount, with State tax that servicemen are
authorized to collect under the Service Use Tax Act, under such bracket
schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under this
Section to a claimant instead of issuing credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order to be drawn for
the amount specified, and to the person named, in such notification from the
Department. The refund shall be paid by the State Treasurer out of the
Non-Home Rule Municipal Retailers' Occupation Tax Fund or the Local Government Aviation Trust Fund, as appropriate.
Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio,
as trustee, all taxes and penalties collected hereunder for deposit into the Non-Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th
day of each calendar month, the Department shall prepare and certify to the
Comptroller the disbursement of stated sums of money to named municipalities,
the municipalities to be those from which suppliers and servicemen have paid
taxes or penalties hereunder to the Department during the second preceding
calendar month. The amount to be paid to each municipality shall be the amount
(not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second
preceding calendar month by the Department, and not including an amount equal
to the amount of refunds made during the second preceding calendar month by the
Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt by the
Comptroller of the disbursement certification to the municipalities, the Tax Compliance and Administration Fund, and the
General Revenue Fund, provided for in this Section to be given to the
Comptroller by the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the directions contained in
the certification.
When certifying the amount of a monthly disbursement to a municipality
under this Section, the Department shall increase or decrease the amount by an
amount necessary to offset any misallocation of previous disbursements. The
offset amount shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
Nothing in this Section shall be construed to authorize a municipality to
impose a tax upon the privilege of engaging in any business which under the
constitution of the United States may not be made the subject of taxation by
this State.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
(Text of Section after amendment by P.A. 103-592) Sec. 8-11-1.7. Non-home rule municipal service occupation tax; municipalities between 20,000 and 25,000. The corporate authorities of a non-home rule municipality with a population of more than 20,000 but less than 25,000 as determined by the last preceding decennial census that has, prior to January 1, 1987, established a Redevelopment Project Area that has been certified as a State Sales Tax Boundary and has issued bonds or otherwise incurred indebtedness to pay for costs in excess of $5,000,000, which is secured in part by a tax increment allocation fund, in accordance with the provisions of Division 11-74.4 of this Code may, by passage of an ordinance, impose a tax upon all persons engaged in the municipality in the business of making sales of service. If imposed, the tax shall only be imposed in .25% increments of the selling price of all tangible personal property transferred by such servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. This tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. The tax imposed by a municipality under this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. An ordinance imposing a tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxable under any ordinance or resolution enacted under this Section without registering separately with the Department under the ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section, to collect all taxes and penalties due hereunder, to dispose of taxes and penalties so collected in a manner hereinafter provided, and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the taxing municipality), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this municipal tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12, (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing municipality), the first paragraph of Sections 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. A tax may not be imposed by a municipality under this Section unless the municipality also imposes a tax at the same rate under Section 8-11-1.6 of this Act. If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. Person subject to any tax imposed under the authority granted in this Section may reimburse themselves for their servicemen's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, under such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. The refund shall be paid by the State Treasurer out of the Non-Home Rule Municipal Retailers' Occupation Tax Fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Non-Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which suppliers and servicemen have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities, the Tax Compliance and Administration Fund, and the General Revenue Fund, provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. When certifying the amount of a monthly disbursement to a municipality under this Section, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the constitution of the United States may not be made the subject of taxation by this State.(Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(65 ILCS 5/8-11-1.8)
Sec. 8-11-1.8. Non-home rule municipal tax rescission. Whenever the
corporate authorities
of a non-home rule municipality with a population of more than 20,000 but less
than 25,000 have imposed a municipal retailers occupation tax under Sec.
8-11-1.6 and a municipal service occupation tax under Section
8-11-1.7, the
question of discontinuing the tax imposed under those Sections shall be
submitted to the voters of the municipality at the next regularly scheduled
election in accordance with the general election law upon a petition signed by
not fewer than 10% of the registered voters in the municipality. The
petition shall be filed with the clerk, of the municipality within one year of
the passage of the ordinance imposing the tax; provided, the petition shall
be filed not less than 60 days prior to the election at which the question is
to be submitted to the voters of the municipality, and its validity shall be
determined as provided by the general election law. The municipal clerk shall
certify the question to the proper election officials, who shall submit the
question to the voters.
Notice shall be given in the manner provided for in the general election law.
Referenda initiated under this Section shall be subject to the provisions and
limitations of the general election law.
The proposition shall be in substantially the following form:
Shall the additional Municipal Service Occupation Tax | ||
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The votes shall be recorded as "Yes" or "No".
If a majority of all ballots cast on the proposition shall be in favor of
discontinuing the tax, within one month after approval of the referendum
discontinuing the tax the corporate authorities shall certify the results of
the referenda to the Department of Revenue and shall also file with the
Department a certified copy of an ordinance discontinuing the tax. Thereupon, the Department shall
discontinue collection of tax as of the first day of January next following the
referendum.
Except as herein otherwise provided, the referenda authorized by the terms of
this Section shall be conducted in all respects in the manner provided by the
general election law.
This Section shall apply only to taxes that have been previously imposed
under the provisions of Sections 8-11-1.6 and 8-11-1.7.
(Source: P.A. 100-201, eff. 8-18-17.)
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(65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
Sec. 8-11-2. The corporate authorities of any municipality may tax any or
all of the following occupations or privileges:
1. (Blank).
2. Persons engaged in the business of distributing, | ||
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2a. Persons engaged in the business of distributing, | ||
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3. The privilege of using or consuming electricity | ||
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(i) For the first 2,000 kilowatt-hours used or | ||
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(ii) For the next 48,000 kilowatt-hours used or | ||
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(iii) For the next 50,000 kilowatt-hours used or | ||
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(iv) For the next 400,000 kilowatt-hours used or | ||
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(v) For the next 500,000 kilowatt-hours used or | ||
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(vi) For the next 2,000,000 kilowatt-hours used | ||
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(vii) For the next 2,000,000 kilowatt-hours used | ||
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(viii) For the next 5,000,000 kilowatt-hours used | ||
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(ix) For the next 10,000,000 kilowatt-hours used | ||
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(x) For all electricity used or consumed in | ||
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If a municipality imposes a tax at rates lower than | ||
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Upon the request of the corporate authorities of a | ||
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4. Persons engaged in the business of distributing, | ||
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None of the taxes authorized by this Section may be imposed with respect
to any transaction in interstate commerce or otherwise to the extent to
which the business or privilege may not, under the constitution and statutes
of the United States, be made the subject of taxation by this State or any
political sub-division thereof; nor shall any persons engaged in the business
of distributing, supplying, furnishing, selling or transmitting gas, water,
or electricity, or using or consuming electricity acquired in a purchase at
retail, be subject to taxation under the provisions of this Section for those
transactions that are or may become subject to taxation under the provisions
of the Municipal Retailers' Occupation Tax Act authorized by Section 8-11-1;
nor shall any tax authorized by this Section be imposed upon any person engaged
in a business or on any privilege unless the tax is imposed in like manner and
at the same rate upon all persons engaged in businesses of the same class in
the municipality, whether privately or municipally owned or operated, or
exercising the same privilege within the municipality.
Any of the taxes enumerated in this Section may be in addition to the
payment of money, or value of products or services furnished to the
municipality by the taxpayer as compensation for the use of its streets,
alleys, or other public places, or installation and maintenance therein,
thereon or thereunder of poles, wires, pipes, or other equipment used in the
operation of the taxpayer's business.
(a) If the corporate authorities of any home rule municipality have adopted
an ordinance that imposed a tax on public utility customers, between July 1,
1971, and October 1, 1981, on the good faith belief that they were exercising
authority pursuant to Section 6 of Article VII of the 1970 Illinois
Constitution, that action of the corporate authorities shall be declared legal
and valid, notwithstanding a later decision of a judicial tribunal declaring
the ordinance invalid. No municipality shall be required to rebate, refund, or
issue credits for any taxes described in this paragraph, and those taxes shall
be deemed to have been levied and collected in accordance with the Constitution
and laws of this State.
(b) In any case in which (i) prior to October 19, 1979, the corporate
authorities of any municipality have adopted an ordinance imposing a tax
authorized by this Section (or by the predecessor provision of the Revised
Cities and Villages Act) and have explicitly or in practice interpreted gross
receipts to include either charges added to customers' bills pursuant to the
provision of paragraph (a) of Section 36 of the Public Utilities Act or charges
added to customers' bills by taxpayers who are not subject to rate regulation
by the Illinois Commerce Commission for the purpose of recovering any of the
tax liabilities or other amounts specified in such paragraph (a) of Section 36
of that Act, and (ii) on or after October 19, 1979, a judicial tribunal has
construed gross receipts to exclude all or part of those charges, then neither that
municipality nor any taxpayer who paid the tax shall be required to
rebate, refund, or issue credits for any tax imposed or charge collected from
customers pursuant to the municipality's interpretation prior to October 19,
1979. This paragraph reflects a legislative finding that it would be contrary
to the public interest to require a municipality or its taxpayers to refund
taxes or charges attributable to the municipality's more inclusive
interpretation of gross receipts prior to October 19, 1979, and is not
intended to prescribe or limit judicial construction of this Section. The
legislative finding set forth in this subsection does not apply to taxes
imposed after January 1, 1996 (the effective date of Public Act 89-325).
(c) The tax authorized by subparagraph 3 shall be
collected from the purchaser by the person maintaining a
place of business in this State who delivers the electricity
to the purchaser. This tax shall constitute a debt of the
purchaser to the person who delivers the electricity to the
purchaser and if unpaid, is recoverable in the same manner as
the original charge for delivering the electricity. Any tax
required to be collected pursuant to an ordinance authorized
by subparagraph 3 and any such tax collected by a person
delivering electricity shall constitute a debt owed to the
municipality by such person delivering the electricity, provided, that the
person delivering electricity shall be allowed credit for such tax related to
deliveries of electricity the charges for which are written off as
uncollectible, and provided further, that if such charges are thereafter
collected, the delivering supplier shall be obligated to remit such tax. For
purposes of this subsection (c), any partial payment not specifically
identified by the purchaser shall be deemed to be for the delivery of
electricity. Persons delivering electricity shall collect the tax from the
purchaser by adding such tax to the gross charge for
delivering the electricity, in the manner prescribed by the
municipality. Persons delivering electricity shall also be
authorized to add to such gross charge an amount equal to 3%
of the tax to reimburse the person delivering
electricity for the expenses incurred in keeping records,
billing customers, preparing and filing returns, remitting the
tax and supplying data to the municipality upon request. If
the person delivering electricity fails to collect the tax
from the purchaser, then the purchaser shall be required to
pay the tax directly to the municipality in the manner
prescribed by the municipality. Persons delivering
electricity who file returns pursuant to this paragraph (c)
shall, at the time of filing such return, pay the municipality
the amount of the tax collected pursuant to subparagraph 3.
(d) For the purpose of the taxes enumerated in this Section:
"Gross receipts" means the consideration received for distributing, supplying,
furnishing or selling gas for use or consumption and not for resale, and the
consideration received for distributing, supplying, furnishing or selling
water for use or consumption and not for resale, and for all services
rendered in connection therewith valued in money, whether received in money
or otherwise, including cash, credit, services and property of every kind
and material and for all services rendered therewith, and shall be
determined without any deduction on account of the cost of the service,
product or commodity supplied, the cost of materials used, labor or service
cost, or any other expenses whatsoever. "Gross receipts" shall not include
that portion of the consideration received for distributing, supplying,
furnishing, or selling gas or water to business enterprises described in
paragraph (e) of this Section to the extent and during the period in which the
exemption authorized by paragraph (e) is in effect or for school districts or
units of local government described in paragraph (f) during the period in which
the exemption authorized in paragraph (f) is in effect.
For utility bills issued on or after May 1, 1996, but before May 1, 1997,
and for receipts from those utility bills, "gross receipts" does not include
one-third of (i) amounts added to customers' bills under Section 9-222 of the
Public Utilities Act, or (ii) amounts added to customers' bills by taxpayers
who are not subject to rate regulation by the Illinois Commerce Commission for
the purpose of recovering any of the tax liabilities described in Section
9-222 of the Public Utilities Act. For utility bills issued on or after May 1,
1997, but before May 1, 1998, and for receipts from those utility bills, "gross
receipts" does not include two-thirds of (i) amounts added to customers' bills
under Section 9-222 of the Public Utilities Act, or (ii) amount added to
customers' bills by taxpayers who are not subject to rate regulation by the
Illinois Commerce Commission for the purpose of recovering any of the tax
liabilities described in Section 9-222 of the Public Utilities Act. For
utility bills issued on or after May 1, 1998, and for receipts from those
utility bills, "gross receipts" does not include (i) amounts added to
customers' bills under Section 9-222 of the Public Utilities Act, or (ii)
amounts added to customers' bills by taxpayers who are
not subject to rate regulation by the Illinois Commerce Commission for the
purpose of recovering any of the tax liabilities described in Section 9-222
of the Public Utilities Act.
For purposes of this Section "gross receipts" shall not include amounts
added to customers' bills under Section 9-221 of the Public Utilities Act.
This paragraph is not intended to nor does it make any change in the meaning
of "gross receipts" for the purposes of this Section, but is intended to
remove possible ambiguities, thereby confirming the existing meaning of
"gross receipts" prior to January 1, 1996 (the effective date of Public Act 89-325).
"Person" as used in this Section means any natural individual, firm,
trust, estate, partnership, association, joint stock company, joint
adventure, corporation, limited liability company, municipal corporation,
the State or any of its political subdivisions, any State university created
by statute, or a receiver, trustee, guardian or other representative appointed
by order of any court.
"Person maintaining a place of business in this State"
shall mean any person having or maintaining within this State,
directly or by a subsidiary or other affiliate, an office,
generation facility, distribution facility, transmission
facility, sales office or other place of business, or any
employee, agent, or other representative operating within this
State under the authority of the person or its subsidiary or
other affiliate, irrespective of whether such place of
business or agent or other representative is located in this
State permanently or temporarily, or whether such person,
subsidiary or other affiliate is licensed or qualified to do
business in this State.
"Public utility" shall have the meaning ascribed to it in Section 3-105
of the Public Utilities Act and shall include alternative retail
electric suppliers as defined in Section 16-102 of that Act.
"Purchase at retail" shall mean any acquisition of
electricity by a purchaser for purposes of use or consumption,
and not for resale, but shall not include the use of
electricity by a public utility directly in the generation,
production, transmission, delivery or sale of electricity.
"Purchaser" shall mean any person who uses or consumes,
within the corporate limits of the municipality, electricity
acquired in a purchase at retail.
(e) Any municipality that imposes taxes upon public utilities or upon the
privilege of using or consuming electricity pursuant to this Section whose
territory includes any part of an enterprise zone or federally designated
Foreign Trade Zone or Sub-Zone may, by a majority vote of its corporate
authorities, exempt from those taxes for a period not exceeding 20 years any
specified percentage of gross receipts of public utilities received from, or
electricity used or consumed by, business enterprises that:
(1) either (i) make investments that cause the | ||
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(2) are either (i) located in an Enterprise Zone | ||
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(3) are certified by the Department of Commerce and | ||
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Upon adoption of the ordinance authorizing the exemption, the municipal
clerk shall transmit a copy of that ordinance to the Department of Commerce
and Economic Opportunity. The Department of Commerce and Economic Opportunity shall
determine whether the business enterprises located in the municipality meet the
criteria prescribed in this paragraph. If the Department of Commerce and
Economic Opportunity determines that the business enterprises meet the criteria,
it shall grant certification. The Department of Commerce and Economic Opportunity
shall act upon certification requests within 30 days after receipt of the
ordinance.
Upon certification of the business enterprise by the Department of
Commerce and Economic Opportunity, the Department of Commerce and Economic Opportunity shall notify the Department of Revenue of the certification. The
Department of Revenue shall notify the public utilities of the exemption
status of the gross receipts received from, and the electricity used or
consumed by, the certified business enterprises. Such exemption status shall
be effective within 3 months after certification.
(f) A municipality that imposes taxes upon public utilities or upon the
privilege of using or consuming electricity under this Section and whose
territory includes part of another unit of local government or a school
district may by ordinance exempt the other unit of local government or school
district from those taxes.
(g) The amendment of this Section by Public Act 84-127 shall take precedence
over any other amendment of this Section by any other amendatory Act passed by
the 84th General Assembly before August 1, 1985 (the effective date of Public Act 84-127).
(h) In any case in which, before July 1, 1992, a person engaged in
the business of transmitting messages through the use of mobile equipment,
such as cellular phones and paging systems, has determined the municipality
within which the gross receipts from the business originated by reference to
the location of its transmitting or switching equipment, then (i) neither the
municipality to which tax was paid on that basis nor the taxpayer that paid tax
on that basis shall be required to rebate, refund, or issue credits for any
such tax or charge collected from customers to reimburse the taxpayer for the
tax and (ii) no municipality to which tax would have been paid with respect to
those gross receipts if the provisions of Public Act 87-773 had been
in effect before July 1, 1992, shall have any claim against the taxpayer for
any amount of the tax.
(Source: P.A. 100-201, eff. 8-18-17.)
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(65 ILCS 5/8-11-2.3) Sec. 8-11-2.3. Municipal Motor Fuel Tax Law. Notwithstanding any other provision of law, in addition to any other tax that may be imposed, a municipality in a county with a population of over 3,000,000 inhabitants may also impose, by ordinance, a tax upon all persons engaged in the municipality in the business of selling motor fuel, as defined in the Motor Fuel Tax Law, at retail for the operation of motor vehicles upon public highways or for the operation of recreational watercraft upon waterways. The tax may be imposed, in one cent increments, at a rate not to exceed $0.03 per gallon of motor fuel sold at retail within the municipality for the purpose of use or consumption and not for the purpose of resale. The tax may not be imposed under this Section on aviation fuel, as defined in Section 3 of the Retailers' Occupation Tax Act. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. A tax imposed pursuant to this Section, and all civil penalties that may be assessed as an incident thereof, shall be administered, collected, and enforced by the Department of Revenue in the same manner as the tax imposed under the Retailers' Occupation Tax Act, as now or hereafter amended, insofar as may be practicable; except that in the event of a conflict with the provisions of this Section, this Section shall control. The Department of Revenue shall have full power to: administer and enforce this Section; collect all taxes and penalties due hereunder; dispose of taxes and penalties so collected in the manner hereinafter provided; and determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. Whenever the Department determines that a refund shall be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the Municipal Motor Fuel Tax Fund. The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section. Those taxes and penalties shall be deposited into the Municipal Motor Fuel Tax Fund, a trust fund created in the State treasury. Moneys in the Municipal Motor Fuel Tax Fund shall be used to make payments to municipalities and for the payment of refunds under this Section. On or before the 25th day of each calendar month, the Department shall prepare and certify to the State Comptroller the disbursement of stated sums of money to named municipalities for which taxpayers have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected under this Section from retailers within the municipality during the second preceding calendar month by the Department, plus an amount the Department determines is necessary to offset amounts that were erroneously paid to a different municipality, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different municipality but were erroneously paid to the municipality, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification.
Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. An ordinance or resolution imposing or discontinuing the tax under this Section or effecting a change in the rate thereof shall either: (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. An ordinance adopted in accordance with the provisions of this Section in effect before the effective date of this amendatory Act of the 101st General Assembly shall be deemed to impose the tax in accordance with the provisions of this Section as amended by this amendatory Act of the 101st General Assembly and shall be administered by the Department of Revenue in accordance with the provisions of this Section as amended by this amendatory Act of the 101st General Assembly; provided that, on or before October 1, 2020, the municipality adopts and files a certified copy of a superseding ordinance that imposes the tax in accordance with the provisions of this Section as amended by this amendatory Act of the 101st General Assembly. If a superseding ordinance is not so adopted and filed, then the tax imposed in accordance with the provisions of this Section in effect before the effective date of this amendatory Act of the 101st General Assembly shall be discontinued on January 1, 2021. This Section shall be known and may be cited as the Municipal Motor Fuel Tax Law. (Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19.) |
(65 ILCS 5/8-11-2.5)
Sec. 8-11-2.5. Municipal tax review; requests for information. (a) If a municipality has imposed a tax under Section 8-11-2, then the municipality, which may act through its designated auditor or agent, may conduct an audit of tax receipts collected from the public utility that is subject to the tax
or that collects the tax from purchasers on behalf of the municipality to determine whether the amount of tax that was paid by the public utility was accurate.
(b) Not more than once every 2 years, a municipality that has imposed a tax under Section 8-11-2 of this Code may, subject to the limitations and protections stated in the Local Government Taxpayers' Bill of Rights Act, make a written request via e-mail to an e-mail address provided by the utility for any information from a utility in the format maintained by the public utility in the ordinary course of its business that the municipality reasonably requires in order to perform an audit under subsection (a). The information that may be requested by the municipality includes, without limitation: (1) in an electronic format used by the public | ||
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(2) the premises address for customer accounts that | ||
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Following the municipality's receipt of the information provided by the public utility pursuant to paragraphs (1) or (2) of this subsection (b), if a question or issue arises that can only be addressed by accessing customer-specific or additional information not described in this Section, then the utility shall attempt to resolve the question or issue without disclosing any customer-specific information. (c) Each public utility must provide the information requested under subsection (b) within 45 days after the date of the request. The time in which a public utility must provide the information requested under subsection (b) may be extended by an agreement between the municipality and the public utility. (d) If an audit by the municipality or its agents finds an error by the public utility in the amount of taxes paid by the public utility, then the municipality must notify the public utility of the error. Any such notice must be issued pursuant to Section 30 of the Local Government Taxpayers' Bill of Rights Act or
a lesser period of time from the date the tax was due that may be specified in the municipal
ordinance imposing the tax. Upon such a notice, any audit shall be conducted pursuant to Section 35 of the Local Government Taxpayers' Bill of Rights Act subject to the timelines set forth in this subsection (d). The public utility must submit a written response within 60 days after the date the notice was postmarked stating that it has corrected the error or stating the reason that the error is inapplicable or inaccurate. The municipality then has 60 days after the receipt of the public utility's response to review and contest the conclusion of the public utility. If the parties are unable to agree on the disposition of the audit findings within 120 days after the notification of the error to the public utility, then either party may submit the matter for appeal as outlined in Section 40 of the Local Government Taxpayers' Bill of Rights Act. If the appeals process does not produce a satisfactory result, then either party may pursue the alleged error in a court of competent jurisdiction. (e) The public utility shall be liable to the municipality for unpaid taxes, including taxes that the public utility failed to properly bill to the customer subject to paragraph (2) of subsection (e-10) of this Section. This subsection (e) does not limit a utility's right to an offsetting credit it would otherwise be entitled to, including that authorized by subsection (c) of Section 8-11-2 of this Code. To the extent that a public utility's errors in past tax collections and payments relate to premises located in an area of the municipality that was annexed on or after March 17, 2023 (the effective date of Public Act 102-1144), however, the public utility shall only be liable for such errors beginning 60 days after the date that the municipality provided the public utility notice of the annexation, provided that the public utility provides municipalities with an email address to send annexation notices. A copy of the annexation ordinance and the map filed with the County Clerk sent to the email address provided by the public utility shall be deemed sufficient notice, but other forms of notice may also be sufficient. (e-5) Upon mutual agreement, a utility and municipality may use a web portal in lieu of email to receive notice of annexations and boundary changes. After December 31, 2025 for a gas public utility that serves more than 2,000,000 customers in Illinois and after December 31, 2022 for all other public utilities that serve more than 1,000,000 retail customers in Illinois, the public utilities shall provide a secure web portal for municipalities to use, and, thereafter, the web portals shall be used by all municipalities to notify the public utilities of annexations. The web portal must provide the municipality with an electronic record of all communications and attached documents that the municipality has submitted through the portal. (e-10) (1) No later than August 1, 2023, the Department of Revenue shall develop and publish a written process to be used by each public utility and each municipality that imposes a tax under Section 8-11-2 of this Code, which may act through its designated auditor or agent, under which: (A) by December 31, 2024, and on a regular schedule | ||
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(B) information is provided to the municipality to | ||
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(C) any dispute between the public utility and the | ||
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(D) on a semi-annual basis following the | ||
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(E) accounts nominated by the municipality to be | ||
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(F) changes may be made to the master list; and (G) the utility may file a master list based solely | ||
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(2) No public utility is liable for any error in tax collections or payments due more than 60 days after the date that the first master list for the relevant municipality is filed with the Department of Revenue unless such error in tax collection or payment: (A) was related to a premises address on the master | ||
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(B) was related to an area of the municipality | ||
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(C) resulted from the public utility's failure to | ||
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(3) If the public utility uses a portal as set forth in subsection (e-5), all lists, changes affecting tax collection and remission, proposed corrections, and reports shall be provided through such portal. (e-15) If a customer paid a tax to a municipality that the customer did not owe or was in excess of the tax the customer owed, then the customer may, to the extent allowed by Section 9-252 of the Public Utilities Act, recover the tax or over payment from the public utility, and any amount so paid by the public utility may be deducted by that public utility from any taxes then or thereafter owed by the public utility to that municipality. (e-20) (1) Any court of competent jurisdiction shall have the authority to resolve a claim by a municipality that a public utility materially failed to comply with the requirements of subsections (b) or (c) of this Section If a court finds, after notice and hearing, that a public utility (i) caused a material delay in providing information properly requested under such subsections or (ii) omitted a material portion of information properly requested, then, if the claim relates to subsections (b) or (c), the court shall assess a penalty on the utility of up to $50,000 per audit, or up to $10,000 per audit for a utility that served less than 100,000 retail customers on the date of the audit notice, or, if the claim relates to subsection (e-10), up to $50,000 per 5-year master list cycle or up to $10,000 per cycle for a utility that served less than 100,000 retail customers on the date such master list was filed with the Department, which penalty shall be paid by the public utility to the municipality. Notwithstanding anything to the contrary, a penalty assessed pursuant to this subsection shall be the exclusive remedy for the conduct that is the subject of the claim. A penalty assessed under this subsection shall bar and prohibit pursuit of any other penalty, fine, or recovery related to the conduct for which the penalty was assessed. (2) No penalty shall be assessed by the Department pursuant to this subsection if the Department finds that a delay or omission was immaterial or de minimis. (3) Any penalties or fines paid by a public utility pursuant to this subsection shall not be recoverable through the utility's rates. (4) (Blank). (f) All account-specific and premises-specific information provided by a public utility under this Section may be used only for the purpose of an audit of taxes conducted under this Section and the enforcement of any related tax claim. All such information must be held in strict confidence by the municipality
and its agents and may not be disclosed to the public under the Freedom of Information Act or under any other similar statutes allowing for or requiring public disclosure. (g) The provisions of this Section shall not be construed as diminishing or replacing any civil remedy available to a municipality, taxpayer, or tax collector. (h) This Section does not apply to any municipality having a population greater than 1,000,000.
(i) The changes to subsection (e) and paragraph (2) of subsection (e-10) of this Section made by Public Act 102-1144 apply to taxes due on or after August 1, 2022. The remaining changes to this Section made by Public Act 102-1144 apply on or after March 17, 2023 (the effective date of Public Act 102-1144). (j) As used in this Section: "Customer-specific information" means the name, phone number, email address, and banking information of a customer. "Customer-specific information" includes the load-shape data associated with a customer account. "Customer-specific information" does not include the tax-exempt status of the premises and the name of tax-exempt customers. "Premises-specific information" means any information, including billing and usage data, associated with a premises address that is not customer-specific information. "Premises address" includes the jurisdiction to which the address is currently coded by the public utility for municipal tax purposes. (Source: P.A. 102-1144, eff. 3-17-23; 103-9, eff. 6-7-23.) |
(65 ILCS 5/8-11-3) (from Ch. 24, par. 8-11-3)
Sec. 8-11-3.
The corporate authorities of any municipality may tax persons
engaged in the business of selling cigarettes at retail, at a rate of not
exceeding one cent per package of 20 cigarettes and may provide for the
administration and enforcement of such tax, and for the collection thereof
from the persons subject to the tax, or their suppliers, or from taxpayers
and suppliers, as the corporate authorities determine to be necessary or
practicable for the effective administration of the tax.
The tax herein authorized may not be levied during any period in which
there is in force a municipal retailers' occupation tax levied under
authority of Section 8-11-1. The adoption of a municipal retailers'
occupation tax shall not, however, affect liabilities, obligations and
penalties incurred by any persons pursuant to an ordinance or resolution
imposing a cigarette tax under this Section 8-11-3 and providing for its
administration and enforcement, in respect to any period during which the
cigarette tax has been in effect. Nor shall any suit, action or remedy
instituted or authorized under the cigarette tax ordinance or resolution be
abated or otherwise affected by the adoption of a municipal retailers'
occupation tax ordinance or resolution.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-11-4) (from Ch. 24, par. 8-11-4)
Sec. 8-11-4.
Each owner of a motor vehicle or motor bicycle may be required by any such
city, village, or town within which he
resides to pay a regular tax or license fee for the use of such motor vehicle or
motor bicycle.
In place of the regular license fee, any city, village or incorporated
town may provide for a motor vehicle tax or license fee at a reduced rate
for residents age 65 or over.
Any city, village or incorporated town of 40,000 or more inhabitants may
appropriate monies annually from such funds, for the construction,
maintenance and operation of testing stations for the inspection of
equipment of motor vehicles as authorized by Section 11-40-2. The balance
of such funds in cities, villages and incorporated towns of 40,000 or more
inhabitants, and the total of such funds in other cities, incorporated
towns and villages shall be used for the purpose of improving, paving,
repairing or maintaining the streets and other public roadways within such
city, incorporated town or village, provided, that the actual cost of the
collection of such fees and the disbursement thereof may be deducted from
the total amount collected and in cities and villages of more than 3,000
inhabitants, not to exceed 35% of such fees may be used also for payment of
salaries and wages of policemen engaged in the duty of regulating traffic.
This amendatory Act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 83-65.)
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(65 ILCS 5/8-11-5) (from Ch. 24, par. 8-11-5)
Sec. 8-11-5. Home Rule Municipal Service Occupation Tax Act. The
corporate authorities of a home rule municipality may
impose a tax upon all persons engaged, in such municipality, in the
business of making sales of service at the same rate of tax imposed
pursuant to Section 8-11-1, of the selling price of all tangible personal
property transferred by such servicemen either in the form of tangible
personal property or in the form of real estate as an incident to a sale of
service. If imposed, such tax shall only be imposed in 1/4% increments. On
and after September 1, 1991, this additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax may not be imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If a municipality does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel shall be excluded from tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exception for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. The changes made to this Section by this amendatory Act of the 101st General Assembly are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
The tax imposed by a home rule municipality
pursuant to this Section and all civil penalties that may be assessed as
an incident thereof shall be collected and enforced by the State
Department of Revenue. The certificate of registration which is issued
by the Department to a retailer under the Retailers' Occupation Tax
Act or under the Service Occupation Tax Act shall permit
such registrant to engage in a business which is taxable under any
ordinance or resolution enacted pursuant to this Section without
registering separately with the Department under such ordinance or
resolution or under this Section. The Department shall have full power
to administer and enforce this Section; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so collected
in the manner hereinafter provided, and to determine all rights to
credit memoranda arising on account of the erroneous payment of tax or
penalty hereunder. In the administration of, and compliance with, this
Section the Department and persons who are subject to this Section
shall have the same rights, remedies, privileges, immunities, powers and
duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same
modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through
3-50 (in respect to all provisions therein other than the State rate of
tax), 4 (except that the reference to the State shall be to the taxing
municipality), 5, 7, 8 (except that the jurisdiction to which the tax shall
be a debt to the extent indicated in that Section 8 shall be the taxing
municipality), 9 (except as to the disposition of taxes and penalties
collected, and except that the returned merchandise credit for this
municipal tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12
(except the reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean the
taxing municipality), the first paragraph of Section 15, 16, 17
(except that credit memoranda issued hereunder may not be used to
discharge any State tax liability), 18, 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act,
as fully as if those provisions were set forth herein.
No tax may be imposed by a home rule municipality pursuant to this
Section unless such municipality also imposes a tax at the same rate
pursuant to Section 8-11-1 of this Act.
Persons subject to any tax imposed pursuant to the authority granted
in this Section may reimburse themselves for their serviceman's tax
liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount,
with State tax which servicemen are authorized to collect under the
Service Use Tax Act, pursuant to such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
order to be drawn for the amount specified, and to the person named,
in such notification from the Department. Such refund shall be paid by
the State Treasurer out of the home rule municipal retailers' occupation
tax fund or the Local Government Aviation Trust Fund, as appropriate.
Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Home Rule Municipal Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on
or before the 25th day of each calendar month, the Department shall
prepare and certify to the Comptroller the disbursement of stated sums
of money to named municipalities, the municipalities to be those from
which suppliers and servicemen have paid taxes or penalties hereunder to
the Department during the second preceding calendar month. The amount
to be paid to each municipality shall be the amount (not including credit
memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar
month by the Department, and not including an amount equal to the amount
of refunds made during the second preceding calendar month by the
Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt, by
the Comptroller, of the disbursement certification to the municipalities and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained in such
certification.
In addition to the disbursement required by the preceding paragraph and
in order to mitigate delays caused by distribution procedures, an
allocation shall, if requested, be made within 10 days after January 14, 1991,
and in November of 1991 and each year thereafter, to each municipality that
received more than $500,000 during the preceding fiscal year, (July 1 through
June 30) whether collected by the municipality or disbursed by the Department
as required by this Section. Within 10 days after January 14, 1991,
participating municipalities shall notify the Department in writing of their
intent to participate. In addition, for the initial distribution,
participating municipalities shall certify to the Department the amounts
collected by the municipality for each month under its home rule occupation and
service occupation tax during the period July 1, 1989 through June 30, 1990.
The allocation within 10 days after January 14, 1991,
shall be in an amount equal to the monthly average of these amounts,
excluding the 2 months of highest receipts. Monthly average for the period
of July 1, 1990 through June 30, 1991 will be determined as follows: the
amounts collected by the municipality under its home rule occupation and
service occupation tax during the period of July 1, 1990 through September 30,
1990, plus amounts collected by the Department and paid to such
municipality through June 30, 1991, excluding the 2 months of highest
receipts. The monthly average for each subsequent period of July 1 through
June 30 shall be an amount equal to the monthly distribution made to each
such municipality under the preceding paragraph during this period,
excluding the 2 months of highest receipts. The distribution made in
November 1991 and each year thereafter under this paragraph and the
preceding paragraph shall be reduced by the amount allocated and disbursed
under this paragraph in the preceding period of July 1 through June 30.
The Department shall prepare and certify to the Comptroller for
disbursement the allocations made in accordance with this paragraph.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in any
business which under the constitution of the United States may not be
made the subject of taxation by this State.
An ordinance or resolution imposing or discontinuing a tax hereunder or
effecting a change in the rate thereof shall be adopted and a certified
copy thereof filed with the Department on or before the first day of June,
whereupon the Department shall proceed to administer and enforce this
Section as of the first day of September next following such adoption and
filing. Beginning January 1, 1992, an ordinance or resolution imposing or
discontinuing the tax hereunder or effecting a change in the rate thereof
shall be adopted and a certified copy thereof filed with the Department on
or before the first day of July, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of October next
following such adoption and filing. Beginning January 1, 1993, an ordinance
or resolution imposing or discontinuing the tax hereunder or effecting a
change in the rate thereof shall be adopted and a certified copy thereof
filed with the Department on or before the first day of October, whereupon
the Department shall proceed to administer and enforce this Section as of
the first day of January next following such adoption and filing.
However, a municipality located in a county with a population in excess of
3,000,000 that elected to become a home rule unit at the general primary
election in 1994 may adopt an ordinance or resolution imposing the tax under
this Section and file a certified copy of the ordinance or resolution with the
Department on or before July 1, 1994. The Department shall then proceed to
administer and enforce this Section as of October 1, 1994.
Beginning April 1, 1998, an ordinance or
resolution imposing or
discontinuing the tax hereunder or effecting a change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with the Department on
or
before the first day of April, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of July next following
the adoption and filing; or (ii) be adopted and a certified copy thereof filed
with the Department on or before the first day of October, whereupon the
Department shall proceed to administer and enforce this Section as of the first
day of January next following the adoption and filing.
Any unobligated balance remaining in the Municipal Retailers' Occupation
Tax Fund on December 31, 1989, which fund was abolished by Public Act
85-1135, and all receipts of municipal tax as a result of audits of
liability periods prior to January 1, 1990, shall be paid into the Local
Government Tax Fund, for distribution as provided by this Section prior to
the enactment of Public Act 85-1135. All receipts of municipal tax as a
result of an assessment not arising from an audit, for liability periods
prior to January 1, 1990, shall be paid into the Local Government Tax Fund
for distribution before July 1, 1990, as provided by this Section prior to
the enactment of Public Act 85-1135, and on and after July 1, 1990, all
such receipts shall be distributed as provided in Section 6z-18 of the
State Finance Act.
As used in this Section, "municipal" and "municipality" means a city,
village or incorporated town, including an incorporated town which has
superseded a civil township.
This Section shall be known and may be cited as the Home Rule Municipal
Service Occupation Tax Act.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
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(65 ILCS 5/8-11-6) (from Ch. 24, par. 8-11-6)
Sec. 8-11-6. Home Rule Municipal Use Tax Act.
(a) The corporate authorities of a home rule municipality may
impose a tax upon the privilege of using, in such municipality, any item of
tangible personal property which is purchased at retail from a retailer, and
which is titled or registered at a location within the corporate limits of
such home rule municipality with an agency of this State's government, at a
rate which is an increment of 1/4% and based on the selling price of such
tangible personal property, as "selling price" is defined in the Use Tax
Act. In home rule municipalities with less than 2,000,000 inhabitants, the
tax shall be collected by the municipality imposing the tax from persons
whose Illinois address for titling or registration purposes is given as
being in such municipality.
(b) In home rule municipalities with 2,000,000 or more inhabitants, the
corporate authorities of the municipality may additionally impose a tax
beginning July 1, 1991 upon the privilege of using in the
municipality, any item of tangible personal property, other than tangible
personal property titled or registered with an agency of the State's
government, that is purchased at retail from a retailer located outside the
corporate limits of the municipality, at a rate that is an increment of
1/4% not to exceed 1% and based on the selling price of the tangible
personal property, as "selling price" is defined in the Use Tax Act. Such
tax shall be collected from the purchaser either by the municipality imposing
such tax or by the Department of Revenue pursuant to an agreement between the
Department and the municipality.
To prevent multiple home rule taxation, the use in a home rule
municipality of tangible personal property that is acquired outside the
municipality and caused to be brought into the municipality by a person who
has already paid a home rule municipal tax in another municipality in
respect to the sale, purchase, or use of that property, shall be exempt to
the extent of the amount of the tax properly due and paid in the other home
rule municipality.
(c) If a municipality having 2,000,000 or more inhabitants imposes the
tax authorized by subsection (a),
then the tax shall be collected by the Illinois Department of Revenue when
the property is purchased at retail from a retailer in the county in which
the home rule municipality imposing the tax is located, and in all
contiguous counties. The tax shall be remitted to the State, or an
exemption determination must be obtained from the Department before the
title or certificate of registration for the property may be issued. The
tax or proof of exemption may be transmitted to the Department by way of
the State agency with which, or State officer with whom, the tangible
personal property must be titled or registered if the Department and that
agency or State officer determine that this procedure will expedite the
processing of applications for title or registration.
The Department shall have full power to administer and enforce this
Section to collect all taxes, penalties and interest due hereunder, to
dispose of taxes, penalties and interest so collected in the manner
hereinafter provided, and determine all rights to credit memoranda or
refunds arising on account of the erroneous payment of tax, penalty or
interest hereunder. In the administration of and compliance with this
Section the Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers and duties,
and be subject to the same conditions, restrictions, limitations, penalties
and definitions of terms, and employ the same modes of procedure as are
prescribed in Sections 2 (except the definition of "retailer maintaining a
place of business in this State"), 3 (except provisions pertaining to the
State rate of tax, and except provisions concerning collection or refunding
of the tax by retailers), 4, 11, 12, 12a, 14, 15, 19, 20, 21 and 22 of the Use Tax Act, which are not inconsistent with
this Section, as fully as if provisions contained in those Sections of the
Use Tax Act were set forth herein.
Whenever the Department determines that a refund shall be made under this
Section to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the order to
be drawn for the amount specified, and to the person named, in such
notification from the Department. Such refund shall be paid by the State
Treasurer out of the home rule municipal retailers' occupation tax fund.
The Department shall forthwith pay over to the State Treasurer, ex
officio, as trustee, all taxes, penalties and interest collected hereunder.
On or before the 25th day of each calendar month, the Department shall
prepare and certify to the State Comptroller the disbursement of stated
sums of money to named municipalities, the municipality in each instance to
be that municipality from which the Department during the second preceding
calendar month, collected municipal use tax from any person whose Illinois
address for titling or registration purposes is given as being in such
municipality. The amount to be paid to each
municipality shall be the amount (not including credit memoranda) collected
hereunder during the second preceding calendar month by the Department, and
not including an amount equal to the amount of refunds made during the
second preceding calendar month by the Department on behalf of such
municipality, less 2% of the balance, which sum shall be retained by the State Treasurer to cover the costs incurred by the Department in administering and enforcing the provisions of this Section. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the Comptroller the amount so retained by the State Treasurer, which shall be transferred into the Tax Compliance and Administration Fund. Within 10 days
after receipt by the State Comptroller of the disbursement certification to
the municipalities provided for in this Section to be given to the State
Comptroller by the Department,
the State Comptroller shall cause the orders to be drawn for the respective
amounts in accordance with the directions contained in that certification.
Any ordinance imposing or discontinuing any tax to be collected and
enforced by the Department under this Section shall
be adopted and a certified copy thereof filed with the Department on or
before October 1, whereupon the Department of Revenue shall proceed to
administer and enforce this Section on behalf of the municipalities as of
January 1 next following such adoption and filing. Beginning April 1, 1998,
any ordinance imposing or discontinuing any tax to be collected and enforced
by the Department under this Section shall either (i) be adopted and a
certified copy thereof filed with the Department on or before April 1,
whereupon the Department of Revenue shall proceed to administer and enforce
this Section on behalf of the municipalities as of July 1 next following the
adoption and filing; or (ii) be adopted and a certified copy thereof filed
with the Department on or before October 1, whereupon the Department of
Revenue shall proceed to administer and enforce this Section on behalf of
the municipalities as of January 1 next following the adoption and filing.
Nothing in this subsection (c) shall prevent a home rule municipality
from collecting the tax pursuant to subsection (a) in any situation where
such tax is not collected by the Department of Revenue under this subsection
(c).
(d) Any unobligated balance remaining in the Municipal Retailers'
Occupation Tax Fund on December 31, 1989, which fund was abolished by Public
Act 85-1135, and all receipts of municipal tax as a result of audits of
liability periods prior to January 1, 1990, shall be paid into the Local
Government Tax Fund, for distribution as provided by this Section prior to
the enactment of Public Act 85-1135. All receipts of municipal tax as a
result of an assessment not arising from an audit, for liability periods
prior to January 1, 1990, shall be paid into the Local Government Tax Fund
for distribution before July 1, 1990, as provided by this Section prior to
the enactment of Public Act 85-1135, and on and after July 1, 1990, all
such receipts shall be distributed as provided in Section 6z-18 of the
State Finance Act.
(e) As used in this Section, "Municipal" and "Municipality" means a city,
village or incorporated town, including an incorporated town which has
superseded a civil township.
(f) This Section shall be known and may be cited as the Home Rule
Municipal Use Tax Act.
(Source: P.A. 98-1049, eff. 8-25-14.)
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(65 ILCS 5/8-11-6a) (from Ch. 24, par. 8-11-6a) Sec. 8-11-6a. Home rule municipalities; preemption of certain taxes. Except as provided in Sections 8-11-1, 8-11-5, 8-11-6, 8-11-6b, 8-11-6c, 8-11-23, 8-11-24, and 11-74.3-6 on and after September 1, 1990, no home rule municipality has the authority to impose, pursuant to its home rule authority, a retailer's occupation tax, service occupation tax, use tax, sales tax or other tax on the use, sale or purchase of tangible personal property based on the gross receipts from such sales or the selling or purchase price of said tangible personal property. Notwithstanding the foregoing, this Section does not preempt any home rule imposed tax such as the following: (1) a tax on alcoholic beverages, whether based on gross receipts, volume sold or any other measurement; (2) a tax based on the number of units of cigarettes or tobacco products (provided, however, that a home rule municipality that has not imposed a tax based on the number of units of cigarettes or tobacco products before July 1, 1993, shall not impose such a tax after that date); (3) a tax, however measured, based on the use of a hotel or motel room or similar facility; (4) a tax, however measured, on the sale or transfer of real property; (5) a tax, however measured, on lease receipts; (6) a tax on food prepared for immediate consumption and on alcoholic beverages sold by a business which provides for on premise consumption of said food or alcoholic beverages; or (7) other taxes not based on the selling or purchase price or gross receipts from the use, sale or purchase of tangible personal property. This Section does not preempt a home rule municipality with a population of more than 2,000,000 from imposing a tax, however measured, on the use, for consideration, of a parking lot, garage, or other parking facility. This Section is not intended to affect any existing tax on food and beverages prepared for immediate consumption on the premises where the sale occurs, or any existing tax on alcoholic beverages, or any existing tax imposed on the charge for renting a hotel or motel room, which was in effect January 15, 1988, or any extension of the effective date of such an existing tax by ordinance of the municipality imposing the tax, which extension is hereby authorized, in any non-home rule municipality in which the imposition of such a tax has been upheld by judicial determination, nor is this Section intended to preempt the authority granted by Public Act 85-1006. On and after December 1, 2019, no home rule municipality has the authority to impose, pursuant to its home rule authority, a tax, however measured, on sales of aviation fuel, as defined in Section 3 of the Retailers' Occupation Tax Act, unless the tax is not subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133, or unless the tax revenue is expended for airport-related purposes. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Aviation fuel shall be excluded from tax only if, and for so long as, the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the municipality. This Section is a limitation, pursuant to subsection (g) of Section 6 of Article VII of the Illinois Constitution, on the power of home rule units to tax. The changes made to this Section by Public Act 101-10 are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 103-781, eff. 8-5-24.) |
(65 ILCS 5/8-11-6b)
Sec. 8-11-6b.
Home rule soft drink taxes.
(a) Except as provided in Sections 8-11-1, 8-11-5 and 8-11-6, or as provided
in this Section, no home rule municipality has the authority to impose,
pursuant to its home rule authority, a tax on the sale, purchase, or use of
soft
drinks regardless of whether the measure of the tax is selling price, purchase
price, gross receipts, unit of volumetric measure, or any other measure. For
purposes of this subsection, the
term "soft drink" has the meaning set forth in Section 2-10 of the
Retailers' Occupation Tax Act, as may be amended from time to time, except that
the term shall not be limited to drinks contained in a closed or sealed bottle,
can, carton, or container. This Section is a denial and limitation, under
subsection
(g) of Section 6 of Article VII of the Illinois Constitution, on the power of
home rule units to tax.
(b) The corporate authorities of a home rule municipality
with a population in excess of 1,000,000 may impose a tax, which shall not take
effect prior to April 1, 1994, upon all persons engaged in the business of
selling soft drinks (other than fountain soft drinks) at retail in the
municipality based on the gross receipts from those sales made in the course of
such business. If imposed, the tax shall only be in 1/4% increments and shall
not exceed 3%. For purposes of this subsection, the term "soft drink"
has the meaning set forth in
Section 2-10 of the Retailers' Occupation Tax Act, as may be amended from time
to time, except that the term shall not be limited to drinks contained in a
closed or sealed bottle, can, carton or container; the term "fountain soft
drinks" means soft drinks which are prepared by the retail seller of the
soft drinks by mixing syrup or concentrate with water, by hand or through a
soft drink dispensing machine, at or near the point and time of sale to the
retail purchaser; and the term "soft drink dispensing machine" means
a device which mixes soft
drink syrup or concentrate with water and
dispenses the mixture into an open container as a ready to drink soft drink.
The tax imposed under this subsection and all civil penalties that may be
assessed as an incident to that tax shall be collected and enforced by the
Illinois Department of Revenue. The Department shall have full power to
administer and enforce this subsection, to collect all taxes and penalties so
collected in the manner provided in this subsection, and to determine all
rights to credit memoranda arising on account of the erroneous payment of tax
or penalty under this subsection. In the administration of and compliance with
this subsection, the Department and persons who are subject to this subsection
shall have the same rights, remedies, privileges, immunities, powers and
duties, shall be subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions, and definitions of terms, and shall employ
the same modes of procedure applicable to the Retailers' Occupation Tax as are
prescribed in Sections 1, 2 through 2-65 (in respect to all provisions of those
Sections other than the State rate of taxes), 2c, 2h, 2i, 3 (except as to the
disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13 and, until January 1, 1994,
13.5 of the Retailers' Occupation Tax Act, and on and after January 1, 1994,
all applicable provisions of the
Uniform Penalty and Interest Act that are not inconsistent with this
subsection, as fully as if provisions contained in those Sections of the
Retailers' Occupation Tax Act were set forth in this subsection.
Persons subject to any tax imposed under the authority granted by this
subsection may reimburse themselves for their seller's tax liability under this
subsection by separately stating that tax as an additional charge, which charge
may be stated in combination, in a single amount, with State taxes that sellers
are required to collect under the Use Tax Act pursuant to bracket schedules as
the Department may prescribe. The retailer filing the return shall, at the
time of filing the return, pay to the Department the amount of tax imposed
under this subsection, less the discount of 1.75%, which is allowed to
reimburse the retailer for the expenses incurred in keeping records, preparing
the filing returns, remitting the tax, and supplying data to the Department on
request.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memoranda, the Department
shall notify the State Comptroller, who shall cause a warrant to be drawn for
the amount specified and to the person named in the notification from the
Department. The refund shall be paid by the State Treasurer out of the Home
Rule Municipal Soft Drink Retailers' Occupation Tax Fund.
The Department shall forthwith pay over to the State Treasurer, ex officio,
as trustee, all taxes and penalties collected hereunder. On or before the 25th
day of each calendar
month, the Department shall prepare and certify to the Comptroller the amount
to be paid to named municipalities, the municipalities to be those from which
retailers have paid taxes or penalties hereunder to the Department during the
second preceding calendar month. The amount to be paid to each municipality
shall be the amount collected hereunder during the second preceding calendar
month by the Department, less any amounts determined by the Department to be
necessary for the payment of refunds, and less 4% for the first year the tax is
in effect and 2% thereafter of such balance, which sum
shall be deposited by the State Treasurer into the Tax Compliance and
Administration Fund in the State treasury from which it shall be appropriated
to the Department to cover the costs of the Department in administering and
enforcing the provisions of this subsection. Within 10 days after
receipt by the Comptroller of the certification, the Comptroller shall cause
the orders to be drawn for the respective amount in accordance with the
directions contained in such certification.
Nothing in this Section shall be construed to authorize a municipality to
impose a tax upon the privilege of engaging in any business which under the
Constitution of the United States may not be made the subject of taxation by
the State.
A certificate of registration issued by the Illinois Department of Revenue to
a retailer under the Retailers' Occupation Tax Act shall permit the registrant
to engage in a business that is taxed under the tax imposed under this
subsection and no additional registration shall be required under the ordinance
imposing a tax or under this subsection.
A certified copy of any ordinance imposing or discontinuing any tax under
this subsection or effecting a change in the rate of that tax shall be filed
with the Department, whereupon the Department shall proceed to administer and
enforce this subsection on behalf of such municipality as of the first day of
February following the date of filing. This tax shall be known and cited as
the Home Rule Municipal Soft Drink Retailers' Occupation Tax.
(c) The corporate authorities of a home rule
municipality with a population in excess of 1,000,000 may impose a tax, which
shall not take effect prior to April 1, 1994, on persons engaged in the
business of selling fountain soft drinks at retail at a rate not to exceed 9%
of the cost price of the fountain soft drinks at retail in such municipality.
For purposes of this subsection, the term "soft drink" has the meaning set
forth in Section 2-10 of the
Retailers' Occupation Tax Act, as may be amended from time to time, except that
the term shall not be limited to drinks contained in a closed or sealed bottle,
can,
carton, or container; the term "fountain soft drinks" means soft drinks
which are prepared by the retail seller of the soft drinks by mixing soft drink
syrup or concentrate with water, by hand or through a soft drink dispensing
machine at or near the point and time of sale to the retail purchaser; the term
"soft
drink dispensing machine" means a device which mixes soft drink syrup or
concentrate with water and dispenses such mixture into an open container as a
ready to drink soft drink; the term "sold at retail" shall mean any transfer
of the ownership or title to tangible personal property to a purchaser, for the
purpose of use or consumption, and not for the purpose of resale, for valuable
consideration;
the term "cost price of
the fountain soft drinks" means the consideration paid by the retail
seller of the fountain soft drink, valued in money, whether paid in money or
otherwise, including cash, credits and services, and shall be determined
without any deduction on account of the supplier's cost of the property sold or
on account or any other expenses incurred by the supplier, for the purchase of
soft drink syrup or concentrate which is designed to be further mixed with
water before it is consumed as a soft drink; and the term "supplier" means
any person who makes sales of soft drink syrup or concentrate to a retail
seller of fountain soft drinks for purposes of resale as fountain soft drinks.
The tax authorized by this subsection shall be collected, enforced, and
administered by the municipality imposing the tax. Persons subject to the tax
may reimburse themselves for their tax
liability
hereunder by separately stating an amount equal to the tax as an additional
charge to their retail purchasers or may include such amount as part of the
selling price of the soft drink. The municipality imposing the tax shall
provide for its collection from the person subject
to the tax by requiring that the supplier to the person subject to the tax
collect and remit the tax to the municipality. If the supplier fails to
collect the tax or if the person subject to the tax fails to pay the tax to its
supplier, the person subject to the tax shall make the tax payment directly to
the municipality. Payment of the tax by the retailer to the supplier shall
relieve the retailer of any further liability for the tax.
(d) If either tax imposed or authorized by this Section 8-11-6b is repealed
by the General Assembly or has its maximum rate reduced by the General
Assembly, or is declared unlawful or unconstitutional on its face by any court
of competent jurisdiction after all appeals have been exhausted or the time to
appeal has expired, then this Section 8-11-6b is automatically repealed
and no longer effective without further action by the General Assembly.
(e) Notwithstanding the preemption of taxes on the sale, purchase or use
of soft drinks, taxes on the sale, purchase, or use of soft drinks which had
been imposed by a municipality prior to the effective date of this amendatory
Act of 1993 are specifically authorized under this Section for sales made on or
after the effective date of this amendatory Act of 1993 through March 31,
1994.
(Source: P.A. 88-507.)
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(65 ILCS 5/8-11-6c) Sec. 8-11-6c. Home Rule food and beverage tax to support parking facilities.
(a) In addition to any other tax that it is authorized to impose, a home rule municipality that has not imposed a tax under Section 8-11-1 or 8-11-5 may impose a tax, as limited by this Section, on the gross receipts from the sale of alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption. (b) If imposed, the tax may be imposed only for a defined and limited period of time and must be limited to a defined geographic area within the municipality. The defined geographic area must be a contiguous area of no more than one square mile. The tax may be imposed only in 0.25% increments, and the rate of tax may not exceed 2%.
At the time that the ordinance imposing the tax is adopted, the municipality must have obtained the certified written consent of at least three-fourths of the operators of the businesses upon which the tax will be imposed. This tax may not be imposed for longer than 25 years after the municipality first levies the tax. (c) The municipality must maintain the proceeds of the tax in a separate account and may use those moneys only for the costs associated with land acquisition, design, construction, and maintenance of parking facilities within the defined geographic area. (d) The tax shall be administered by the municipality imposing it.
(Source: P.A. 95-544, eff. 8-28-07.) |
(65 ILCS 5/8-11-7) (from Ch. 24, par. 8-11-7)
Sec. 8-11-7.
The corporate authorities of a municipality may impose
a tax upon all persons engaged in the business of renting automobiles in
the municipality at the rate of not to exceed 1% of the gross receipts from
such business. The tax imposed by a municipality pursuant to this Section
and all civil penalties that may be assessed as an incident thereof shall
be collected and enforced by the State Department of Revenue. The certificate
of registration which is issued by the Department to a retailer under the
Retailers' Occupation Tax Act or under the Automobile Renting Occupation and Use Tax
Act shall permit such
person to engage in a
business which is taxable under any ordinance or resolution enacted pursuant
to this Section without registering separately with the Department under
such ordinance or resolution or under this Section. The Department shall
have full power to administer and enforce this Section; to collect all taxes
and penalties due hereunder; to dispose of taxes and penalties so collected
in the manner hereinafter provided; and to determine all rights to credit
memoranda, arising on account of the erroneous payment of tax or penalty
hereunder. In the administration of, and compliance with, this Section,
the Department and persons who are subject to this Section shall have the
same rights, remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure, as are prescribed
in Sections 2 and 3 (in respect to all provisions therein other than the
State rate of tax; and with relation to the provisions of the "Retailers'
Occupation Tax" referred to therein, except as to the disposition of taxes
and penalties collected, and except for the provision allowing retailers
a deduction from the tax to cover certain costs, and except that credit
memoranda issued hereunder may not be used to discharge any State tax
liability) of the Automobile Renting Occupation and Use Tax Act, as fully
as if those provisions were set forth herein.
Persons subject to any tax imposed pursuant to the authority granted in
this Section may reimburse themselves for their tax liability hereunder
by separately stating such tax as an additional charge, which charge may
be stated in combination, in a single amount, with State tax which sellers
are required to collect under the Automobile Renting Occupation and
Use Tax Act pursuant to such bracket schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be made under this
Section to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order to be drawn
for the amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State Treasurer out
of the municipal automobile renting tax fund.
The Department shall forthwith pay over to the State Treasurer, ex-officio,
as trustee, all taxes and penalties collected hereunder. On or before the
25th day of each calendar month, the Department shall prepare and certify
to the Comptroller the disbursement of stated sums of money to named
municipalities, the municipalities to be those from which rentors have paid
taxes or penalties hereunder to the Department during the second preceding
calendar month. The amount to be paid to each municipality shall be the
amount (not including credit memoranda) collected hereunder during the
second preceding calendar month by the Department, and not including an
amount equal to the amount of refunds made during the second preceding
calendar month by the Department on behalf of such municipality, less 1.6%
of such balance, which sum shall be retained by the State Treasurer to
cover the costs incurred by the Department in administering and enforcing
this Section as provided herein. The Department at the time of each
monthly disbursement to the municipalities shall prepare and certify to the
Comptroller the amount, so retained by the State Treasurer, to be paid into
the General Revenue Fund of the State Treasury. Within 10 days after
receipt, by the Comptroller, of the disbursement certification to the
municipalities and the General Revenue Fund, provided for in this
Section to be given to the Comptroller by the Department, the Comptroller
shall cause the orders to be drawn for the respective amounts
in accordance with the directions contained in such certification.
Nothing in this Section shall be construed to authorize a municipality
to impose a tax upon the privilege of engaging in any business which under
the Constitution of the United States may not be made the subject of taxation
by this State.
An ordinance or resolution imposing a tax hereunder or effecting a change
in the rate thereof shall be effective on the first day of the calendar
month next following publication as provided in Section 1-2-4. The corporate
authorities of any municipality which levies a tax authorized by this Section
shall transmit to the Department of Revenue on or not later than 5 days
after publication a certified copy of the ordinance or resolution imposing
such tax whereupon the Department of Revenue shall proceed to administer
and enforce this Section on behalf of such municipality as of the effective
date of the ordinance or resolution. Upon a change in rate of a tax levied
hereunder, or upon the discontinuance of the tax, the corporate authorities
of the municipality shall on or not later than 5 days after publication
of the ordinance or resolution discontinuing the tax or effecting a change
in rate transmit to the Department of Revenue a certified copy of the
ordinance or resolution effecting such change or discontinuance.
The Department of Revenue must upon the request of the municipal clerk,
city council or village board of trustees submit to a city, village or
incorporated town a list of those persons who are registered with the
Department to pay automobile renting occupation tax within that
governmental unit. This list shall contain only the names of persons who
have paid the tax and not the amount of tax paid by such person.
As used in this Section, "municipal" and "municipality" means a city, village
or incorporated town, including an incorporated town which has superseded
a civil township.
This Section shall be known and may be cited as the "Municipal Automobile
Renting Occupation Tax Act".
(Source: P.A. 86-1475.)
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(65 ILCS 5/8-11-8) (from Ch. 24, par. 8-11-8)
Sec. 8-11-8.
The corporate authorities of a municipality may impose a
tax upon the privilege of using, in such municipality, an automobile which
is rented from a rentor outside Illinois, and which is titled or registered
with an agency of this State's government, at a rate not to exceed 1% of
the rental price of such automobile. Such tax shall be collected from persons
whose Illinois address for titling or registration purposes is given as
being in such municipality. Such tax shall be collected by the Department
of Revenue for any municipality imposing such tax. Such tax must be paid
to the State, or an exemption determination must be obtained from the Department
of Revenue, before the title or certificate of registration for the property
may be issued. The tax or proof of exemption may be transmitted to the
Department by way of the State agency with which, or State officer with
whom, the tangible personal property must be titled or registered if the
Department and such agency or State officer determine that this procedure
will expedite the processing of applications for title or registration.
The Department shall have full power to administer and enforce this Section;
to collect all taxes, penalties and interest due hereunder; to dispose of
taxes, penalties and interest so collected in the manner hereinafter provided,
and to determine all rights to credit memoranda or refunds arising on account
of the erroneous payment of tax, penalty or interest hereunder. In the
administration of, and compliance with, this Section, the Department and
persons who are subject to this Section shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to the same conditions,
restrictions, limitations, penalties and definitions of terms, and employ
the same modes of procedure as are prescribed in Sections 2 and 4 (except
provisions pertaining to the State rate of tax; and with relation to the
provisions of the "Use Tax Act" referred to therein, except provisions concerning
collection or refunding of the tax by retailers, and except the provisions
of Section 19 pertaining to claims by retailers and except the last paragraph
concerning refunds, and except that credit memoranda issued hereunder may
not be used to discharge any State tax liability) of the "Automobile Renting
Occupation and Use Tax Act", enacted by the Eighty-second General Assembly,
as the same are now or may hereafter be amended, which are not inconsistent
with this Section, as fully as if provisions contained in those Sections
of said Act were set forth herein.
Whenever the Department determines that a refund should be made under this
Section to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order to be drawn
for the amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State Treasurer out
of the municipal automobile renting tax fund.
The Department shall forthwith pay over to the State Treasurer, ex-officio,
as trustee, all taxes, penalties and interest collected hereunder. On or
before the 25th day of each calendar month, the Department shall prepare
and certify to the State Comptroller the disbursement of stated sums of
money to named municipalities, the municipality in each instance to be that
municipality from which the Department, during the second preceding calendar
month, collected taxes hereunder from persons whose Illinois address for
titling or registration purposes is given as being in such municipality.
The amount to be paid to each municipality shall be the amount (not including
credit memoranda) collected hereunder during the second preceding calendar
month by the Department, and not including an amount equal to the amount
of refunds made during the second preceding calendar month by the Department
on behalf of such municipality, less 1.6% of such balance, which sum shall
be retained by the State Treasurer to cover the costs incurred by the Department
in administering and enforcing this Section as provided herein. The Department
at the time of each monthly disbursement to the municipalities shall prepare
and certify to the State Comptroller the amount, so retained by the State
Treasurer, to be paid into the General Revenue Fund of the State Treasury.
Within 10 days after receipt, by the State Comptroller, of the disbursement
certification to the municipalities and the General Revenue Fund, provided
or in this Section to be given to the State Comptroller by the Department,
the State Comptroller shall cause the orders to be drawn for the respective
amounts in accordance with the directions contained in such certification.
An ordinance or resolution imposing a tax hereunder or effecting a change
in the rate thereof shall be effective on the first day of the second calendar
month next following publication as provided in Section 1-2-4. The corporate
authorities of any municipality which levies a tax authorized by this Section
shall transmit to the Department of Revenue not later than 5 days after
publication a certified copy of the ordinance or resolution imposing such
tax whereupon the Department of Revenue shall proceed to administer and
enforce this Section on behalf of such municipality as of the effective
date of the ordinance or resolution. Upon a change in rate of a tax levied
hereunder, or upon the discontinuance of the tax, the corporate authorities
of the municipality shall, on or not later than 5 days after publication
of the ordinance or resolution discontinuing the tax or effecting a change
in rate, transmit to the Department of Revenue a certified copy of the ordinance
or resolution effecting such change or discontinuance.
As used in this Section, "Municipal" and "Municipality" means a city, village
or incorporated town, including an incorporated town which has superseded
a civil township.
This Section shall be known and may be cited as the "Municipal Automobile
Renting Use Tax Act".
(Source: P.A. 84-149.)
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(65 ILCS 5/8-11-9)
Sec. 8-11-9. (Repealed).
(Source: P.A. 84-149. Repealed by P.A. 98-584, eff. 8-27-13.)
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(65 ILCS 5/8-11-9.1) (from Ch. 24, par. 8-11-9.1)
Sec. 8-11-9.1.
Except as hereinafter provided, the Department
of Revenue shall publish and make available
to each municipality a quarterly report in which the Department of Revenue
shall list any municipal retailers' occupation taxes collected pursuant
to Section 8-11-1 of this Code, service occupation taxes collected
pursuant to Section 8-11-5 of this Code and use taxes collected pursuant
to Section 8-11-6 of this Code, during the previous quarter and such list
shall be itemized according to the following merchandise subject areas:
1. general merchandise;
2. food;
3. drinking and eating places;
4. apparel;
5. furniture and home furnishings and all other household appliances
including but not limited to desks, china, glassware, drapery, upholstery,
radios, televisions and any repair for any such items;
6. lumber, hardware, building and highway construction and all other kinds
of construction including but not limited to roofing, masonry, wrecking,
demolition, excavating, plumbing and water well drilling;
7. automobiles, both new and used, and automobile accessories, parking
lots, repairs, gasoline and service stations;
8. drugs, chemicals, paper, jewelry, alcoholic beverages, antiques, sporting
goods, books and stationery;
9. all manufacturers; and
10. farm crops and livestock, timber, printing, crude petroleum, oil,
natural gas, gas liquids and any and all items that are not listed in
paragraphs 1 through 9 of this Section that are necessary in order to give
municipalities a complete picture of the taxes to be expected. Such report
shall be distributed to all municipal governments no later than 90 days
after the last due date for tax returns for the final month of the quarter
for which the report was prepared. The Department of Revenue may combine
the reports for all of the municipalities into a single report.
This Section shall not be so construed as to require such listing to
disclose the information in any individual return in violation of Section
11 of the "Retailers' Occupation Tax Act".
(Source: P.A. 85-293.)
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(65 ILCS 5/8-11-11) (from Ch. 24, par. 8-11-11)
Sec. 8-11-11.
In addition to any other taxes authorized by law, the corporate
authorities of a municipality may impose a tax upon the privilege of
leasing motor vehicles within the municipality to a lessee on a daily
or weekly basis
in an amount not to exceed $2.75 per vehicle per rental period
specified in the lease agreement. The tax may be stated separately in
such lease agreement, invoice or bill.
The ordinance or resolution imposing any such tax shall provide for the
means of its administration, collection and enforcement by the municipality.
As used in this Section, "municipality" means a city, village or
incorporated town, including an incorporated town which has superseded a
civil township, and "motor vehicle" has the meaning ascribed to it in
Section 1-146 of The Illinois Vehicle Code.
(Source: P.A. 84-1479.)
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(65 ILCS 5/8-11-15) (from Ch. 24, par. 8-11-15)
Sec. 8-11-15.
(a) The corporate authorities of a municipality of over
100,000 inhabitants may, upon approval of the electors of the municipality
pursuant to subsection (b), impose a tax of one cent per gallon on motor
fuel sold at retail within such municipality.
A tax imposed pursuant to this Section shall be paid in addition to any
other taxes on such motor fuel.
(b) The corporate authorities of the municipality may by resolution call
for the submission to the electors of the municipality of the question of
whether the municipality shall impose such tax. Such question shall be
certified by the municipal clerk to the election authority in accordance
with Section 28-5 of The Election Code. The
question shall be in substantially the following form:
Shall the city (village or incorporated town) of ....... YES impose a tax of one cent per gallon on motor fuel sold at NO retail within its boundaries?
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, such tax shall be imposed.
(c) The purchaser of the motor fuel shall be liable for payment of a tax
imposed pursuant to this Section. This Section shall not be construed to
impose a tax on the occupation of persons engaged in the sale of motor fuel.
If a municipality imposes a tax on motor fuel pursuant to this Section,
it shall be the duty of any person engaged in the retail sale of
motor fuel within such municipality to collect such tax from the purchaser
at the same time he collects the purchase price of the motor fuel and to
pay over such tax to the municipality as prescribed by the ordinance of the
municipality imposing such tax.
(d) For purposes of this Section, "motor fuel" shall have the same
meaning as provided in the "Motor Fuel Tax Law".
(Source: P.A. 84-1099.)
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(65 ILCS 5/8-11-16) (from Ch. 24, par. 8-11-16)
Sec. 8-11-16.
The Department of Revenue shall submit to each
municipality each year a list of those persons within that municipality who
are registered with the Department under the Retailers' Occupation Tax Act.
The list shall indicate the street address of each retail outlet operated
in the municipality by the persons so registered and the name under which
the retailer conducts business, if different from the corporate name. The
municipal clerk shall forward any changes or corrections to the list to the
Department within 6 months. The Department shall update and correct its
records to reflect such changes, or notify the municipality in writing that
the suggested changes are erroneous, within 90 days. The Department shall
also provide monthly updates to each municipality showing additions or
deletions to the list of retail outlets within the municipality. The
Department shall provide a copy of the annual listing herein provided for
contiguous jurisdictions when a municipality so requests. The list
required by this Section shall contain only the names and street addresses
of persons who are registered with the Department and shall not include the
amount of tax paid by such persons. The list required by this Section
shall be provided to each municipality no later than September 1 annually.
When certifying the amount of a monthly disbursement to a municipality
under Section 8-11-1, 8-11-5, 8-11-6 of this Act or Section 6z-18 of "An
Act in relation to State finance", the Department shall increase or
decrease such amount by an amount necessary to offset any misallocation of
previous disbursements. The offset amount shall be the amount erroneously
disbursed within the previous 6 months from the time a misallocation is
discovered.
The Department of Revenue must upon the request of any municipality
received pursuant to the provisions of this paragraph furnish to such
municipality data setting forth the aggregate amount of retailers'
occupation tax collected on behalf of such municipality from any shopping
center identified in such request and located within such municipality for
each month beginning with the first month following the month within which
such a request is received by the Department, provided that such data may
be provided only with respect to shopping centers (1) which consist of
50 or more persons registered with the Department to pay Retailers'
Occupation Tax, and (2) where the developers or owners thereof or their
predecessors in interest have entered into written agreements with the
municipality to transfer property to or perform services for or on behalf
of such municipality in exchange for payments based solely or in part on
the amount of retailers' occupation tax collected on behalf of the municipality
from persons within such shopping centers. Data given pursuant to this
paragraph shall not identify by amounts the individual sources of such
taxes. A request for data pursuant to this paragraph shall first be
submitted to the Department of Revenue by the Municipal Clerk, City Council
or Village Board of Trustees. The Department of Revenue shall review each
such request to determine whether the requirements of item (2) of the first
sentence of this paragraph have been met and, within 30 days following its
receipt of such a request, shall either certify that the request meets such
requirements, or notify the person submitting the request that the request
does not meet such requirements.
As used in this Section, "Municipal" or "Municipality" means or refers to
a city, village or incorporated town, including an incorporated town which
has superseded a civil township, and "shopping center" means a group of
retail stores and other business and service establishments in an
integrated building arrangement operated under common ownership or diverse
ownership under unified control involving common parking areas and mutual
easements.
(Source: P.A. 91-51, eff. 6-30-99.)
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(65 ILCS 5/8-11-17) (from Ch. 24, par. 8-11-17)
Sec. 8-11-17.
(Repealed).
(Source: P.A. 92-526, eff. 7-1-02. Repealed internally, eff. 1-1-03.)
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(65 ILCS 5/8-11-18) (from Ch. 24, par. 8-11-18)
Sec. 8-11-18.
(Repealed).
(Source: P.A. 88-597, eff. 8-28-94. Repealed internally, eff. 9-6-97.)
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(65 ILCS 5/8-11-20)
Sec. 8-11-20.
Economic incentive agreements.
The corporate authorities
of a municipality may enter into an economic incentive agreement relating to
the development or
redevelopment of land within the corporate limits of the municipality. Under
this agreement, the municipality may agree to share or rebate a
portion of any retailers' occupation taxes received by the municipality that
were generated by the development or redevelopment over a finite period of
time. Before entering into the agreement authorized by this Section, the
corporate authorities shall make the following findings:
(1) If the property subject to the agreement is vacant:
(A) that the property has remained vacant for at | ||
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(B) that any building located on the property was | ||
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(2) If the property subject to the agreement is currently developed:
(A) that the buildings on the property no longer | ||
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(B) that the buildings on the property have remained | ||
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(3) That the project is expected to create or retain job opportunities
within the municipality;
(4) That the project will serve to further the development of adjacent
areas;
(5) That without the agreement, the project would not be possible;
(6) That the developer meets high standards of creditworthiness and
financial strength as demonstrated by one or more of the following:
(A) corporate debenture ratings of BBB or higher by | ||
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(B) a letter from a financial institution with assets | ||
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(C) specific evidence of equity financing for not | ||
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(7) That the project will strengthen the commercial sector of the
municipality;
(8) That the project will enhance the tax base of the municipality; and
(9) That the agreement is made in the best interest of the municipality.
(Source: P.A. 92-263, eff. 8-7-01.)
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(65 ILCS 5/8-11-21)
Sec. 8-11-21. Agreements to share or rebate occupation taxes.
(a) On and after
June 1, 2004, the corporate authorities of a municipality shall
not enter into any agreement to share or rebate
any
portion of retailers' occupation taxes generated by retail sales of tangible
personal
property if: (1) the tax on those retail sales, absent the agreement,
would have been paid to another unit of local government; and (2) the
retailer maintains, within that other unit of local government, a
retail location from which the tangible personal property is delivered to
purchasers, or a warehouse from which the tangible personal property is
delivered to purchasers. Any unit of local government
denied retailers' occupation tax revenue because of an agreement that violates
this Section may file an action in circuit court against only the municipality.
Any agreement entered into prior to
June 1,
2004 is not affected by this amendatory Act of the 93rd General Assembly.
Any unit of
local government that prevails in the circuit court action is entitled to
damages in
the amount of the tax revenue it was denied as a result of the agreement,
statutory interest, costs, reasonable attorney's fees, and an amount equal to
50% of the
tax.
(b) On and after the effective date of this amendatory Act of the 93rd
General Assembly, a home rule unit shall not enter into any agreement
prohibited
by this Section. This Section is a denial and limitation of home rule powers
and
functions under subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(c) Any municipality that enters into an agreement to share or rebate
any
portion of retailers' occupation taxes generated by retail sales of tangible
personal
property must complete and submit a report by electronic filing to the Department of Revenue within 30 days after the execution of the agreement. Any municipality that has entered into such an agreement before the effective date of this amendatory Act of the 97th General Assembly that has not been terminated or expired as of the effective date of this amendatory Act of the 97th General Assembly shall submit a report with respect to the agreements within 90 days after the effective date of this amendatory Act of the 97th General Assembly. Any agreement entered into on or after the effective date of this amendatory Act of the 98th General Assembly is not valid until the municipality entering into the agreement complies with the requirements set forth in this subsection. Any municipality that fails to comply with the requirements set forth in this subsection within the 30 days after the execution of the agreement shall be responsible for paying to the Department of Revenue a delinquency penalty of $20 per day for each day the municipality fails to submit a report by electronic filing to the Department of Revenue. A municipality that has previously failed to report an agreement in effect on the effective date of this subsection will begin to accrue a delinquency penalty for each day the agreement remains unreported beginning on the effective date of this subsection. The Department of Revenue may adopt rules to implement and administer these penalties. (d) The report described in this Section shall be made on a form to be supplied by the Department of Revenue and shall contain the following: (1) the names of the municipality and the business | ||
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(2) the location or locations of the business within | ||
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(3) a statement, to be answered in the affirmative or | ||
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(4) the terms of the agreement, including (i) the | ||
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(5) a copy of the agreement to share or rebate any | ||
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An updated report must be filed by the municipality within 30 days after the execution of any amendment made to an agreement. Reports filed with the Department pursuant to this Section shall not constitute tax returns. (e) The Department and the municipality shall redact the sales figures, the amount of sales tax collected, and the amount of sales tax rebated prior to disclosure of information contained in a report required by this Section or the Freedom of Information Act. The information redacted shall be exempt from the provisions of the Freedom of Information Act. (f) All reports, except the copy of the agreement, required to be filed with the Department of Revenue pursuant to this Section shall be posted on the Department's website within 6 months after the effective date of this amendatory Act of the 97th General Assembly. The website shall be updated on a monthly basis to include newly received reports. (Source: P.A. 97-976, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1098, eff. 8-26-14.) |
(65 ILCS 5/8-11-22) Sec. 8-11-22. (Repealed).
(Source: P.A. 101-10, eff. 6-5-19. Repealed by P.A. 101-604, eff. 12-13-19.) |
(65 ILCS 5/8-11-23) Sec. 8-11-23. Municipal Cannabis Retailers' Occupation Tax Law. (a) This Section may be referred to as the Municipal Cannabis Retailers' Occupation Tax Law. The corporate authorities of any municipality may, by ordinance, impose a tax upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Program Act, at retail in the municipality on the gross receipts from these sales made in the course of that business. If imposed, the tax may not exceed 3% of the gross receipts from these sales and shall only be imposed in 1/4% increments. The tax imposed under this Section and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department of Revenue. The Department of Revenue shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this Section. In the administration of and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2a, 2b, 2c, 2i, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. (b) Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that sellers are required to collect. (c) Whenever the Department of Revenue determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department of Revenue shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department of Revenue. (d) The Department of Revenue shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Local Cannabis Retailers' Occupation Tax Trust Fund. (e) On or before the 25th day of each calendar month, the Department of Revenue shall prepare and certify to the Comptroller the amount of money to be disbursed from the Local Cannabis Retailers' Occupation Tax Trust Fund to municipalities from which retailers have paid taxes or penalties under this Section during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected under this Section from sales made in the municipality during the second preceding calendar month, plus an amount the Department of Revenue determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the municipalities, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. (f) An ordinance or resolution imposing or discontinuing a tax under this Section or effecting a change in the rate thereof that is adopted on or after June 25, 2019 (the effective date of Public Act 101-27) and for which a certified copy is filed with the Department on or before April 1, 2020 shall be administered and enforced by the Department beginning on July 1, 2020. For ordinances filed with the Department after April 1, 2020, an ordinance or resolution imposing or discontinuing a tax under this Section or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
(65 ILCS 5/8-11-24) Sec. 8-11-24. Municipal Grocery Occupation Tax Law. (a) The corporate authorities of any municipality may, by ordinance or resolution that takes effect on or after January 1, 2026, impose a tax upon all persons engaged in the business of selling groceries at retail in the municipality on the gross receipts from those sales made in the course of that business. If imposed, the tax shall be at the rate of 1% of the gross receipts from these sales. The tax imposed by a municipality under this subsection and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted under this subsection without registering separately with the Department under that ordinance or resolution or under this subsection. The Department shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection; to dispose of taxes and penalties so collected in the manner provided in this Section and under rules adopted by the Department; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12 and 13 of the Retailers' Occupation Tax Act and all of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this Section. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. (b) If a tax has been imposed under subsection (a), then a service occupation tax must also be imposed at the same rate upon all persons engaged, in the municipality, in the business of making sales of service, who, as an incident to making those sales of service, transfer groceries, as defined in this Section, as an incident to a sale of service. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act or the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under the ordinance or resolution or under this subsection. The Department shall have full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this Section and under rules adopted by the Department, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection. In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure as are set forth in Sections 2, 2c, 3 through 3-50 (in respect to all provisions contained in those Sections other than the State rate of tax), 4, 5, 7, 8, 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this Section. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, pursuant to any bracketed schedules set forth by the Department. (c) The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section. Those taxes and penalties shall be deposited into the Municipal Grocery Tax Trust Fund, a trust fund created in the State treasury. Except as otherwise provided in this Section, moneys in the Municipal Grocery Tax Trust Fund shall be used to make payments to municipalities and for the payment of refunds under this Section. Moneys deposited into the Municipal Grocery Tax Trust Fund under this Section are not subject to appropriation and shall be used as provided in this Section. All deposits into the Municipal Grocery Tax Trust Fund shall be held in the Municipal Grocery Tax Trust Fund by the State Treasurer, ex officio, as trustee separate and apart from all public moneys or funds of this State. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the Municipal Grocery Tax Trust Fund. (d) As soon as possible after the first day of each month, upon certification of the Department, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, if any, as defined in the Innovation Development and Economy Act, collected under this Section. After the monthly transfer to the STAR Bonds Revenue Fund, if any, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which retailers have paid taxes or penalties under this Section to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected under this Section during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the amounts in accordance with the directions contained in the certification. (e) Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. (f) Except as otherwise provided in this subsection, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. (g) When certifying the amount of a monthly disbursement to a municipality under this Section, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. (h) As used in this Section, "Department" means the Department of Revenue. For purposes of the tax authorized to be imposed under subsection (a), "groceries" has the same meaning as "food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption)", as further defined in Section 2-10 of the Retailers' Occupation Tax Act. For purposes of the tax authorized to be imposed under subsection (b), "groceries" has the same meaning as "food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption)", as further defined in Section 3-10 of the Service Occupation Tax Act. For purposes of the tax authorized to be imposed under subsection (b), "groceries" also means food prepared for immediate consumption and transferred incident to a sale of service subject to the Service Occupation Tax Act or the Service Use Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, the ID/DD Community Care Act, the MC/DD Act, the Specialized Mental Health Rehabilitation Act of 2013, or the Child Care Act of 1969, or an entity that holds a permit issued pursuant to the Life Care Facilities Act. (i) This Section may be referred to as the Municipal Grocery Occupation Tax Law.
(Source: P.A. 103-781, eff. 8-5-24.) |
(65 ILCS 5/Art. 8 Div. 12 heading) DIVISION 12.
FINANCIALLY DISTRESSED CITY LAW
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(65 ILCS 5/8-12-1) (from Ch. 24, par. 8-12-1)
Sec. 8-12-1.
This Division 12 may be cited as the
Financially Distressed City Law.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-2) (from Ch. 24, par. 8-12-2)
Sec. 8-12-2.
(a) Pursuant to the authority of the General Assembly to provide
for the public health, safety and welfare, the General Assembly hereby
finds and declares that it is the public policy and a public purpose of the
State to offer assistance to a financially distressed city so that it may
provide for the health, safety and welfare of its citizens, pay when due
principal and interest on its debt obligations, meet financial obligations
to its employees, vendors and suppliers, and provide for proper financial
accounting procedures, budgeting and taxing practices, as well as
strengthen the human and economic development of the city.
(b) It is the purpose of this Division to provide a secure financial
basis for the continued operation of a financially distressed city. The
intention of the General Assembly, in enacting this legislation is to
establish sound, efficient and generally accepted accounting, budgeting and
taxing procedures and practices within a financially distressed city, to
provide powers to a financial advisory authority established for a
financially distressed city, and to impose restrictions upon a financially
distressed city in order to assist that city in assuring its financial
integrity while leaving municipal services policies to the city, consistent
with the requirements for satisfying the public policy and purposes herein set
forth.
(c) It also is the purpose of this Division to authorize a city which
has been certified and designated as a financially distressed city under
the procedure set forth in Section 8-12-4, and which has by ordinance
requested that a financial advisory authority be appointed for the city and
that the city receive assistance as provided in this Division, and which
has filed certified copies of that ordinance in the manner provided by
Section 8-12-4, to enter into such agreements as are necessary to receive
assistance as provided in this Division and in applicable provisions of the
Illinois Finance Authority Act.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/8-12-3) (from Ch. 24, par. 8-12-3)
Sec. 8-12-3.
As used in this Division:
(1) "Authority" means the "(Name of Financially Distressed City) Financial
Advisory Authority".
(2) "Financially distressed city" means any municipality which is a home
rule unit and which (i) is certified by the Department of Revenue as being
in the highest 5% of all home rule municipalities in terms of the aggregate
of the rate per cent of all taxes levied pursuant to statute or ordinance
upon all taxable property of the municipality and as being in the lowest 5%
of all home rule municipalities in terms of per capita tax yield, and (ii)
is designated by joint resolution of the General Assembly as a financially
distressed city.
(3) "Home rule municipality" means a municipality which is a home
rule unit as provided in Section 6 of Article VII of the Illinois
Constitution.
(4) "Budget" means an annual appropriation ordinance or annual budget
as described in Division 2 of Article 8, as from time to time in effect in
the financially distressed city.
(5) "Chairperson" means the chairperson of the Authority appointed
pursuant to Section 8-12-7.
(6) "Financial Plan" means the financially distressed city's financial plan
as developed pursuant to Section 8-12-15, as from time to time in effect.
(7) "Fiscal year" means the fiscal year of the financially distressed city.
(8) "Obligations" means bonds, notes or other evidence of indebtedness
issued by the Illinois Finance Authority in
connection with
the provision of financial aid to a financially distressed city pursuant to
this Division and applicable provisions of the Illinois
Finance Authority Act.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/8-12-4) (from Ch. 24, par. 8-12-4)
Sec. 8-12-4.
In order to receive assistance as provided in this
Division, a home rule municipality shall first, by ordinance passed by its
corporate authorities, request (i) that the Department of Revenue certify
that it is in the highest 5% of all home rule municipalities in terms of
the aggregate of the rate per cent of all taxes levied pursuant to statute
or ordinance upon all taxable property of the municipality and in the
lowest 5% of all home rule municipalities in terms of
per capita tax yield, and (ii) that the General Assembly by joint
resolution designate it as a financially distressed city. A home rule
municipality which is so certified and designated as a financially
distressed city and which desires to receive assistance as provided in this
Division shall, by ordinance passed by its corporate authorities, request
that a financial advisory authority be appointed for the city and that the
city receive assistance as provided in this Division, and shall file a
certified copy of that ordinance with the Governor, with the Clerk of the
House of Representatives and with the Secretary of the Senate. Upon the
filing of the certified copies of that ordinance as required by this
Section this Division and all of its provisions shall then and thereafter
be applicable to the financially distressed city, shall govern and control
its financial accounting, budgeting and taxing procedures and practices,
and, subject to the limitations of subsection (a) of Section 8-12-22, shall
remain in full force and effect with respect thereto until such
time as the financial advisory authority established under Section 8-12-5
is abolished as provided in subsection (c) of Section 8-12-22.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-5) (from Ch. 24, par. 8-12-5)
Sec. 8-12-5.
For each financially distressed city to which this
Division is applicable as provided in Section 8-12-4, there is established
a body both corporate and politic to be known as the "(Name of Financially
Distressed City) Financial Advisory Authority" which, in such name, shall
exercise all authority vested in such Authority by this Division. The
Authority shall constitute an agency of State government, and as such may
receive and expend amounts appropriated by the General Assembly to the
Authority to enable it to exercise and perform its powers and
responsibilities under this Division. The financially distressed city
shall not be liable for any costs or expenses incurred by the Authority in
the conduct of its powers and responsibilities under this Division.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-6) (from Ch. 24, par. 8-12-6)
Sec. 8-12-6.
Purposes and powers.
(a) The purposes of the Authority shall be to provide a secure financial
basis for and to furnish assistance to a financially distressed city to which
this Division is applicable as provided in Section 8-12-4, and to request the
Illinois Finance Authority to issue its Obligations
on behalf of
and thereby provide financial aid to the city in accordance with applicable
provisions of the Illinois Finance Authority Act, so
that the city
can provide basic municipal services within its jurisdictional limits, while
permitting the distressed city to meet its obligations to its creditors and the
holders of its notes and bonds.
(b) Except as expressly limited by this Division, the Authority
shall have all powers necessary to meet its responsibilities and to carry
out its purposes and the purposes of this Division, including, but not
limited to, the following powers:
(1) To provide for its organization and internal | ||
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(2) To make and execute contracts, leases, subleases | ||
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(3) To approve all loans, grants, or other financial | ||
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(4) To appoint officers, agents, and employees of the | ||
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(5) To engage the services of consultants for | ||
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(6) To pay the expenses of its operations.
(7) To determine, in its discretion but consistent | ||
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(c) Any loan repayments received by the Authority from the distressed city
may be deposited by the Authority into a revolving fund under the control of
the Authority. Money in the revolving fund may be used by the Authority to
support activities leading to a restructuring of the distressed city's debt and
may be pledged by the Authority as security for any new debt incurred by the
distressed city with the approval of the Authority.
(d) From any funds appropriated to the Authority for the purpose of making
a loan to a distressed city, the Authority may expend not more than
$250,000 for the expenses of its operations in the fiscal year in which the
appropriation is made.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/8-12-7) (from Ch. 24, par. 8-12-7)
Sec. 8-12-7.
The governing body of the Authority shall be a board
consisting of 5 Directors. Directors shall be appointed by the Governor,
with the advice and consent of the Senate. At least 2 Directors must be
residents of the financially distressed city. The Governor shall select
one of the Directors to serve as Chairperson during the term of his or her appointment.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-8) (from Ch. 24, par. 8-12-8)
Sec. 8-12-8.
The initial Directors shall be appointed, as provided in
Section 8-12-7, within 30 days after this Division first becomes applicable
to the financially distressed city as provided in Section 8-12-4. Of the
initial Directors so appointed, 3 shall be appointed to serve for terms
expiring 3 years from the date of their appointment, and 2 shall be
appointed to serve for terms expiring 2 years from the date of their
appointment. Thereafter each Director shall be appointed to hold office for
a term of 3 years and until his or her successor has been appointed as
provided in Section 8-12-7. Directors shall be eligible for reappointment.
Any vacancy which shall arise shall be filled by appointment by the
Governor, with the advice and consent of the Senate, for the unexpired term
and until his or her successor has been appointed as provided in Section
8-12-7. A vacancy shall occur upon resignation, death, conviction of a
felony or removal from office of a Director. A Director may be removed for
incompetency, malfeasance or neglect of duty at the instance of the
Governor. If the Senate is not in session or is
in recess when appointments subject to its confirmation are made, the
Governor shall make temporary appointments which shall be subject to
subsequent Senate approval.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-9) (from Ch. 24, par. 8-12-9)
Sec. 8-12-9.
The Chairperson shall preside at meetings of the
Directors. The Directors may establish such offices and appoint such
officers for the Authority as they may deem appropriate.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-10) (from Ch. 24, par. 8-12-10)
Sec. 8-12-10.
Any State agency or unit of local government, within its
respective function, may render such services to the Authority as the
Authority may request. Upon the Authority's request any such agency
or unit of local government may transfer to the Authority such officers and
employees as the Authority and any such agency or unit of local government
deem necessary to carry out the Authority's functions and duties. Officers
and employees so transferred shall not lose or forfeit their employment status or rights.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-11) (from Ch. 24, par. 8-12-11)
Sec. 8-12-11.
The Directors shall serve without compensation, but each
Director shall be entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties as a Director.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-12) (from Ch. 24, par. 8-12-12)
Sec. 8-12-12.
(a) The Governor shall call the first
meeting of the Authority. Thereafter, the Directors shall prescribe
the times and places for their meetings and the manner in which regular
and special meetings may be called. The Directors shall comply in all
respects with the Open Meetings Act. The Authority shall be a public body to
which The Freedom of Information Act applies.
(b) A majority of the Directors holding office shall constitute a
quorum for the conduct of business. The affirmative votes of at least
3 Directors shall be necessary for adopting any rule or regulation,
and for any other action required by this Division to be taken by
resolution, directive or ordinance.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-13) (from Ch. 24, par. 8-12-13)
Sec. 8-12-13.
In carrying out the purposes of this Division, and pursuant
to Sections 8-12-14 through 8-12-24, as hereinafter provided, the Authority
shall have the power to approve or to reject the Financial Plans, Budgets
and contracts which are inconsistent with the Financial Plan and Budget of
the financially distressed city; provided, however, that the Authority
shall have no authority to impair any existing contract or obligation of
the city; and provided further, that with respect to any multi-year
employment contract or collective bargaining agreement authorized or
entered into by the city in accordance with applicable statutes and
ordinances, the Authority's power to approve or reject the same shall be
limited to the first year of such contract or agreement as provided in
Section 8-12-17.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-14) (from Ch. 24, par. 8-12-14)
Sec. 8-12-14.
The Budget of the financially distressed city for its
first fiscal year commencing after this Division first becomes applicable
to the financially distressed city as provided in Section 8-12-4, and for
each subsequent fiscal year shall be balanced in accordance with such
accounting system and procedures as may be prescribed by the Authority and
the requirements of State law, with substantial progress toward balancing
the Budget to be achieved during the remaining portion of what is the
financially distressed city's current fiscal year at the time this Division
first becomes applicable to the city as provided in Section 8-12-4.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-15) (from Ch. 24, par. 8-12-15)
Sec. 8-12-15.
The financially distressed city shall develop, adopt and
submit to the Authority, within 45 days after this Division first becomes
applicable to the city as provided in Section 8-12-4, for approval by the
Authority, an initial Financial Plan with respect to the remaining portion
of what is the city's current fiscal year at the time this Division first
becomes applicable to the city as provided in Section 8-12-4 and for the 2
succeeding fiscal years. The city shall develop and adopt subsequent
Financial Plans annually and during interim periods as directed by the
Authority. Interim updates shall be directed only when the Authority in
its discretion determines that a change in circumstances warrants such an
update. The Authority shall require that each Financial Plan cover a
period of at least 3 fiscal years. After adoption by the city, the city
shall submit each plan to the Authority for its approval not later than 60
days prior to the commencement of the first fiscal year to which the
Financial Plan relates. The Authority shall approve or reject the
Financial Plan not later than 30 days prior to the commencement of the
fiscal year. No Financial Plan shall have force or effect without approval
of the Authority. Each Financial Plan shall be developed, submitted,
approved and monitored in accordance with the following procedures:
(1) The financially distressed city shall determine and submit to the
Authority, at a time and in a manner prescribed by the Authority, estimates
of revenues available to the city during the period for which the Financial
Plan is to be in effect. The Authority shall approve, reject or amend the
revenue estimates. In the event the city fails, for any reason, to submit
to the Authority estimates of revenue as required by this paragraph, the
Authority may prepare such estimates. The Financial
Plan submitted by the city shall be based upon revenue estimates
approved or prepared by the Authority. As soon as practicable following
the establishment of the Authority, the corporate authorities of the city
shall, at the request of the Chairperson of the Authority, make available
to such Chairperson copies of the audited financial statements and of
the books and records of account of the city for the preceding 3 fiscal
years of the city.
(2) Each Financial Plan for each fiscal year or part thereof to which
it relates, shall contain: (i) a description of revenues and
expenditures, provision for debt service, cash resources and uses, and
capital improvements, each in such manner and detail as the Authority
shall prescribe; (ii) a description of the means by which the Budget
will be brought into balance in accordance with Section 8-12-14;
and (iii) such other financial matters that the Authority, in its
discretion, requires. The Authority may prescribe any reasonable
time, standards, procedures or forms for preparation and submission of
the Financial Plan.
(3) The Authority shall approve the initial and each subsequent
Financial Plan if, in its judgement, the plan is complete, is
reasonably capable of being achieved, and meets the requirement set
forth in Section 8-12-14. Otherwise, the Authority shall
reject the Financial Plan. The Authority's review of the Financial Plan
shall be in accordance with generally accepted accounting principles and
standards. No Financial Plan submitted by the financially distressed city
shall be arbitrarily or capriciously rejected by the Authority. Any
rejection by the Authority of any Financial Plan submitted by the city
shall be in writing and shall state the reasons for the rejection. In the
event of rejection, the Authority may prescribe a procedure and standards
for revision of the Financial Plan by the financially distressed city.
(4) The financially distressed city shall report to the Authority, at
such times and in such manner as the Authority may direct, concerning the
city's compliance with each Financial Plan. The Authority may review the
city's operation, obtain budgetary data and financial statements, require
the city to produce reports, and have access to any other information in
the possession of the city that it deems relevant to the Financial Plan and
the city's compliance with that Plan. The Authority may issue
recommendations or directives within its powers to the city to assure
compliance with the Financial Plan. The city shall produce such budgetary
data, financial statements, reports and other information and comply with
such directives.
(5) After approval of each Financial Plan, the financially distressed
city shall regularly reexamine the revenue and expenditure estimates on
which it was based and revise them as necessary. The city shall promptly
notify the Authority of any material change in the revenue or expenditure
estimates in the Financial Plan. The city may submit to the
Authority, or the Authority may require the city to submit, modified
Financial Plans based upon revised revenue or expenditure estimates
or for any other good reason. The Authority shall approve or reject
each modified Financial Plan pursuant to paragraph (3) of this
Section.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-16) (from Ch. 24, par. 8-12-16)
Sec. 8-12-16.
The financially distressed city shall develop, adopt
and submit to the Authority, within 30 days after this Division first
becomes applicable to the city as provided in Section 8-12-4, a revised
Budget for the remaining portion of what is the city's current fiscal year
at the time this Division first becomes applicable to the city as provided
in Section 8-12-4 and, thereafter, an annual Budget for each subsequent
fiscal year. After adoption by the city, the city shall submit each Budget
to the Authority for its approval not later than 60 days prior to the
commencement of the fiscal year to which the Budget relates. The
Authority shall approve or reject the Budget not later than 30 days prior
to the commencement of the fiscal year. No Budget shall have force or
effect without approval of the Authority. Each Budget shall be developed,
submitted, approved and monitored in accordance with the following procedures:
(1) Each Budget submitted by the financially distressed city shall be
based upon revenue estimates approved or prepared by the Authority, as
provided in paragraph (1) of Section 8-12-15.
(2) Each Budget shall contain such information and detail as may
be prescribed by the Authority. Any deficit for a fiscal year or any
portion of a fiscal year to which any Budget relates shall be included as a
current expense item for the succeeding fiscal year.
(3) The Authority shall approve each Budget if, in its judgment,
the Budget is complete with respect to providing a detailed accounting of
revenues and expenditures, is reasonably capable of being achieved, will
meet the requirement set forth in Section 8-12-14, and
will be consistent with the Financial Plan in effect. Otherwise, the
Authority shall reject the Budget. The Authority's review of the Budget
shall be in accordance with generally accepted accounting principles and
standards. No Budget submitted by the financially distressed city shall be
arbitrarily or capriciously rejected by the Authority. Any rejection by the
Authority of any Budget submitted by the city shall be in writing and shall
state the reasons for the rejection. In the event of rejection, the
Authority may prescribe a procedure and standards for revision of the
Budget by the city.
(4) The financially distressed city shall report to the Authority at
such times and such manner as the Authority may direct, concerning the
city's compliance with each Budget. The Authority may review the city's
operations, obtain budgetary data and financial statements, require the
city to produce reports, and have access to any other information in the
possession of the city that the Authority deems relevant. The Authority
may issue recommendations or directives within its powers to the city to
assure compliance with the Budget. The city shall produce such budgetary
data, financial statements, reports and other information and comply with
such directives.
(5) After approval of each Budget, the financially distressed city shall
promptly notify the Authority of any material change in the revenue or
expenditure estimates in the Budget. The city may submit to the Authority,
or the Authority may require the city to submit, a supplemental Budget
based upon revised revenue or expenditure estimates or for any other good
reason. The Authority shall approve or reject each supplemental Budget
pursuant to paragraph (3) of this Section.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-17) (from Ch. 24, par. 8-12-17)
Sec. 8-12-17.
(a) No contract or other obligation shall be entered into
by the financially distressed city unless it is consistent with the
Financial Plan and Budget in effect. No multi-year employment contract or
collective bargaining agreement authorized or entered into by the city in
accordance with applicable statutes and ordinances shall, with respect to
any terms and provisions thereof which are operative after expiration of
the first year of any such contract or agreement, be deemed inconsistent
with a Financial Plan and Budget at any time in effect; provided, however,
that any terms and provisions of a contract or agreement which would
increase expenditures for salaries, benefits or other forms of compensation
after the expiration of the first year of such contract or agreement shall
be contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(b) The Authority may adopt, and from time to time amend,
regulations identifying categories and types of contracts and other
obligations that shall be subject to approval by the Authority and
the procedure for submitting contracts for approval. Each contract or
other obligation that is entered into by the financially distressed city
and that requires approval by the Authority shall contain a provision
stating (i) that it shall not become legally binding on the city unless and
until it has received the approval of the Authority, and (ii) that the
Authority shall approve the contract if, in the Authority's judgment, the
information required to be submitted is complete with respect to the
contract or other obligation being an authorized expenditure within the
Financial Plan and Budget and the contract or other obligation is
consistent with the Financial Plan and Budget in effect. No contract or
other obligation that requires the approval of the Authority shall be
legally binding on the city unless and until it has received the approval
of the Authority. Subject to the foregoing, the prior approval of the
Authority is not required in order for the city to enter into a contract.
(c) The Authority shall approve the contract or obligation if, in
its judgement, the information required to be submitted is complete
and the contract or other obligation is consistent with the Budget and
Financial Plan in effect. Otherwise, the Authority shall reject the
contract or other obligation; provided, however, that any multi-year
employment contract or collective bargaining agreement authorized or
entered into by the city in accordance with applicable statutes and
ordinances shall be approved by the Authority if, in its judgement, the
terms and provisions operative during the first year of such contract
or agreement are consistent with the Budget and Financial Plan in
effect for that period, subject to the limitation that any terms and
provisions of any such contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of the contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-18) (from Ch. 24, par. 8-12-18)
Sec. 8-12-18.
The financially distressed city shall meet its debt
service obligations as they become due. No other expenditure shall be made
by the city unless it is consistent with the Financial Plan and Budget in
effect.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-19) (from Ch. 24, par. 8-12-19)
Sec. 8-12-19.
The Authority shall appoint and shall have the authority
to remove a financial management officer. The financial management officer
shall have the responsibility for advising on the preparation of the Budget
and Financial Plan of the financially distressed city and for monitoring
expenditures of the city. The financial management officer shall be the
authorized signatory for all expenditures made from the proceeds of any
State loans provided for the benefit of the city pursuant to this Division
or any other law of this State, and for all expenditures made from
financial aid provided for the benefit of the city from Obligations issued
by the Illinois Finance Authority for such purposes
in
accordance with applicable provisions of the Illinois
Finance
Authority Act. The financial management officer shall be an employee of and
shall report to the Authority, may be granted authority by the Authority to
hire a specific number of employees to assist in meeting responsibilities,
and shall have access to all financial data and records of the city which
he or she deems necessary for the proper and efficient exercise of such
responsibilities. Neither the Authority or the financial management
officer shall have any authority to hire, fire or appoint city employees or
to manage the day-to-day operations of the city.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/8-12-20) (from Ch. 24, par. 8-12-20)
Sec. 8-12-20.
Upon direction of the Authority, the financially
distressed city shall reorganize its financial accounts and its management
and budgetary systems in whatever manner the Authority deems appropriate to
achieve greater financial responsibility and control. The Authority shall
not have the power to affect the taxing authority or to consolidate or
reduce the restricted debt service funds of the city.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-21) (from Ch. 24, par. 8-12-21)
Sec. 8-12-21.
The Authority in its sole discretion may intercept any
payments that the city from time to time is entitled to receive from any
funds then or thereafter held by the State Treasurer to the credit of the
city or otherwise in the custody of the State Treasurer to the credit of
the city, whether in or outside of the State Treasury, upon the occurrence
of any of the following:
(1) The financially distressed city's initial | ||
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(2) Any Financial Plan or Budget for any subsequent | ||
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(3) The financially distressed city materially | ||
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The intercept shall be made pursuant to written notice given by the
Authority to the State Comptroller and State Treasurer, setting forth the
amount of the intercept, which may be an aggregate amount not exceeding the
sum of the full amount of any outstanding State loans provided for the
benefit of the city pursuant to this Division or any other law of this
State, plus the full amount of all outstanding Obligations issued by the
Illinois Finance Authority on the financially
distressed city's
behalf in accordance with applicable provisions of the Illinois
Finance Authority Act. The State Comptroller and State Treasurer shall pay
to the Authority, from such funds as from time to time are legally
available therefor, the aggregate amount of the intercept, unless the
Authority sooner notifies the State Comptroller and State Treasurer in
writing that no further payments that the city is entitled to receive shall
be intercepted under the provisions of this Section.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/8-12-22) (from Ch. 24, par. 8-12-22)
Sec. 8-12-22.
(a) After the Authority has certified to the Governor
that the financially distressed city has completed 10 successive years of
balanced budgets:
(1) The powers and responsibilities granted or | ||
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(2) The provisions of Section 8-12-14 shall continue | ||
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(b) The Authority and the Illinois Finance
Authority
shall review each Budget, audit report and supplemental report filed with
them as provided in paragraph (2) of subsection (a). In the event the
financially distressed city fails to file any Budget or certified copy of
an audit report or supplemental report as provided in paragraph (2) of
subsection (a), or in the event the Illinois Finance
Authority,
after consultation with the Authority, determines that the Budget adopted
by the financially distressed city and filed as provided in paragraph (2)
of subsection (a) is not balanced as required under Section 8-12-14, the
Illinois Finance Authority shall certify such failure
to file, or
failure to adopt a Budget which is balanced as required, to the Governor;
and concurrent with that certification, the Authority established under
Section 8-12-5 and the financially distressed city shall resume the
exercise and performance of their respective powers and responsibilities
pursuant to each Section of this Division.
(c) When the Illinois Finance Authority determines
that
all of its Obligations have been fully paid and discharged or otherwise
provided for, it shall certify that fact to the Governor; and the Authority
established under Section 8-12-5 shall be abolished 30 days after the date
of that certification. Upon abolition of the Authority as provided in this
subsection, this Division shall have no further force or effect upon the
financially distressed city.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/8-12-23) (from Ch. 24, par. 8-12-23)
Sec. 8-12-23.
A financially distressed city to which this Division
applies shall remain subject to all other applicable provisions of this
Act, except as limited by this Division; provided, however, that in case of
a conflict between the provisions of this Division and any other provision
of this Act, the provisions of this Division shall control.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-24) (from Ch. 24, par. 8-12-24)
Sec. 8-12-24.
A home rule unit which is a financially distressed city
to which this Division is applicable as provided in Section 8-12-4 may not
employ financial or fiscal accounting or budgetary procedures or systems,
nor place into effect any Financial Plan or Budget, nor enter into any
contract or make any expenditure, nor otherwise conduct its financial and
fiscal affairs or take other action in a manner inconsistent with the
provisions of this Division, until such time as the powers and
responsibilities of the Authority are terminated as provided in Section
8-12-22. This Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent exercise by home
rule units which are financially distressed cities to which this Division
is applicable as provided in Section 8-12-4 of powers and functions
exercised by the State.
(Source: P.A. 86-1211.)
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(65 ILCS 5/Art. 8 Div. 13 heading) DIVISION 13. ASSIGNMENT OF RECEIPTS
(Source: P.A. 100-23, eff. 7-6-17.) |
(65 ILCS 5/8-13-5) Sec. 8-13-5. Definitions. As used in this Article: "Assignment agreement" means an agreement between a transferring unit and an issuing entity for the conveyance of all or part of any revenues or taxes received by the transferring unit from a State entity. "Conveyance" means an assignment, sale, transfer, or other conveyance. "Deposit account" means a designated escrow account established by an issuing entity at a trust company or bank having trust powers for the deposit of transferred receipts under an assignment agreement. "Issuing entity" means (i) a corporation, trust or other entity that has been established for the limited purpose of issuing obligations for the benefit of a transferring unit, or (ii) a bank or trust company in its capacity as trustee for obligations issued by such bank or trust company for the benefit of a transferring unit. "State entity" means the State Comptroller, the State Treasurer, or the Illinois Department of Revenue. "Transferred receipts" means all or part of any revenues or taxes received from a State entity that have been conveyed by a transferring unit under an assignment agreement. "Transferring unit" means a home rule municipality located in the State.
(Source: P.A. 100-23, eff. 7-6-17.) |
(65 ILCS 5/8-13-10) Sec. 8-13-10. Assignment of receipts. (a) Any transferring unit which receives revenues or taxes from a State entity may (to the extent not prohibited by any applicable statute, regulation, rule, or agreement governing the use of such revenues or taxes) authorize, by ordinance, the conveyance of all or any portion of such revenues or taxes to an issuing entity. Any conveyance of transferred receipts shall: (i) be made pursuant to an assignment agreement in exchange for the net proceeds of obligations issued by the issuing entity for the benefit of the transferring unit and shall, for all purposes, constitute an absolute conveyance of all right, title, and interest therein; (ii) not be deemed a pledge or other security interest for any borrowing by the transferring unit; (iii) be valid, binding, and enforceable in accordance with the terms thereof and of any related instrument, agreement, or other arrangement, including any pledge, grant of security interest, or other encumbrance made by the issuing entity to secure any obligations issued by the issuing entity for the benefit of the transferring unit; and (iv) not be subject to disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of consideration, or any other fact, occurrence, or State law or rule. On and after the effective date of the conveyance of the transferred receipts, the transferring unit shall have no right, title or interest in or to the transferred receipts conveyed and the transferred receipts so conveyed shall be the property of the issuing entity to the extent necessary to pay the obligations issued by the issuing entity for the benefit of the transferring unit, and shall be received, held, and disbursed by the issuing entity in a trust fund outside the treasury of the transferring unit. An assignment agreement may provide for the periodic reconveyance to the transferring unit of amounts of transferred receipts remaining after the payment of the obligations issued by the issuing entity for the benefit of the transferring unit. (b) In connection with any conveyance of transferred receipts, the transferring unit is authorized to direct the applicable State entity to deposit or cause to be deposited any amount of such transferred receipts into a deposit account in order to secure the obligations issued by the issuing entity for the benefit of the transferring unit. Where the transferring unit states that such direction is irrevocable, the direction shall be treated by the applicable State entity as irrevocable with respect to the transferred receipts described in such direction. Each State entity shall comply with the terms of any such direction received from a transferring unit and shall execute and deliver such acknowledgments and agreements, including escrow and similar agreements, as the transferring unit may require to effectuate the deposit of transferred receipts in accordance with the direction of the transferring unit. (c) Not later than the date of issuance by an issuing entity of any obligations secured by collections of transferred receipts, a certified copy of the ordinance authorizing the conveyance of the right to receive the transferred receipts, together with executed copies of the applicable assignment agreement and the agreement providing for the establishment of the deposit account, shall be filed with the State entity having custody of the transferred receipts.
(Source: P.A. 100-23, eff. 7-6-17.) |
(65 ILCS 5/8-13-11) Sec. 8-13-11. Liens for obligations. (a) As used in this Section, "statutory lien" has the meaning given to that term under 11 U.S.C. 101(53) of the federal Bankruptcy Code. (b) Obligations issued by an issuing entity shall be secured by a statutory lien on the transferred receipts received, or entitled to be received, by the issuing entity that are designated as pledged for such obligations. The statutory lien shall automatically attach from the time the obligations are issued without further action or authorization by the issuing entity or any other entity, person, governmental authority, or officer. The statutory lien shall be valid and binding from the time the obligations are executed and delivered without any physical delivery thereof or further act required, and shall be a first priority lien unless the obligations, or documents authorizing the obligations or providing a source of payment or security for those obligations, shall otherwise provide. The transferred receipts received or entitled to be received shall be immediately subject to the statutory lien from the time the obligations are issued, and the statutory lien shall automatically attach to the transferred receipts (whether received or entitled to be received by the issuing entity) and be effective, binding, and enforceable against the issuing entity, the transferring unit, the State entity, the State of Illinois, and their agents, successors, and transferees, and creditors, and all others asserting rights therein or having claims of any kind in tort, contract, or otherwise, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. The statutory lien imposed by this Section is automatically released and discharged with respect to amounts of transferred receipts reconveyed to the transferring unit pursuant to Section 8-13-10 of this Code, effective upon such reconveyance. (c) The statutory lien provided in this Section is separate from and shall not affect any special revenues lien or other protection afforded to special revenue obligations under the federal Bankruptcy Code.
(Source: P.A. 100-23, eff. 7-6-17.) |
(65 ILCS 5/8-13-15) Sec. 8-13-15. Pledges and agreements of the State. The State of Illinois pledges to and agrees with each transferring unit and issuing entity that the State will not limit or alter the rights and powers vested in the State entities by this Article with respect to the disposition of transferred receipts so as to impair the terms of any contract, including any assignment agreement, made by the transferring unit with the issuing entity or any contract executed by the issuing entity in connection with the issuance of obligations by the issuing entity for the benefit of the transferring unit until all requirements with respect to the deposit by such State entity of transferred receipts for the benefit of such issuing entity have been fully met and discharged. In addition, the State pledges to and agrees with each transferring unit and each issuing entity that the State will not limit or alter the basis on which the transferring unit's share or percentage of transferred receipts is derived, or the use of such funds, so as to impair the terms of any such contract. Each transferring unit and issuing entity is authorized to include these pledges and agreements of the State in any contract executed and delivered as described in this Article. In no way shall the pledge and agreements of the State be interpreted to construe the State as a guarantor of any debt or obligation subject to an assignment agreement under this Division.
(Source: P.A. 100-23, eff. 7-6-17.) |
(65 ILCS 5/8-13-20) Sec. 8-13-20. Home rule. A home rule unit may not enter into assignment agreements in a manner inconsistent with the provisions of this Article. This Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(Source: P.A. 100-23, eff. 7-6-17.) |
(65 ILCS 5/Art. 9 heading) ARTICLE 9
LOCAL IMPROVEMENTS
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(65 ILCS 5/Art. 9 Div. 1 heading) DIVISION 1.
PROVISIONS GENERALLY APPLICABLE
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(65 ILCS 5/9-1-1) (from Ch. 24, par. 9-1-1)
Sec. 9-1-1.
The provisions of Sections 9-1-2 through 9-1-10 apply in all
municipalities unless otherwise provided in any of such sections.
The provisions of Sections 9-1-11 through 9-1-14 are alternative to and
not in exclusion of other methods of disposition of undistributed or
unclaimed money received from the making of any local improvement paid for
wholly or in part by special assessment or special taxation.
Any municipality in making local improvements may use either the
procedure set out in Division 2 of this Article or the procedure set out
in Division 3 of this Article subject to any restrictions appearing in
such divisions. Once a local improvement is begun under one of the
procedures it must be completed pursuant to the same procedure.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-1-2) (from Ch. 24, par. 9-1-2)
Sec. 9-1-2.
When the ordinance under which a local improvement is ordered
to be made provides that the improvement shall be made by general taxation,
the cost of the improvement shall be added to the annual appropriation
ordinance of the municipality ordering the improvement and shall be levied
and collected with and as a part of the general taxes of that municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-1-3) (from Ch. 24, par. 9-1-3)
Sec. 9-1-3.
No ordinance ordering a local improvement shall be repealed
except on a written recommendation of the board of local improvements, or
committee on local improvements, as the case may be, stating the reasons
therefor. This section shall not apply to municipalities having a
population of less than 100,000.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-1-4) (from Ch. 24, par. 9-1-4)
Sec. 9-1-4.
The board of local improvements or committee on local
improvements, as the case may be, shall submit to the corporate
authorities, during the months of May and October of each year, for 3 years
following the completion of any public work, a written report of its
condition based upon a careful examination of the public work by the board
of local improvements, or by the committee on local improvements, as the
case may be, or by its representative, who shall be an experienced and
capable person of good
character. This section shall not apply to municipalities
having a population of less than 100,000.
(Source: P.A. 80-324.)
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(65 ILCS 5/9-1-5) (from Ch. 24, par. 9-1-5)
Sec. 9-1-5.
Any municipality having any undistributed or unclaimed money
received from the making of any local improvement paid for wholly or in
part by special assessment or special taxation, and which money has
remained in the possession of the municipality for a period of 4 years or
more from the due date of the last installment undistributed or unclaimed
as a rebate or refund, after complying with all provisions for the
distribution of such rebates or refunds set out in Divisions 2 and 3 of
this Article, may set aside and transfer the money, so undistributed or
unclaimed, into a special fund to be known as the unclaimed rebate fund.
This fund may be used as provided in Sections 9-1-6 through 9-1-10.
(Source: Laws 1963, p. 2431.)
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(65 ILCS 5/9-1-6) (from Ch. 24, par. 9-1-6)
Sec. 9-1-6.
Before the money so remaining undistributed or unclaimed
and in the possession of a municipality is set aside and transferred
into the unclaimed rebate fund, the board of local improvements, or the
committee on local improvements, as the case may be, of the municipality
shall have a notice published at least once a week for 8 successive
weeks in a newspaper published in the municipality, or, if no newspaper
is published therein, then in a newspaper with a general circulation
within the municipality. In municipalities with less than 500
population in which no newspaper is published, publication may be made
by posting a notice in 3 prominent places within the municipality.
The notice shall describe in a general manner the improvement in
which there is an undistributed or unclaimed rebate or refund, giving
the location of the improvement and the warrant number, and shall give
notice that the municipality, by ordinance after the expiration of 60
days from the date of the first publication of this notice, will set
aside and transfer all money which has remained for a period of 4 years,
or more, undistributed or unclaimed as a rebate or refund, into the
unclaimed rebate fund, and shall state that unless the money is claimed
by the person entitled thereto within the 60 day period, and the passage
of an ordinance by the municipality, all interest therein and all right
and title thereto shall be forfeited and barred.
A certificate of the publication of this notice, with a copy thereof,
accompanied by the affidavit of the publisher that the publication has
been made and setting forth the date of the first and last publication
thereof shall be filed in the office of the board of local improvements,
or the committee on local improvements, as the case may be. The board
or committee thereupon shall certify the fact of the publication to the
corporate authorities of the municipality and shall therewith recommend
the passage of an ordinance making transfer of the specified money into
the unclaimed rebate fund.
(Source: P.A. 80-179.)
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(65 ILCS 5/9-1-7) (from Ch. 24, par. 9-1-7)
Sec. 9-1-7.
The corporate authorities, by ordinance, may create an
unclaimed rebate fund and may provide for its regulation and control, and
from time to time upon the recommendation specified in Section 9-1-6, may
direct that the undistributed and unclaimed money described in Section
9-1-5, be set aside and transferred to the unclaimed rebate fund.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-1-8) (from Ch. 24, par. 9-1-8)
Sec. 9-1-8.
Unless a claim is made by the person entitled thereto before
the passage of an ordinance by a municipality, as specified in Section
9-1-6, all interest therein and all right and title thereto of all
claimants shall be forfeited and barred. No action shall be begun or claim
made for any money undistributed or unclaimed as a rebate or refund,
received from the making of any local improvement, paid for wholly or in
part by special assessment or special taxation, after the money has
remained in the possession of a municipality undistributed or unclaimed as
a rebate or refund, for a period of 4 years or more from the due date of
the last installment, and where the money has been set aside and
transferred into the unclaimed rebate fund in the manner provided in
Sections 9-1-5 through 9-1-7.
(Source: Laws 1963, p. 2431.)
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(65 ILCS 5/9-1-9) (from Ch. 24, par. 9-1-9)
Sec. 9-1-9.
Any municipality having an unclaimed rebate fund as provided in
Sections 9-1-5 through 9-1-7, by ordinance may at its option direct the use
of the money in that fund for any public purpose for which the
municipality is authorized by law to expend funds.
(Source: P.A. 84-581.)
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(65 ILCS 5/9-1-10) (from Ch. 24, par. 9-1-10)
Sec. 9-1-10.
Whenever any municipality creates an unclaimed rebate fund and
by ordinance directs the use of the money in that fund for the purpose of
paying rebates or refunds due on any warrant for any special assessment or
special tax, the equivalent of any such money so used shall be returned to
the unclaimed rebate fund as soon as the warrants, which were deficient,
have been collected. Whenever any municipality directs the use of the money
in that fund for the purpose of paying unpaid special assessment vouchers
or special assessment bonds or special tax vouchers or interest or
deficiency in interest or public benefits in any warrant in which there is
a deficiency, the equivalent of any such money so used or any part thereof
shall be returned to the unclaimed rebate fund in the event there is
collected in the warrant any surplus in excess of the amount required to
pay the bonds and vouchers issued to anticipate such warrant. Whenever any
municipality directs the use of the money in the fund for the purpose of
purchasing any lot, block or tract or parcel of land, or any real estate at
any sale had to enforce the collection of special assessments or special
taxes, the proceeds of any redemption from such sale or from any sale of
the certificate or title acquired by such sale, to an amount equivalent to
any such money so used or any part thereof, shall be returned to the
unclaimed rebate fund.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-1-11) (from Ch. 24, par. 9-1-11)
Sec. 9-1-11.
Whenever the treasurer of any municipality has petitioned a
court of record for directions as to the distribution of undistributed or
unclaimed money received from the making of any local improvement paid for
wholly or in part by special assessment or special taxation, and, under
order of the court, public notice has been given of the amounts of rebates
payable and of the names of the persons entitled to them by publication one
time in a secular newspaper of general circulation in the county where the
municipality is located, and more than one year has elapsed since the
publication of the notice, the judge of the court of record may order the
money remaining unclaimed to be paid to the treasurer of the municipality
in trust. However, in all cases where all special assessment bonds in a
special assessment warrant have been paid and retired and where
reimbursements have been made, all moneys remaining in such warrants shall
be paid over and transferred to the general corporate fund of the
municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-1-12) (from Ch. 24, par. 9-1-12)
Sec. 9-1-12.
If the corporate authorities have created an unclaimed rebate
fund, the treasurer shall transfer to the unclaimed rebate fund, in trust
any funds which the court of record may have ordered paid to such
treasurer. Subject to the provisions of Section 9-1-14, the funds may be
used as provided in Sections 9-1-9 and 9-1-10.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-1-13) (from Ch. 24, par. 9-1-13)
Sec. 9-1-13.
If the corporate authorities have not created an unclaimed
rebate fund, the treasurer shall transfer to the general fund of the
municipality, in trust, any funds which the court of record may order paid
to such treasurer. Subject to the provisions of Section 9-1-14, the funds
may be used as provided in Sections 9-1-9 and 9-1-10.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-1-14) (from Ch. 24, par. 9-1-14)
Sec. 9-1-14.
Any person entitled to any unclaimed sum of money paid into
the general fund of a municipality, in trust, under the provisions of
Sections 9-1-12 or 9-1-13 must apply or make claim, or commence action for
the repayment thereof in the manner and within the time set forth in
Sections 9-1-5 through 9-1-10.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 9 Div. 2 heading) DIVISION 2.
LOCAL IMPROVEMENT
PROCEDURES RESTRICTED TO
CERTAIN MUNICIPALITIES
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(65 ILCS 5/9-2-1) (from Ch. 24, par. 9-2-1)
Sec. 9-2-1.
This Division 2 applies to all cities and villages incorporated
under this Code and to any city, village or incorporated town organized
under a special charter if such city, village or incorporated town has,
prior to, on or after the effective date of this Code, adopted the
provisions of this Division 2 as provided herein.
The corporate authorities of the specified municipalities have the power
to make such local improvements as are authorized by law, by special
assessment or special taxation of contiguous property, or by general
taxation, or otherwise, as such corporate authorities prescribe by
ordinance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-2) (from Ch. 24, par. 9-2-2)
Sec. 9-2-2.
In this Division 2, the following terms have the meaning
ascribed to them unless the context indicates otherwise:
"Municipality" means any city, village or incorporated town which comes
within the scope of this Division 2 as determined by the provisions of
Section 9-2-1.
"Work" means labor performed or material used, or both, as the corporate
authorities may determine.
"Subways" means all tunnels, entrances, exits, passageways, connections,
approaches, inclines, elevators, stations and other structures, equipment,
appliances or appurtenant property appropriate to a system of subways.
"Pedestrian Mall" means one or more streets, or portions thereof, on
which vehicular traffic is or is to be restricted in whole or in part and
which is or is to be used exclusively or primarily for pedestrian travel.
"Prime Commercial Rate" means such prime rate as from time to time is
publicly announced by the largest commercial banking institution located
in this State, measured in terms of total assets.
(Source: P.A. 82-642.)
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(65 ILCS 5/9-2-3) (from Ch. 24, par. 9-2-3)
Sec. 9-2-3.
Any municipality which after July 6, 1937, enters into an
agreement with the Federal Government or any agency thereof or other
governmental agency for the construction, extension, improvement or repair
of any local improvements with the aid of a Federal grant of money, or any
other governmental grant of money, services, or materials may, for the
purpose of raising its portion of the funds necessary for such
construction, extension, improvement, or repair, provide a special tax or
special assessment of the property benefited, to pay for the share of that
improvement to be met by the municipality. This special tax or special
assessment shall be levied and collected, and the proceedings incident
thereto shall be carried on, in conformance with the provisions of this
Division 2, in so far as those provisions are applicable.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-4) (from Ch. 24, par. 9-2-4)
Sec. 9-2-4.
Any municipality in or adjacent to which any Federal
defense project is in progress or is about to be in progress, may, if
the Defense Department of the United States, or any officer thereof
designated by the Secretary of Defense for such purpose, certifies that
the water supply, sewage system or highway system of such municipality
is inadequate to provide sufficient facilities due to the increase or
anticipated increase in the population of such municipality on account
of such project, provide a special tax or special assessment of the
property benefited, (or in case the Federal Government or any agency
thereof grants moneys, services or materials, for raising its portion of
the funds necessary), for such construction, extension, improvement or
repair. Such special tax or special assessment shall be levied and
collected and the proceedings incident thereto shall be carried on, in
conformance with the provisions of this Division 2, in so far as such
provisions are applicable, with the following exceptions: (1) no public
hearing, as provided in Section 9-2-10, shall be necessary; (2) if the
improvement is accomplished through Federal aid which takes the form of
the supplying of labor and materials rather than funds, no public
letting of contract shall be required; (3) to meet such emergency, the
municipality may secure temporary financing therefor and levy such
special tax or assessment during construction of the improvement or at
any time within one year thereafter and utilize the proceeds of such
levy or assessment (or bonds issued in anticipation thereof) to retire
such temporary financing when and if such tax or assessment shall be
confirmed by the Circuit Court wherein such municipality shall be
situated.
(Source: P.A. 80-1495.)
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(65 ILCS 5/9-2-4.5) Sec. 9-2-4.5. Special assessment for payment of costs associated with certain ordinance violations. (a) For purposes of this Section, "Code" means any municipal ordinance that requires, after notice, the cutting of grass and weeds, the removal of garbage and debris, the removal of inoperable motor vehicles, and rodent and vermin abatement.
(b) In addition to any other method authorized by law, if (i) a property owner is cited with a Code violation, (ii) non-compliance is found upon reinspection of the property after the due date for compliance with an order to correct the Code violation or with an order for abatement, (iii) costs for services rendered by the municipality to correct the Code violation remain unpaid at the point in time that they would become a debt due and owing the municipality, as provided in Division 31.1 of Article 11 of the Illinois Municipal Code, and (iv) a lien has been filed of record by the municipality in the office of the recorder in the county in which the property is located, then those costs may be collected as a special assessment on the property under this Division. Upon payment of the costs by the owner of record or persons interested in the property, the lien shall be released by the municipality and the release shall be filed of record in the same manner as the filing of notice of the lien.
(Source: P.A. 93-993, eff. 1-1-05.) |
(65 ILCS 5/9-2-5) (from Ch. 24, par. 9-2-5)
Sec. 9-2-5.
When any municipality provides by ordinance for the making of
any local improvement, it shall prescribe by the same ordinance whether the
improvement shall be made by special assessment or special taxation of
contiguous property, or by general taxation, or by special assessment of
contiguous property and by general taxation, or by special taxation of
contiguous property and by general taxation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-6) (from Ch. 24, par. 9-2-6)
Sec. 9-2-6.
No ordinance for any local improvement, to be paid wholly or in
part by special assessment or special taxation, shall be considered or
passed by the corporate authorities of any such municipality unless the
ordinance is first recommended by the board of local improvements;
provided, however, that after the ordinance for any local improvement has
been adopted by the corporate authorities and before the same is confirmed
in court, the corporate authorities, upon recommendation of the board of
local improvements, may by ordinance abandon any portion of the proposed
improvement without further action by or hearing before the board.
(Source: Laws 1963, p. 2424.)
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(65 ILCS 5/9-2-7) (from Ch. 24, par. 9-2-7)
Sec. 9-2-7.
In cities having a population of 500,000 or more, there is
created a board of local improvements consisting of the superintendent of
special assessments and 5 other members. These 5 other members shall be
nominated by the mayor and shall be confirmed by the city council. None of
the members of the board, except the superintendent of special assessments,
shall hold any other office or position in any government department of the
city. The Board shall elect from its members a president, a vice president,
and an assistant secretary. The superintendent of special assessments shall
be ex-officio secretary of the board. In the absence or the inability of
the president or secretary to act, the vice president for the president and
the assistant secretary for the secretary have full power to sign and
execute contracts, vouchers, bonds, payrolls, and all other papers,
documents, and instruments necessary. The board shall hold regular and
special sessions, as it may determine, for the transaction of all business
in rooms accessible to the public, to be provided by the city council. The
city council of the city shall provide for salaries for the board of local
improvements.
In cities having a population of 50,000 or more and less than 500,000,
there is created a board of local improvements consisting of 6 members, of
which board the commissioner of public works shall be the president. The
other members of this board shall be the superintendent of streets, the
superintendent of sewers, the superintendent of special assessments, the
city engineer and the city clerk, or if there is no office of City Clerk,
the City Comptroller.
In cities having a population of less than 50,000, and in villages and
incorporated towns, the board of local improvements shall consist of the
mayor of the city, or the president of the village or incorporated town,
and the public engineer and the superintendent of streets of the
municipality, where such officers are provided for by ordinance. But if at
any time such officers are not so provided for, the corporate authorities,
by ordinance, shall designate 2 or more members of their body who, with the
mayor or president of the village or incorporated town shall constitute the
members of the board, until otherwise provided by ordinance. The mayor or
president, as the case may be, shall be president of the board.
The corporate authorities of any municipality having a population of
more than 18,000 and less than 100,000, may provide by ordinance for the
payment of salaries to the members of the board of local improvements, but
if any member of such a board holds any other office in the government of
that municipality, his salary as member of the board shall not exceed the
sum of $100 per month.
However, in cities, having a population of less than 100,000, and in
villages, where such cities and villages prior to or after the effective
date of this Code adopt the commission form of municipal government,
corporate authorities of such cities and villages may provide by ordinance
that the board of local improvements shall consist of the mayor and any 2
or more of the commissioners, regardless of whether or not the offices of
public engineer and superintendent of streets are provided for by
ordinance.
(Source: P.A. 82-432.)
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(65 ILCS 5/9-2-8) (from Ch. 24, par. 9-2-8)
Sec. 9-2-8.
In cities having a population of 500,000 or more, and having a
chief clerk of special assessments, that chief clerk of special
assessments, in the event of the absence or inability to act of the
superintendent of special assessments, may, with full effect, perform all
acts and duties provided for in this Division 2 to be performed by the
superintendent of special assessments.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-9) (from Ch. 24, par. 9-2-9)
Sec. 9-2-9.
Preliminary procedure for local improvements by special
assessment. All ordinances for local improvements to be paid for wholly or
in part by special assessment or special taxation shall originate with the
board of local improvements. Petitions for any local improvement shall be
addressed to that board. The board may originate a scheme for any local
improvement to be paid for by special assessment or special tax, either
with or without a petition, and in either case shall adopt a resolution
describing the proposed improvement. This resolution may provide that
specifications for the proposed improvement be made part of the resolution
by reference to specifications previously adopted by resolution by the
municipality, or to specifications adopted or published by the State of
Illinois or a political subdivision thereof, provided that a copy of the
specifications so adopted by reference is on file in the office of the
clerk of the municipality. This resolution shall be at once transcribed
into the records of the board.
The proposed local improvement may consist of the acquisition of the
necessary interests in real property and the construction of
any public improvement or any combination of public improvements, including,
but not limited to, streets,
storm drain sewers, water mains, sanitary
sewer improvements, sidewalks, walkways, bicycle paths, landscaping, lighting
improvements, signage improvements, vehicular parking improvements, any
additional improvements necessary to provide access to the public improvements,
and all necessary
appurtenances in
a local contiguous area pursuant to a single special assessment project,
provided that in
assessing each lot, block, tract, and parcel of property, the commissioner so
assessing shall take into consideration whether each lot, block, tract, or
parcel is benefited by all or only some of the improvements combined into the
single special assessment project.
For purposes hereof, a local contiguous area shall be defined as an area
in which all of the lots, blocks, tracts, or parcels located within the
boundaries thereof will be benefited by one or more of the proposed
improvements.
The fact that more than one improvement is
being constructed as part of a single special assessment project shall not be
grounds
for an objection by an assessee to the special assessment proceeding in
court.
Whenever the proposed improvement requires that private or public
property be taken or damaged, the resolution shall describe the property
proposed to be taken or damaged for that purpose. The board, by the same
resolution, shall fix a day and hour for a public hearing thereon. The
hearing shall not be less than 10 days after the adoption of the
resolution. The board shall also have an estimate of the cost of the
improvement (omitting land to be acquired) made in writing by the engineer
of the board, (if there is an engineer, if not, then by the president) over
his signature. This estimate shall be itemized to the satisfaction of the
board and shall be made a part of the record of the resolution. However,
such an estimate is not required in municipalities having a population of
100,000 or more when the proposed improvement consists only of taking or
damaging private or public property. And in cities and villages which have
adopted prior to the effective date of this Code or which after the
effective date of this Code adopt the commission form of municipal
government, the estimate of the cost of the improvement, (omitting land to
be acquired), shall be made in writing by the public engineer if there is
one, of the city or village, if not, then by the mayor or president of the
city or village.
Notice of the time and place of the public hearing shall be sent by mail
directed to the person who paid the general taxes for the last preceding
year on each lot, block, tract, or parcel of land fronting on the proposed
improvement not less than 5 days prior to the time set for the public
hearing. These notices shall contain (1) the substance of the resolution
adopted by the board, (2) when an estimate is required by this Division 2
the estimate of the cost of the proposed improvement, and (3) a
notification that the extent, nature, kind, character, and (when an
estimate is required by this article) the estimated cost of the proposed
improvement may be changed by the board at the public hearing thereon. If
upon the hearing the board deems the proposed improvement desirable, it
shall adopt a resolution and prepare and submit an ordinance therefor. But
in proceedings only for the laying, building, constructing, or renewing of
any sidewalk, water service pipe, or house drain, no resolution, public
hearing, or preliminary proceedings leading up to the same are necessary.
In such proceedings the board may submit to the corporate authorities an
ordinance, together with its recommendation and (when an estimate is
required) the estimated cost of the improvement, as made by the engineer.
Such proceedings shall have the same effect as though a public hearing had
been held thereon.
In the event that a local improvement is to be constructed with the
assistance of any agency of the Federal government, or other governmental
agency, the resolution of the board of local improvements shall set forth
that fact and the estimate of cost shall set forth and indicate, in dollars
and cents, the estimated amount of assistance to be so provided.
(Source: P.A. 93-196, eff. 1-1-04.)
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(65 ILCS 5/9-2-10) (from Ch. 24, par. 9-2-10)
Sec. 9-2-10.
At the time and place fixed in the specified notice for the
public hearing, the board of local improvements shall meet and hear the
representations of any person desiring to be heard on the subject of the
necessity for the proposed improvement, the nature thereof, or the cost as
estimated. In case any person appears to object to the proposed improvement
or any of the elements thereof, the board shall adopt a new resolution
abandoning the proposed scheme or adhering thereto, or changing, altering,
or modifying the extent, nature, kind, character, and estimated cost,
provided the change does not increase the estimated cost of the improvement
to exceed 20% of the same, without a further public hearing thereon, as it
considers most desirable. Thereupon, if the proposed improvement is not
abandoned, the board shall have an ordinance prepared therefor, to be
submitted to the corporate authorities. This ordinance shall prescribe the
nature, character, locality, and description of the improvement and shall
provide whether the improvement shall be made wholly or in part by special
assessment or special taxation of contiguous property. This ordinance may
provide that specifications for the proposed improvement be made part of
the ordinance by reference to specifications previously adopted by
ordinance by the municipality, or to specifications adopted or published by
the State of Illinois or a political subdivision thereof, provided that a
copy of the specifications so adopted by reference is on file in the office
of the clerk of the municipality. If the improvement is to be paid in part
only by special assessment or special taxation, the ordinance shall so
state.
If property is to be taken or damaged for the improvement, the ordinance
shall describe the property with reasonable certainty.
In cities having a population of 500,000 or over when a remonstrance
petition is filed by the owners of a majority of the frontage on the line
of the proposed improvement with the board of local improvements within 30
days after the public hearing thereon, the board shall thereupon stay all
proceedings therein for one year from that date. This remonstrance petition
shall contain the signatures of the owners or legal representatives, the
description of the property owned or represented, and the number of feet so
owned or represented and shall be verified by affidavit of one or more
property owners fronting on the line of the proposed improvement, setting
forth that the party making the affidavit is a property owner, fronting on
the proposed improvement and that the parties who signed the petition are
the owners or legal representatives of the property described therein.
(Source: Laws 1963, p. 2425.)
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(65 ILCS 5/9-2-11) (from Ch. 24, par. 9-2-11)
Sec. 9-2-11.
Accompanying any ordinance for a local improvement presented
by the board of local improvements to the corporate authorities shall be a
recommendation of such improvement by the board, signed by at least a
majority of the members thereof. The recommendation by the board shall be
prima facie evidence that all the preliminary requirements of the law have
been complied with. If a variance is shown on the proceedings in the court,
it shall not affect the validity of the proceeding, unless the court deems
the variance willful or substantial.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-12) (from Ch. 24, par. 9-2-12)
Sec. 9-2-12.
An estimate of the cost of the improvement, including the cost
of engineering services, as originally contemplated, or as changed,
altered, or modified at the public hearing, itemized so far as the board of
local improvements thinks necessary, shall be presented to the corporate
authorities, except when rendered unnecessary by Section 9-2-9, together
with the specified ordinance and recommendation. This estimate of cost
shall be presented over the signature of the engineer of the board, if
there is one, if not, then of the signature of the president of the board,
who shall certify that in his opinion the estimate does not exceed the
probable cost of the improvement proposed and the lawful expenses attending
the improvement.
However, in a city or village which has adopted or which hereafter
adopts the commission form of municipal government, this estimate of cost
shall be over the signature of the public engineer, if there is one, and if
there is no such public engineer, then over the signature of the mayor or
president of that city or village, who shall certify that in his opinion
the estimate does not exceed the probable cost of the improvement proposed
and the lawful expenses attending the improvement.
The recommendation by the board shall be prima facie evidence that it is
based upon a full compliance with the requirements of this Division 2.
In the event the improvement is to be constructed with assistance from
any agency of the Federal Government, or other governmental agency, the
estimate of cost shall state this fact and shall set forth the estimated
amount in dollars and cents that is to be provided by the agency of the
Federal Government or other governmental agency.
The commissioners, superintendent of special assessments, or other
person appointed to make the assessments as provided hereinafter, shall
make a true and impartial assessment upon the petitioning municipality and
the property benefited by such improvement, of that portion of the
estimated cost that is within the benefits exclusive of the amount to be
provided by the agency of the Federal Government or other governmental
agency.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-13) (from Ch. 24, par. 9-2-13)
Sec. 9-2-13. Publication and posting of ordinances. Upon the presentation to the corporate authorities of the
proposed ordinance, together with the required recommendation and estimate,
if the estimate of cost exceeds the sum of $1,000,000, exclusive of the
amount to be paid for land to be taken or damaged, the ordinance shall be
referred to the proper committee and published in the usual way or posted on the municipality's Internet website, in full,
with the recommendation and estimate, at least 10 days before any action is
taken thereon by the corporate authorities. Whenever any plat, plan,
profile, or drawing is a part of the ordinance, or is attached thereto as a
part thereof, or is referred to by the ordinance, it is not necessary to
publish or post that plat, plan, profile, or drawing in connection with the
publication or posting of the ordinance.
(Source: P.A. 96-1075, eff. 7-16-10.)
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(65 ILCS 5/9-2-14) (from Ch. 24, par. 9-2-14)
Sec. 9-2-14.
If the ordinance provides for improvements which require the
taking or damaging of property, the proceeding for making just compensation
therefor shall be as described in Sections 9-2-15 through 9-2-37. Such a
proceeding also shall be governed by the remaining sections of this
Division 2, so far as not in conflict with Sections 9-2-15 through 9-2-37.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-15) (from Ch. 24, par. 9-2-15)
Sec. 9-2-15.
Whenever any local improvement ordinance is passed by the
corporate authorities of any municipality, to be paid for wholly or in part
by special assessment, or by special taxation, the making of which will
require that private or public property be taken or damaged for public use,
the municipality, either in that ordinance or by subsequent order, shall
designate some officer to file a petition in the circuit court of the
county in which the municipality is situated, or if the municipality is
situated in more than one county and the proposed improvement or the
property to be taken or damaged, or both, lies in more than one county,
then in the circuit court in the county in which the major part of the
territory to be affected thereby is situated. Such petition shall be filed
in the name of the municipality, praying that steps may be taken to
ascertain the just compensation to be made for private or public property
to be taken or damaged for the improvement or purpose specified in the
ordinance, and to ascertain what property will be benefited by the
improvement, and the amount of those benefits.
(Source: Laws 1967, p. 3762.)
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(65 ILCS 5/9-2-16) (from Ch. 24, par. 9-2-16)
Sec. 9-2-16.
The petition required in Section 9-2-15 shall contain a
reasonably accurate description of lots, blocks, tracts, and parcels of land
which are to be taken or damaged; provided that in counties in which a property
index number system has been established in accordance with Section 9-45 of the
Property Tax Code, the index number shall be given in addition to the
legal description. There shall be filed with or attached to the petition a copy
of the specified condemnation ordinance, certified by the clerk, under the
corporate seal. Failure to file such a copy shall not affect the jurisdiction
of the court to proceed in that cause and to act upon the petition, but if it
appears in the cause that a copy of the ordinance has not been attached to or
filed with the petition before the report of the commissioners is filed, as
provided in Section 9-2-18, then, upon motion of any person whose real estate
is to be taken, or to be assessed, the entire petition and proceedings shall be
dismissed.
Upon the filing of the petition, the court shall enter an order
designating 2 competent persons as commissioners, to act with the
superintendent of special assessments where that officer is provided for by
this Code, and in other cases to act with the president of the board of
local improvements. These 3 commissioners shall investigate and report to
the court the just compensation to be made to the respective owners of
private or public property which is to be taken or damaged for the
specified improvement, and also what real estate will be benefited by that
improvement, and the amount of those benefits to each parcel. Neither of
the persons designated by the court shall be an employee of the petitioning
municipality and both shall be disinterested persons. They shall be allowed
a fee for their services which shall be fixed by the court in advance. The
amounts so allowed may be reviewed by the court upon motion, and may be
taxed as costs and included in the amount to be assessed, except that in
cities having a population of 500,000 or more, the commissioners' fees
shall be either paid by the city out of its general fund or included among
the expenses to be defrayed out of the sum not to exceed 5% of the amount
of the assessment, for which provision is made in Section 9-2-139. These 3
commissioners shall be duly sworn to make a true and just assessment of the
cost of the improvement according to law. The concurrence of any 2 in a
report shall be sufficient.
(Source: P.A. 88-670, eff. 12-2-94.)
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(65 ILCS 5/9-2-17) (from Ch. 24, par. 9-2-17)
Sec. 9-2-17.
When a petition is filed, a certified copy of
the petition and the assessment
roll of the
municipality, hereinafter required in Section 9-2-18, shall be
immediately delivered by the clerk of the court to the petitioner, who shall
record the certified copy with the recorder of deeds of that
county, to be kept as part of
the permanent records of the office of the
recorder.
A certified copy of any order or judgment to divide,
modify, alter, change, reduce, increase, annul, confirm, or deny anything
contained within the assessment roll
shall be immediately delivered by the clerk of the court to the
petitioner, who shall record the certified copy with the recorder of
that county, to be kept as part of the
permanent records of the office of the recorder.
(Source: P.A. 85-1252.)
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(65 ILCS 5/9-2-18) (from Ch. 24, par. 9-2-18)
Sec. 9-2-18.
The commissioners shall make an investigation as required and
prepare and file in court their report accordingly. In this report the
commissioners shall in one column describe the respective parcels of property
to be taken or damaged for the specified improvement and, in counties in which
a property index number system has been established in accordance with Section
9-45 of the Property Tax Code, shall give the index number in
addition to the legal description; in another column the respective owners of
record of those parcels of land, the name and residence of each such owner
being set opposite his own property; in another column the name and residence
of the occupant, where the property is occupied, so far as known to the
commissioners or can be found upon diligent inquiry; in another column the
amount of the value of each parcel to be taken for the improvement, setting the
amount opposite the property to which it relates; and in another column the
amount of damages, if any, which in the opinion of the commissioners, will
result to any parcel of land not taken, by reason of the improvement,
describing each parcel so damaged by a reasonably accurate description.
The commissioners shall further estimate and report what proportion of
the total cost of the improvement (including therein their estimate of
value and damages, and, when an estimate is required by this Article, the
estimate of the cost of such proceeding) will be of benefit to the public,
and what proportion thereof will be of benefit to the property. The
commissioners shall apportion the total cost of the improvement between the
municipality and the property so that each will bear its relative equitable
proportion. Having found these amounts, the commissioners shall further
report what lots, blocks, tracts, and parcels of land will be specially
benefited by the improvement, shall describe them by a reasonably accurate
description, and shall apportion and assess the amount so found to be of
benefit to the property upon the several lots, blocks, tracts, and parcels
of land in the proportion in which they will be severally benefited by the
improvement. But no lot, block, tract, or parcel of land shall be assessed
a greater amount than it will be actually benefited, except that the
apportionment and assessment shall include the anticipated fees for the
recording of documents as provided in this Article.
(Source: P.A. 88-670, eff. 12-2-94.)
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(65 ILCS 5/9-2-19) (from Ch. 24, par. 9-2-19)
Sec. 9-2-19.
Whenever any local improvement provided in any ordinance
passed by virtue of this Division 2 consists of a system of waterworks or a
bridge or viaduct, or extension of water mains which are a part of any
municipal waterworks system, any portion of the cost of which is to be
defrayed by special assessment, it may be provided by the ordinance for the
improvement or by ordinance passed at any time before the confirmation of
the assessment roll, that the aggregate amount assessed and each individual
assessment, and also the assessment against the municipality for public
benefits and on account of property owned by it, may be divided into not
exceeding 30 installments in the manner provided in Section 9-2-48. The
provisions of this Section 9-2-19 shall not apply to any city having a
population of 500,000 or more.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-20) (from Ch. 24, par. 9-2-20)
Sec. 9-2-20.
If the amount awarded to any person for property taken or
damaged for an improvement under this Division 2 is greater than the amount
assessed against the property for that improvement, or if the benefit is
greater than the damage, in either case the difference only shall be collectible
of the owner or be paid to him.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-21) (from Ch. 24, par. 9-2-21)
Sec. 9-2-21.
In the assessment of damages and benefits for the opening of
any street or alley, the commissioners, where part of the land to be laid
out into that street or alley has been theretofore donated by any person
for that street or alley, may appraise the value of the land so donated. Or
in cases where such a donation is made after the filing of any petition in
the circuit court praying that steps be taken to levy a
special assessment for the opening of any street or alley, and after the
making of the assessment roll as provided in this Division 2, the court may
appraise, or may have a jury appraise, the value of the land so donated.
The commissioners or the court, as the case may be, shall apply the value
thereof, so far as the amount so appraised shall go, as an offset to the
benefits assessed against the person making such a donation, or parties
claiming under such person. Nothing contained in this section authorizes
any person by whom such a donation is made to claim from the municipality
the amount of that appraisement, except as an offset, as provided in this
section. Where the assessment is only for the widening of any street which
may have been theretofore donated either in whole or in part, to the public
by the proprietors of the adjoining land, the commissioners, in their
discretion, may make such allowance therefor in their assessment of
benefits as seems to them equitable and just. But in either such case the
commissioners shall state in their report the amount of that allowance, and
the allowance shall be subject to review, as the court shall direct.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-22) (from Ch. 24, par. 9-2-22)
Sec. 9-2-22.
The commissioners shall return their report to the court in
which the specified petition was filed, and file the report with the clerk
thereof, with their certificate, duly verified, stating in substance that
they have carefully examined the questions referred to in their report, and
that in their opinion the amounts awarded for damages and value therein,
and the respective amounts assessed against the property specially
benefited, and also the apportionment of the cost of the improvement
between the public and the property assessed, and the allowance for
property theretofore dedicated, if any, are correct, equitable, and just.
The return and filing of this report shall be deemed an application by the
petitioner for judgment of condemnation of the property so to be taken or
damaged, and for a confirmation of the assessment of benefit.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-23) (from Ch. 24, par. 9-2-23)
Sec. 9-2-23.
The superintendent of special assessments, or president of the
board of local improvements, as the case may be, shall file with the
commissioners' report an affidavit made by himself or by some employee of
his office, that (1) the affiant has carefully examined the records in the
recorder's office of the specified county or counties for the names of the
owners of record of the several lots, blocks, tracts, and parcels of land
to be taken or damaged for the improvement, (2) that the affiant made a
careful examination of the collector's books showing the payments of
general taxes during the last preceding year in which taxes were paid on
the respective lots, blocks, tracts, and parcels of land against which
benefits are assessed in the commissioners' report, to ascertain the person
or persons who last paid the taxes on those respective lots, blocks,
tracts, and parcels of land, (3) that the names of those owners of record
and persons who paid those taxes are correctly shown in the columns or
schedules of ownership and of persons who paid those taxes in the
commissioners' report, (4) that he has diligently inquired as to the
residence of the respective owners of property to be taken or damaged for
the improvement and of the persons who paid the general taxes during the
last preceding calendar year in which general taxes were paid on all the
respective lots, blocks, tracts, and parcels of land against which benefits
have been assessed in the commissioners' report (specifying the nature of
the inquiry and examination he has made for that purpose), (5) that the
residences of the owners and parties paying those general taxes are
correctly stated, according to the result of his examination, in the column
or schedule of residences in the commissioners' report, and (6) that in all
cases where he has been unable to find the residence of the owner of the
record title, he has examined the return of the collector's warrant for
taxes on real estate for the last preceding year, in which the taxes were
paid, and has set opposite each such parcel whose owner has not been found,
the name of the person who last paid the tax on that parcel, together with
his place of residence, wherever, on diligent inquiry, he was able to find
the same. This affidavit, or an affidavit filed therewith, shall further
state that the affiant has visited each of the parcels of land to be taken
or damaged for the improvement described in the commissioners' report, for
the purpose of ascertaining whether or not the parcel was occupied, and the
name and residence of the occupant, if any, and that in every case where
those parcels of land were found to be occupied, upon such investigation,
the name of the occupant is stated in the commissioners' report opposite
that parcel, together with his residence, when ascertained. Such an
affidavit and report shall be prima facie evidence that the requirements of
this Division 2 have been complied with.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-24) (from Ch. 24, par. 9-2-24)
Sec. 9-2-24.
Every person who is named in the commissioners' report as an
owner of property to be taken or damaged for the improvement, and every
person who is therein named as an occupant of any parcel thereof, shall be
made a party defendant in the proceeding. All other persons having or
claiming interest in any of the premises shall be described and designated
as "all whom it may concern," and by that description shall be made
defendants. Upon the filing of the commissioners' report, a summons shall
be issued and served upon the persons made party defendants, as in other
civil actions, except that the summons shall require a defendant to appear
within 15 days after service, exclusive of the day of service. As to such
of the defendants as are shown by the affidavits to be non-residents of the
State of Illinois, or whose residences are shown thereby to be unknown, and
the defendants designated as "all whom it may concern," the clerk of the
court shall publish 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, a notice of
the pendency of the proceeding, the parties thereto, the title of the
court, the time and place of the return of the summons in the case, the
description of the property to be taken or damaged, the total cost of the
improvement as shown by the estimate and report, and the nature of the
proceeding. This notice shall further state that a special assessment has
been made to raise the cost of the improvement, and the time and place of
filing the report thereof. This notice shall be published at least once in
each week for 3 weeks, the first notice to be published at least 30 days
before the return day of the summons.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-25) (from Ch. 24, par. 9-2-25)
Sec. 9-2-25.
Where the residence of any defendant named in the
commissioners' report is shown thereby to be outside of the State of
Illinois, and the residence is stated therein, a copy of the specified
notice shall be sent by mail to that party, at the address so given, at
least 15 days prior to the return day of the summons. If the residence of
any defendant is found to be unknown, as shown by the report and affidavit,
a similar notice shall be sent to the person last paying taxes upon the
premises, if his residence is stated in the report. Such service,
publication, and notices shall be sufficient to give the court jurisdiction
of all the parties whose land is to be taken or damaged, so as to determine
all questions relating to the proceeding, and affecting the land described
in the report.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-26) (from Ch. 24, par. 9-2-26)
Sec. 9-2-26.
There shall be sent by mail, post paid, to each of the persons
paying the taxes during the last preceding year in which taxes were paid on
the property which has been assessed for the benefits in the proceeding,
directed to the address as shown in the commissioners' report, or where not
so shown, then generally to the municipality in which the improvement is to
be made, at least 15 days before the specified return day, a notice stating
the nature of the improvement, the description of that taxpayer's property
assessed therefor, the amount of the assessment, and the date when the
summons in the cause will be returnable, and when objections thereto may be
filed. An affidavit of one of the commissioners, or some other person
showing such service, mailing, posting, and publication, shall be prima
facie evidence of a compliance with all the requirements thereof, but the
publication may be proved in any other manner provided by law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-27) (from Ch. 24, par. 9-2-27)
Sec. 9-2-27.
Upon the return of the summons, or as soon thereafter as the
business of the court will permit, the court shall proceed to a hearing of
the cause, and shall impanel a jury to ascertain the just compensation to
be paid to all owners of property to be taken or damaged. If objections are
filed to the confirmation of the assessment of benefits, those objections
shall be submitted to the same jury at the same time. Thereupon the jury
shall ascertain the just compensation to be paid to the owner of each lot,
block, tract, or parcel of land to be taken or damaged in the proceeding,
and shall also determine whether or not any lot, piece, or parcel of land
assessed in the proceeding, for which objections have been filed, has been
assessed more than it will be benefited by the improvement. On this hearing
the commissioners' report so returned and filed, shall be prima facie
evidence, both of the amount of the compensation to be awarded, and of the
benefits to be assessed, but either party may introduce such other evidence
as may bear upon that issue or issues.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-28) (from Ch. 24, par. 9-2-28)
Sec. 9-2-28.
If any defendant or party interested demands, and if the court
deems it proper, separate juries may be impaneled, either as to the
benefits assessed, or as to the compensation or damages to be paid to any
one or more of the defendants or parties in interest.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-29) (from Ch. 24, par. 9-2-29)
Sec. 9-2-29.
The court upon the motion of the petitioner, or of any person
claiming any such compensation, may direct that the jury, under the charge
of an officer, shall view the premises which it is claimed by any party to
the proceeding will be taken or damaged by the improvement. In any case
where there is no satisfactory evidence given to the jury as to the
ownership of, or as to the extent of the interest of any defendant in, the
property to be taken or damaged, the jury may return their verdict as to
the compensation or damage to be paid for the property or part of property
to be taken or damaged, and for the entire interests therein.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-30) (from Ch. 24, par. 9-2-30)
Sec. 9-2-30.
Upon the return of the jury's verdict, the court shall order
the verdict to be recorded and shall enter such judgment thereon
as the nature of the case may require. The court shall continue or adjourn
the cause from time to time as to all occupants and owners named in the
petition who have not been served with process, or brought in by notice or
by publication, and shall order a new summons to issue and publication to
be made. When those occupants or owners are brought into court, the court
shall impanel a jury to ascertain the compensation to be paid to those
defendants for property taken or damaged, and the amount of benefits to be
assessed against them, if any. Like proceedings shall be had for that
purpose as hereinbefore provided in the case of other owners. But no final
judgment shall be entered as to any of the property embraced in the
assessment roll until all the issues in the case have been disposed of,
including revised rolls, if any.
(Source: P.A. 84-452; 84-545)
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(65 ILCS 5/9-2-31) (from Ch. 24, par. 9-2-31)
Sec. 9-2-31.
Upon proof that any owner named in such petition, who has not
been served with process, has ceased to own the described property since
the filing of the petition, the court has the power, at any time, to
impanel a jury and ascertain the just compensation to be made for that
property, or the damage thereto, and the benefits thereto. Upon any finding
or findings of the jury, or at any time during the course of the
proceedings, the court may enter such order, rule, or judgment as
the nature of the case may require.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-32) (from Ch. 24, par. 9-2-32)
Sec. 9-2-32.
No delay in making an assessment of compensation shall be
occasioned by any doubt or contest which may arise as to the ownership of
the property or any part thereof, or as to the interests of the respective
owners or claimants. In case of such a doubt or contest the court may
require the jury to ascertain the entire compensation or damage that should
be paid for the property, or part of the property, and the entire interests
of all parties therein, and may require adverse claimants to interplead, so
as to fully determine their rights and interests in the compensation so
ascertained. And the court may make such order as may be necessary in
regard to the deposit or payment of that compensation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-33) (from Ch. 24, par. 9-2-33)
Sec. 9-2-33.
When it appears from the petition, or otherwise at any time
during the proceedings upon the petition, that any minor or person under
legal disability is interested in any property
that is to be taken or
damaged, the court shall appoint a guardian ad litem for that person, to
defend his or her interest in that property, or the compensation which is awarded
therefor.
(Source: P.A. 83-706.)
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(65 ILCS 5/9-2-34) (from Ch. 24, par. 9-2-34)
Sec. 9-2-34.
Any final judgment rendered by a court upon any finding of any
jury or of any judge where trial by jury is waived by the parties
concerned, shall be a lawful and sufficient condemnation of the land or
property to be taken, upon the payment of the net amount of the finding, as
hereinafter provided. It shall be final and conclusive as to the damages
and benefits caused by the improvement, unless the judgment is appealed
from. But no appeal shall delay proceedings under the ordinance, if the
petitioner files in the case its written election to proceed with the
improvement notwithstanding that appeal and deposits, as directed by the
court, the amount of judgment and costs, after deducting the benefits
assessed and adjudged against that property, if any. If the petitioner so
elects to make such a deposit prior to the final determination of any
appeal, it shall thereby become liable to pay to the owners of and parties
interested in the property in question, the difference, if any, between the
amount so deposited and the amount ultimately adjudged to be the just
compensation to be paid on account of the property, and interest on any
such difference at the rate of 5% annually from the date of the making of
the deposit, and costs.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-35) (from Ch. 24, par. 9-2-35)
Sec. 9-2-35.
The court, upon proof that the amount of the just compensation
as found by the jury or by the court in case a trial by jury is waived by
the parties concerned, in excess of the benefits so assessed and adjudged
against the same property, has been paid to the person entitled thereto, or
has been deposited as directed by the court, shall enter an order that the
petitioner has the right, at any time thereafter, to take possession of or
damage the property, in respect to which compensation has been so paid or
deposited.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-36) (from Ch. 24, par. 9-2-36)
Sec. 9-2-36.
Upon the return of a verdict in a proceeding to acquire
property for a public improvement, if no motion for a new trial is made, or
if made, is overruled, the petitioner, within 90 days after final judgment
as to all defendants, both as to the amount of damages and compensation to
be awarded and benefits to be assessed shall elect whether it will dismiss
the proceeding or enter judgment on the verdict. If it elects to enter
judgment on the verdict, it shall become bound thereby and liable to pay
the amount thereof, whether the assessment is collected or not, and the
judgment of condemnation shall not be conditional. But the judgment shall
not draw interest until the petitioner takes possession of or damages the
property, in respect to which the judgment is entered. After entry of
judgment the petitioner shall not be permitted to withdraw from or to
dismiss the proceeding, without the consent of all parties whose land is
thereby condemned, except as hereinafter provided. In case an appeal is
taken by either party from the judgment of condemnation or confirmation,
then unless the petitioner files in the cause its written election to
proceed with the improvement notwithstanding the appeal, no steps shall be
taken to collect the assessment nor to compel payment of the compensation
awarded until the appeal is disposed of and final judgment entered in the
cause, or, in case of reversal, until there is a new trial and judgment.
However, in case of a final reversal the petitioner may still elect, within
a period of 60 days, to abandon the proceeding.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-37) (from Ch. 24, par. 9-2-37)
Sec. 9-2-37.
If, in any case, upon the filing of the assessment roll by the
commissioners, it appears that the amount assessed as benefits is not
sufficient to pay the awards, with the costs, or if, upon the disposition
of the whole case, any such deficiency appears, the court, on the
application of the petitioner, may refer the roll again to the same or
other commissioners, to be recast. In such cases the commissioners shall
consider and report whether or not other premises will be benefited by the
improvement, or whether or not the premises already assessed will be
benefited thereby in any greater amount, and in what amount, if any, and
shall make and return a revised assessment roll. This may be done from time
to time, as often as any deficiency appears. But no lot, block, tract, or
parcel of land shall be assessed more than it will be benefited by the
improvement, nor more than its proportionate share of the costs of the
improvement. If any premises not already described in the roll are assessed
by the commissioners, the owners thereof shall be shown and notice given as
for an original assessment. If the assessment on any premises previously
assessed is increased thereby, or if any property is newly assessed, the
owner thereof, if not already represented in court, shall be notified in
like manner, and a hearing shall be had as above provided.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-38) (from Ch. 24, par. 9-2-38)
Sec. 9-2-38.
Any municipality which (1) has a population exceeding
15,000 but less than 500,000, (2) is not located within any sanitary
district, (3) discharges its sewage into Lake Michigan without having
provided any adequate provisions for otherwise disposing of its sewage,
and (4) owns and operates a waterworks and sewerage system, the cost of
the construction of which waterworks and sewerage system has been
provided for by special assessment, and a large portion of which cost
has been assessed against the municipality for public benefits, has the
power to provide by ordinance for the levy, in addition to the taxes now
authorized by law, and in addition to the amount authorized to be levied
for general purposes as provided by Section 8-3-1, of a direct annual
tax for not exceeding 20 successive years and not exceeding .1666% of
the value, as equalized or assessed by the Department of Revenue of all
taxable property, in the municipality. This
tax shall be levied and collected with and in like manner as the general
tax in the municipality and shall be known as the public benefit tax.
The fund arising therefrom shall be known as the public benefit fund,
which fund shall be used solely for the purpose of paying that portion
of the several amounts heretofore assessed against the municipality for
such public benefits, as well as for paying any such amounts as may be
hereafter so assessed for such public benefits under and in pursuance of
any ordinance that may be hereafter passed. However, no such tax shall
be levied in excess of .1% of the taxable property for any year until
after the corporate authorities of the municipality have passed an
ordinance providing for the levying of that excess. This ordinance shall
not become effective until it has been submitted to the electors of the
municipality in accordance with the provisions of Sections 8-4-1 and
8-4-2 and has been approved by a majority of the electors voting upon
the question.
Where any such tax has been levied, warrants may be drawn against the
tax in the manner and with like effect as is provided by Sections 8-1-9,
8-1-11 and 8-1-12.
This section is subject to the provisions of the General Revenue Law
of Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/9-2-39) (from Ch. 24, par. 9-2-39)
Sec. 9-2-39.
Any municipality having a population of less than
500,000 may provide by ordinance for the levy, in addition to the taxes
now authorized by law, and in addition to the amount authorized to be
levied for general purposes as provided by Section 8-3-1, of a direct
annual tax not exceeding .05%, or the rate limit in effect on July 1,
1967, whichever is greater, of the value, as equalized or assessed by
the Department of Revenue, of all taxable property in
the municipality. This tax shall be known as the public benefit tax. The
fund arising therefrom shall be known as a public benefit fund, which
fund shall be used solely for the purpose of paying that portion of the
several amounts heretofore assessed against the municipality for public
benefit as well as paying any such amounts as may be hereafter assessed
for public benefit under and in pursuance of any ordinance that may be
hereafter passed. However, where and whenever any road or street is
constructed or reconstructed by the State or any county or both jointly
with any municipality, the municipality may consider, accept, and use,
the amount estimated by the State of Illinois or the county, or both, to
be its or their portion of the cost of construction, as a part or all of
the municipal public benefit.
Where any such tax has been so levied, warrants may be drawn against
the tax, as and in the manner and with like effect as is provided by
Sections 8-1-9, 8-1-11 and 8-1-12. The foregoing limitations upon tax
rates may be increased or decreased under the referendum provisions of
the General Revenue Law of Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/9-2-40) (from Ch. 24, par. 9-2-40)
Sec. 9-2-40.
Whenever the owners of one-half of the property abutting on
any street, alley, park, or public place, or portion thereof, petition for
any local improvement thereon, the board of local improvements in any
municipality shall take steps hereinbefore required for hearing thereon,
but at that hearing shall consider only the nature of the proposed
improvement and the cost thereof. The board shall determine, in the manner
above provided, the nature of the improvement which it will recommend, and
thereupon shall prepare and transmit to the corporate authorities a draft
of an ordinance thereof, together with an estimate of the cost, as above
described, and shall recommend the passage thereof. Such a recommendation
shall be prima facie evidence that all the preliminary steps required by
law have been taken. Thereupon it is the duty of the corporate authorities
to pass an ordinance for that improvement and to take the necessary steps
to have the ordinance carried into effect.
Whenever an ordinance provides only for the building or renewing of any
sidewalk, and the owner of any lot or piece of land fronting on that
sidewalk builds or renews that sidewalk opposite to his land to conform in
all respects to the requirements of that ordinance within 40 days after the
ordinance takes effect, an allowance shall be made in the spreading of the
assessment against that lot or piece of land of an amount equal to the
estimated cost of that sidewalk, based on the cost per unit of the sidewalk
as shown in the engineer's estimate.
Notice of the passage of such a sidewalk ordinance shall be sent by mail
within 10 days after the ordinance takes effect to the person who paid the
taxes on the premises for the last preceding year, in which taxes were
paid, if he can be found in that county. A like notice addressed to the
occupant of the property, if the property is actually occupied at that
time, and an affidavit of such service shall be filed with the official
report of the assessment. Such an affidavit shall be prima facie evidence
of a compliance with these requirements.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-41) (from Ch. 24, par. 9-2-41)
Sec. 9-2-41.
When the ordinance under which a local improvement is ordered
provides that the improvement shall be made wholly or in part by special
taxation of contiguous property, that special tax shall be levied,
assessed, and collected, as nearly as may be, in the manner provided in the
section of this Division 2 providing for the mode of making, assessing, and
collecting special assessments. No special tax shall be levied or assessed
upon any property to pay for any local improvement in an amount in excess
of the special benefit which the property will receive from the
improvement. The ordinance shall not be deemed conclusive of the benefit,
but the question of the benefit and of the amount of the special tax shall
be subject to the review and determination of the court, and shall be tried
in the same manner as in proceedings by special assessment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-42) (from Ch. 24, par. 9-2-42)
Sec. 9-2-42.
When the ordinance under which a local improvement is ordered
to be made contains no provisions for the condemnation of private property
therefor, and provides that the improvement shall be wholly or in part paid
for by special assessment, the proceedings for the making of that
assessment shall be as follows.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-43) (from Ch. 24, par. 9-2-43)
Sec. 9-2-43.
Upon the passage of any ordinance for a local improvement
pursuant thereto, the officer specified therein shall file a petition in
the circuit court in the county where the affected territory lies, or if
the municipality is situated in more than one county and the proposed
improvement lies in more than one county, then in the circuit court in the
county in which the major part of the territory to be affected thereby is
situated, in the name of the municipality, praying that steps be taken to
levy a special assessment for the improvement in accordance with the
provision of that ordinance. There shall be attached to or filed with this
petition a copy of the ordinance, certified by the clerk under the
corporate seal, and also a copy of the recommendation of the board of local
improvements and of the estimate of cost as approved by the corporate
authorities. The failure to file any or either of these copies shall not
affect the jurisdiction of the court to proceed in the cause and to act
upon the petition, but if it appears in any such cause that the copies have
not been attached to or filed with the petition before the filing of the
assessment roll therein, then, upon motion of any objector for that purpose
on or before appearance day in the cause the entire petition and
proceedings shall be dismissed.
The several circuit courts of this State have jurisdiction of any
proceeding under this Division 2.
(Source: Laws 1967, p. 3762.)
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(65 ILCS 5/9-2-44) (from Ch. 24, par. 9-2-44)
Sec. 9-2-44.
Upon the filing of such a petition, either the superintendent
of special assessments, in municipalities where that officer is provided
for by law or some competent person appointed by the president of the board
of local improvements in municipalities where the office of such
superintendent does not exist, shall make a true and impartial assessment
of the cost of the specified improvement upon the petitioning municipality
and the property benefited by the improvement.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-45) (from Ch. 24, par. 9-2-45)
Sec. 9-2-45.
The officer specified in Section 9-2-44 shall estimate what
proportion of the total cost of such improvement will be of benefit to the
public, and what proportion thereof will be of benefit to the property to
be benefited, and to apportion the total cost between the municipality and
that property, so that each will bear its relative equitable proportion.
Having found these amounts, such officer shall apportion and assess the
amount so found to be of benefit to the property, upon the several lots,
blocks, tracts, and parcels of land, in the proportion in which they will
be severally benefited by the improvement. No lot, block, tract, or parcel
of land shall be assessed a greater amount than it will be actually
benefited, except that the apportionment and assessment shall include the
anticipated fees for the recording of documents as provided in this
Article. When the proposed improvement is for the construction of a
sewer, it is the duty of such officer to investigate and report the
district which will be benefited by the proposed sewer, describing the
district by boundaries.
Where the improvement is to be constructed with aid from any agency of
the Federal Government, or other governmental agency, the proportion of the
total cost of the improvement to be raised by the municipality in addition
to such aid shall be the amount allocated between public benefits and
benefits of the property affected as above provided.
(Source: P.A. 85-1252.)
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(65 ILCS 5/9-2-46) (from Ch. 24, par. 9-2-46)
Sec. 9-2-46.
In levying any special assessment or special tax, each lot,
block, tract, or parcel of land shall be assessed separately, in the same
manner as upon assessment for general taxation. However, this requirement
shall not apply to the property of railroad companies, or the right of way
and franchise of street railway companies. Such property and right of way
and franchise may be described in any manner sufficient to reasonably
identify the property intended to be assessed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-47) (from Ch. 24, par. 9-2-47)
Sec. 9-2-47.
The assessment roll shall contain (1) a list of all the lots,
blocks, tracts, and parcels of land assessed for the proposed improvement and,
in counties in which a property index number system has been established in
accordance with Section 9-45 of the Property Tax Code, the index number in
addition to the legal description, (2) the amount assessed against each, (3)
the name of the person who paid the taxes on each such parcel during the last
preceding calendar year in which taxes were paid, as ascertained upon
investigation by the officer making the return, or under his direction, and (4)
the residence of the person so paying the taxes on each such parcel if the
residence on diligent inquiry can be found. In case of an assessment in
installments, the amount of each installment shall also be stated. The officer
making the roll shall certify under oath that he believes that the amounts
assessed against the public and each parcel of property are just and equitable,
and do not exceed the benefit which in each case will be derived from the
improvements, and that no lot, block, tract, or parcel of land has been
assessed more than its proportionate share of the cost of the improvement.
Several lots, or parts of land, owned and improved as one parcel may be
assessed as one parcel.
Notice shall be given of the nature of the improvement, of the pendency
of the proceeding, of the time and place of filing the petition therefor,
of the time and place of filing the assessment roll therein, and of the
time and place at which application will be made for confirmation of the
assessment, the same to be not less than 15 days after the mailing of such
notices. The notices shall be sent by mail postpaid to each of the
specified persons paying the taxes on the respective parcels during the
last preceding year in which taxes were paid, at his residence as shown in
the assessment roll, or, if not shown, then to such person so paying the
taxes, directed generally to the municipality in which the improvement is
proposed to be made.
The notice shall state the amount assessed to the person to whom it is
directed for the improvement proposed, the total amount of the cost of the
improvement, and the total amount assessed as benefits upon the public.
Where the improvement is to be constructed with aid furnished by any
agency of the Federal Government, or other governmental agency, the notice
shall set forth, in dollars and cents, the estimated amount of aid to be so
furnished.
An affidavit shall be filed before the final hearing showing a
compliance with the requirements of this section, and also showing that the
affiant, either the officer making the specified return, or some one acting
under his direction, made a careful examination of the collector's books
showing the payments of general taxes during the last preceding year in
which the taxes were paid thereon, to ascertain the person who last paid
the taxes on the respective parcels, and a diligent search for his
residence, and that the report correctly states the persons and residences
as ascertained by the affiant. This report and affidavit shall be
conclusive evidence, for the purpose of this proceeding, of the correctness
of the assessment roll in these particulars. In case the affidavit is found
in any respect wilfully false, the person making it is guilty of perjury,
and upon conviction thereof shall be punished according to the laws of this
State.
(Source: P.A. 88-670, eff. 12-2-94.)
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(65 ILCS 5/9-2-48) (from Ch. 24, par. 9-2-48)
Sec. 9-2-48.
The corporate authorities may provide in the ordinance for
any local improvement, any portion of the cost of which is to be defrayed
by special assessment or special taxation, or by ordinance passed at any
time before the confirmation of the assessment roll, that the aggregate amount
assessed, and each individual assessment, and also the assessment against
the municipality on account of property owned by the municipality and for
public benefits be divided into installments not more than 10 in number.
However, any such special assessment or special tax levy for building
sewers or viaducts or for the acquisition, construction, and operation or
maintenance of a pedestrian mall and parking facilities for a commercial
or shopping center, notwithstanding the provisions of Division 71 of
Article 11 of the "Illinois Municipal Code", approved May 29, 1961, as
amended, provided that the owners of a majority of the property abutting on
any street, alley, park or public place or portion thereof within such
commercial or shopping center area shall consent to such assessment and
further provided that no such assessment as above authorized shall be made
against a property used wholly for residential purposes, in like manner may
be divided into not exceeding 20 installments, and any such special
assessment or special tax levy for building subways may in like manner be
divided into not exceeding 40 installments. In all cases such a division
shall be made so that all installments shall be equal in amount, except
that all fractional amounts shall be added to the first installment, so as
to leave the remaining installments of the aggregate equal in amount and
each a multiple of $100. The first installment shall be due and payable on
January 2 next after the date of the first voucher issued on account of
work done, and the second installment one year thereafter, and so on
annually until all installments are paid. The board of local improvements
shall file in the office of the clerk of the court in which such an
assessment was confirmed, a certificate signed by its secretary, of the
date of the first voucher and of the amount thereof, within 30 days after
the issuance thereof.
All installments shall bear interest as hereinafter provided until paid,
at the rate set forth in the ordinance referred to in Section 9-2-10 of
the Illinois Municipal Code and not to exceed the greater of (i) 9% annually
or 70% of the Prime Commercial Rate in effect at the time of the passage
of such ordinance or (ii) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract.
Interest on assessments shall
begin to run from 60 days after the date of the first voucher issued on
account of work done, except as otherwise provided in Section 9-2-113. The
interest on each installment shall be payable as follows: on January 2 next
succeeding the date of the first voucher as certified, the interest accrued
up to that time on all unpaid installments shall be due and payable and be
collected with the installment, and thereafter the interest on all unpaid
installments then payable, shall be payable annually and be due and payable
at the same time as the installments maturing in that year and be collected
therewith. In all cases the municipal collector, whenever payment is made
of any installment, shall collect interest thereon up to the date of such
payment whether the payment be made at or after maturity. Any person may at
any time pay the whole assessment against any lot, piece, or parcel of
land, or any installment thereof with interest as provided in this Division
2 up to the date of payment. Whenever any municipality heretofore has
levied for any public improvement a special tax or a special assessment
payable in not to exceed 10 installments of which all except the first draw
interest at any rate specified in the ordinance under the authority of
which the improvement is made, and judgment has
been duly entered in the proceeding confirming the tax or the assessment so
payable, the judgment in that proceeding shall not be invalid because the
assessment is so divided or because the rate of interest therein is fixed
at an interest rate of less than that set forth in said ordinance,
but all such judgments, unless void
for other reasons, shall be valid and enforceable. And when improvement
bonds have been issued for the purpose of anticipating the collection of
the deferred installments of any such special tax or assessment, the bonds,
if otherwise valid, shall not be void either because of the number of
series into which they are divided or the rate of interest they bear. If
the bonds are in other respects in compliance with the statutes of the
State of Illinois in such cases, they shall be valid and enforceable to the
extent that the tax or assessment against which they are levied is
enforceable or any re-levy thereof.
The cost of operating and maintaining any pedestrian mall and parking
facilities for a commercial or shopping center as provided for herein may
be assessed not more than once in each calendar year against all property
in a benefited area.
Any municipality which has provided or does provide for the creation of
a plan commission under Division 12 of Article 11 shall submit to and
receive the approval of the plan commission before establishing,
maintaining or operating any such pedestrian mall and parking facilities
for a commercial or shopping center.
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.
This amendatory Act of 1971 is not a limit upon any municipality which
is a home rule unit.
This amendatory Act of 1972 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/9-2-48(1)) (from Ch. 24, par. 9-2-48(1))
Sec. 9-2-48(1).
In addition to any other powers or procedures for the
making of a local improvement by special tax or assessment, when a
pedestrian mall and parking facilities improvement is proposed or made
under Section 9-2-48, the corporate authorities may provide in the original
ordinance for the improvement, or in a separate ordinance, that the costs
and expenses of maintenance and operation thereof as provided in this
Section shall be paid for by an annual assessment, upon the commercial or
business property within the district of the improvement, which improvement
district is primarily benefited by the provision for such costs and
expenses which are necessary, convenient and desirable for the protection
and preservation of the capital improvement so made and the operation,
upkeep, repairs, replacement and/or maintenance of the said improvement and
its component parts, fixtures, equipment or facilities. When an ordinance
is so enacted, the annual assessment so provided for by such ordinance may
be made under and in accordance with the provisions of this Section.
(a) The annual assessment hereunder shall be made each year for a
period of consecutive years not exceeding the number of years over which
the cost for the making of the improvement has been spread, provided,
however, that by consent of the owners of 66 2/3% of the frontage of
private property within the district, the annual assessment can be
continued for additional periods of years.
The annual assessments hereunder shall be due and payable on January
2nd next after the date of confirmation of each annual assessment.
(b) Upon the completion of the pedestrian mall or parking facility,
the court in which the special assessment or tax for the making of the
improvement was confirmed shall upon the application of the municipality
or any assessee within the district, appoint a board of commissioners
consisting of 5 members, at least 3 of whom shall be
owners or lessees (or their duly authorized representatives) of property
within the district. The board of commissioners shall determine and
estimate the amount of the costs and expenses of the improvement for the
year as provided in this Section, and shall file a report of said
expenses and an assessment roll signed and certified to by the chairman
of the board, spreading the total annual cost over the property of the
district proportionate to the assessed valuation of said property for
general real estate tax purposes. Notice of the filing of said report
and assessment shall be given to the assessee of taxes for said property
and a date for filing and hearing objections, if any, thereto shall be
set. The court shall hear and determine objections and shall have full
and complete power to revise, confirm, modify, amend or recast the said
roll to comply with the provisions of this Section, including the power
to revise individual assessments wherein the assessment as levied in
accordance with this Section exceeds the benefit to the property or
constitutes more than a proportionate share of the total annual
assessment. Upon confirmation of the roll and the annual assessment, a
warrant to collect the assessment shall issue by the County Clerk. The
assessment hereunder shall have the same force and effect as other
assessments under Article 9 Division 2 and shall be otherwise governed
thereby except as provided otherwise herein. The annual assessments
collected hereunder shall be paid over to the board of commissioners who
shall apply same in discharge of the actual cost and expenses provided
for herein as incurred during the course of said year. Any surplus in
the estimated amount collected over the actual costs or expense of the
year shall be credited on the next year's estimate and any deficiency
shall be included as a permitted item of cost or expense to be defrayed
by the assessment for the following year. In the event there is any
surplus of assessments collected in the last year of collections, the
same shall be rebated in proportion to the assessments for that year,
and in the event there is any deficiency in collections of the last
year, a final winding-up assessment to satisfy said deficit shall be
made for the year following the said last year of assessment hereunder.
(c) The items of cost and expense which may be included in the
estimate and for which an annual assessment may be levied hereunder are
as follows:
1. The cost of repairs, upkeep and maintenance of any or all
fixtures, equipment or facilities which comprised the improvement as
originally made or any replacements thereof.
2. The costs of repairs, upkeep and maintenance of any common areas
within the improvement as originally made.
3. The costs of any additions to or modifications of the improvement
as originally made, any new or additional fixtures, equipment,
facilities or service which is or are determined to be essential to
public health, safety or welfare and to the protection and
preservation of the improvement and the operation thereof.
4. A reserve for contingencies in the item of costs and expense
estimated, not to exceed 10% of the total of such costs for the year
in question.
5. A reserve to defray interest on funds borrowed or vouchers issued
in anticipation of collection of annual installments.
6. Any deficiencies in collection over the actual costs and expense
of the preceding year.
7. The costs and expenses of management employees and facilities, of
making and levying the assessments and letting and executing
contracts, of necessary estimates, examinations, advertisements and
the like, including any court costs and fees, and for reimbursement
of the expenses incurred by the commissioners in performing their
duties hereunder.
(d) The commissioners to be appointed hereunder shall receive no
compensation for services and shall serve for a term of 5, 4, 3, 2 and 1
year from the date of appointment and the term shall be selected by lot
at the first meeting of the board after appointment by the court. The
court shall thereafter appoint commissioners for 5 year terms
upon termination of each term and shall appoint successors in the event
of vacancy. Any commissioner shall be eligible to succeed himself.
(e) The board of commissioners shall have authority:
(1) To issue vouchers in anticipation of the collections of the
annual assessments, in payment for the costs and expenses of
maintenance and operation provided for hereunder and such vouchers
shall be payable from the annual assessments when collected and shall
bear interest at a rate set by the board, not to exceed the greater of
9% or 70% of the Prime Commercial Rate in effect at the time of the passage
of the ordinance referred to in Section 9-2-10 of the Illinois Municipal
Code.
(2) To borrow funds for working capital in anticipation of collection
of annual assessments at a rate of interest not to exceed the greater
of (i) 9% annually or 70% of the Prime Commercial Rate in effect at the time
of the passage of the ordinance referred to in Section 9-2-10 of the Illinois
Municipal Code or (ii) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract.
(3) To enter into agreements with the municipality relative to the
payment of that portion of the costs of maintenance and operation
provided for herein, which reflects the general public benefit
derived from the protection and preservation of the pedestrian mall
or parking facility improvement. In such agreements, the board shall
have authority to accept the fair and reasonable value of service
provided by the municipality in full or partial satisfaction of the
public benefit portion of said costs.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/9-2-49) (from Ch. 24, par. 9-2-49)
Sec. 9-2-49.
Whenever an ordinance provides for the making of a local
improvement which comprises either the construction of an improvement or
the taking or damaging of property therefor, or both such construction and
taking or damaging, and proceedings are instituted prior to, on or after
January 1, 1942, for the confirmation of a special assessment or a special
tax to defray the whole or any portion of the cost of any such improvement,
including the cost of the construction thereof and the compensation for the
taking or damaging of property therefor, or including only the cost of
taking or damaging of property therefor, and including in each such
proceeding the cost of making and collecting the special assessment or
special tax (in the case of such municipalities as may lawfully include
that cost in special assessment or special tax proceedings), the corporate
authorities may provide by the ordinance for any such local improvement, or
if proceedings authorized by any such ordinance have been filed in court,
then by an ordinance passed at any time before the confirmation of the
assessment roll filed in any such proceeding, that the aggregate amount
assessed to defray the cost of the improvement, including the cost of the
construction thereof and the compensation for the taking or damaging of
property therefor or including only the cost of taking or damaging property
therefor, and each individual assessment and also the assessment against
the municipality on account of property owned by the municipality and for
public benefits, be divided into not more than 20 installments. Such
installments shall be equal in amount and each a multiple of $100, except
that any fractional amounts of the aggregate assessment, after division as
aforesaid, shall be apportioned to the first installment. However, if it is
so provided by ordinance passed at any time before the confirmation of the
assessment roll, so much of the aggregate amount assessed as represents the
cost of the construction of the improvement shall be divided into as many
parts as there are installments, which parts shall be equal in amount and
each a multiple of $100, except that any fractional amounts of the cost of
construction after division as aforesaid shall be apportioned to the first
installment, and so much of the aggregate amount assessed as represents the
compensation for property to be taken or damaged, together with the cost of
making and collecting the special assessment or special tax (in the case of
such municipalities as may lawfully include that cost in special assessment
or special tax proceedings) shall be apportioned to the first installment
of the special assessment or special tax.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-50) (from Ch. 24, par. 9-2-50)
Sec. 9-2-50.
Within 30 days after the entry of confirmation of the
assessment roll in such a proceeding described in Section 9-2-49, the clerk
of the court in which the judgment is rendered shall certify the assessment
roll and judgment to the officer of the municipality authorized to collect
the special assessment or tax. If, however, there has been an appeal taken
on any part of the judgment, then the designated clerk shall certify such
part of the judgment as is not included in that appeal and this
certification shall be filed by the officer receiving it, in his office.
With the assessment roll and judgment, the clerk of the specified court
shall also issue and deliver a warrant for the collection of the assessment
or tax. Upon the delivery of this warrant to the designated collecting
officer, the first installment of such assessment or tax shall be
immediately due and payable. The second installment of the assessment or
tax shall be due and payable on the second day of January next after the
date of the first voucher issued on account of work done, if the
uncollected portion of the first installment has been returned delinquent
to the authorized county officer as provided in this article, but if the
same has not been so returned delinquent, then the second installment shall
be due and payable one year after that second day of January. The third and
subsequent installments shall be due and payable respectively at successive
annual periods after the second installment becomes due and payable. The
amount awarded to any person for property taken or damaged may be applied,
at the option of the owner of that property, as an offset to the amount of
benefits assessed in the first and succeeding installments against any
property owned by that person and assessed in that proceeding.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-51) (from Ch. 24, par. 9-2-51)
Sec. 9-2-51.
All installments established pursuant to Section 9-2-50
shall bear in Section 9-2-10 of the Illinois Municipal Code and not more
than the greater of (i) 9% annually or 70% of the Prime Commercial Rate in
effect at the time of the passage of such ordinance, or (ii) the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, payable annually, and such interest shall begin
to run from 60 days after the date when the first installment becomes due
and payable. Interest on the first installment, if any, shall be due and
payable and shall be collected at the same time as the first installment.
Interest on the second and subsequent installments, if any, shall be due
and payable and shall be collected with the installments respectively, as
provided in this Division 2. Bonds to anticipate the collection of the
installments of the assessment provided for in this Section may be issued
after the entry of confirmation in any such proceeding, and such bonds
shall draw interest from the date of issuing the same at the rate specified
in said ordinance referred to in Section 9-2-10 and of not more than the
rate the installments of the assessment against which the bonds are being
issued bear, payable annually, and shall otherwise conform to the
provisions of Section 9-2-119 or Sections 9-2-127 through 9-2-129.
The special assessment or special tax described in Section 9-2-49 shall
be collected in the manner prescribed in this Division 2 for other special
assessments and special taxes, except that the collection of the first
installment of such special assessment or special tax, or any part thereof,
may be enforced if necessary by the sale of the property against which the
same is levied, notwithstanding that the improvement for which the same is
levied may not have been completed.
The proceedings provided for in this Section also shall be governed by
the other Sections of this Division 2 so far as they are applicable
thereto, and not inconsistent with the provisions of this Section.
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.
This amendatory Act of 1971 is not a limit upon any municipality which
is a home rule unit.
This amendatory Act of 1972 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/9-2-52) (from Ch. 24, par. 9-2-52)
Sec. 9-2-52.
Whenever sufficient funds are on hand, the corporate
authorities of the municipality issuing improvement bonds shall direct
the treasurer, or such other officer as may be designated by ordinance
for that purpose, to select by lot, bonds of series to be paid, or the
corporate authorities shall direct the treasurer or the other officer so
designated to make a pro rata payment on all unpaid bonds in the series.
The treasurer or other officer so designated shall send notice by
registered mail to the address of the known owner of each of the
designated bonds as set out in the treasurer's records, specifying a day
not less than 30 days after the date of the notice, upon which the
designated bonds will be paid either in full or in part, as the case may
be, at his office. He shall also supplement this notice by publishing a
notice of the number of bonds to be so paid, not less than 15 days prior
to the day set for payment, 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 series thereof, the
assessment to which they relate and the particular bonds so selected to
be paid if payment is to be made in full or in case a pro rata payment
is to be made, naming the particular series upon which the partial
payment is to be made, and that the same will be paid at a place to be
specified.
Thereupon from the specified date of payment these bonds shall be
payable on demand either in full or in part, as the case may be, at the
place so appointed. No further interest shall accrue on the bonds
selected to be paid in full or on that portion of the principal on bonds
to be paid in part. However, in municipalities, having a population of
100,000 or more, the selection by lot and the mailing and publishing of
notice may be omitted if bonds or vouchers in any series having
sufficient funds on hand are presented for payment. In this latter case
the bonds so presented may be paid in full, both as to principal and
interest, in their order of presentation, within the limits of the funds
available.
The provisions of this section shall apply to all proceedings now
pending, proceedings in which judgment has been entered, and all future
proceedings, except that the provisions of this section shall not apply
to bonds issued under Section 9-2-127.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-53) (from Ch. 24, par. 9-2-53)
Sec. 9-2-53.
Petitioner, in addition to other notices hereinbefore provided
for, shall publish a notice at least twice, not more than 30 nor less than
15 days in advance of the time at which confirmation of the specified
assessment is to be sought, 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 be made by posting a notice in 3 prominent
places within the municipality. The notice shall be over the name of the
officer levying the assessment, and shall be substantially as follows:
"SPECIAL ASSESSMENT NOTICE"
"Notice is hereby given to all persons interested that the city council
(or board of trustees, or other corporate authority, as the case may be) of
.... having ordered that (here insert a brief description of the nature of
the improvement), the ordinance for the improvement being on file in the
office of the .... clerk, having applied to the .... court of .... county
for an assessment of the costs of the improvement, according to benefits,
and an assessment therefor having been made and returned to that court, the
final hearing thereon will be had on (insert date), or as soon thereafter as the business of the court will permit. All
persons desiring may file objections in that court before that day and may
appear on the hearing and make their defense."
(Here give date.) .....
Where the assessment is payable in installments, the number of
installments and the rate of interest also shall be stated.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/9-2-54) (from Ch. 24, par. 9-2-54)
Sec. 9-2-54.
If 15 days have not elapsed between the first publication or
the putting up of such notice, and the day fixed in the notice for filing
objections, the cause shall be continued for 15 days, and the time for
filing objections shall be correspondingly extended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-55) (from Ch. 24, par. 9-2-55)
Sec. 9-2-55.
Any person interested in any real estate to be affected by an
assessment, may appear and file objections to the report, by the time
mentioned in the specified notice, or in case of incomplete notice then as
specified in the last preceding section, or within such further time as the
court may allow.
As to all lots, blocks, tracts, and parcels of land, to the assessment
of which objections are not filed within the specified time, or such other
time as may be ordered by the court, default may be entered, and the
assessment may be confirmed by the court, notwithstanding the fact that
objections may be pending and undisposed of as to other property.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-56) (from Ch. 24, par. 9-2-56)
Sec. 9-2-56.
Upon objections or motion for that purpose, the court in which
the specified proceeding is pending may inquire in a summary way whether
the officer making the report has omitted any property benefited and
whether or not the assessment, as made and returned, is an equitable and
just distribution of the cost of the improvement, first, between the public
and the property, and second, among the parcels of property assessed. The
court has the power, on such application being made, to revise and correct
the assessments levied, to change or modify the distribution of the total
cost between the public and property benefited, to change the manner of
distribution among the parcels of private property, and to strike out of
the roll of awards by the commissioners filed in the case the amount or
amounts shown as compensation for property which property has been
theretofore donated by any person or persons for the making of the proposed
improvement, so as to produce a just and equitable assessment, considering
the nature of the property assessed, and its capacity for immediate use of
the improvement when completed.
The court may either make such corrections or changes, or determine in
general the manner in which the corrections or changes shall be made, and
refer the assessment roll to any competent person for revision, correction
or alteration in such manner as the court may determine. The determination
of the court as to the correctness of the distribution of the cost of the
improvement between the public and the property to be assessed, is
appealable as in other civil cases.
(Source: Laws 1967, p. 3762.)
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(65 ILCS 5/9-2-57) (from Ch. 24, par. 9-2-57)
Sec. 9-2-57.
On the application of the petitioner, at any time after the
return day, the court may set down all objections, except the objection
that the property of the objector will not be benefited to the amount
assessed against it, and that it is assessed more than its proportionate
share of the cost of the improvement, for a hearing at a time to be fixed
by the court. Upon this hearing the court shall determine all questions
relating to the sufficiency of the proceedings, the distribution of the
cost of the improvement between the public and the property, and of the
benefits between the different parcels of property assessed, together with
all other questions arising in that proceeding, with the exception
specified, and shall thereupon enter an order in accordance with the
conclusions it reaches. But this order shall not be a final disposition of
any of those questions for the purpose of appeal, unless the objectors
waive further controversy as to the remaining question upon the record.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-58) (from Ch. 24, par. 9-2-58)
Sec. 9-2-58.
If it is objected on the part of any property assessed for
such an improvement, that it will not be benefited thereby to the amount
assessed thereon, and that it is assessed more than its proportionate share
of the cost of the improvement, and a jury is not waived by agreement of
parties, the court shall impanel a jury to try that issue. In that case,
unless otherwise ordered by the court, all such objections shall be tried
and disposed of before a single jury. The assessment roll, as returned by
the officer who made it, or as revised and corrected by the court on the
hearing of the legal objections, shall be prima facie evidence of the
correctness of the amount assessed against each objecting owner but shall
not be counted as the testimony of any witness or witnesses in the cause.
That assessment roll may be submitted to the jury and may be taken into the
jury room by the jury when it retires to deliberate on its verdict. Either
party may introduce such other evidence as may bear upon that issue or
issues. The hearing shall be conducted as in other civil cases. If it
appears that the property of any objector is assessed more than it will be
benefited by the specified improvement, or more than its proportionate
share of the cost of the improvement, the jury shall so find, and it shall
also find the amount for which that property ought to be assessed, and
judgment shall be rendered accordingly.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-59) (from Ch. 24, par. 9-2-59)
Sec. 9-2-59.
Wherever, on a hearing by the court, or before a jury, the
amount of any assessment is reduced or cancelled, so that there is a
deficiency in the total amount remaining assessed in the proceeding, the
court may, in the same proceeding, distribute this deficiency upon the
other property in the district assessed, in such manner as the court finds
just and equitable, not exceeding, however, the amount such property will
be benefited by the specified improvement.
In case any portion of this deficiency is charged against such property
not represented in court, a new notice, of the same nature as the original
notice, shall be given in like manner as the original notice, to show the
cause why the assessment, as thus increased, should not be confirmed. The
owners of or parties interested in such property have the right to object
in the same form and with the same effect as in case of the original
assessment, and the court has the same power to dispose thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-60) (from Ch. 24, par. 9-2-60)
Sec. 9-2-60.
The hearing in all the cases arising under this Division 2
shall have precedence over all other cases in any court, where they are
brought, except criminal cases, or other cases in which the public is a
moving party.
(Source: Laws 1967, p. 3740.)
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(65 ILCS 5/9-2-61) (from Ch. 24, par. 9-2-61)
Sec. 9-2-61.
The court before which any such proceedings may be pending may
modify, alter, change, annul, or confirm any assessment returned as
specified, in addition to the authority already conferred upon it, and may
take all such proceedings, and make all such orders, as may be necessary to
the improvement, according to the principles of this article, and may from
time to time, as may be necessary, continue the application for that
purpose, as to the whole or any part of the premises.
After an ordinance for any local improvement has been filed in court,
and after the report and assessment roll relating thereto has been filed,
but before the court has entered its final judgment thereupon, the
corporate authorities may petition the court for the abandonment of any
portion of the proposed improvement. Such petition shall be supported by a
recommendation of the board of local improvements and an ordinance adopted
by the corporate authorities pursuant to Section 9-2-6 hereof, as amended
by this amendatory act of 1963. Upon the filing of such petition, the court
may order the adjustment of the assessment roll according to the changes
requested in the petition.
(Source: Laws 1963, p. 2424.)
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(65 ILCS 5/9-2-62) (from Ch. 24, par. 9-2-62)
Sec. 9-2-62.
No special assessment or special tax shall be levied for any
local improvement until the land necessary therefor has been acquired and
is in possession of the municipality, except in cases where proceedings to
acquire such land have begun and have proceeded to judgment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-63) (from Ch. 24, par. 9-2-63)
Sec. 9-2-63.
It is no objection to the legality of any local improvement
that a similar improvement has been previously made in the same locality,
if the ordinance therefor is recommended by the board of local
improvements, as above provided. But nothing contained in this Division 2
shall interfere with any defense in this proceeding relating to the
benefits received therefrom.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-64) (from Ch. 24, par. 9-2-64)
Sec. 9-2-64.
In case of a special assessment or a special tax levied to be
paid by installments, under the provisions of this Division 2, the order of
confirmation that is entered upon the return of the assessment roll shall
apply to all of the installments thereof, and may be entered in one order.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-65) (from Ch. 24, par. 9-2-65)
Sec. 9-2-65.
Judgment for special tax or assessment.
The judgments of
the court shall be final as to all the issues involved, and the proceedings
in the specified cause shall be subject to review by appeal as hereinafter
provided, and not otherwise. By mutual consent, however, a judgment may be
vacated or modified notwithstanding the expiration of 30 days from the
rendition of the judgment, except as hereinafter provided.
The judgment shall have the effect of several judgments as to each
tract or parcel of land assessed, and no appeal from any judgment
shall invalidate or delay the judgments, except as to the property
concerning which the appeal is taken.
The judgment shall be a lien on behalf of the municipality making an
improvement, for the payment of which the special tax or special assessment
is levied, on the property assessed from the date upon which a certified
copy of the judgment and assessment roll is recorded in the office of the
recorder of each county in which any part of the property is located, to
the same extent and of equal force and validity as a lien for the general
taxes until the judgment is paid or the property against which the judgment
is entered is sold to pay the judgment, if the judgment is recorded within
60 days from the date the assessment roll is confirmed. A judgment
recorded beyond the 60 days is not a valid lien against the property. This
60 day recording requirement does not
apply to judgments entered before September 23, 1991.
When the judgment against any property has been fully paid, the
corporate authorities of the municipality shall execute and record, in the
recorder's office of the county in which the land is located, a release of
the lien of the judgment so paid, and shall deliver a copy of the release
to the owner of the property.
Nothing in this Section shall interfere with the right of the petitioner
to dismiss its proceedings, and for that purpose to vacate a judgment
at its election at any time before commencing the actual collection of the
assessment. The court in which the judgment is rendered shall enter an
order vacating or annulling the judgment of confirmation on motion of
petitioner entered at any time after the expiration of 30 days from the
rendition of that judgment or confirmation upon a showing by petitioner
that no contract was let or entered into for the making of the specified
improvement within the time fixed by law for the letting of the contract,
that the making of the improvement under the original proceeding was
never commenced, or that the making of the improvement under the prior
proceedings was abandoned by petitioner. No judgment entered in a
proceeding so dismissed and vacated shall be a bar to another like or
different improvement. After the contract for the work has been
entered into, or the improvement bonds have been issued, however, no
judgment shall be vacated or modified or any petition dismissed after the
expiration of 30 days from the rendition of the judgment, and the
collection of the assessment shall not be in any way stayed or delayed by
the corporate authorities, board of local improvements, or any officer of
the municipality without the consent of the contractor and bondholder.
Subject to Sections 9-2-66 through 9-2-71, the
municipality or its assignee may file a complaint to foreclose the lien in
the same manner that foreclosures are permitted by law in case of
delinquent general taxes. No forfeiture of the property,
however, shall be required as a prerequisite to foreclosure.
(Source: P.A. 87-728; 87-895.)
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(65 ILCS 5/9-2-66) (from Ch. 24, par. 9-2-66)
Sec. 9-2-66.
A municipality may file a petition in the circuit court praying
for the entry of an order authorizing the municipality to sell and assign
special assessment liens. Any number of properties and special assessment
liens may be included in a petition. Notice of the filing of the petition
and notice of the time and place of hearing on the petition shall be given
by the municipality to "Owners of the lots or tracts of land on which such
special assessments are liens" and to "Owners and holders of special
assessment bonds and vouchers" by publication in conformity with the
provisions of "An Act to Revise the Law in Relation to Notices", approved
February 13, 1874, as heretofore and hereafter amended. The municipality
shall also, within 10 days of the first publication of the notice, send a
copy thereof by mail addressed to each known owner and holder of special
assessment bonds and vouchers whose addresses are shown on the books and
records of the municipality. The municipality shall also, within 10 days of
the first publication of the notice, send a copy thereof by mail addressed
to each owner of lots or tracts of land on which the special assessment is
a lien and to a representative number of owners of lots or tracts of land
on which the special assessments have been paid, whose names and addresses
appear in the owner's column on the county collector's warrant for general
taxes for the year preceding the filing of the petition. A certificate of
the collector of special assessments of the municipality that he has sent
copies in pursuance of this section is evidence that he has done so. Except
as otherwise provided in this section and Sections 9-2-67 through 9-2-71,
the practice and procedure shall be the same as in other civil cases.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-67) (from Ch. 24, par. 9-2-67)
Sec. 9-2-67.
The petition to sell and assign special assessment liens shall
allege that the special assessments are past due and unpaid, the total
amounts owing on each lot or tract of land, and that it is in the best
interest of the municipality and the owners of the special assessment bonds
and vouchers that the municipality be authorized to sell and assign the
special assessment liens.
The court shall hear the proceeding in a summary manner and there shall
be no hearing on benefits or on any legal objections arising prior to the
order or orders of confirmation of the special assessments. The Court on
such petition may enter an order authorizing the sale and assignment of all
or a part of the special assessment liens set forth in the petition. The
court in such order shall determine and find the amount of the special
assessment liens on each lot or tract of land on which it authorizes the
liens to be sold.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-68) (from Ch. 24, par. 9-2-68)
Sec. 9-2-68.
Pursuant to authorization by order of court, the municipality
may at public sale, after first giving notice by publication of the time
and place of sale in conformity with the provisions of "An Act to Revise
the Law in Relation to Notices", approved February 13, 1874, as heretofore
and hereafter amended, sell the special assessment lien or liens.
The special assessment liens shall be sold in the manner in which they
are assessed. The municipality shall file a report of sale in the circuit
court within 30 days of the date of sale of the lien on each tract or lot
and pray for an order of court confirming the sale. Upon confirmation, the
collector of special assessments of the municipality shall issue to the
purchaser a certificate of sale and assignment by the municipality of the
lien. Such certificate shall be countersigned by the county clerk. Each
certificate of sale shall state the amount of the sale and the amount of
the lien as determined by the court. Appropriate notations of the sale and
assignment of special assessment liens shall be made on the public records
of the municipality and the county by the official custodians thereof.
The county clerk shall prepare and keep a record in his office which
shall be known as the "special assessment sale, assignment and redemption
record", in which shall be entered all sales and assignments of special
assessment liens, the amount of the liens as determined by order of court,
payments made by the owners of lots or tracts of land to the county clerk
under the provisions of this Division 2 and redemptions. No sale and
assignment or cancellation of the special assessment lien or redemption
shall be valid unless and until the sale and assignment, cancellation or
redemption is entered on the records of the county clerk. The county clerk
shall be entitled to a fee of $1 for each lot or tract of land for entering
a sale and assignment on his record, which fee shall be included as costs
in case of redemption or foreclosure.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-69) (from Ch. 24, par. 9-2-69)
Sec. 9-2-69.
Redemption of special assessment liens may be made prior to
the entry of a foreclosure judgment by payment to the county clerk of the
amount of the lien as determined by order of court, together with interest
thereon at the rate of 12% for each 6 months or portion thereof intervening
between the time of sale and the time of redemption. Redemptions made after
foreclosure judgment and sale shall be the same as provided for in Section
21-75 of the Property Tax Code.
The county clerk shall be entitled to the same fees for issuing
estimates of the cost of redemption, issuing certificates of cancellation,
certificates of redemption and cancelling sales of special assessment liens
as he is presently entitled to by law in regard to tax sales.
(Source: P.A. 88-670, eff. 12-2-94.)
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(65 ILCS 5/9-2-70) (from Ch. 24, par. 9-2-70)
Sec. 9-2-70.
The assignee of a special assessment lien may, not later than
5 years after the date of the sale and assignment of the special assessment
lien by the municipality, file a complaint to foreclose the lien. The lien
of a special assessment which has been assigned and any right of action to
foreclose the same shall not expire during the pendency of a proceeding to
foreclose the lien commenced within 5 years from the date of the sale and
assignment of the lien by the municipality. If no action is commenced
within 5 years from the date the lien is assigned by the municipality, the
lien and all right of action to enforce the same shall expire and cease to
exist.
The assignee of a special assessment lien sold or assigned on or
prior to December 31, 1957 may, not later than 5 years after the
effective date of this amendatory Act of 1975, file a complaint to
foreclose the lien. The lien of a special assessment which has
been assigned and any right of action to foreclose the same shall not
expire during the pendency of a proceeding to foreclose the lien
commenced within 5 years after the effective date of this amendatory
Act of 1975. If no action is commenced within 5 years, the lien and
all right of action to enforce the same shall expire and cease to
exist.
(Source: P.A. 79-198.)
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(65 ILCS 5/9-2-71) (from Ch. 24, par. 9-2-71)
Sec. 9-2-71.
The cost and expense attending the sale and assignment of a
special assessment lien by a municipality, not exceeding 10% of the amount
of the lien, shall be assessed as costs and shall be paid by the assignee.
However, no lien created after September 1, 1949 shall be sold or assigned
by a municipality as long as any obligation of any kind secured by such
lien remains outstanding and unpaid.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-72) (from Ch. 24, par. 9-2-72)
Sec. 9-2-72.
If any special assessment or special tax before January 1,
1942 has been, or on or after January 1, 1942, is annulled by the corporate
authorities, or set aside by any court or declared invalid or void for any
reason whatsoever, a new assessment or tax may be made and returned and
like notice shall be given and proceedings had as required in this Division
2 in relation to the first. If any local improvement before January 1, 1942
has been, or on or after January 1, 1942, is constructed under the
direction of the board of local improvements and has been or is accepted by
that board, and the special assessment or special tax levied or attempted
to be levied to pay for the cost of such an improvement has been or is so
annulled, set aside, or declared invalid or void, then a new special
assessment or special tax may be made and returned to pay for the cost of
the improvement so constructed, or to pay for the cost of such part thereof
as the corporate authorities might lawfully have authorized to be
constructed and paid for by special assessment or special tax. All parties
in interest shall have like rights, and the corporate authorities and the
court shall perform like duties and have like power in relation to any
subsequent assessment or tax as are provided in relation to the first.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-73) (from Ch. 24, par. 9-2-73)
Sec. 9-2-73.
No special assessment or special tax shall be held invalid
because levied for work already done, if it appears that the work was done
under a contract which has been duly let and entered into pursuant to an
ordinance providing that such an improvement should be constructed and paid
for by special assessment or special tax, and that the work was done under
the direction of the board of local improvements and has been accepted by
that board. It shall not be a valid objection to the confirmation of this
new assessment that the original ordinance has been declared invalid or
that the improvement as actually constructed does not conform to the
description thereof as set forth in the original special assessment
ordinance, if the improvement so constructed is accepted by the board of
local improvements. The provisions of this section shall apply whenever the
prior ordinance is held insufficient or otherwise defective, invalid, or
void, so that the collection of the special assessment or special tax
therein provided for becomes impossible. In every such case, when such an
improvement has been so constructed and accepted, and the proceedings for
the confirmation and collection of the special assessment or special tax
are thus rendered unavailing, the corporate authorities shall pass a new
ordinance for the making and collection of a new special assessment or
special tax, and this new ordinance need not be presented by the board of
local improvements.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-74) (from Ch. 24, par. 9-2-74)
Sec. 9-2-74.
At any time after the bids have been received pursuant to the
provisions of this Division 2, if it appears to the satisfaction of the
board of local improvements that the first assessment is insufficient to
pay the contract price or the bonds or vouchers issued or to be issued in
payment of the contract price, together with the amount required to pay the
accruing interest thereon, the board shall make and file an estimate of the
amount of the deficiency. Thereupon a second or supplemental assessment for
the estimated deficiency of the cost of the work and interest may be made
in the same manner as nearly as may be as in the first assessment, and so
on until sufficient money has been realized to pay for the improvement and
the interest. It shall be on objection to the supplemental assessment that
the prior assessment has been levied, adjudicated, and collected unless it
appears that in that prior cause upon proper issue made, it was specially
found in terms, that the property objected for would be benefited by the
improvement no more than the amount assessed against it in that prior
proceedings.
If too large a sum is raised at any time, the excess shall be refunded
ratably to those against whom the assessment was made.
But if the estimated deficiency exceeds 10% of the original estimate, no
contract shall be awarded until a public hearing has been held on the
supplemental proceeding in like manner as in the original proceedings. No
more than one supplemental assessment shall be levied to meet any
deficiency where the deficiency is caused by the original estimate made by
the engineer being insufficient.
Where the improvement is to be constructed with the aid and assistance
of any federal agency or other governmental agency after judgment of
confirmation if there appears a deficiency in assessments levied in excess
of 10% of the original estimate the municipality shall not proceed with the
construction of the work until a new hearing has been held upon the levy of
a special assessment to make up that deficiency.
However, the petitioner, in case it so elects, may dismiss the petition
and vacate the judgment of confirmation at any time after the judgment of
confirmation is rendered, and begin new proceedings for the same or a
different improvement as provided in Section 9-2-65.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-75) (from Ch. 24, par. 9-2-75)
Sec. 9-2-75.
If from any cause any municipality fails to collect the whole
or any portion of any special assessment or special tax which may be
levied, which is not canceled or set aside by the order of any court, for
any public improvement authorized to be made and paid for by a special
assessment or a special tax, the corporate authorities, at any time within
5 years after the confirmation of the original assessment, may direct a new
assessment to be made upon the delinquent property for the amount of the
deficiency and interest thereon from the date of the original assessment,
which assessment shall be made, as nearly as may be, in the same manner as
is prescribed in this Division 2 for the first assessment. In all cases
where partial payments have been made on such former assessments, they
shall be credited or allowed on the new assessment to the property for
which they were made, so that the assessment shall be equal and impartial
in its results. If this new assessment proves insufficient, either in whole
or in part, the corporate authorities, at any time within the specified
period of 5 years, may order a third to be levied, and so on in the same
manner and for the same purpose. It shall constitute no legal objection to
any new assessment that the property may have changed hands, or been
encumbered subsequent to the date of the original assessment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-76) (from Ch. 24, par. 9-2-76)
Sec. 9-2-76.
Within 30 days after the filing of the report of the amount
and date of the first voucher issued on account of work done, as provided
in Section 9-2-48, the clerk of the court in which such judgment is
rendered shall certify the assessment roll and judgment to the officer of
the municipality authorized to collect the special assessment, or, if there
has been an appeal taken on any part of the judgment, he shall certify such
part of the judgment as is not included in that appeal. This certification
shall be filed by the officer receiving it in his office. With the
assessment roll and judgment the clerk of the designated court shall also
issue a warrant for the collection of the assessment. The court has the
power to recall such warrants as to all or any of the property affected at
any time before payment or sale, in case the proceedings are abandoned by
the petitioner or the judgment is vacated or modified in a material respect
as hereinbefore provided, but not otherwise. In case the assessment roll
has been abated and the judgment reduced in accordance with the provisions
of Section 9-2-114, the clerk of the designated court, within 30 days
thereafter, shall certify the order of reduction or the roll as so reduced
or re-cast, under the directions of the court, to the officer so authorized
to collect the special assessment, and shall issue a warrant for the
collection of the assessment as so reduced or re-cast.
(Source: P.A. 76-1556.)
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(65 ILCS 5/9-2-77) (from Ch. 24, par. 9-2-77)
Sec. 9-2-77.
Whenever any warrant is issued by the clerk of the court in
which the judgment of confirmation is rendered, for the collection of any
special assessment specified in Section 9-2-19, that warrant shall not
authorize the collection of any assessment levied against the municipality
for and on account of public benefits, but the clerk shall likewise certify
the assessment roll and judgment to the clerk or comptroller, if any, of
that municipality upon being requested so to do by that officer. The
several and respective installments of the amounts that may be assessed
against the municipality for and on account of public benefits and
confirmed by the court, shall be paid out by the municipal treasurer out of
any money arising from the collection of the direct annual tax provided for
in Section 9-2-38 and out of any other money in his hands that may be used
for that purpose whenever he is legally authorized so to do, by an
ordinance of that municipality. Any such municipality may pay for any land
to be taken or damaged in the making of any local improvement specified in
Section 9-2-19, before any such assessment or any installment thereof
becomes due, and when the same becomes due, the amount so paid shall be
credited upon the assessment against the municipality so paying in advance.
The provisions of this section shall not apply to any city having a
population of 500,000 or more.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-78) (from Ch. 24, par. 9-2-78)
Sec. 9-2-78.
If an appeal is taken on any part of such judgment, and if the
board elects to proceed with the improvement, notwithstanding
such an appeal, as provided for in Section 9-2-102, the clerk shall certify the
appealed portion, from time to time, in the manner above mentioned, as the
judgment is rendered thereon, and the warrant accompanying this certificate
in each case shall be authority for the collection of so much of the
assessment as is included in the portion of the roll thereto attached.
The warrant in all cases of assessment, under this Division 2, shall
contain a copy of the certificate of the judgment describing lots, blocks,
tracts, and parcels of land assessed so far as they are contained in the
portion of the roll so certified, and shall state the respective amounts
assessed on each lot, block, tract, or parcel of land, and shall be
delivered to the officer authorized to collect the special assessment. The
collector having a warrant for any assessment levied to be paid by
installments may receive any or all of the installments of that assessment,
but if he receives only a part of the installments, then he shall receive
them in their numerical order.
(Source: P.A. 90-655, eff. 7-30-98.)
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(65 ILCS 5/9-2-79) (from Ch. 24, par. 9-2-79)
Sec. 9-2-79.
The collector receiving such a warrant shall give notice
thereof within 10 days by publishing a notice once each week for 2
successive weeks 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. This notice may be substantially in the following form:
"SPECIAL ASSESSMENT NOTICE
Special Warrant, No. ....
Notice: Publication is hereby given that the (here insert title of court)
has rendered judgment for a special assessment (or special tax) upon
property benefited by the following improvement: (here describe the
character and location of the improvement in general terms) as will more
fully appear from the certified copy of the judgment on file in my office;
that the warrant for the collection of this assessment (or special tax) is
in my possession. All persons interested are hereby notified to call and
pay the amount assessed at the collector's office (here insert location of
office) within 30 days from the date hereof.
Dated (insert date).
.... (Collector)."
When such an assessment or special tax is levied to be paid in
installments, the notice shall contain also the amount of each installment,
the rate of interest deferred installments bear, and the date when payable.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/9-2-80) (from Ch. 24, par. 9-2-80)
Sec. 9-2-80.
The collector, into whose possession the warrant comes, as
far as practicable, shall call upon all persons, resident within the
neighborhood, whose names appear upon the assessment roll, or the occupants
of the property assessed, and personally, or by written or printed notices
left at his or her usual place of abode or mailed to all persons whose
names appear on the assessment roll, inform them of the special assessment,
and request payment thereof. This notice shall be given by the collector
within 10 days after his receipt of the warrant and shall indicate the
date on or before which the assessment may be paid in whole or in part
without interest. Under Section 9-2-48 interest on assessments shall begin
to run from 60 days after the date of the first voucher issued on account
of work done, except as otherwise provided in Section 9-2-113.
Any collector omitting to do so is liable to a penalty of $10 for every
such omission, but the validity of the special assessment, or the right to
apply for and obtain judgment thereon, is not affected by such an omission.
It is the duty of such collector to write the word "paid" opposite each
tract or lot on which the assessment is paid, together with the name and
post office address of the person making the payment, and the date of
payment.
(Source: P.A. 87-532.)
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(65 ILCS 5/9-2-81) (from Ch. 24, par. 9-2-81)
Sec. 9-2-81.
In cities of this state having a population of 1,000,000
or more, when any officer is authorized to collect special assessments
or special taxes, that officer, on or before March 10 each year, or if the
general tax books have not been turned over to the county collector at that
time then within 15 days after the county collector has received the
general tax books, shall mark on the general tax books of the county
collector, opposite the description of all lots, blocks, tracts, or parcels
of land to be assessed, the number of the special assessment or special tax
warrant. The county collector shall stamp or write in large letters on the
face of all tax bills or receipts issued by him the number of the special
assessment or special tax warrant, and the words, "Special assessment due
and payable."
(Source: P.A. 82-1013.)
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(65 ILCS 5/9-2-82) (from Ch. 24, par. 9-2-82)
Sec. 9-2-82.
In counties having a population of 1,000,000
or more the collector shall, on or before the first day of August in each
year, make a report in writing to the general officer of the county (in which the
respective lots, tracts, and parcels of land are situated) authorized by
the general revenue laws of this State to apply for judgment and sell land
for taxes due the county and State, of all the land, town lots, and real
property on which he has been unable to collect special assessments or
special taxes, or installments thereof matured and payable, or interest
thereon, or interest due to the preceding January 2 on installments not yet
matured on all warrants in his possession, with the amount of those
delinquent special assessments or special taxes or installments and
interest together with his warrants; or, in case of an assessment levied to
be paid by installments, with a brief description of the nature of the
warrant or warrants received by him authorizing the collection thereof.
This report shall be accompanied with the oath of the collector (1) that
the list is a correct return and report of the land, town lots, and real
property on which the special assessment or special tax (levied by the
authority of the city or incorporated town or village of .... as the case
may be), or installments thereof, or interest, remains due and unpaid, (2)
that he is unable to collect the same, or any part thereof, and (3) that he
has given the notice required by law that the specified warrants have been
received by him for collection.
(Source: P.A. 82-1013.)
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(65 ILCS 5/9-2-83) (from Ch. 24, par. 9-2-83)
Sec. 9-2-83.
In counties having a population of less than 1,000,000,
the general officer of the county having authority to receive State and
county taxes shall, not later than August 15 each year, designate a day in
the month of October upon which application will be made for judgment and
order of sale for unpaid special assessments or installments thereof, and
interest thereon, on delinquent land, town lots, and real property and also
a Monday succeeding the date of that application, on which the land and
lots for the sale of which an order is made will be exposed to public sale,
and shall forthwith notify the collectors of all municipalities situated in
whole or in part within the county of the dates so designated.
(Source: P.A. 85-1137.)
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(65 ILCS 5/9-2-84) (from Ch. 24, par. 9-2-84)
Sec. 9-2-84.
In counties having a population of less than 1,000,000,
the collector of the municipality, at any time after August 15 in each
year, shall publish an advertisement that a return will be made to the general
officer of the county having authority to receive State and county taxes of
all unpaid special assessments or installments thereof matured and payable,
or interest thereon, or interest due to the preceding January 2 on
installments not yet matured on all warrants in his hands. This
advertisement (1) shall contain a list of the delinquent lands, town lots,
and real property upon which the special assessment or installments thereof
or interest thereon remain unpaid, the name of the
person shown by the county collector's current warrant book
to be the party in whose name the general real estate taxes were last
assessed for each such property, the
total amount due thereon, and the year for which the same are due; (2)
shall give notice that the general officer of the county having authority
to receive State and county taxes in the county in which those lands, town
lots, or real property may be located, will make application on the day
specified therein, for judgment against those lands, town lots, and real
property for those special assessments, matured installments of special
assessments, interest and costs due thereon, and for an order to sell those
lands, town lots, and real property for the satisfaction thereof; and (3)
shall give notice that on the Monday fixed by that general officer of the
county for sale, all the lands, town lots, and real property, for the sale
of which an order is made, will be exposed to public sale at the court
house in that county for the amount of special assessments and matured
installments of special assessments, interest and costs due thereon. The
advertisement shall be sufficient notice of the intended application for
judgment and of the sale of those lands, town lots, and real property under
the order of the court.
Publication of the advertisement shall be made at least once not more
than 30 nor less than 15 days in advance of the date upon which the
judgment is to be sought. Such publication shall be made 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 in the
municipality. In municipalities with less than 500 inhabitants, publication
may instead be made by posting a notice in 3 prominent places within the
municipality.
The municipal collector shall add to all special assessments and matured
installments of special assessments and the interest thereon, when paid
after August 15 in the year when they became due and payable, an amount
equal
to the actual costs,
not to exceed 0.2% of the assessed value of each lot, tract, or parcel of land
upon which payment is made, to
cover the cost of the advertisement as required in this Division 2.
(Source: P.A. 91-864, eff. 6-22-00.)
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(65 ILCS 5/9-2-85) (from Ch. 24, par. 9-2-85)
Sec. 9-2-85.
In counties having a population of less than 1,000,000,
the collector of the municipality, not later than 5 days prior
to the date fixed for application for judgment, shall make a return or report in
duplicate upon forms to be provided by the county collector to the general
officer of the county having authority to receive State and county taxes in
the county in which the respective lots, tracts, and parcels of land are
situated. Such report shall list all the land, town lots, and real property
on which he has been unable to collect the special assessments or special
taxes or installments, thereof, matured and payable or interest thereon, or
interest due to the preceding January 2 on installments not yet matured on
all warrants in his possession. Also contained in the report shall be a
list of the amount of those delinquent special assessments or special taxes
or installments and interest together with a brief description of the
warrant or warrants received by him, authorizing the collection thereof.
The original of this report shall be accompanied with the oath of the
collector (1) that the list is a correct return and report of the land,
town lots, and real property on which the special assessment or special tax
(levied by the authority of the city or incorporated town or village of
...., as the case may be), or installments thereof, or interest, remains
due and unpaid, (2) that he is unable to collect the same, or any part
thereof, (3) that he has given the notice required by law that the
specified warrants have been received by him for collection, and (4) that
he has published an advertisement in the manner prescribed by law, giving
notice that an application will be made on the date specified therefor for
judgment against all of those delinquent lands, town lots, and real
property.
(Source: P.A. 82-1013.)
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(65 ILCS 5/9-2-86) (from Ch. 24, par. 9-2-86)
Sec. 9-2-86.
The report of the municipal collector, when so made, shall be
prima facie evidence that all the forms and requirements of the law, in
relation to the making of the return have been complied with, and that the
special assessments, or special taxes, or the matured installments thereof,
and the interest thereon, and the interest accrued on installments not yet
matured, mentioned in the report, are due and unpaid.
Upon the application for judgment of sale upon such an assessment or
matured installments thereof, or the interest thereon, or the interest
accrued on installments not yet matured, no defense or objection shall be
made or heard which might have been interposed in the proceeding for the
making of that assessment, or the application for the confirmation thereof.
No errors in the proceeding to confirm not affecting the power of the court
to entertain and consider the petition therefor, shall be deemed a defense
to the application provided for in this Division 2.
When such an application is made for judgment of sale on an installment
only of an assessment payable by installments, all questions affecting the
jurisdiction of the court to enter the judgment of confirmation and the
validity of the proceedings shall be raised and determined on the first of
such applications. On application for judgment of sale on any subsequent
installment, no defense, except as to the legality of the pending
proceeding, the amount to be paid, or actual payment, shall be made or
heard. And it shall be no defense to the application for judgment on any
assessment or any installment thereof that the work done under any
ordinance for an improvement does not conform to the requirements of that
ordinance, if it appears that the work has been accepted by or under the
direction of the board of local improvements. And the voluntary payment by
the owner or his agent, of any installment, or of any assessment, levied on
any lot, block, tract, or parcel of land, shall be held in law to be an
assent to the confirmation of the assessment roll, and shall be held to
release and waive the right of the owner to enter objections to the
application for judgment of sale and order for sale.
The judgment of sale on any installment shall include all interest
accrued on the installment up to the date of that judgment of sale, and
also the annual interest due as returned delinquent by the municipal
collector on any installment or installments not matured. All judgments of
sale for a matured installment shall bear interest on the amount of the
principal of that matured installment to the date of payment or sale.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-87) (from Ch. 24, par. 9-2-87)
Sec. 9-2-87.
When the specified general officer in each county receives the
report provided for, he shall proceed to obtain judgment against the lots
and parcels of land and property for the special assessments and the
special taxes, or installments thereof, and interest remaining due and
unpaid, in the same manner as is or may be by law provided for obtaining
judgment against lands for taxes due and unpaid the county or State except
that in counties having a population of less than 1,000,000,
no other notice of the application for this judgment shall be required than
that specified in this Division 2 to be given by the collector of the municipality.
The general collecting officer of the county shall proceed in the same manner
to sell the same for the specified special assessments, special taxes, or
installments thereof, and interest remaining due and unpaid except that in
counties having a population of less than 1,000,000, no
other notice of sale shall be required than that specified in this Division
2 to be given by the
collector of the municipality. In obtaining these judgments and making this
sale, the general collecting officer of the county shall be governed by the
general revenue law of the State except as otherwise provided in this
Division 2.
No application for judgment against land for unpaid special taxes or
special assessments shall be made at a time different from the annual
application for judgment against land upon which general taxes remain due
and unpaid.
The application for judgment upon delinquent special assessments or
special taxes in each year shall include only such special assessments,
special taxes, or installments thereof, and interest, as have been returned
as delinquent to the county collector on or before the first day of August
in the year in which the application is made, and marked on the general tax
books of the county collector on or before March 10, as provided in Section
9-2-81. However, in counties having a population of less than 1,000,000, such
application shall include only the special assessments, special taxes, or
installments thereof, and interest as have been returned or reported as
delinquent to the general collecting officer of the county not less than 5
days prior to the date designated for application for judgment, in the year
in which the application is made. Such judgment of sale shall include
interest on matured installments up to the date of the judgment, as
provided in this Division 2.
In the 5 years next following the completion of a general reassessment
of real property in any county having a population of 1,000,000
or more, made pursuant to an order of the Department of Revenue of the State
of Illinois,
notwithstanding that those special assessments, special taxes, or
installments thereof, and interest, have not been returned as delinquent to
the county collector on or before the first day of August in the year in
which the application is made, and notwithstanding that those special
assessments, special taxes, or installments thereof, and interest, were not
marked on the general tax books of the county collector on or before March
10 of the same year as provided in Section 9-2-81 or within 15 days after
the county collector received the general tax books in that year, such an
application shall be made on the first day of September for judgment and
order of sale for special assessments, special taxes, or installments
thereof, and interest, in each year on delinquent lands and lots. The
county collector shall include in that application all special assessments,
special taxes, and installments thereof, and interest, then remaining
unpaid. Within 30 days after the county collector has received the general
tax books the special assessments, special taxes, or installments thereof,
and interest, then remaining unpaid, shall be marked therein, and if for
any reason, that application cannot be made on the first day of September,
it shall be made at any time not later than the first day of the next
succeeding January.
In counties having a population of less than 1,000,000,
the application for judgment and order of sale, and the sale, shall be made on the
respective days previously designated by the general collecting officer of
the county.
(Source: P.A. 82-1013.)
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(65 ILCS 5/9-2-88) (from Ch. 24, par. 9-2-88)
Sec. 9-2-88.
In counties having a population of less than 1,000,000
in all cases, except where land or lots have been withdrawn from collection for
want of bidders or forfeited to the State for nonpayment of special
assessments 2 or more years in succession next preceding the year in which
the application for judgment and order of sale is made, the collector of
the municipality shall send a notice of the application for judgment and
sale of the land or lots upon which special assessments remain due and
unpaid, the date of sale, a description of the land or lots, and the amount
of the special assessments together with interest and costs due thereon.
The notice shall be sent by mail, either by letter or post card, postage
prepaid, at least 5 days before the date of sale. The notice shall be addressed
to the person shown by the county collector's current warrant book to be the
party in whose name the general real estate taxes on such property were
last assessed, and such notices shall be mailed to each such party at the
address shown for such party in the county collector's current warrant
book. For each such notice the collector of the municipality shall charge
an amount equal to the actual costs, not to exceed 0.02% of the assessed
value of each parcel, to be taxed and collected as costs.
(Source: P.A. 91-864, eff. 6-22-00.)
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(65 ILCS 5/9-2-89) (from Ch. 24, par. 9-2-89)
Sec. 9-2-89.
In counties having a population of less than 1,000,000,
any person owning or claiming land or lots upon which judgment
is prayed, as
provided in this Division 2, may pay the special taxes, special
assessments, interest, and costs due thereon to the collector of the
municipality in which the land or lots are situated at any time before
sale. On the day fixed for sale, the collector shall report, under oath, to
the county clerk, all the land or lots upon which special assessments have
been paid, if any, after the time of making the return mentioned in Section
9-2-85 and prior to that day. The clerk shall note this fact opposite each
tract or lot upon which those payments have been made. This report shall
include a statement by the collector, under oath, that notice of sale has
been sent by mail, by letter or post card, as to all other land or lots
included in the report as required by Section 9-2-88.
(Source: P.A. 82-1013.)
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(65 ILCS 5/9-2-90) (from Ch. 24, par. 9-2-90)
Sec. 9-2-90.
After making the specified sale, the list of lots, parcels of
land, and property sold thereat shall be returned to the office of the
county clerk and redemption may be made as provided for by the general
revenue laws of the State.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-91) (from Ch. 24, par. 9-2-91)
Sec. 9-2-91.
In counties having a population of less than 1,000,000,
a list of all lots, parcels of land, and property withdrawn
from collection at the sale by the corporate authorities levying the tax
and a list of all lots,
parcels of land, and property charged with delinquent special assessments
which were forfeited to the State at that sale, shall be returned by the
county clerk to the office of the municipal collector, where payment of any
delinquent special assessment so withdrawn from collection or forfeited to
the State may be made, as in the case of redemption from sale, at any time
thereafter, unless and until again advertised and offered for sale and sold
for the non-payment thereof.
(Source: P.A. 82-1013.)
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(65 ILCS 5/9-2-92) (from Ch. 24, par. 9-2-92)
Sec. 9-2-92.
In counties having a population of 1,000,000
or more, a list of
all lots, parcels of land, and property withdrawn from collection at that
sale by the corporate authorities levying the tax and a list of all lots,
parcels of land, and property charged with delinquent special assessments
which were forfeited to the State at that sale, shall also be returned to
the office of the county clerk where payment of any delinquent special
assessment so withdrawn from collection or forfeited to the State may be
made, as in the case of redemption from sale at any time while the same is
withdrawn from the county collector, or forfeited, or thereafter, if again
advertised and sold, until the period of redemption at such subsequent sale
under the general revenue laws of the State has expired and a tax deed is
issued thereon.
(Source: P.A. 82-1013.)
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(65 ILCS 5/9-2-93) (from Ch. 24, par. 9-2-93)
Sec. 9-2-93.
In case of such a payment of a withdrawn or forfeited special
assessment, the municipal collector or county clerk, as the case may be,
shall collect a penalty of 12% on the amount of the forfeiture and on the
amount of the withdrawn special assessment together with interest and costs
to the date of withdrawal or forfeiture for the first year after the date
of that withdrawal or forfeiture, and after that first year interest at the
rate of 6% annually. The municipal collector or the county clerk, as the
case may be, shall pay over to the officer of the municipality entitled to
receive the same, within 30 days after the collection has been made, all
special assessments, together with interest, penalties, and also statutory
costs advanced by the municipality and collected by him. But if any lot or
parcel of land should again be offered for sale, because of failure to pay
that delinquent special assessment, and again withdrawn from sale, there
shall be no second charge of 12% for the first year following the
subsequent withdrawal. Instead, the interest rate shall continue at the
rate of 6% annually. There may be second and subsequent charges of 12%
for successive forfeitures.
The municipal collector or county clerk shall be entitled to charge and
collect from the person for whom the service is rendered, a fee of 40 cents
for each estimate of the amount necessary to pay a withdrawn or forfeited
special assessment, including costs, and a fee of $1 for each certificate
of deposit for payment of such a withdrawn or forfeited special assessment.
(Source: P.A. 85-1137.)
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(65 ILCS 5/9-2-94) (from Ch. 24, par. 9-2-94)
Sec. 9-2-94.
In counties having a population of 500,000 or more, the city
comptroller or other officer designated and authorized by the corporate
authorities of any municipality which levies any special assessment has the
power to collect the amounts due on tracts or lots which have been
forfeited or withdrawn from sale, and the interest and penalties due
thereon, based upon an estimate of the cost of redemption computed by the
county clerk and at a rate to be fixed by the corporate authorities as to
the interest and penalties thereon, and he shall issue a receipt therefor.
However, the corporate authorities may authorize the municipal officer to
waive the penalties for the first year in excess of 7%. The person
receiving this receipt shall file it with the county clerk.
Upon the presentation of such a receipt, the county clerk shall issue to
the person a certificate of cancellation setting forth a description of the
property, the special assessment warrant, and installment, and the amount
received by the municipal officer, and this certificate of cancellation
shall be evidence of the redemption of the property therein described. The
form of such a certificate of redemption for filing with the county clerk
shall be substantially as follows: Receipt of Deposit for Redemption.
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I, (here give name, title of municipal officer), of the (give name of
city, village, or incorporated town), do hereby certify that on (insert
date), .... deposited in this office ....
Dollars for the redemption of .... (describe property) .... which ....
withdrawn or forfeited by the collector of this county on (insert date) for the
nonpayment of .... installment of special
assessment warrant.
You are hereby authorized and ordered to cancel from the records and
files in your office that withdrawal or forfeiture, and issue your
certificate of redemption and cancellation.
(insert date).(insert name of city, village, or incorporated town).
By .... (proper officer).
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/9-2-95) (from Ch. 24, par. 9-2-95)
Sec. 9-2-95.
If the collector receives any money for taxes or assessments,
or installments thereof, and gives a receipt therefor, for any land or
parcel of land, and afterwards makes a return that the tax assessment, or
installment thereof was unpaid, to the State officers authorized to sell
land for taxes, or receives the amount so payable after that return has
been made, and that property is sold for any tax, assessment, or
installment thereof which has been so paid and receipted for by himself or
his clerks, the collector and his bondsmen shall be liable to the holder of
the certificate given to the purchaser at that sale for double the amount
of the face of the certificate. This sum may be demanded in 2 years from
the date of the sale, and recovered in any court having jurisdiction of the
amount. The municipality in no case shall be liable to the holder of such a
certificate.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-96) (from Ch. 24, par. 9-2-96)
Sec. 9-2-96.
The collector and the general officer to whom the warrants are
returned, shall pay over to the municipal treasury to which the money
belongs, all money collected by them, respectively, by virtue of such
warrants, or upon any sale for taxes, or otherwise, at such time or times
and in such manner as shall be prescribed by ordinance. They shall be
allowed such compensation for their services in the collection of these
assessments as the ordinance of the municipality may provide, except when
their compensation is fixed by a general law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-97) (from Ch. 24, par. 9-2-97)
Sec. 9-2-97.
The general revenue laws of this State, with reference to proceedings to
recover judgment for delinquent taxes, the sale of property thereon, the
execution of certificates of sale and deeds thereon, the force and effect
of such sales and deeds, and all other laws in relation to the enforcement
and collection of taxes, and redemption from tax sales, except as otherwise
provided in this Division 2, shall be applicable to proceedings to collect
the special assessments and special taxes provided for in this Division 2.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-98) (from Ch. 24, par. 9-2-98)
Sec. 9-2-98.
Except as otherwise provided in Section 9-2-113, any
municipality interested in the collection of any tax or special assessment,
in default of other bidders, may become a purchaser at any sale of property
to enforce the collection of that tax or special assessment, and by
ordinance may authorize and make it the duty of one or more municipal
officers to attend such sales and bid thereat in behalf of the
municipality. Such a municipality, through its officer or officers, acting
under like authority, in default of bidders, may withdraw from collection
at such a sale any special assessment or installment thereof levied by it
on any lot, parcel of land, or property subject to sale. But such a
withdrawal from collection shall not operate to cancel the assessment or
impair the lien of the municipality so withdrawing it, and the assessment
shall remain delinquent and payable at the office of the municipal
collector or county clerk, with all fees, costs, penalties, interest, and
charges that have accrued thereon. Such a lot, parcel of land, or property,
may be readvertised and resold at any subsequent tax sale for such
delinquent special assessments or installments thereof.
Where suit is instituted by a municipality to foreclose the lien of
special assessments at the request of the owner of real property or his
agent, the corporate authorities shall have the power to provide by
ordinance for the payment by the owner of reasonable costs and expenses
incurred by the municipality in connection with the suit. Any moneys
collected for such purpose shall be expended by the municipality in the
same manner and for the same purposes as provided for in Section 8-1-10.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-99) (from Ch. 24, par. 9-2-99)
Sec. 9-2-99.
Except as otherwise provided in Section 9-2-113, no person
obtaining contracts from the municipality and agreeing to be paid out of
special assessments or special taxes, has any claim or lien upon the
municipality in any event, except from the collection of special
assessments or special taxes made or to be made for the work contracted
for. However, the municipality shall cause collections and payments to be
made with all reasonable diligence. If it appears that such an assessment
or tax cannot be levied or collected, the municipality, nevertheless, is
not in any way liable to a contractor in case of failure to collect the
assessment or tax, but, so far as it can legally do so, with all reasonable
diligence, it shall cause a valid assessment or assessments, or special
taxes, to be levied and collected to defray the cost of the work until all
contractors are fully paid. Any contractor is entitled to the summary
relief of mandamus or injunction to enforce the provisions of this section.
The municipal treasurer shall keep a separate account of each special
assessment warrant number, and of the money received thereunder.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-100) (from Ch. 24, par. 9-2-100)
Sec. 9-2-100.
Except as otherwise provided in Section 9-2-113, any work or
other public improvement, to be paid for in whole or in part by special
assessment or special taxation, when the expense thereof will exceed $10,000,
shall be constructed by contract let to the lowest responsible bidder in
the manner prescribed in this Division 2. Such contracts shall be approved
by the president of the board of local improvements.
In case of any work which it is estimated will not cost more than $10,000,
if after receiving bids it appears to the board of local improvements that
the work can be performed better and cheaper by the municipality, the
corporate authorities of the municipality shall perform that work and
employ the necessary help therefor. The cost of that work by the
municipality in no case shall be more than the lowest bid received.
(Source: P.A. 96-138, eff. 8-7-09.)
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(65 ILCS 5/9-2-101) (from Ch. 24, par. 9-2-101)
Sec. 9-2-101.
Except as otherwise provided in Section 9-2-113, if the
ordinance provides for alternate specifications for the kind, nature,
character, and description of a proposed improvement, or the materials to
be used in its construction, and more than one estimate has been prepared,
then the assessing officer or commissioners appointed to make the
assessment shall make his or their report and assessment roll, based upon
the highest estimate of the cost of the proposed improvement.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-102) (from Ch. 24, par. 9-2-102)
Sec. 9-2-102.
Except as otherwise provided in Section 9-2-113, within 90
days after judgment of confirmation of any special assessment or special
tax, levied in pursuance of this Division 2, has been entered, if there is
no appeal perfected, or other stay of proceedings by a court having
jurisdiction, or in case the judgment for the condemnation of any property
for any such improvement, or the judgment of confirmation as to any
property is appealed from, then, if the petitioner files in the cause a
written election to proceed with the work, notwithstanding the appeal, or
other stay, steps shall be taken to let the contract for the work in the
manner provided in this Division 2. If the judgment of condemnation or of
confirmation of the special tax or special assessment levied for the work
is appealed from, or stayed by order of a court
having jurisdiction, and the petitioner files no such election, then the
steps provided in this Division 2 for the letting of the contract for the
work shall be taken within 15 days after the final determination of the
appeal, or the determination of the stay, unless the proceeding is
abandoned as provided in this Division 2.
(Source: P.A. 84-551.)
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(65 ILCS 5/9-2-103) (from Ch. 24, par. 9-2-103)
Sec. 9-2-103.
Except as otherwise provided in Section 9-2-113, notice shall
be given by the board of local improvements that bids will be received for
the construction of such an improvement, either as a whole or in such
sections as the board shall specify in its notice, in accordance with the
ordinance therefor. This notice shall state the time of opening of the
bids, and shall further state where the specifications for the improvement
are to be found, and whether the contracts are to be paid in cash or in
bonds, and if in bonds, then the rate of interest the vouchers or bonds
shall draw. The notice shall be published at least twice, not more than 30
nor less than 15 days in advance of the opening of the bids, in one or more
newspapers designated by the board of local improvements in an order
entered in its records, 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.
Proposals or bids may be made either for the work as a whole or for
specified sections thereof. All proposals or bids offered shall be
accompanied by cash, or by a check payable to the order of the president of
the board of local improvements in his official capacity, certified by a
responsible bank,
for an amount which shall not be less than 10% of the
aggregate of the proposal, or by a bid bond, for an amount which shall be not
less than 10% of the aggregate of the proposal. These proposals or bids
shall
be delivered to
the board of local improvements. That board, in open session, at the time
and place fixed in the specified notice, shall examine and publicly declare
the proposals or bids. However, no proposals or bids shall be considered
unless accompanied by such a check or cash.
(Source: P.A. 91-296, eff. 1-1-00.)
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(65 ILCS 5/9-2-104) (from Ch. 24, par. 9-2-104)
Sec. 9-2-104.
Except as otherwise provided in Section 9-2-113, the
successful bidder for the construction of such an improvement shall be
required to enter into bond in a sum equal to one-third of the amount of
his bid with sureties to be approved by the president of the board of local
improvements. This bond shall be filed with the board of local
improvements, or where there is no board of local improvements, with the
municipal clerk. When entering into the contract for the construction of an
improvement the bond shall provide that the contractor shall well and
faithfully perform and execute the work in all respects according to the
complete and detailed specifications, and full and complete drawings,
profiles, and models therefor, and according to the time and terms and
conditions of the contract, and also, that the bidder and contractor shall
promptly pay all debts incurred by him in the prosecution of the work,
including those for labor, and materials furnished.
Suit may be brought on the bond in case of default, or failure to pay
these debts promptly, by and in the name of the municipality for all
damages sustained either by the municipality, or by any person interested
or for the damages sustained by the municipality and all parties in
interest, or by any beneficiary or party interested, in the name of the
municipality for the use of the party interested as beneficial plaintiff,
to recover for the labor and materials furnished. However, in no case shall
costs be adjudged against the municipality in any suit brought by any party
in interest wherein the municipality is the nominal, but not the
beneficial, plaintiff.
In advertising for bids or proposals for the construction of such an
improvement, the board of local improvements shall give notice that such a
bond will be required, and all bids or proposals shall contain an offer to
furnish such a bond upon the acceptance of such a bid or proposal.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-105) (from Ch. 24, par. 9-2-105)
Sec. 9-2-105.
Except as otherwise provided in Section 9-2-113, the board of
local improvements may reject any and all proposals or bids, should they
deem it best for the public good. If the board is of the opinion that a
combination exists between contractors, either to limit the number of
bidders, or to increase the contract price, and that the lowest bid is made
in pursuance thereof, the board shall reject all proposals or bids. The
board may reject the bid of any party who has been delinquent or unfaithful
in any former contract with the municipality. It shall reject all proposals
or bids other than the lowest regular proposals or bids of any responsible
bidder and may award the contract for the specified work or improvement to
the lowest responsible bidder at the prices named in his bid. Such an award
shall be recorded in the record of its proceedings. Such an award, if any,
shall be made within 20 days after the time fixed for receiving bids.
If no award is made within that time, another advertisement for
proposals or bids for the performance of the work, as in the first
instance, shall be made, and thereafter the board shall proceed in the
manner above provided in this Division 2. Such a re-advertisement shall be
deemed a rejection of all former bids, and thereupon the respective checks
and bonds corresponding to the bids so rejected shall be returned to the
proper parties. However, the check accompanying any accepted proposal or
bid shall be retained in the possession of the president of the board until
the contract for doing the work, as hereinafter provided, has been entered
into either by the lowest responsible bidder or by the owners of a majority
of the frontage, whereupon the certified check shall be returned to the
bidder. But if that bidder fails, neglects, or refuses to enter into a
contract to perform that work or improvement, as provided in this Division
2, the certified check accompanying his bid and the amount therein
mentioned, shall be declared to be forfeited to the municipality, and shall
be collected by it and paid into its fund for the repairing and maintenance
of like improvements. Any bond forfeited may be prosecuted, and the amount
due thereon collected and paid into the same fund.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-106) (from Ch. 24, par. 9-2-106)
Sec. 9-2-106.
Except as otherwise provided in Section 9-2-113, whenever any
contract has been awarded to any bidder for the construction of any
waterworks system, bridge, or viaduct referred to in Section 9-2-19, the
bid of the party to whom the contract has been awarded and the award
therefor shall be treated as provisional and shall not be binding upon the
party to whom the contract is awarded, or upon the municipality, until the
levying of the tax provided for in Section 9-2-38 has been authorized by
the electors of that municipality voting at an election to be held as
provided in Section 9-2-38. The provisions of this Section 9-2-106 shall
not apply to any city having a population of 500,000 or more.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-107) (from Ch. 24, par. 9-2-107)
Sec. 9-2-107.
Except as otherwise provided in Section 9-2-113, any owner or
person interested in any of the property assessed and any bidder shall be
entitled to a hearing before the board on any question connected with any
such award.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-108) (from Ch. 24, par. 9-2-108)
Sec. 9-2-108.
Except as otherwise provided in Section 9-2-113, a notice of
such an award of contract shall be published in one or more newspapers,
designated by the board of local improvements in an order entered in its
records, 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.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-109) (from Ch. 24, par. 9-2-109)
Sec. 9-2-109.
Except as otherwise provided in Section 9-2-113, the owners
of a majority of the frontage of the lots and land upon the street wherein
the work is to be done, or their agents, who take oath that they are such
owners or agents, shall not be required to present sealed proposals or
bids, but, within 10 days after the first publication of the notice of such
an award, may elect to take the work, and enter into a written contract to
do the whole work at 10% less than the price at which the contract has been
awarded.
Should those owners fail to elect to take the work, and to enter into a
written contract therefor within 10 days, or to commence the work within 30
days after the first publication of the award, and to prosecute the work
with diligence, the board of local improvements shall enter into a contract
with the original bidder, to whom the contract was awarded, at the prices
specified in his bid.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-110) (from Ch. 24, par. 9-2-110)
Sec. 9-2-110.
Except as otherwise provided in Section 9-2-113, if such
original bidder fails or refuses for 20 days after the first publication of
the notice of award, or in case a contract is made with the owners, and
default by them, then, within 10 days after notice that the owners are in
default, to enter into a contract, which shall be simultaneously executed
by the municipality and signed by the president of the board of local
improvements and attested by the municipal clerk under the municipal seal,
then the board of local improvements, without further proceedings, shall
again advertise for proposals or bids, as in the first instance, and award
the contract for the work to the then regular lowest bidder. The bids of
all persons, and the election of all owners as specified in Section 9-2-109
who have failed to enter into the contract as provided in this Division 2,
shall be rejected in any bidding or election subsequent to the first for
the same work.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-111) (from Ch. 24, par. 9-2-111)
Sec. 9-2-111.
Except as otherwise provided in Section 9-2-113, if the
owners or contractors, who may have taken any contract, do not complete the
work within the time mentioned in the contract, or within such further time
as the board of local improvements may give them, the board may relet the
unfinished portions of that work, after pursuing the formalities prescribed
hereinbefore for the letting of the whole in the first instance.
All contractors, contracting owners included, at the time of executing
any contract for such public work, shall execute a bond to the satisfaction
and approval of the board of local improvements of the municipality, in
such sum as the board deems adequate, conditioned for the faithful
performance of the contract. The sureties shall justify, before some person
competent to administer an oath, in double the amount mentioned in that
bond, over and above all statutory exemptions.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-112) (from Ch. 24, par. 9-2-112)
Sec. 9-2-112.
Except as otherwise provided in Section 9-2-38, the board of
local improvements in cities of 500,000 and over, may appoint an engineer
for the board, and such assistant engineers, clerks, and inspectors as may
be necessary to carry into effect the purposes of this Division 2.
The board is hereby authorized to make or cause to be made, the written
contracts, and receive all bonds authorized by this Division 2, and to do
any other act, expressed or implied, that pertains to the execution of the
work provided for by such an ordinance. The board shall fix the time for
the commencement of the work under such an ordinance and for the completion
of the work under all contracts entered into by it. This work shall be
prosecuted with diligence thereafter to completion and the board may extend
the time so fixed from time to time, as they may think best for the public
good. The work to be done pursuant to such contracts in all cases must be
done under the direction and, except where the assessment is divided into
installments, to the satisfaction of the board of local improvements, and
all contracts made therefor must contain a provision to that effect, and
also express notice that in no case, except as otherwise provided in the
ordinance, or the judgment of the court, will the board, or municipality,
except as otherwise provided in this Division 2, or any officer thereof, be
liable for any portion of the expenses, nor for any delinquency of persons
or property assessed.
The acceptance by the board of any improvement shall be conclusive in
the proceeding to make the assessment, and in all proceedings to collect
the assessment, or installments thereof, on all persons and property
assessed therefor, that the work has been performed substantially according
to the requirements of the ordinance therefor. But if any property owner is
injured by any failure so to construct the improvement, or suffers any
pecuniary loss thereby, he may recover the amount of the injury in a civil
action against the municipality making the improvement, if the action is
commenced within one year from the date of the acceptance of the work by
the board of local improvements.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-113) (from Ch. 24, par. 9-2-113)
Sec. 9-2-113.
In any case where an improvement is to be constructed with
the aid and assistance of any agency of the Federal Government, or any
other governmental agency, the provisions of Sections 9-2-100 through
9-2-112 shall not apply where they conflict with this section. The board of
local improvements in cities having a population of 500,000 or more and the
corporate authorities in municipalities having a population of less than
500,000 may proceed at any time within 90 days after the judgment of
confirmation has been entered in the construction of the work. Within 90
days after the judgment of confirmation the board of local improvements in
cities having a population of 500,000 or more and the corporate authorities
in municipalities having a population of less than 500,000, shall adopt a
resolution determining to proceed with the construction of the work,
publish the resolution within 10 days 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.
Ten days after the publishing of this resolution a copy thereof,
properly certified, shall be filed in the court in which the judgment of
confirmation was entered. This resolution shall be authority for the
issuing of the warrant to the collector for the collection of the
assessment. Each assessment shall draw interest from the date of passage of
the resolution of intention to proceed with the work, as provided in
Sections 9-2-48 through 9-2-51.
After this resolution has been filed and a warrant issued to the
collector for the collection of the assessment, the municipality may issue
bonds or vouchers to anticipate the collection of the unpaid portions of
all installments of the assessment, including the first installment if it
has not been certified delinquent, for the purpose of applying the proceeds
of the bonds toward paying the cost of the improvement, including all
expenses of making, levying, collecting the assessment and engineering and
attorneys' fees. These bonds if issued shall be sold for not less than par
and accrued interest and the proceeds used for that purpose, or the bonds
may be issued, for not less than par and accrued interest, in payment for
materials, labor, or services.
No person furnishing materials or supplying labor for the construction
of any such local improvement shall have any claim or lien against the
municipality except from the collection of the special assessments or
special taxes made or to be made for that work, or from the proceeds of the
sale of bonds to anticipate the collection of the same in case such bonds
have been sold.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-114) (from Ch. 24, par. 9-2-114)
Sec. 9-2-114.
Except as otherwise provided in Section 9-2-117, within 30
days after the final completion and, where required, acceptance of the
work, as provided in Section 9-2-112, the board of local improvements shall
have the cost thereof, including the cost of engineering services,
certified in writing to the court in which the assessment was confirmed,
together with an amount estimated by the board to be required to pay the
accruing interest on bonds or vouchers issued to anticipate collection.
Thereupon, if the total amount assessed for the improvement upon the public
and private property exceeds the cost of the improvement, all of that
excess, except the amount required to pay such interest as is provided for
in this Division 2, shall be abated and the judgment reduced
proportionately to the public and private property owners and shall be
credited pro rata upon the respective assessments for the improvement under
the direction of the court.
In case the assessment is collectible in installments, this reduction
shall be made so that all installments shall be equal in amount, except
that all fractional amounts shall be added to the first installment so as
to leave the remaining installments in the aggregate equal in amount and
each a multiple of $100. If prior to the entry of the order abating and
reducing the assessment the assessment has been certified for collection
pursuant to the provisions of Section 9-2-76, and any of the installments
of the assessment so certified for collection have become due and payable,
the reduction and abatement above referred to shall be made pro rata upon
the other installments. The intent and meaning of this is that no property
owner shall be required to pay to the collector a greater amount than his
proportionate share of the cost of the work and of the interest that may
accrue thereon.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-115) (from Ch. 24, par. 9-2-115)
Sec. 9-2-115.
In every assessment proceeding in which the assessment is
divided into installments, the board of local improvements shall state in
the certificate whether or not the improvement conforms substantially to
the requirements of the original ordinance for the construction of the
improvements, and shall make an application to the court to consider and
determine whether or not the facts stated in the certificate are true.
Thereupon the court, upon such an application, shall fix a time and place
for a hearing upon the application, and shall record the application. The
time of this hearing shall be not less than 15 days after the filing of the
certificate and application. Public notice shall be given at least twice of
the time and place fixed for that hearing by publishing in a newspaper, in
the same manner and for the same period as provided in this Division 2 for
publishing notice of application for the confirmation of the original
assessment, the publication of this notice to be not more than 30 nor less
than 15 days before the day fixed by the order for that hearing.
At the time and place fixed by the notice or at any time thereafter, the
court shall proceed to hear the application and any objection which may be
filed thereto within the time fixed in the order. Upon that hearing the
specified certificate of the board of local improvements shall be prima
facie evidence that the matters and things stated are true, but if any part
thereof is controverted by objections duly filed thereto, the court shall
hear and determine the objections in a summary manner and shall enter an
order according to the fact.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-116) (from Ch. 24, par. 9-2-116)
Sec. 9-2-116.
If upon the hearing the court finds against the allegations
of the certificate, it shall enter an order accordingly. The board of local
improvements shall then procure the completion of the improvement in
substantial accordance with the ordinance. The board, from time to time,
may file additional or supplemental applications or petitions in respect
thereto, until the court eventually is satisfied that the allegations of
the certificate or applications are true, and that the improvement is
constructed in substantial accordance with the ordinance.
If before the entry of such an order upon such a certificate there has
been issued to the contractor in the progress of any such work, bonds to
apply upon the contract price thereof, that contractor or the then owner or
holder of those bonds, shall be entitled to receive in lieu thereof new
bonds of equivalent amount, dated and issued after the entry of that order.
Nothing contained in Sections 9-2-114 through 9-2-116 shall apply to any
proceedings under Sections 9-2-72 and 9-2-73, or either of them, for the
confirmation of new assessments, levied to pay for the cost of work already
done.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-117) (from Ch. 24, par. 9-2-117)
Sec. 9-2-117.
Where an improvement has been constructed with the aid of any
agency of the Federal government, or other governmental agency, the
provisions of Sections 9-2-114 through 9-2-116 shall not apply except as to
the manner of the final hearing. In that case, upon completion of the
project the board of local improvements shall adopt a resolution accepting
the project as constructed in full conformance with the ordinance and
specifications therefor and approving the cost of the work upon its
completion as being in compliance with the ordinance and specifications.
Whereupon a certified copy of this resolution shall be filed in the court
in which the judgment of confirmation was entered and a hearing had upon
the cost and completion in the same manner as is provided in Sections
9-2-114 through 9-2-116.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-118) (from Ch. 24, par. 9-2-118)
Sec. 9-2-118.
The board of local improvements shall designate someone to
carefully inspect the entire work done pursuant to any such proceeding and
contract, and the materials therefor, during the progress of the work, to
the end that the contractor shall comply fully and adequately with all the
provisions of the ordinance, and of the contract under which the work is to
be done, and the specifications therefor. Upon the complaint of any
property owner that the work or materials do not comply with those
requirements, the president of the board of local improvements shall either
examine the work and materials himself, or designate some member of the
board to do so. The president of the board shall make a personal
examination, and certify in writing as to the result thereof. This written
certificate shall be filed with the papers pertaining to the board, and
shall be open to public inspection at any time.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-119) (from Ch. 24, par. 9-2-119)
Sec. 9-2-119.
For the purpose of anticipating the collection of the
second and succeeding installments, provided for in this Division 2, a
municipality may issue bonds, payable out of these installments, bearing
interest at a rate specified in the ordinance referred to in Section 9-2-10
of this Code and not more than the rate the installments
of the assessment against which the bonds are issued bear,
payable annually and signed by such officers as may be by ordinance
prescribed. Bonds shall be issued in sums of $100, or some multiple
thereof, and shall be dated and draw interest from the date of their
issuance. Each bond shall state on its face out of which installment it is
payable, and shall state, by number or other designation, the assessment to
which that installment belongs. The principal of these bonds shall not
exceed, in the aggregate, the amount of the deferred installments, and
shall be divided into as many series as there are deferred installments.
However, if there is a surplus to the credit of any such installment
which is not required for the payment of any vouchers or bonds issued
against that installment, that surplus shall be applied toward the payment
of any outstanding vouchers or bonds already issued or to be issued, as the
case may be, against any other installment or installments.
Each series shall become due at some time in the year in which the
corresponding installment will mature, the date to conform, as nearly as
may be, to the time when that installment will be actually collected. This
time shall be estimated and determined by the municipal officers issuing
the bonds. But it is lawful to provide in the case of any one or more of
the bonds in any series, that that bond or bonds shall not become due until
some subsequent date, not later than December 31 next succeeding the
January in which the installment against which that series is issued will
mature.
The bonds may be in the following form:
State of Illinois) ) ssCounty of .......)
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Improvement Bond
The .... of .... in .... County, Illinois, for value received, promises
to pay to the bearer on (insert date)
the sum of .... dollars, with interest thereon from date hereof, at the rate of
....%, payable annually on presentation of the coupons hereto annexed.
Both principal and interest of this bond are payable at the office of
the treasurer of said .... of .....
This bond is issued to anticipate the collection of a part of the ....
installment of special assessment No. .... levied for the purpose of ....
which installment bears interest from (insert date), and this bond and the interest thereon are payable solely out of the
installment when collected.
Dated (insert date).
The bond may have coupons attached to represent the interest to accrue
thereon.
In lieu of the bonds described in this Section, a municipality may issue
bonds of the type described in Section 9-2-127, but all bonds issued under
any one special assessment proceeding must be of the same type.
Public Act 77-1185 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 103-154, eff. 6-30-23.)
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(65 ILCS 5/9-2-120) (from Ch. 24, par. 9-2-120)
Sec. 9-2-120.
The court having jurisdiction of the original assessment
proceeding is authorized at any time after the assessment has been
confirmed to extend the time of payment of the assessment, or any
installment thereof, whether due or not due, heretofore or hereafter
levied, and in case securities have been issued, to refund the securities
and past due interest thereon, heretofore or hereafter issued in
anticipation of the collection of the assessment or any installment thereof
levied under the provisions of this Division 2, or any part thereof, and
past due interest thereon (unless such past due interest is waived). In
cases where no securities have been issued, the provisions of this section
as to refunding securities shall not apply but the court, on petition of
the municipality, has jurisdiction to extend the time of payment of the
assessment. Securities not due may be refunded only when the holders
thereof surrender the securities in exchange for refunding securities
issued in lieu thereof, or deposit the securities as hereinafter provided
and agree to accept payment therefor in cash in an amount not exceeding the
par value thereof, together with accrued interest. This payment is to be
made out of the proceeds of the sale by the municipality of those refunding
securities. All securities against any installment to be refunded shall be
so surrendered or deposited.
The specified court is hereby vested with authority to divide any
assessment or any installment or installments thereof into a greater number
of installments than was originally provided for in the order confirming
the assessment and to fix the amount of each installment, if, in its
judgment, such a re-division into a greater number of installments is for
the best interest of all parties concerned.
As used in this section and Sections 9-2-121 through 9-2-124,
"securities" means bonds, coupons (except bonds or coupons issued under
Sections 9-2-127 through 9-2-129) and vouchers, public benefit vouchers,
and warrants and accrued interest.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-121) (from Ch. 24, par. 9-2-121)
Sec. 9-2-121.
Whenever it is desired to extend the time of payment of any
assessment or any of the installments thereof and issue refunding
securities, any municipality that has issued securities in anticipation of
the collection of the special assessment levied under the provisions of
this Division 2, upon a petition of 75% of the holders of any securities
issued against any assessment or any installment or installments thereof
addressed to the corporate authorities of the issuing municipality, shall
adopt an ordinance directing and providing for the extension of the time of
payment of the assessment or any of the installments thereof and the sale
and exchange of refunding securities in anticipation of the collection of
the special assessment or any of the installments thereof the time of
payment of which is to be extended. The ordinance so adopted shall direct
the filing of a petition in the court having jurisdiction of the original
assessment. In the ordinance, the municipality shall establish a date of
issue of those refunding securities and this date of issue shall be also
the date from which interest on those refunding securities shall run and
from which interest on the assessment so extended shall run. The ordinance
for this refunding shall refer to the original assessment proceeding and no
estimate or recommendation by the board of local improvements shall be
required.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-122) (from Ch. 24, par. 9-2-122)
Sec. 9-2-122.
The court shall hear the proceeding in a summary manner
without a jury and there shall be no hearing on benefits or on any legal
objections not arising subsequent and incidental to the proceeding provided
for in Sections 9-2-120 through 9-2-124. No judgment confirming any such
proceeding shall be entered until all unpaid securities have been either
deposited in the court or with some depository under an escrow agreement
approved by the court. The petition shall set forth the amount of the
assessment or installments to be extended, the date of confirmation of the
original assessment, the rate of interest of the original assessment, the
amount of cash on hand in the particular assessment or installments, the
unpaid securities or other obligations to be refunded, the date of maturity
of the unpaid securities, and the rate of interest the unpaid securities
bear. This petition shall also state that the holders of the securities
issued in anticipation of the collection of the assessment or installments,
will surrender their securities in exchange for refunding securities to be
issued under the provisions of Sections 9-2-120 through 9-2-124, or accept
in payment thereof an amount not exceeding the par value thereof, with
accrued interest thereon. This petition shall also state what assessment or
installments thereof are desired to be refunded, the desired maturity and
the rate of interest of the extended installments, and the maturity,
amount, and rate of interest of the refunding securities sought to be
issued.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-123) (from Ch. 24, par. 9-2-123)
Sec. 9-2-123.
Accompanying the petition there shall be filed an assessment
roll setting forth a description of the lots, blocks, tracts, and parcels
of land assessed in the original proceeding, the total amount of the unpaid
installments, and the interest thereon proposed to be extended against each
tract, the amount, number and due date of each installment of the proposed
extended assessment.
The assessment as extended shall
be collected in the same manner as the original assessment.
When this petition is filed it shall be presented to the court and if
found to be in proper form the court shall set the petition for hearing at
such date as will enable the clerk of the court to give at least 10 days'
notice of the hearing thereon, and it is the duty of the clerk to publish a
notice at least twice, not more than 30 nor less than 15 days before the
date set for hearing, 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. This notice shall set forth the
filing of the petition, the docket and warrant number of the assessment and
the installment or installments thereof proposed to be extended and the
number of installments in which it is proposed to divide the extended
assessment. The notice shall also state when and where the court will hear
objections to the petition.
At this hearing the court may extend the time of payment of one or more
installments of the assessment, change the number of installments in which
the assessment is divided, and subject to the provisions of Sections
9-2-120 through 9-2-124, provide for the details of the issuance of the
refunding securities, in accordance with the prayer of the petition, and
enter an order confirming the assessment as extended.
Any property owner may pay the original assessment or any installment to
be extended within 10 days after the entry of such an order. Upon the
expiration of 10 days after the entry of such an order the corporate
authorities shall issue the refunding securities authorized by the order of
the court, but the delivery of the refunding securities shall be
simultaneous with the surrender of the securities to be refunded or paid.
The securities so surrendered shall be immediately cancelled. The
collection and payment of the extended assessment and the securities issued
under Sections 9-2-120 through 9-2-124 shall be in the manner as now
provided by law.
(Source: P.A. 79-1361.)
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(65 ILCS 5/9-2-124) (from Ch. 24, par. 9-2-124)
Sec. 9-2-124.
Any assessment and all installments, the time for collection
of which has been extended, shall continue to be a lien on the land
assessed the same as in the original assessment and the refunding
securities issued under the provisions of Section 9-2-120 through 9-2-124
shall be payable therefrom.
Whenever the refunding of securities and the extending of the time of
the payment of assessments or installments thereof include assessments or
installments past due and these assessments or installments or any part
thereof have been returned delinquent, withdrawn, or forfeited as provided
by law, the court, in the order extending the time of payment and
authorizing the refunding of the securities, shall order the county
collector to withdraw those assessments or installments from the delinquent
list and order the proper officers to release all property forfeited or
withdrawn on account of those assessments or installments, the time of
payment of which is to be extended, by a proper entry upon the tax sale and
judgment record of the county. The county clerk shall charge the security
holders a fee of 35 cents for each such service rendered by him in
connection therewith.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-125) (from Ch. 24, par. 9-2-125)
Sec. 9-2-125.
Whenever, in a proceeding under Sections 9-2-120 through
9-2-124, the refunding of securities and the extending of the time of
payment of any assessment or installments thereof include an assessment or
installments past due and the property against which the past due
assessment or installments or any part thereof were levied has been sold at
a sale of property to enforce the collection of the past due assessment to
the municipality levying the assessment and the municipality has not paid
the purchase price at that sale and a certificate of purchase has been
issued and delivered to the municipality, this past due assessment or
installments or any part thereof shall be extended, and the securities
issued to anticipate their collection shall be refunded, as in the case of
an assessment returned delinquent, withdrawn, or forfeited, and the lien of
the original assessment and of the certificate of purchase shall be
continued and preserved by the assessment as extended.
In such a case the court in which the proceeding is pending, in the
order extending the time of payment and authorizing the refunding of the
securities, shall order the municipality levying the assessment to present
its certificate of purchase to the county clerk. The county clerk shall
cancel this certificate by endorsing thereon the words "cancelled by
assessment as extended" and shall enter a note of such cancellation upon
his tax, judgment, sale redemption, and forfeiture record. Where this
certificate or evidence thereof has been recorded with the recorder of
deeds or registered with the registrar of titles the court shall order the
county clerk to issue a certificate to the municipality showing the legal
description of all lots, blocks, tracts, and parcels of land against which
a certificate or evidence thereof has been recorded or registered and
reciting the cancellation of the certificate of purchase by virtue of the
extension of the assessment and refunding of the securities. This
certificate shall be filed by the municipality with the recorder
or the registrar of titles, as the case may be. Thereupon the lien of that
assessment as extended shall stand in lieu of the lien of the original
assessment and of the certificate of purchase, and the assessment as
extended shall be collected in the same manner as the original assessment.
The county clerk shall receive for his services rendered as set forth in
this section a fee of 35 cents for each certificate so cancelled. This fee,
together with the fees of the recorder and of the registrar of
titles shall be paid by the security holders.
(Source: P.A. 83-358.)
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(65 ILCS 5/9-2-126) (from Ch. 24, par. 9-2-126)
Sec. 9-2-126.
Whenever any voucher, bond or interest coupon issued by a
municipality in anticipation of the collection of special assessments under
any of the provisions of this Division 2 has been lost, destroyed or stolen
and proof is made to the official of the municipality charged with making
payments on the voucher, bond or interest coupon that the loss, theft or
destruction occurred while the voucher, bond or interest coupon was owned
by and in possession of the claimant, such official shall issue or cause to
be issued and delivered to the claimant a duplicate of such voucher, bond
or interest coupon alleged to have been lost, destroyed or stolen after
first indorsing on the duplicate all payment of principal and interest made
on the original voucher, bond or interest coupon. However, the claimant
shall prior to issuance of any such duplicate execute and deliver to the
municipality a bond in a penalty at least double the amount of the
principal of such voucher, bond or interest coupon alleged to have been
lost, destroyed or stolen with sufficient security to be approved by the
municipal official, conditioned to indemnify the municipality against all
claims by any other person on account of such voucher, bond or interest
coupon and against all costs and expenses by reason thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-127) (from Ch. 24, par. 9-2-127)
Sec. 9-2-127.
In lieu of the bonds authorized in Section 9-2-119, the
municipality upon the written request of the holders of all of the
outstanding and unpaid vouchers issued in payment of the work, may issue
and deliver to such voucher holders, in exchange for such vouchers, bonds
provided for in this Section 9-2-127, provided that prior to the receipt of
such request the municipality has not issued or has not made any commitment
to issue any bonds the funds from which are to be used toward paying such
outstanding and unpaid vouchers in full. The bonds shall be dated as of and
shall draw interest from the date of their issuance, except when issued in
exchange for vouchers theretofore issued in payment of the work. In such
latter case the bonds shall be issued in the principal amount of the unpaid
balance of the vouchers and shall bear the same date as the vouchers for
which they are exchanged or the date to which interest was last paid on the
vouchers, and the bonds shall draw interest from such date. The bonds shall
be issued at not less than their par value. The bonds shall be executed by
such officers as may be prescribed by ordinance of such municipality, with
the corporate seal attached. The bonds shall bear interest at a rate specified
in the ordinance referred to in Section 9-2-10 of this
Code and of not more than the rate the installments of the assessment against
which the bonds are issued bear. The bonds shall recite
specifically that they are payable solely and only from the assessment
levied for the payment of the cost of the improvement, designating the
improvement for which the assessment has been levied, and shall mature on
or before December 31 next succeeding the January 2 on which the last
installment shall mature. Interest coupons attached to the bonds shall bear
the official or facsimile signatures of the same officers who signed the
bonds and shall be made payable at the office of the treasurer of the
municipality. The bonds shall be numbered consecutively beginning with
number one upwards and shall be payable in their numerical order and
redeemable prior to maturity in numerical order as hereinafter provided.
Each of the bonds issued pursuant to this Section 9-2-127 shall bear a
legend on the face of the bond printed in bold face type and in a paragraph
by itself to the effect that the bond is one of a series of bonds which are
to be paid and redeemed in numerical order and not on a pro-rata basis.
As used in this Section and in Sections 9-2-128 and 9-2-129, "treasurer"
with respect to municipalities in which a comptroller is elected or
appointed means treasurer or comptroller.
Public Act 77-1185 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 103-154, eff. 6-30-23.)
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(65 ILCS 5/9-2-128) (from Ch. 24, par. 9-2-128)
Sec. 9-2-128.
The bonds authorized in Section 9-2-127 may be in the
following form:
United States of America
Number Dollars
.... ....
State of Illinois County of ....
.... of ....
IMPROVEMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That the .... of ...., in the County of
...., State of Illinois, hereby acknowledges itself to owe, and for value
received promises to pay to the BEARER, the sum of .... Dollars ($....) on
the .... day of ....,...., but subject to prepayment at the par value
hereof at any time as hereinafter provided, together with interest thereon
at the rate of .... per cent (....%) per annum, from date hereof until
paid, payable on the .... day of ....,...., and annually thereafter on the
.... day of .... in each year on presentation and surrender of the interest
coupons hereto attached.
Both principal and interest on this bond are payable at the office of
the treasurer of said .... of ...., in lawful money of the United States of
America.
This bond is issued in exchange for part of the vouchers issued in
payment of the work done under Special Assessment No. ...., levied for the
purpose of ...., which assessment bears interest from the .... day of
....,...., and this bond and the interest thereon are payable solely out of
the installments of the assessment when collected.
THIS BOND IS ONE OF A SERIES OF BONDS WHICH ARE TO BE PAID AND REDEEMED
IN NUMERICAL ORDER AND NOT ON A PRO-RATA BASIS.
The bonds in the series, aggregating .... Dollars ($....), are numbered
from .... to .... inclusive, bonds numbered .... to .... being of the
denomination of $.... each, and bonds numbered .... to .... being of the
denomination of $.... each.
By the terms of the statute and ordinance authorizing these bonds,
whenever there shall be sufficient funds in the hands of the treasurer of
the .... of ...., after the payment of all interest due on the bonds, and
after the establishment of such reserve, if any, as the treasurer in his
discretion may deem advisable to pay interest to become due at the next
interest coupon date, to prepay one or more of the bonds, then it is the
duty of such treasurer to call and pay such bond or bonds. The treasurer
shall cause notice of such call for prepayment to be published in some
newspaper of general circulation in the .... of ...., Illinois, not less
than 5 nor more than 30 days prior to the date fixed for prepayment. If no
newspaper is published in the municipality, such notice shall be published
in a newspaper with a general circulation in the municipality, and if there
be no such newspaper, such notice shall be posted in at least 3 prominent
places within the municipality. This bond will cease to bear interest on
and after the date so fixed for prepayment. The presentation of the bond
will waive the necessity of giving notice of its call for payment. Bonds
shall be paid in numerical order beginning with the lowest numbered
outstanding bond.
IN TESTIMONY WHEREOF, the .... of .... has caused its corporate seal to
be hereto affixed, and this bond to be signed by the officers prescribed by
ordinance, and the coupons hereto attached to be signed by such officials
by their original or facsimile signatures, which officials, if facsimile
signatures are used, do adopt by the execution hereof as and for their
proper signatures their respective facsimile signatures appearing on the
coupons, all as of the .... day of ....,.....
.... ....
SEAL
Interest coupons which may be attached to bonds authorized in this
section may be in the following form:
Coupon No. .... $....
On the .... day of ....,...., unless the bond to which this coupon is
attached shall have theretofore been called for payment at an earlier date
and payment made or provided for,
The .... of .... in the County of ...., State of Illinois, will pay to
BEARER .... Dollars ($....), out of funds realized from the collections of
Special assessment No. .... of the municipality, at the office of the
treasurer of the municipality, for interest due on that day on its
improvement bond dated as of the .... day of ....,....
BOND NO. .....
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-129) (from Ch. 24, par. 9-2-129)
Sec. 9-2-129.
The municipality shall have the right to call and pay the
bonds authorized in Section 9-2-127, or any number thereof, in the
following manner:
Whenever there are sufficient funds in the hands of the treasurer to
redeem one or more of the bonds, after the payment of all interest due, and
after the establishment of such reserve, if any, as the treasurer in his
discretion may deem advisable to pay interest to become due at the next
interest coupon date, the treasurer, by publication or posting of notice as
provided in this section, shall call and pay such bond or bonds. The
treasurer shall cause notice of such call for payment to be published in a
newspaper published in the municipality, or if no newspaper is published
therein, then in a newspaper with a general circulation within the
municipality, and if there be no such newspaper, then by posting in at
least 3 prominent places within the municipality. The notice shall specify
the number or numbers of the bonds called, designating the assessment
against which the bonds have been issued, and directing presentation of
such bonds for payment and cancellation, and indicating that interest will
cease on the bonds not less than 5 nor more than 30 days from the date of
publication of such notice or posting, and thereafter the bonds shall cease
to bear interest. The presentation of any bond to the treasurer for payment
shall waive the necessity of giving notice of its call for payment.
The treasurer upon accumulation of sufficient funds shall pay one or
more bonds and shall call and pay such bonds. Any bondholder or holder of
any interest coupon appertaining to any bond, after giving reasonable
notice, shall be entitled to summary relief by mandamus or injunction to
enforce these provisions.
When bonds are issued under Section 9-2-127, all collections of the
special assessment installments and all interest collected shall constitute
a single fund which shall be applied first to the payment of interest due,
and to the establishment of such reserve, if any, as the treasurer in his
discretion may deem advisable to pay interest to become due at the next
interest coupon date, and then to the redemption and payment of bonds as
provided herein. However, in municipalities having a population of less
than 500,000, where the ordinance for the improvement provides for the
collection of costs, collections made on the first installment shall be
used first to pay such costs, and any surplus shall be used to pay bonds
and interest thereon as provided herein. Provision as to redemption and
call of the bonds shall be inserted in each of the bonds issued in
accordance with the provisions of this Section 9-2-129.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-130) (from Ch. 24, par. 9-2-130)
Sec. 9-2-130.
The bonds may be sold, or paid to the contractor having the
contract for the improvement for which the assessment was levied, at not
less than their par value and interest accrued to time of delivery, whether
sold, or paid to the contractor.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-131) (from Ch. 24, par. 9-2-131)
Sec. 9-2-131.
Payment for any improvement done or performed under the
provisions of this Division 2, to be paid for out of any special assessment
or special tax levied in installments, as provided in this Division 2, may
be made in the bonds provided for in this Division 2. In the event payment
is made in the bonds authorized under Section 9-2-119, the first
installment of such special assessment or special tax shall be paid to the
person entitled thereto on the contract for that work. If this first
installment is not collected when payments fall due, vouchers therefor may
be issued, payable out of the first installment when collected. These
vouchers shall bear interest at the rate specified in the ordinance referred
to in Section 9-2-10 of the Illinois Municipal Code for bonds and not more
than the rate the installments of the assessment against which the vouchers
are issued bear, payable
annually, and shall be signed by such officers as may be prescribed by
ordinance.
In the event payment is made in the bonds authorized under Section
9-2-127, the first installment of such special assessment or special tax
and all other installments thereof shall be held and used to pay the bonds
and interest thereon as provided in Section 9-2-127.
However, in municipalities having a population of less than 500,000,
where the ordinance for the improvement provides for the collection of
costs, such costs shall be first paid out of this first installment and may
be included in and evidenced by vouchers issued as provided in this Section
9-2-131.
This amendatory Act of 1971 is not a limit upon any municipality which
is a home rule unit.
This amendatory Act of 1972 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 82-642.)
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(65 ILCS 5/9-2-132) (from Ch. 24, par. 9-2-132)
Sec. 9-2-132.
Any property owner may pay his assessment wholly or in part,
either before or after it is due, and whether or not the assessment has
been withdrawn from collection or the property assessed has been sold to
any municipality or forfeited to the State for nonpayment of that
assessment, with the bonds or vouchers heretofore or hereafter issued under
this Division 2 on account of that assessment, applying, however, bonds
issued under Section 9-2-119 and vouchers of each series only to the
payment of the installments to which they relate. If bonds issued under
Section 9-2-127 are used to make such payments, such bonds may be applied
to the payment of any and all installments, but only such of those bonds
may be used as are next in numerical order of redemption at the time of
making such payments. In making such payments, the vouchers and bonds shall
be taken at their par value and interest accrued to the date of making the
payment. All vouchers and bonds received in payment of such an assessment
shall be cancelled by the officer receiving the vouchers, or bonds, as of
the date of their receipt, and then deposited with the treasurer or the
comptroller, as the case may be, of the municipality issuing the vouchers
or bonds.
However, when the amount of the assessment is less than that of a bond
or voucher, the officer receiving the same shall issue a receipt for the
balance which shall entitle the owner to the same rights, except as to
negotiability, as if the receipt were the original bond or voucher in the
amount of the balance. Any such indorsement on any such bond or voucher
shall be made by writing or stamping across the face thereof the words
"payments upon this bond (or voucher) are listed upon the back."
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-133) (from Ch. 24, par. 9-2-133)
Sec. 9-2-133.
When any municipality provides by ordinance for the
construction of a waterworks system, any portion of the cost of which is to
be paid by special assessment and a direct annual tax is authorized by a
vote as provided in Section 9-2-38, in order to secure the payment of the
cost of that construction, the contractor and holders of the bonds that may
be issued in payment of that cost, in the manner provided in this Division
2, shall have a lien upon the waterworks system, and upon the income to be
derived from its operation, to secure the payment of the amounts due them
respectively. This lien shall be to the fullest extent that the
municipality may be authorized by law to create. Upon a request in writing
of the contractor for the construction of such a waterworks system, or of
the holders of a majority in amount of the specified bonds, the
municipality shall convey by a deed of trust in the nature of a mortgage
the waterworks system so to be constructed, and all the property, both real
and personal, pertaining thereto. Such a deed of trust shall secure the
payment of the assessment for public benefit or of the bonds as the
contractor or holders of the bonds may elect. The trustees in such a deed
of trust shall be selected by the contractor or the holders of a majority
in amount of such bonds. The provisions of this section shall not apply to
any city having a population of 500,000 or more.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-134) (from Ch. 24, par. 9-2-134)
Sec. 9-2-134.
The entire proceeds arising from the operation of such
waterworks system shall be paid into the municipal treasury and shall be
kept in a separate fund to be known as the "waterworks fund." After the
payment therefrom of the necessary running and operating expenses of the
waterworks system, the balance from time to time shall be credited by the
municipal treasurer upon the assessment levied against the municipality for
public benefits and the respective installments thereof, and shall be
applied toward the payment of the cost of the waterworks system in the
manner provided by this Division 2. Until the bonds so issued to pay the
cost of the construction of the waterworks system and the interest thereon
have been fully paid, the municipal treasurer shall not pay any warrant
drawn on the "waterworks fund" for any other purpose except for the payment
of the necessary operating expenses of the waterworks system.
In case such a waterworks system is used and operated to supply water
for any existing distributing system, the entire proceeds derived from the
operation of the waterworks system and the distributing system so supplied
with water shall be apportioned and divided in proportion to the original
cost of the distributing system, and the cost of the waterworks system.
These costs shall be determined by the municipal clerk. The portion of such
income that is so determined to arise from the operation of the waterworks
system shall be paid to the municipal treasurer and placed in the
"waterworks fund" and used only in the manner specified in this section.
The provision of this section shall not apply to any city having a
population of 500,000 or more.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-135) (from Ch. 24, par. 9-2-135)
Sec. 9-2-135.
No person accepting the vouchers or bonds as provided in this
Division 2 shall have any claim or lien upon the municipality in any event
for the payment of his vouchers or bonds or the interest thereon, except
from the collection of the assessment against which the vouchers or bonds
are issued. The municipality, nevertheless, shall not be in any way liable
to the holders of these vouchers or bonds in case of a failure to collect
the assessment, but with all reasonable diligence, so far as it can legally
do so, it shall cause a valid special assessment or a special tax, as the
case may be, to be levied and collected, to pay these bonds and vouchers,
until all bonds and vouchers are fully paid. Any holder of vouchers or
bonds, or his assigns, shall be entitled to summary relief by way of
mandamus or injunction to enforce the provisions of this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-136) (from Ch. 24, par. 9-2-136)
Sec. 9-2-136.
From time to time, as the work under any contract for such an
improvement progresses, upon certificates by the board of local
improvements, or by some officer designated by the board for that purpose,
payments may be made either in money, vouchers, or bonds, as provided in
this Division 2, to apply upon the contract price, reserving, however, a
sufficient amount upon each of the payments to properly secure, in the
judgment of the board, the faithful performance of the contract. This
reserve shall be paid over at such time and on such conditions as the board
shall fix, after the specified work has been completed or accepted.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-137) (from Ch. 24, par. 9-2-137)
Sec. 9-2-137.
The board of local improvements before the crediting of the
excess as provided for in Section 9-2-114, shall estimate an amount deemed
sufficient to make up any probable deficiency of interest, in the event
that from any cause, collections of interest may prove insufficient to meet
the interest to be paid on the bonds until they mature as hereinbefore
provided. This estimated amount shall be deducted out of the installments
as an item of expense before crediting rebates of excess as directed in
this Division 2 and shall be used for no other purpose than to make up such
a deficiency until the bonds are fully paid, both principal and interest.
Any balance remaining of this estimated amount after the principal and
interest of the bonds are fully paid may be used to reimburse the corporate
fund for any advances made from this fund on account of costs of the
special assessment or special tax or other expenses of the improvement for
which the special assessment or special tax is levied.
However, in municipalities having a population of 500,000 or more, no
deduction of this estimated amount out of the installments shall be made
where the ordinance providing for the assessment provided that a certain
sum not to exceed 5% of the amount of that special assessment or special
tax shall be applied as provided in Sections 9-2-138 and 9-2-139, or in
case such a municipality, at any time before the crediting of such excess,
shall annually appropriate or set aside a fund sufficient in amount to meet
all estimated deficiencies in interest which may arise during the year for
which the fund is provided.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-138) (from Ch. 24, par. 9-2-138)
Sec. 9-2-138.
If, after final settlement with the contractor for any
improvement and after full payment of all vouchers or bonds except those
bonds and interest coupons not presented for payment, although called and
for which funds are available and reserved, within the period of time
specified in Section 9-1-5, issued on account of that improvement, there is
any surplus remaining in the special assessment or special tax above the
specified payments and above the amount necessary for the payment of
interest on those vouchers or bonds, such surplus shall be applied to
reimbursing the public benefit fund for any amounts paid from such fund on
account of the improvement. If, after the public benefit fund has been
reimbursed, a surplus still remains, the proper authorities of the
municipality shall declare at once a rebate upon each lot, block, tract, or
parcel of land assessed, of its pro rata proportion of that surplus. Such
rebate shall be paid to the owner of record of each such lot, block, tract,
or parcel at the time of the declaration of the rebate. Should any
additional funds be collected after the original rebate is declared, the
municipality shall not be required to declare a supplemental rebate for 5
years from the date the original rebate is declared. The municipality may
deduct for its cost and expenses for declaring and making any rebate not
more than 5% of the amount declared to be rebated. The board of local
improvements shall keep and exhibit publicly in its office, an index of all
warrants upon which rebates are due and payable and upon proper proof, the
warrants shall be repaid to the persons entitled thereto.
However, whenever any municipality having a population of 500,000 or
more has appropriated or set aside a fund sufficient in amount to meet all
estimated deficiencies in interest, cost of making, levying, and collecting
a special assessment or special tax, and of letting and executing
contracts, advertising, clerical hire, engineering and inspection, court
costs and fees of commissioners in condemnation proceedings incurred in
such a proceeding and has provided, in the ordinance providing for the
assessment, that a certain sum not to exceed 5% of the amount of the
assessment or special tax shall be applied toward the payment of the
specified and other costs of making and collecting the assessment, the
money collected in the fund created by this 5% so added as hereinbefore
authorized shall be used to pay all deficiency in interest in the warrant,
and the balance shall be used to reimburse the corporate funds for advances
made from the corporate funds on account of costs of the special assessment
or special tax or other expenses of the improvement for which the special
assessment or special tax was levied.
(Source: Laws 1965, p. 2969.)
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(65 ILCS 5/9-2-139) (from Ch. 24, par. 9-2-139)
Sec. 9-2-139.
The costs and expenses of maintaining the board of local
improvements, for paying salaries of the members of the board, and the
expense of making and levying special assessments or special taxes and of
letting and executing contracts, and also the entire cost and expense
attending the making and return of the assessment rolls and the necessary
estimates, examinations, advertisements, and like matters, connected with
the proceedings provided for in this Division 2, including the court costs
and the fees to commissioners in condemnation proceedings, which are to be
taxed as provided in this Division 2, shall be paid by the municipality out
of its general corporate fund.
However, in municipalities having a population of less than 500,000, the
municipality, in the ordinance providing for the prescribed assessment, may
provide that a certain sum, not to exceed 6% of the amount of this
assessment, shall be applied toward the payment of the specified and other
costs of making and collecting this assessment. In municipalities having a
population of less than 500,000, the estimate of cost of the improvement
may also provide an item setting forth a reserve for deficiency in interest
not to exceed 6% of the amount of the assessment.
The limitation in the preceding paragraph shall not apply to the costs
of engineering and inspection connected with any local improvement, but
these costs in municipalities having a population of less than 500,000 may
be included in the cost of the improvement to be defrayed by special
assessment or special tax.
In municipalities having a population of 500,000 or more, the
municipality, in the ordinance providing for the prescribed assessment, may
provide that a certain sum not to exceed 5% of the amount of this
assessment, as finally determined after the completion of the improvement
in accordance with Sections 9-2-114 through 9-2-116, shall be applied (but
only by way of reimbursement of the general corporate fund as hereinafter
in this Section provided) toward the payment of the cost of making,
levying, and collecting the special assessment or special tax, and of
letting and executing contracts, advertising, clerical hire, engineering
and inspection, court costs and fees of commissioners in condemnation
proceedings incurred in the proceeding and deficiency in interest in the
matter of the special assessment or special tax. If the part of the
assessment levied on account of the expenses specified in this paragraph,
exceeds 5% of the entire assessment as finally determined in accordance
with Sections 9-2-114 through 9-2-116, but does not exceed 5% of the
assessment as originally levied and filed in court, that excess shall not
constitute any objection to a judgment of confirmation of the assessment.
But no larger sum on account of the expenses specified in this paragraph
than 5% of the assessment as finally determined in accordance with Sections
9-2-114 through 9-2-116, shall be treated as a part of the cost of the
improvement to be certified by the board of local improvements in
accordance with Sections 9-2-114 through 9-2-116, and if the part of the
assessment originally levied on account of the expenses specified in this
paragraph exceeds 5% of the entire assessment as finally determined in
accordance with that Section, any such excess shall be treated as a part of
the excess to be abated in accordance with the provisions of Sections
9-2-114 through 9-2-116.
Such a deficiency in interest, if any, shall be first paid out of the
fund so created by this 5% so added as in this Section authorized. The
application of this fund toward the payment of the expenses specified in
the preceding paragraph shall be only by paying over and transferring the
balance of the fund after the payment of such a deficiency in interest, to
the general corporate fund of the municipality for reimbursement for
expenses of the improvement for which the assessment is levied, theretofore
paid out of that general corporate fund.
(Source: P.A. 76-758.)
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(65 ILCS 5/9-2-140) (from Ch. 24, par. 9-2-140)
Sec. 9-2-140.
Appeals from final judgments or orders of any court made in
the proceedings provided for by this Division 2, may be taken in the manner
provided in other civil cases, by the municipality or by any of the owners
or parties interested in land taken, damaged, or assessed therein. However,
no appeal may be taken after 30 days from the entry of the final judgement
or order. Such an appeal may be prosecuted jointly, and upon a joint bond,
or severally, and upon several bonds, as may be specified in the order
fixing the amount and terms of such bonds.
(Source: P.A. 76-1407.)
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(65 ILCS 5/9-2-141) (from Ch. 24, par. 9-2-141)
Sec. 9-2-141.
After the expiration of the 30 day period allowed for filing
a notice of appeal under this Division 2, an appeal from any such judgment
may be filed in the manner provided in other civil cases on petition or
application of owners or parties interested in the property affected
thereby, as shown by the record, at any time after the disposition of the
last remaining objections to the confirmation, if any, prior to the first
day of June following the entry of the judgment.
However, if the warrant for collection as to any parcel is not certified
for collection so that an application for judgment of sale may be made in
the year following the entry of the judgment, leave to appeal as to that
parcel, on application, may be granted by the reviewing court within the
period of one year after the entry of the judgment.
In every case there shall be filed with the clerk of the reviewing
court, with the application for leave to appeal, an affidavit by the
appellant or his agent setting forth the time when the warrant for
collection, as to the property, was so certified, and further setting forth
that the person to whom the notice of the filing of assessment roll as to
the property, as shown by the record, did not receive the notice, or
otherwise learn of the pendency of the proceedings for the confirmation of
the assessment until less than 10 days before the entry of default against
his property in the court below. In all such cases the notice of appeal
shall contain a statement that it is filed pursuant to leave granted by the
reviewing court under authority of this Division 2 and the notice of appeal
shall be filed and served on or before the dates hereinabove fixed.
(Source: Laws 1967, p. 3762.)
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(65 ILCS 5/9-2-142) (from Ch. 24, par. 9-2-142)
Sec. 9-2-142.
Any municipality, not already controlled by this Division 2,
if it so determines by ordinance, may adopt the provisions of this Division
2, and where it has so adopted this Division 2, it has the right to take
all the proceedings provided for and to have the benefit of all the
provisions of this Division 2.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-143) (from Ch. 24, par. 9-2-143)
Sec. 9-2-143.
Whenever, immediately prior to January 1, 1942, authority of
law existed in corporate authorities to levy special assessments or special
taxes for local improvements, and for that purpose to use the proceedings
provided by Article 9 of an act entitled "An Act to provide for the
incorporation of cities and villages," approved April 10, 1872, as amended,
or by "An Act concerning local improvements," approved June 14, 1897, as
amended, such corporate authorities are authorized to make use of the
provisions of this Division 2 for the purpose, with the same effect, and to
the same extent as heretofore authorized to use the provisions of either
mentioned act. Any such corporate authorities as may be on and after
January 1, 1942, authorized by law to levy such special assessments or
special taxes, whether otherwise expressly authorized thereto or not, may
make use of the provisions of this Division 2 in like manner.
If, in any such case, a board of local improvements, as required in this
Division 2, does not exist, the corporate authorities shall take such steps
for a public hearing, on the subject of the proposed improvement, to be
paid for by special assessment or special taxation, as are required in this
Division 2 of the board of local improvements, and they shall act as such a
board in the manner provided in this Division 2, as nearly as may be, both
in originating the improvement and in executing the work and making payment
therefor.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-2-144) (from Ch. 24, par. 9-2-144)
Sec. 9-2-144.
The laws subsisting immediately prior to January 1, 1942, the
time of the taking effect of this Division 2, shall continue to apply to
all proceedings for the condemnation of land, or the confirmation of
special assessment or special taxes for local improvements, which were
pending in any court in this state at the time of the taking effect of this
Division 2, and to all proceedings for the collection of any deficiency
under past levies already made under any law existing at the time of the
taking effect of this Division 2, and also to all proceedings for new
assessments made in lieu of others annulled before this Division 2 took
effect, by order of some court.
Whenever any installment of an assessment confirmed under prior acts
matures, proceedings to return the installment delinquent, and to collect
the installment shall conform to the provisions of this Division 2.
Whenever any bond issued under "An Act concerning local improvements,"
approved June 14, 1897, as amended, matures, proceedings to refund or
enforce its payment shall conform to the provisions of this Division 2, so
far as they are applicable.
Nothing in this Division 2 shall be construed to repeal any of the laws
relating to civil service, and nothing in this Division 2 shall be
construed to repeal or modify any of the rules of the civil service
commission of the city of Chicago adopted pursuant to the civil service
laws, and nothing in this Division 2 shall be construed to repeal Division
84 of Article 11.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 9 Div. 3 heading) DIVISION 3.
PROCEDURES FOR SPECIFIED
LOCAL IMPROVEMENTS
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(65 ILCS 5/9-3-1) (from Ch. 24, par. 9-3-1)
Sec. 9-3-1.
Any municipality may make a local improvement whenever the
public necessity requires such improvement, subject only to the limitations
prescribed in this Division 3. This Division 3 shall not be construed as
repealing any other laws with respect to local improvements, but shall be
considered as an additional grant of power for the purposes herein set out.
Any number of streets, avenues, lanes or alleys, or any other public
places, or parts thereof, to be improved may be included in one proceeding
(even though they may be intersected by previously improved streets,
avenues, roads or alleys which are not included in the proceeding) where
they are contiguous or part of a connected system with reciprocal benefits.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-2) (from Ch. 24, par. 9-3-2)
Sec. 9-3-2.
In this Division 3, the following terms have the meaning
ascribed to them unless the context indicates otherwise:
"Municipality" means any city, village, or incorporated town.
"Attorney" means the attorney employed by the municipality to furnish
the necessary legal services in connection with any local improvement to be
constructed under this Division 3.
"Engineer" means the engineer employed by the municipality to prepare
the necessary plans, estimates, and specifications, and supervise
construction of any local improvement to be constructed under this Division
3.
"Assessed valuation" means the value of the property as shown on the tax
collectors' record for the last year in which taxes were levied.
"Assessor" or "assessing officer" means the county or township official
who performs the duties of assessor.
"Committee on local improvements" means the committee created pursuant
to Section 9-3-3 consisting of the presiding officer of the corporate
authorities of the municipality and an attorney and an engineer.
"Local improvements" means and includes the improving, widening or
extending of any street, avenue, lane, alley or other public place by
grading, paving, repaving, resurfacing, and constructing curbs, gutters,
storm sewers, sanitary sewers, water mains, walks, gas mains, street lights
and all necessary appurtenances thereto and otherwise improving the same,
or repairing of curbs, gutters, storm sewers, sanitary sewers, water mains,
walks, gas mains, street lights and all necessary appurtenances thereto and
otherwise improving the same.
"Prime Commercial Rate" means such prime rate as from time to time is
publicly announced by the largest commercial banking institution located
in this State, measured in terms of total assets.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-3) (from Ch. 24, par. 9-3-3)
Sec. 9-3-3.
Whenever the corporate authorities of any municipality
deem it necessary to undertake any local improvement, within the
corporate limits, a resolution shall be adopted describing the public
property to be so improved. Such resolution shall also establish a
committee on local improvements consisting of the presiding officer of
the corporate authorities, an attorney and an engineer. Such resolution
shall direct the committee on local improvements to proceed in the
preparation of plans, specifications, estimate of cost, and an ordinance
for the improvement. Proceedings to make a local improvement also may be
instituted whenever the owners of more than one-half of the property
abutting on any street, avenue, lane, alley or other public place, or
portion thereof, petition the corporate authorities of any municipality
to make any local improvement within the corporate limits. If such
petition is presented the corporate authorities shall adopt a resolution
describing the public property to be so improved and directing the
committee on local improvements, consisting of the same membership as
described above in this section, to proceed in the preparation of plans,
specifications, estimate of cost and an ordinance for the improvement.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-4) (from Ch. 24, par. 9-3-4)
Sec. 9-3-4.
The corporate authorities of any municipality may contract for
the services of an attorney and an engineer, who shall be members of the
committee on local improvements, to prepare the necessary plans, plats,
profiles, estimates, specifications, and all other details for any of such
improvement. The engineer may be any person registered to practice
engineering in the State of Illinois. Such municipality shall provide for
the payment for services of the attorney and engineer either from the
assessments to be levied against the property benefited to pay the cost of
such improvement, or from its general funds, or from the motor fuel tax
fund, or from State or Federal funds allocated to the municipality, or from
any other available public or private fund, or from any combination of the
foregoing sources of funds.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-5) (from Ch. 24, par. 9-3-5)
Sec. 9-3-5.
Upon the adoption of a resolution determining to make the
improvement by the corporate authorities, the committee on local
improvements shall proceed with the preparation of plans, specifications
and estimate of cost of the improvement. Upon completion, the plans,
specifications and estimate of cost, shall be filed in the office of the
recording officer of such municipality. The plans and specifications shall
be in sufficient detail to enable a competent engineer to direct
construction thereof, and in sufficient detail to advise any person
interested of the general nature, character and type of the improvement.
The estimate of cost shall set forth in one item the estimated amount to be
paid the contractor. A second item shall include the cost of making and
collecting the assessment, engineering inspection, attorneys' fees and
other costs, which second item shall in no event exceed 12% of the
estimated contract price as set out in the first item above mentioned. The
plans, specifications and estimate of cost shall be accompanied by:
(1) A certificate executed by the members of the committee on local
improvements setting forth the boundaries of the area probably benefited by
such improvement. The establishment of the boundaries of the area probably
benefited shall have no relation to the levy of an assessment against
property benefited. Such boundaries are to be used merely for the
determination of an area in which protests may be filed against the
construction of the improvement. Assessments shall be levied against all
property benefited regardless of whether or not such property is located
within the boundaries of the area;
(2) A certificate executed by the County Clerk setting forth the lots,
tracts and parcels of real estate that have been forfeited for delinquent
taxes either for general taxes or special taxes, or both, within the
boundaries of the area as set forth in the certificate required by
subdivision (1) of this section;
(3) A certificate executed by the assessing officer of the county to
show the assessed valuation of each lot, tract and parcel of real estate
located within the boundaries of the area set forth in the certificate
required under subdivision (1) of this section;
(4) A certificate executed by any officer of the municipality setting
forth the names and addresses of all persons owning lots, tracts and
parcels of real estate within the boundaries of the area probably benefited
by such improvement as shown on the tax collector's records for the last
year in which taxes were levied.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-6) (from Ch. 24, par. 9-3-6)
Sec. 9-3-6.
After the filing of the plans, specifications and estimate of
cost, as provided in Section 9-3-5, the corporate authorities shall, by
resolution, set a day and hour for a public hearing upon the proposed
improvement which shall not be less than 10 days after the filing of the
plans, specifications and estimate of cost. Notice of the time and place of
the public hearing shall be sent by mail directed to the person who paid
the general taxes for the last preceding year on each lot, tract and parcel
of real estate within the boundaries of the area probably benefited, not
less than 5 days prior to the date set for the public hearing. The notice
in addition to the time, date and place of the public hearing shall contain
a general description of the proposed improvement including the estimated
cost and a statement that the plans and specifications are on file with the
recording officer of the municipality for public inspection.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-7) (from Ch. 24, par. 9-3-7)
Sec. 9-3-7.
At the time and place fixed for the public hearing, the
corporate authorities shall meet and hear anyone desiring to be heard upon
the subject of the proposed improvement. In case any person objects to the
proposed improvement or any of the elements thereof, the corporate
authorities shall adopt a new resolution abandoning the proposed scheme or
adhering thereto, or changing, altering, or modifying the extent, nature,
kind or character, without a further public hearing thereon, as it
considers most desirable. Thereupon, if the proposed improvement is not
abandoned, the committee on local improvements shall change or amend the
plans, specifications and estimate of cost if it deems it necessary and
prepare an ordinance authorizing and directing the improvement to be made.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-8) (from Ch. 24, par. 9-3-8)
Sec. 9-3-8.
After the public hearing has been held as provided in Section
9-3-7, and after the plans, specifications and estimate of cost have been
filed in the office of the recording officer of the municipality, the
corporate authorities shall by resolution, set a date for consideration and
passage of the ordinance, and direct that notice be given by posting or
publication of the date set for consideration of said ordinance. Such
notice, if posted, shall be posted in not less than 3 public places in such
municipality not less than 10 days prior to the date set for such
consideration. If published such notice shall be published at least once in
a newspaper published and of general circulation in the municipality, if
there be such a newspaper, not less than 10 days prior to the date set for
the consideration of the ordinance. If no newspaper of general circulation
is published within the municipality then no publication shall be necessary
and notice given by posting will be sufficient. Such notice by posting or
by publication shall describe generally the improvement proposed to be
made, set the boundaries of the area probably benefited, and provide that
the owners of record of real estate within the area may at any time, prior
to the date set for consideration of the ordinance authorizing the
improvement, protest in writing against the construction of such
improvement. If the owners of record of 70% or more of the area of the real
estate located within the area described as probably benefited, file a
written protest in the office of the recording officer (to be designated in
the posting or publication) prior to the date set for consideration of the
ordinance authorizing the improvement, then the corporate authorities of
such municipality shall not pass the ordinance, and the improvement shall
not again be initiated for a period of 6 months.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-9) (from Ch. 24, par. 9-3-9)
Sec. 9-3-9.
On the date set for consideration and passage of the ordinance,
the corporate authorities shall convene, consider the ordinance, examine
the certificates submitted with the ordinance in relation to the area
benefited and consider all protests that have been filed against the
construction of the improvement. The corporate authorities before adoption
of the ordinance shall consider the forfeitures and the valuations shown in
the certificates of the respective lots, tracts and parcels of real estate
within the boundaries of the area probably benefited. If lots, tracts and
parcels of real estate representing 25% or more of such value as shown in
the certificate in sub-section (3) of Section 9-3-5 of the lots, tracts and
parcels of real estate within the boundaries of the area probably benefited
have been forfeited to the State for the non-payment of taxes, either
general taxes or special assessments, or both, then the corporate
authorities shall not adopt the ordinance and shall proceed no further with
the improvement and the same improvement shall not again be initiated for a
period of one year. Further, if 50% or more in number of the lots, tracts
and parcels of real estate within the above described boundaries represent
vacant property and the owners of 50% or more in number of the lots, tracts
and parcels, of real estate file written objections, the corporate
authorities shall proceed no further with the improvement and the same
improvement shall not again be initiated for a period of one year, or if
the estimated cost of the improvement exceeds the assessed full, fair cash
value of the real estate located within the boundaries of the district
probably benefited, as shown by the county assessor's certificate, then the
corporate authorities shall proceed no further with the improvement and the
same improvement shall not be again initiated for a period of one year. If,
however, there is less than 25% of the real estate within the area
forfeited for non-payment of general taxes or special assessments, or both,
and there are less than 50% in number of the lots, tracts and parcels of
real estate within the area vacant, or if 50% or more in number of the
lots, tracts and parcels of real estate within said area are vacant but the
owners of less than 50% of the lots, tracts and parcels of real estate file
objections, and the total estimated cost of the improvement does not exceed
the assessed full, fair cash value of the real estate located within the
area designated as probably benefited, then the corporate authorities shall
be authorized to proceed with the improvement and adopt the ordinance
authorizing and directing the construction thereof.
The corporate authorities shall adjourn from time to time for
consideration of the passage of the ordinance, but not for longer than a
period of 90 days from the date set for hearing thereon. If within 90 days
after the date set for the hearing and consideration of the ordinance such
ordinance is not passed, then such ordinance shall not be passed unless the
improvement is again initiated and a new date set for hearing and
consideration of the ordinance and notice of the date published and posted
as provided in this Division 3.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-10) (from Ch. 24, par. 9-3-10)
Sec. 9-3-10.
The ordinance authorizing and directing the construction of
any local improvement shall describe generally the nature and character of
the improvement and refer to plans, specifications and estimate of cost
thereof on file in the office of the recording officer of the municipality.
It shall not be necessary that the ordinance set forth in detail the
proposed improvement to be made.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-11) (from Ch. 24, par. 9-3-11)
Sec. 9-3-11.
Any local improvement ordinance passed by the corporate
authorities shall be published one time in a newspaper published and of
general circulation in such municipality, if there be one, and if there be
no such newspaper, then such ordinance shall be posted in not less than 3
public places in such municipality. Such ordinance shall not become
effective until 10 days after publication or posting, as the case may be.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-12) (from Ch. 24, par. 9-3-12)
Sec. 9-3-12.
After such ordinance becomes effective the corporate
authorities shall direct some office of such municipality to file a
petition in the circuit court in the county in which such municipality is
situated, or if such municipality is situated in more than one county, and
the proposed improvement lies in more than one county, then in the circuit
court in the county in which the major part of the territory to be affected
thereby is situated. The petition shall be filed in the name of such
municipality, praying that steps be taken to levy a special assessment for
such improvement, in accordance with the provisions of this Division 3. The
circuit court shall have jurisdiction of any proceedings under this
Division 3. Accompanying the petition shall be the following:
(1) A certified copy of the ordinance providing for the construction of
the improvement;
(2) A certificate executed by the assessor to show the assessed value of
each lot, tract, or parcel of real estate listed in the assessment roll
provided for in this Division 3;
(3) An assessment roll prepared by an officer of the municipality
designated by the corporate authorities of the municipality.
Such officer shall prepare an assessment roll, and determine in the
first instance what proportion of the estimated cost of such improvement
will be of benefit to the public and what proportion thereof will be of
benefit to the property, and to apportion the same between the municipality
and property benefited, so that each shall bear its relative equitable
proportion. After having determined such amounts, such officer shall
apportion and assess the amount so found to be of benefit to the property
upon the several lots, tracts and parcels of land in the proportion in
which they will be severally benefited by such improvement. No lot, tract
or parcel of land shall be assessed in a greater amount than it will
actually be benefited. Each lot, tract or parcel of land shall be assessed
separately, in the same manner, as an assessment for general taxation.
However, this requirement shall not apply to property of railroad
companies, or the right of way and franchise of street railway companies,
but the same may be described in any manner sufficient to reasonably
identify the property intended to be assessed. The assessment roll shall
contain a list of all lots, tracts and parcels of land assessed for the
proposed improvement, the amount assessed against each, the name of the
person who paid the taxes on each such parcel during the last preceding
calendar year during which taxes were paid, as ascertained upon
investigation made under the direction of the official making the
assessment roll, and the residence of the person so paying the taxes on
each such parcel, if the same can, on diligent inquiry, be found.
In case of an assessment divided into yearly installments, the amount of
each installment shall also be stated, and the officer making such roll
shall certify under oath that he believes that the amounts assessed against
the public and each parcel of property are just and equitable, and do not
exceed the benefit which will, in each case, be derived from such
improvement, and that no lot, tract or parcel of land has been assessed
more than its proportionate share of the cost of such improvement. Such
assessment roll shall be prima facie evidence of the benefit to each such
lot, tract or parcel of land and to the public as therein set out.
(Source: Laws 1967, p. 3762.)
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(65 ILCS 5/9-3-13) (from Ch. 24, par. 9-3-13)
Sec. 9-3-13.
After filing of the petition as provided in Section 9-3-12,
the court shall enter an order setting a date for hearing on the question
of benefits, and direct that notice be given by the committee on local
improvements of the pendency of the proceeding. The notice shall state
generally the nature of the improvement, the pendency of the proceeding,
the time and place of filing the petition therefor, that an assessment roll
has been filed, and the time and place at which an application will be made
for confirmation of the assessment, the same to be not less than 15 days
after the mailing of such notice. Such notice shall be sent by mail,
postpaid, to each person paying the taxes on the respective parcels during
the last preceding year during which taxes were paid, at his residence as
shown in the assessment roll, or if not shown, then to each person so
paying the taxes directed generally to the municipality in which the
improvement is proposed to be made. Such notice shall also state the amount
assessed, the person to whom the same is directed for the improvement
proposed, and the total cost of such improvement, and the total amount
assessed as benefit upon the public, and if the assessment is to be payable
in installments, the number of installments thereof and the rate of
interest it shall bear. An affidavit shall be filed before the final
hearing thereon by the committee on local improvements showing a compliance
with the requirements of this section and also showing that the committee
on local improvements caused to be made under its direction, or that it
made a careful examination of the county collector's books showing the
payments of general taxes during the last preceding year, in which the
taxes were paid thereon, to ascertain the person who last paid the taxes on
the respective parcels, and a diligent search for such person's residence,
and that the assessment roll filed in court correctly states the same as
ascertained by the committee on local improvements, or as ascertained under
its direction. If the report and affidavit shall be found in any respect
wilfully false, the persons making the same shall be guilty of perjury, and
subject to the pains and penalties provided for such offense by the laws of
this State.
In addition to the mailing of the notice, notice shall also be given by
the committee on local improvements at least 15 days prior to the date set
for the hearing by posting notice in at least 4 public places in such
municipality, all of which shall be in the neighborhood of such proposed
improvement, and within the boundaries of the area described as probably
benefited, and as in this Division 3 provided, and by publishing the same
once each week for 2 successive weeks in a daily or weekly newspaper
published in the municipality, the first publication thereof to be at least
15 days prior to the date set for the hearing on benefits, or if there be
no newspaper published and of general circulation in such municipality,
then by publication in a newspaper published in the county and of general
circulation therein. Such notice shall state the pendency of the
proceedings, set forth a brief general description of the nature of the
improvement, refer to the fact that the ordinance for the same is on file
in the office of the municipal clerk for public inspection, together with
plans, specifications and an estimate of cost of the improvements, and that
such municipality has applied to the court, designating the court, for the
levying of a special assessment, that the assessment roll has been filed in
court and stating the date when the hearing thereon will be had, and that
all persons desiring may file objections to the assessment on any
particular lot, parcel or tract before the date set for said hearing, and
may appear at the hearing and make their defense as to the question of
benefits. If the assessment is to be payable in installments, then such
notice shall state the number of installments and the rate of interest the
installment shall bear.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-14) (from Ch. 24, par. 9-3-14)
Sec. 9-3-14.
Any person interested in any real estate to be affected by
such assessment may appear and file objections to the amount assessed
against any such real estate. However, such objection must be filed in
writing in the court in which the petition has been filed within the time
named in the notice, or within such further time as the court may continue
the case, or within such further time as the court may allow.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-15) (from Ch. 24, par. 9-3-15)
Sec. 9-3-15.
The assessment roll as returned by the officers making the
same shall be prima facie evidence of the correctness of the amount
assessed against each lot, tract or parcel of real estate, but shall not be
counted as testimony of any witness or witnesses in the cause. If it is
objected on the part of any property assessed for improvement that it will
not be benefited thereby to the amount assessed thereon, and that it is
assessed more than its proportionate share of the cost of such improvement,
and a jury is not waived by agreement of parties, the court shall impanel a
jury to try the issue, and in such case, except as otherwise ordered by the
court, all such objections shall be tried and disposed of before a jury.
Such assessment roll may be submitted to the jury and may be taken into a
jury room by the jury when it retires to deliberate on its verdict. Either
party may introduce such other evidence that may bear on the issues. The
hearing shall be conducted as in other cases at law and if it shall appear
that the premises of any objector are assessed more than such premises will
be benefited by such improvement, or more than its proportionate share of
the cost of such improvement, the jury shall so find, and shall also find
the amount for which the premises ought to be assessed, and the judgment
shall be rendered accordingly.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-16) (from Ch. 24, par. 9-3-16)
Sec. 9-3-16.
The hearing on benefits in all cases arising under this
Division 3 may be had at such time as the court may designate. Such
proceedings shall have precedence over all other cases in any court where
the same shall be brought, except criminal cases or other cases in which
the public is a moving party.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-17) (from Ch. 24, par. 9-3-17)
Sec. 9-3-17.
The court before which any such proceedings may be pending
shall have authority to modify, alter, change, annul or confirm any
assessment returned as aforesaid and make all such orders as may be
necessary to such improvement according to the principles of this Division
3 and may from time to time, as may be necessary, continue the application
for that purpose.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-18) (from Ch. 24, par. 9-3-18)
Sec. 9-3-18.
No special assessment shall be levied under the provisions of
this Division 3 until the land necessary therefor or rights in land, are
acquired and in possession of any such municipality, except in cases where
proceedings to acquire such land have been begun and have proceeded to
judgment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-19) (from Ch. 24, par. 9-3-19)
Sec. 9-3-19.
In case any special assessment levied under this Division 3 is
divided into installments under the provisions of this Division 3, the
judgment of confirmation that shall be entered by the court, shall apply to
all of the installments thereof and may be entered in one order.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-20) (from Ch. 24, par. 9-3-20)
Sec. 9-3-20.
The judgment of the court shall be final as to all issues
involved and the proceedings in such case shall be subject to review by
appeal, as hereinafter provided, and not otherwise. However, by mutual
consent the judgment may be vacated or modified notwithstanding the
expiration of 30 days of the rendition of such judgment, except as
hereinafter provided.
Such judgments shall have the effect of several judgments as to each
tract or parcel of land assessed. No appeal from any such judgment shall
invalidate or delay the judgments except as to the property concerning
which the appeal is taken. Each installment of each judgment, shall have
the effect of several judgments. Foreclosure or sale of the property, to
enforce the collection of any one installment, shall not affect the lien
for any subsequent installment.
Such judgments shall be liens on behalf of the municipality making the
improvements and for the payment of which the special assessment is levied
on the property assessed from the date thereof until paid, to the same
extent and of equal force and validity as a lien for general taxes, or
until the property against which any such judgments or installment thereof
has been entered is sold to pay the same, as provided in this Division 3.
Nothing in this section shall interfere with the right of the petitioner
to abandon the proceedings, and for that purpose to vacate such judgments
at any time before commencing the actual collection of such assessment. The
court in which the judgment is rendered may enter an order vacating or
modifying such order of confirmation on motion of the petitioner entered at
any time after the expiration of 30 days from the rendition of such
judgment of confirmation upon a showing by the petitioner that no contract
was let or entered into for the making of such improvement within the time
fixed by law for the letting of the contract, or that the making of such
improvement under the original proceeding was never commenced, or that the
making of such improvement under the proceedings was abandoned. No judgment
entered in such proceedings so dismissed and vacated, shall be a bar to
another like or different improvement. However, after the contract for the
work is entered into, or bonds herein provided for in this Division 3 are
issued, no judgment shall be vacated or modified or any petition dismissed,
nor the collection of the assessment, in any way stayed or delayed, without
the consent of the contractor and bondholders.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-21) (from Ch. 24, par. 9-3-21)
Sec. 9-3-21.
For any special assessment levied under the provisions
of this Division 3 that are annulled by the corporate authorities, or
set aside by any court, or declared to be invalid or void for any reason
whatever, a new assessment may be made and returned, and like notice
shall be given and proceedings had, as herein required in relation to
the first. If any improvement is constructed in accordance with the
provisions of this Division 3, and is accepted by the corporate
authorities, and the special assessment attempted to be levied to pay
the cost of such improvement is annulled, set aside, or declared invalid
or void, then a new special assessment may be made and returned to pay
the cost of the improvement so constructed, or to pay the cost of such
part thereof as the governing body might lawfully authorize to be
constructed, and paid for by special assessment under the provisions of
this Division 3. All parties in interest shall have like rights, and the
corporate authorities and the court shall perform like duties, and have
like power in relation to each such new special assessment, as hereby
given in this Division 3 in relation to the first regular assessment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-22) (from Ch. 24, par. 9-3-22)
Sec. 9-3-22.
The ordinance for any improvement to be constructed under this
Division 3 may provide that the special assessment to be levied to defray
the cost thereof be divided into installments, not more than 20 in number.
The first installment of the assessment shall be due and payable on January
2 next after the awarding of the contract for the construction of such
improvement. The second installment shall be due one year thereafter, and
so on annually, until all installments are paid. It is hereby made the duty
of the clerk of the corporate authorities, to file in the office of the
clerk of the court in which the assessment was confirmed, a certificate
setting forth the date of the awarding of the contract for the construction
of the improvement. All installments shall bear interest until paid at a
rate set forth in such ordinance and not to exceed the greater of 9% per
annum or 70% of the Prime Commercial Rate in effect at the time of the passage
of said ordinance. Interest on assessments
shall begin to run
from the date of filing of the certificate evidencing the award of the
contract for the construction of the improvement, and the interest on each
installment shall be payable as follows:
On January 2 next succeeding the filing of the certificate evidencing
award of the contract, the interest accrued to that time on all unpaid
installments, shall be due and payable and shall be collected with the
first installment. Thereafter interest on all unpaid installments, then
payable, shall be payable annually, and be due and payable at the same time
as the installment maturing in such year, and be collected therewith. In
all cases, it shall be the duty of the municipal collector, whenever
payment is made on any installment, to collect interest thereon up to the
date of such payment, whether the payment be made at or after maturity. Any
person may at any time pay the whole assessment against any lot, piece or
parcel of land, or any installment thereof, without interest, as
hereinafter provided within 20 days after awarding contract or thereafter,
with interest to the next interest payment date.
(Source: P.A. 82-642.)
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(65 ILCS 5/9-3-23) (from Ch. 24, par. 9-3-23)
Sec. 9-3-23.
All contracts awarded by any municipality for the construction
of any improvement authorized and provided for under this Division 3 shall
be payable solely and only out of the assessment levied to pay the cost of
the construction thereof. No person taking any contracts for the
construction of any improvement provided for under this Division 3 shall
have any claim or lien upon such municipality in any event except from the
collection of the special assessments levied for the payment of the cost of
the work. If it appears that such assessment cannot be levied or collected,
such municipality shall not be in any way liable to any such contractor in
case of failure to collect the same, but shall so far as it can legally do
so with all reasonable diligence cause a valid assessment to be made to
defray the cost of the work until any such contractor has been fully paid.
Any contractor shall be entitled to summary relief or mandamus or
injunction to enforce the provisions hereof.
The treasurer of any such municipality shall keep a separate account for
each special assessment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-24) (from Ch. 24, par. 9-3-24)
Sec. 9-3-24.
All contracts for the construction of any improvement to be
paid by special assessment when the expense thereof exceeds $500 shall be
let to the lowest responsible bidder after advertisement for bids, as
hereinafter provided. However, if aid is received from an agency of the
Federal Government, and the application for such aid is approved by an
agency of the Federal Government, no such letting of bids is required. If
such municipality determines to construct the improvement with the aid from
an agency of the Federal Government, then the corporate authorities of any
municipality shall make such determination by resolution and file a
certified copy of the resolution setting out such determination in the
court in which the judgment on confirmation on the assessment has been
entered. Thereafter such municipality shall be authorized to proceed with
the construction of the improvement without letting a contract therefor, in
the manner hereinafter provided.
Within 90 days after the judgment of confirmation of any special
assessment has been entered and if there is no appeal perfected from
the judgment of confirmation, or the judgment of confirmation as
to any property is appealed from, then if the petitioner files in such
cause a written election to proceed with the work, notwithstanding such
appeal, steps shall be taken to let the contract for such work in the
manner hereinafter provided. If the judgment of confirmation is stayed by
order of a court, or if the petitioner filed no
election to proceed as herein provided, then the steps herein provided for
the letting of the contract for such work shall be taken within 15 days
after final determination of any stay of the proceedings or of any such
appeal, unless the proceedings be abandoned as in this Division 3.
(Source: P.A. 84-551.)
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(65 ILCS 5/9-3-25) (from Ch. 24, par. 9-3-25)
Sec. 9-3-25.
Notice for bids for the construction of the improvement shall
be published in at least one issue of a newspaper published and of general
circulation in such municipality, if there is one, and if there is no such
newspaper then by publishing such notice in some newspaper published in and
of general circulation in the county in which such municipality is located.
Such publication shall be made at least 10 days prior to the date fixed for
the opening of bids for such work, and an additional notice may be
published in trade journals or other newspapers as the governing body may
determine. The notice for bids shall state (1) the general nature and
character of the work to be done; (2) the engineer's estimate of the amount
to be paid the contractor, and that no contract will be awarded in excess
thereof; (3) when and where bids will be opened; (4) that plans, profiles
and specifications for such work and form of contract and bond for
completion and maintenance of work are on file in the office of the clerk
of such municipality for public inspection; and (5) that each bidder must
file with his bid cash or a certified check satisfactory to the governing
body in an amount equal to 10% of the estimated amount to be paid the
contractor, such cash or certified check to be held by the municipality as
damages for failure to execute the contract and bond for performance of
such work. Right shall be reserved to reject any or all bids. Such notice
shall also state the number of installments the assessment has been divided
into and the rate of interest the bonds to be issued in anticipation of the
assessment shall bear. Such notice shall be signed by the municipal clerk.
If bonds are to be issued in anticipation of the collection of the
assessments, the corporate authorities shall, prior to the date set for
receiving the bids, fix the rate of interest the bonds are to bear. Such
interest rate shall be one per cent less than the interest rate the
installments of the assessments are to bear. It shall be stated in the
notice whether payment will be made in bonds or cash.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-26) (from Ch. 24, par. 9-3-26)
Sec. 9-3-26.
The committee on local improvements shall meet at the time and
place specified by the corporate authorities for receipt of bids and
publicly open and declare all bids. Any or all bids may be rejected by such
committee on local improvements. If all bids are rejected, new bids may be
requested as in the first instance. Whenever a bid is rejected, the deposit
required to be made shall be returned to the depositor. Contracts when
awarded shall be awarded to the lowest responsible bidder subject to
ratification and approval by the corporate authorities. Contracts may be
awarded by the committee on local improvements at the meeting at which bids
are received, or any adjournment thereof. The committee on local
improvements shall report in writing to the corporate authorities at the
next regular meeting the action that has been taken relative to bids
received. The corporate authorities shall ratify and approve or reject the
action taken and direct the committee on local improvements to execute the
contract on behalf of the municipality, if an award is made, or in case the
award is rejected, to again direct advertisement for bids. No contract
shall be awarded for the construction of any improvement under this
Division 3 after the expiration of one year from the date of confirmation
of the assessment. The municipality shall dismiss and vacate the
confirmation of any such assessment. No contract shall be awarded in excess
of the estimated amount to be paid the contractor.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-27) (from Ch. 24, par. 9-3-27)
Sec. 9-3-27.
Within 20 days after the contract is awarded, the contractor
shall enter into a contract with such municipality for the construction of
the improvement and shall give bond in the full amount of the contract for
the faithful performance of the contract. The contract and bond shall be
submitted to and approved by the committee on local improvements and filed
in the office of the clerk.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-28) (from Ch. 24, par. 9-3-28)
Sec. 9-3-28.
The contract shall be executed by the contractor and the
presiding officer of the corporate authorities and attested by the clerk of
such municipality under the official seal of the municipality. Such
contractor shall supply a surety bond in the full amount of the contract
for the faithful performance thereof. Failure of the contractor to enter
into such contract and give such bond within the 20 days hereinabove
provided for shall constitute a default and the certified check deposited
with his bid shall be deemed forfeited, and the municipality shall again
re-advertise for bids. Any contractor who enters into a contract for the
construction of the improvement and who fails to complete the same within
the time mentioned in the contract, or within such further time as the
corporate authorities grant shall be in default and a contract may then be
relet for the unfinished portions of such work, in the same manner as
provided for advertising for bids in the first instance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-29) (from Ch. 24, par. 9-3-29)
Sec. 9-3-29.
Immediately upon awarding the contract for the construction of
the improvement, the clerk of any such municipality shall file a
certificate in the court in which the judgment of confirmation was entered
certifying to the fact that the contract has been awarded. The clerk of the
court in which such judgment is rendered shall certify the assessment roll
and judgment to the officers of such municipality authorized to collect
such special assessment, or if there has been an appeal taken then such
clerk of court shall certify such part of the judgments as is not included
in such appeal. Such certificate shall be filed by the officer receiving
the same in his office. With such assessment roll and judgment, the clerk
of the court shall also issue a warrant for the collection of such
assessment. The court may recall such warrants as to all or any part of the
property affected at any time before payment of the assessment or sale of
the property for payment thereof in case the proceedings be abandoned by
the petitioner, or the judgment be vacated or modified, as herein provided,
but not otherwise. Should an appeal be taken on any part of such judgments
and the corporate authorities elect to proceed with the improvement
notwithstanding such an appeal, as provided in this Division 3, the clerk
shall certify such portions of such judgments appealed from time to time,
in the manner above mentioned, as the final judgment is rendered thereon,
and the warrant accompanying such certificate in each case shall be
authority for the collection of so much of the assessment as shall be
included in the portion of the roll thereto attached. The warrant in all
cases of assessment under this Division 3 shall contain a copy of such
certificate of the judgment describing the lots, tracts and parcels of real
estate assessed so far as they shall be contained in the portion of the
roll so certified and the respective amount assessed on each lot, tract or
parcel of real estate, and delivered to the officer authorized to collect
such special assessment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-30) (from Ch. 24, par. 9-3-30)
Sec. 9-3-30.
Upon receipt of the warrant for the collection of the
assessment it shall be the duty of the collector to immediately give notice
thereof by publishing notice at least once in a daily or weekly newspaper
published and of general circulation in such municipality, if there is one.
If there is no such newspaper, then notice shall be given by posting the
same in 4 places within the area being improved. The published or posted
notice shall indicate that the judgment of confirmation has been entered by
the court and shall describe the improvement for which the assessment has
been levied, that the collector has received the warrant for the collection
of the assessment, that any property owner whose property has been assessed
may pay the assessment in full without interest if it is paid within 20
days from the date of the award. The notice shall also state the number of
installments the assessment has been divided into and the rate of interest
each installment bears, and also shall indicate where payment may be made.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-31) (from Ch. 24, par. 9-3-31)
Sec. 9-3-31.
The construction of such improvement in accordance with the
provisions of the contract shall be under the supervision of the committee
on local improvements, and from time to time, as the work under any
contract for the improvement progresses, certificates may be issued by the
committee on local improvements to the contractor for work completed and
payments may be made to the contractor in amounts not to exceed 85% of the
work constructed and completed by vouchers payable either in cash or bonds
that may be issued, as in this Division 3 provided, upon completion of the
work. All such vouchers shall be signed by the presiding officer of the
municipality, attested by the clerk and registered, numbered and
countersigned by the treasurer. The treasurer shall keep an accurate
register of all such vouchers issued.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-32) (from Ch. 24, par. 9-3-32)
Sec. 9-3-32.
Within 30 days after the completion of the work, the committee
on local improvements shall certify the fact that the work has been
completed and accepted by the corporate authorities of such municipality,
setting forth the total amount due the contractor for the construction of
the work, the amount of the vouchers payable either in cash or bonds that
have been delivered to the contractor from time to time as the work
progressed, and the amount still due the contractor. The corporate
authorities upon receipt of the certificate shall set a date for
consideration and hearing upon the question of whether or not the work has
been completed in substantial compliance with the plans, specifications and
contract for the construction thereof, and shall direct the clerk to give
notice of the date set for the hearing. Such notice shall be published at
least once each week for 2 successive weeks in a daily or weekly newspaper
published and of general circulation in such municipality, if there is such
a newspaper. If there is no such newspaper, then notice shall be given by
posting in not less than 4 public places in such municipality, and in at
least 4 places within the boundaries of the area designated by the
committee on local improvements as probably benefited by the improvement.
The first publication or the first posting of such notice shall be at least
15 days prior to the date fixed for such hearing. Any person interested
may, prior to the date fixed for such hearing, file written objections to
the acceptance of such work, stating specifically the reasons therefor, and
shall have the right to be heard at the time and place fixed by the
governing body to hear and consider the same. At the time and place fixed,
the corporate authorities shall hear any and all objections that have been
filed in writing to the acceptance of the completed work and the corporate
authorities shall have authority to continue the hearing from time to time,
but for a period of not more than 30 days from the date set for such
hearing, to consider written objections filed to the acceptance of the work
and to give all persons an opportunity to be heard thereon. At such hearing
the certificate of the committee on local improvements shall be prima facie
evidence that the matter and things stated therein are true, but if any
parts thereof are controverted by written objections duly filed, the
corporate authorities shall hear and determine the same in a summary manner
and shall enter an order according to the facts. Such order shall be
conclusive upon all parties and no party shall be allowed to review or
reverse the order of the corporate authorities. If upon such hearing the
corporate authorities shall find the allegations of the certificate to be
incorrect, it shall enter an order accordingly and it shall then be the
duty of the committee on local improvements to procure the completion of
such improvement in substantial compliance with the ordinance and the plans
and specifications therefor. The committee on local improvements shall from
time to time file additional or supplemental applications to the corporate
authorities for final acceptance of the work until the corporate
authorities shall eventually be satisfied that the allegations in such
certificates are true and that the improvement has been constructed in
substantial compliance with the plans, specification and ordinance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-33) (from Ch. 24, par. 9-3-33)
Sec. 9-3-33.
If upon final settlement with the contractor for the
construction of any improvement and after paying all costs of levying,
collecting and making the assessment, which amount shall not under any
circumstances exceed 12% of the estimated contract price, and all bonds and
interest thereon issued, as in this Division 3 provided, except those bonds
and interest coupons not presented for payment, although called and for
which funds are available and reserved, within the period of time specified
in Section 9-1-5, there shall be any surpluses remaining in the special
assessment fund, the corporate authorities of such municipality shall at
once cause a rebate to be declared upon each lot, tract or parcel of real
estate assessed of its pro rata proportion of such surplus. Such rebate
shall be paid to the owner of record of each such lot, block, tract or
parcel at the time of the declaration of the rebate. Should any additional
funds be collected after the original rebate is declared, the municipality
shall not be required to declare a supplemental rebate for 5 years from the
date the original rebate is declared. The municipality may deduct for its
costs and expenses for declaring and making any rebate not more than 5% of
the amount declared to be rebated. All surpluses shall remain in the
special assessment fund until after full payment of all bonds and vouchers
issued in anticipation of the collection of the assessment, and there shall
be no rebate until all such bonds and vouchers have been paid in full, both
as to principal and interest, except those bonds and interest
coupons not
presented for payment, although called and for which funds are available
and reserved, within the period of time specified in Section 9-1-5. The
corporate authorities shall cause to be kept and exhibited publicly in the
office of the clerk of such municipality, an index of all special
assessment accounts or warrants upon which a rebate is due and payable and
upon proper proofs the same shall be repaid to the persons entitled
thereto.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/9-3-34) (from Ch. 24, par. 9-3-34)
Sec. 9-3-34.
No litigation, suit or proceeding of any kind or character
shall be instituted touching the sufficiency of the plans, specifications,
estimate of the cost, or ordinance authorizing the improvement, unless such
litigation, suit or proceeding is instituted within 15 days after the
adoption of the ordinance by the corporate authorities of such municipality
authorizing and directing the improvement to be made. No litigation, suit
or proceeding of any kind or character shall be instituted to collaterally
attack the final acceptance of the work by the corporate authorities unless
such litigation, suit or proceeding is instituted within 15 days after the
final acceptance of the work by the corporate authorities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-35) (from Ch. 24, par. 9-3-35)
Sec. 9-3-35.
At any time after 15 days from date of acceptance of the
work by the corporate authorities bonds may be issued to anticipate the
collection of the unpaid portions of the assessment then remaining
unpaid for the purpose of paying the cost of the improvement, including
cost of making and collecting the assessment, engineering, inspection,
attorney's fees and other costs. The bonds may be sold by the corporate
authorities for not less than par and accrued interest to date of
delivery, or such bonds may be issued and delivered to the contractor in
payment of the work at not less than par. The bonds shall be authorized
pursuant to a resolution adopted by the corporate authorities and shall
bear a date not earlier than 20 days after the date of the awarding of
the contract for the construction of the improvement and coupons shall
be attached thereto representing interest due thereon as it matures,
interest to be paid annually. The bonds shall be executed by the
presiding officer of the municipality and attested by the clerk of such
municipality, with the corporate seal attached thereto. The bonds shall
recite specifically that they are payable solely and only from the
assessment levied for the payment of the cost of the improvement,
designating the improvement for which the assessment has been levied,
and shall mature on or before the first day of December next succeeding
the first day of January on which the last installment shall mature, and
shall bear interest at a rate of one per cent less than the installments
of the assessment against which they are issued bears. Interest coupons
attached to the bond shall bear the official or facsimile signatures of
the presiding officer and clerk. The bonds shall be made payable at such
place or places either within or without the State of Illinois, as shall
be declared by resolution of the corporate authorities. The bonds shall
be numbered consecutively beginning with number one upwards and shall be
payable in their numerical order, and redeemable prior to maturity in
numerical order as hereinafter provided. Such bonds shall be registered
by the treasurer of such municipality in a book provided for that
purpose and each bond shall bear the certificate of such registration
and upon the books of such treasurer shall be noted the name of the
holder thereof and his address. Any subsequent holder may cause the same
to be registered in the name of such subsequent holder upon submission
of proper proof of ownership. Such municipality shall have the right to
call and pay the bonds, or any number thereof, in the manner set out in
Section 9-3-36.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-36) (from Ch. 24, par. 9-3-36)
Sec. 9-3-36.
Whenever there are sufficient funds in the hands of the
treasurer after the payment of all interest due and to become due within 6
months, the treasurer shall on the first day of October of any year, or at
any other time there are sufficient funds for that purpose on hand during
the year, give notice by registered mail, addressed to the last registered
holder of the bonds called at the address appearing upon his registry, that
there are funds sufficient to pay the designated bonds and interest thereon
to date 30 days hence from the date of such notice and directing
presentation of such bonds for payment and cancellation, and the bonds
shall cease to bear interest after the expiration of the 30 days and upon
payment and cancellation of the bonds proper entry thereof shall be made
upon the books of the treasurer. The treasurer, upon accumulation of
sufficient funds, as herein provided, shall pay one or more bonds and shall
call and pay such bonds, and any bondholder or holder of any interest
coupon appertaining to any bond shall be entitled to summary relief by
mandamus or injunction to enforce the provisions hereof. In addition to
giving notice by registered mail to the last registered holder of such
bonds, the treasurer shall cause to be published in a newspaper published
and of general circulation in such municipality, if there is such a
newspaper. If there is no such newspaper, the notice shall be given by
posting in at least 3 places within the area designated as probably
benefited by the improvement. Such notice shall be a notice of call and
redemption addressed to all unknown bondholders specifying the number of
the bonds called and designating the assessment against which the bonds
have been issued, and indicating that interest will cease on the bonds 30
days from and after the date of publication of such notice, and thereafter
the bonds shall cease to bear interest. Provisions as to redemption and
call of the bonds shall be inserted in each of the bonds issued in
accordance with the provisions of this Division 3.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-37) (from Ch. 24, par. 9-3-37)
Sec. 9-3-37.
Any deduction in assessments made pursuant to the order of the
court may be added to and become part of the municipality's portion of the
cost of the improvement. The corporate authorities by the adoption of the
resolution may direct the attorney member of the committee on local
improvements to file a motion to authorize the court to add the deduction
to the municipality's portion of the assessment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-38) (from Ch. 24, par. 9-3-38)
Sec. 9-3-38.
No collateral attack or litigation shall be instituted which
in any way questions the enforceability of the validity of the bonds issued
under the provisions of this Division 3 unless such litigation is
instituted within 15 days after the issue and delivery of the bonds to the
contractor on payment of work, or within 15 days after the issue and
delivery thereof to a purchaser, as in this Division 3 provided.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-39) (from Ch. 24, par. 9-3-39)
Sec. 9-3-39.
The assessment authorized by this Division 3 shall constitute
valid and binding liens upon the respective tracts of property against
which they are assessed from the date of the confirmation of the assessment
until paid, prior to all other claims and liens, and shall be coequal with
the lien for general taxes, and shall not be questioned in any action
or proceeding except on proof of failure to give notice of the hearing on
the question of benefits, unless such suit shall be instituted within 10
days after the confirmation of the assessment roll by the court.
(Source: P.A. 83-345.)
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(65 ILCS 5/9-3-40) (from Ch. 24, par. 9-3-40)
Sec. 9-3-40.
Liens shall be enforced and collected independently of any
other provision of the statutes contrary thereto notwithstanding.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-41) (from Ch. 24, par. 9-3-41)
Sec. 9-3-41.
Whenever any assessment has been levied against any real
estate, the assessment or installments thereof shall become delinquent the
first day of July next after the due date thereof and bear interest after
delinquency at the rate as in this Division 3 provided until paid, or until
such real estate is sold for the payment thereof, as in this Division 3
provided. The assessment after delinquency shall continue to be collected
by the authorized collector of any such municipality. Such municipality
shall institute proceedings to foreclose and sell property for the payment
of any assessment, or installment thereof, remaining delinquent 6 months
after delinquency date. Any holder of any bond or of any interest coupon is
entitled to summary relief by mandamus or injunction to enforce the
provisions hereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-42) (from Ch. 24, par. 9-3-42)
Sec. 9-3-42.
The corporate authorities by resolution shall direct some
officer of such municipality to file a petition in the name of such
municipality in any court of competent jurisdiction to foreclose the lien
as to the past due assessment, or installment thereof, and cause the real
estate against which such assessment, or installment thereof, is levied to
be sold to pay the same. As many lots, tracts and parcels of land as may be
desired may be joined in one suit so long as the lots, tracts and parcels
of land are delinquent for the same assessment or installment thereof
constituting liens against the real estate created under this Division 3.
Upon filing of the petition, notice shall be given by the clerk of the
court addressed "To All Owners, Parties Concerned and Persons Interested"
in the described tracts of real estate, setting forth a description of the
several tracts of real estate sought to be sold, the pendency of the
proceedings, the docket number of the cause, and stating the term of court
at which the petition will be heard. The notice shall be published by the
clerk of the court in a newspaper published and of general circulation in
the municipality where such real estate is situated if there is such a
newspaper. Otherwise, such notice shall be published in a newspaper
published and of general circulation in the county. Such notice shall be
published at least 30 days prior to the date set for the hearing in the
cause. The petition and notice shall give the court full jurisdiction of
all the parties interested as owner, occupant, lien claimant or otherwise,
in the several tracts of real estate described in the petition and notice.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-43) (from Ch. 24, par. 9-3-43)
Sec. 9-3-43.
The cause shall be heard as suits to foreclose mortgages on
real estate. The court shall ascertain and determine the amount of the
liens created under this Division 3 due as of the date of the entry of its
orders from each of the several tracts of real estate, specifying
separately the amount due on account of each tract. Judgment shall be
entered against the respective tracts for the amount of such assessment of
installments thereof, including interest, penalties and cost of suit. The
cost shall be apportioned to the respective tracts as the court determines
proper. In such judgment the court shall also order the respective tracts
of real estate sold by the general county officer having authority to
receive state and county taxes, unless the amount of the judgment
determined against the same shall be paid by a short date to be fixed by
the court. Appeals may be prosecuted as in other civil cases.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-44) (from Ch. 24, par. 9-3-44)
Sec. 9-3-44.
Upon expiration of the time for payment as fixed by the order
of the court, the general county officer having authority to receive state
and county taxes shall advertise the sale of the several tracts of real
estate on which the amount adjudged against the same by the order has not
been paid. The advertisement shall be made in some newspaper published and
of general circulation in the county at least 10 days prior to the date of
sale. At such sale each lot, tract or parcel of land shall be sold
separately, free and clear of all liens and encumbrances, except for
general taxes and unpaid special assessments not included in the judgment,
the lien for which shall remain unimpaired, to the highest bidder for cash.
The sale shall not be complete until the purchase price is paid. No tract
shall be sold for less than the costs of sale, costs adjudged by the court,
and amount of all past due installments of special assessments created by
this Division 3 as determined by the court. The person so selling shall
make, execute and deliver to the purchaser a certificate of sale which
shall describe the real estate sold, recite the date of sale, the name and
address of the purchaser, the amount bid and that the purchaser is entitled
to a deed conveying fee simple title to the premises upon expiration of the
period of redemption and upon compliance by the purchaser or his assignee
with the provisions of this Division 3. The proceeds received from such
sale shall be disbursed in the following order: first, all costs and
expenses of sale and suit shall be fully paid; second, the amount necessary
to satisfy the special assessments shall be transferred to the proper
officer; third, the residue, if any, shall be delivered to the court to be
turned over to the owner, mortgagee or such other person as shall establish
right thereto. A report of sales shall be made promptly to the court
together with a copy of each certificate of sale issued.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-45) (from Ch. 24, par. 9-3-45)
Sec. 9-3-45.
Any owner or person interested in any real estate sold under
the provisions of this Division 3 has the right to redeem from such sale at
any time within 2 years from date of sale upon payment of the amount bid
and paid by the purchaser as set out in the certificate of sale, plus all
taxes and assessments thereafter paid by the purchaser, together with
interest on all such sums at the rate of the greater of 9% per annum or
70% of the prime commercial rate in effect on the date the special assessment
ordinance is adopted. Interest shall run from date of sale
(and from date of payment of taxes and assessments in case of such
payments) to date of payment to the clerk of the court. An entry of all
such redemptions shall be made on the court docket. The clerk shall
immediately notify the purchasers of such redemption and that he may obtain
his money upon surrender of certificate of purchase.
(Source: P.A. 82-686.)
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(65 ILCS 5/9-3-46) (from Ch. 24, par. 9-3-46)
Sec. 9-3-46.
Subsequent to the issuance of the certificate of sale and 30
days prior to the expiration of the period of redemption the purchaser or
his assignee shall cause written notice of the date of the expiration of
the period of redemption to be served on the occupant of the premises
described in the certificate, if the premises are occupied and proof of
such notice shall be made to the court. The purchaser or his assignee shall
also cause notice to be published in at least one issue of some newspaper
published and of general circulation in the municipality where the real
estate is situated, if there is such newspaper. Otherwise such publication
shall be made in some newspaper published and of general circulation in the
county, addressed to "All Owners, Parties Concerned and Persons
Interested", setting forth a description of the real estate sold and not
then redeemed, the date of sale, the date of the expiration of the period
of redemption, when and where application will be made for deed to be
issued pursuant to the provisions of this Division 3, and the docket number
of the foreclosure proceedings. Such notice shall be published subsequent
to the issuance of the certificate of sale and at least 30 days prior to
the date of the expiration of the period of redemption.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-47) (from Ch. 24, par. 9-3-47)
Sec. 9-3-47.
The purchaser or his assignee shall pay all taxes and
assessments on real estate sold under the provisions of this Division 3.
Notation of such payments shall be made on the docket of the court, and the
same shall be repaid if the real estate is redeemed, together with interest
at the rate of the greater of 9% per annum or 70% of the prime commercial
rate in effect on the date the special assessment ordinance is adopted.
(Source: P.A. 82-686.)
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(65 ILCS 5/9-3-48) (from Ch. 24, par. 9-3-48)
Sec. 9-3-48.
A deed conveying the fee simple title to the premises, free
and clear of all liens and encumbrances, except unpaid general taxes and
special assessments, or installments thereof, shall be issued to the
purchaser at any time after the expiration of the period of redemption upon
proof of payment of all taxes and assessments becoming due subsequent to
date of sale, proof of notice to occupant of date of expiration of period
of redemption, proof of publication of notice to all parties concerned of
the date of expiration of the period of redemption and when and where
application will be made for deed. If the court determines that the
provisions of this Division 3 are complied with, the court shall direct the
general county officer authorized to collect state and county taxes to
execute and deliver to the applicant a deed conveying fee simple title to
the several tracts of real estate, free and clear of all incumbrances, and
liens, except the lien for unpaid general taxes and special assessments, or
installments thereof, the lien as to which shall continue unimpaired. Such
deed shall refer to the judgment of the court and this Division 3 as the
authority by which it is issued. Such deeds shall be recorded as other
deeds conveying real estate. After 30 days from the date of filing the deed
issued under the provisions of this Division 3 in the recorder's office for
recordation, no action shall be instituted to defeat or impair such
conveyance.
(Source: P.A. 84-452; 84-545.)
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(65 ILCS 5/9-3-49) (from Ch. 24, par. 9-3-49)
Sec. 9-3-49.
Any municipality levying assessments as provided in this
Division 3 may provide by ordinance for the levy, in addition to the taxes
now authorized by law, and in addition to the amount authorized to be
levied for general corporate purposes, a tax not exceeding .05% of all
taxable property in such municipality to be known as a public benefit tax
for the purpose of paying public benefits levied in accordance with the
provisions of this Division 3. The fund arising therefrom shall be known as
a public benefit fund, which fund shall be kept separate and apart from all
other funds and shall be used solely for the purpose of paying that portion
of the several amounts assessed against any such municipality for public
benefit. However, such municipality shall not extend a tax for the payment
of such public benefit in excess of the amount required annually to pay the
principal and interest of the installments of such public benefit as it
matures.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/9-3-50) (from Ch. 24, par. 9-3-50)
Sec. 9-3-50.
The funds of each assessment created under this Division 3
shall be kept by the treasurer of such municipality in a separate bank
account.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 9 Div. 4 heading) DIVISION 4.
IMPROVEMENTS AFFECTING
PROPERTY NOT WITHIN MUNICIPALITY
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(65 ILCS 5/9-4-1) (from Ch. 24, par. 9-4-1)
Sec. 9-4-1.
Property not within the corporate limits but contiguous to any
local improvement made by a municipality pursuant to the provisions of this
Article may be charged by the corporate authorities of the municipality in
an amount not greater than the benefit conferred by the local improvement
on such property. This Division 4 shall apply only to municipalities of
less than 500,000 inhabitants and shall not be exercised with respect to
any contiguous property where such property is included within the
corporate limits of another municipality.
(Source: Laws 1965, p. 668.)
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(65 ILCS 5/9-4-2) (from Ch. 24, par. 9-4-2)
Sec. 9-4-2.
The corporate authorities of a municipality who intend to
charge benefits conferred by local improvements on property not within the
corporate limits of such municipality against such property, as provided in
this Division 4, shall commence a proceeding by filing a petition in the
circuit court of the county in which the municipality making such local
improvement is situated, or if such municipality is situated in more than
one county and such proposed improvement lies in more than one county, then
in the circuit court of the county in which the major part of the territory
to be affected thereby is situated. Such petition shall contain (i) a
statement that the board of local improvements or the committee on local
improvements of such municipality is considering the making of a local
improvement to be paid for by special assessment or by special tax and that
the local improvement will benefit property not within the corporate limits
of such municipality but contiguous to such local improvement; (ii)
description of the extent, nature, kind, character and (when an estimate of
the cost thereof is required under the provisions of Division 2 of this
Article) the estimated cost of the proposed local improvement; (iii) a
description of the lots, blocks, tracts, or parcels of property not within
such municipality which the corporate authorities determine may be charged
under this Division 4 with any part of the cost for making such local
improvement, together with the name and address of the person or persons to
whom the tax bill was sent for general taxes on each such lot, block, tract
or parcel for the last preceding year; and (iv) a statement of the time and
place of the public hearing, if any, to be held on such local improvement
by the board of local improvements or the committee on local improvements.
Upon the filing of such petition, the clerk of the circuit court shall
issue a summons as in civil cases to the person or persons to whom such tax
bills were sent as set forth in such petition. The board of local
improvements or the committee on local improvements shall give to each
person to whom such summons is issued notice of the time and place of the
public hearing on such local improvement in the same manner as such notice
is given to persons with respect to property within such municipality, all
in accordance with the applicable provisions of Division 2 or Division 3 of
this Article. Any person to whom such summons is issued shall have the
right to appear and be heard at such public hearing in accordance with the
provisions of Division 2 or Division 3 of this Article, and the circuit
court shall upon application of such municipality, enter an order staying
further proceedings on such petition filed pursuant to this Division 4
pending the filing of and hearing on the petition contemplated by Division
2 or Division 3 of this Article, and shall consolidate for hearing by the
court such petition filed under Division 2 or Division 3 of this Article
with such petition filed under Division 4 of this Article. The procedure
and issues on the hearing on a petition filed under Division 4 of this
Article shall be the same, as near as may be, as the procedure and issues
set forth in Division 2 or Division 3 of this Article, and at such hearing,
the circuit court shall hear and determine all objections as to the amount
set as a benefit to such property.
(Source: P.A. 76-1549.)
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(65 ILCS 5/9-4-3) (from Ch. 24, par. 9-4-3)
Sec. 9-4-3.
The amount set by order of the circuit court shall be a lien
against such property enforceable in the same manner as a lien created
under Division 2 or Division 3 of this Article.
(Source: P.A. 76-1549.)
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(65 ILCS 5/Art. 9 Div. 5 heading) DIVISION 5.
FINANCING OF CERTAIN IMPROVEMENTS
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(65 ILCS 5/9-5-1) (from Ch. 24, par. 9-5-1)
Sec. 9-5-1.
Whenever a municipal ordinance or an annexation agreement
authorized under Section 11-15.1-1 of this Code
requires the installation of water mains, sanitary sewers, drains, or other
facilities for sewers and drains, the construction of any roadways, or
the installation of any traffic signals or other traffic related
improvements as a condition of either the acceptance
of a preliminary or final subdivision or
plat described in Section 11-12-12 or a preliminary or final planned
unit development plan or the issuance of a building permit and where,
in the opinion of the corporate authorities, the facilities,
roadways, or improvements may be used for the benefit of property not
in the subdivision or planned unit development or outside the property
for which a building permit has been issued, and the water
mains, sanitary sewers, drains, or other facilities,
roadways, or improvements are to be dedicated to the public, the
corporate authorities may by contract with the subdivider or permittee
agree to reimburse and may reimburse the subdivider or permittee for a
portion of the cost of the facilities, roadways, and
improvements from fees charged to owners of property not within the
subdivision, planned unit development, or property for which a
building permit has been issued when and as collected from the owners.
The contract shall describe the property
outside the subdivision, planned unit development, or property
for which a building permit has been issued that may reasonably
be expected to benefit from the facilities, roadways, or improvements
that are required to be constructed under the contract and
shall specify the amount or proportion of the cost of the
facilities, roadways, or improvements that is to be
incurred primarily for the benefit of that property. The
contract shall provide that the municipality shall collect fees
charged to owners of property not within the subdivision,
planned unit development, or property for which a building permit has been
issued at any time before the connection to and use of the facilities,
roadways, or improvements by the respective
properties of each owner. The contract
may contain other and further provisions and agreements concerning the
construction, installation, completion, and acceptance of the facilities,
roadways, or improvements that the corporate authorities in their sole opinion
deem proper and may also provide for the payment to the subdivider or
permittee of a reasonable amount of interest on the amount expended by the
subdivider or permittee in completing the facilities, roadways, and
improvements, the interest to be calculated from and after the date of
completion and acceptance of the facilities, roadways, and improvements.
(Source: P.A. 87-539.)
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(65 ILCS 5/9-5-2) (from Ch. 24, par. 9-5-2)
Sec. 9-5-2.
Any contract entered into between the corporate authorities of a
municipality and a subdivider pursuant to Section 9-5-1 shall be filed with
the recorder of each county in which all or a
part of the property
affected thereby is located. The recording of the contract in this manner
shall serve to notify persons interested in such property of the fact that
there will be a charge in relation to such property for the connection to
and use of the facilities constructed under the contract.
(Source: P.A. 83-358.)
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(65 ILCS 5/9-5-3) (from Ch. 24, par. 9-5-3)
Sec. 9-5-3.
This Division 5 does not apply to any municipality which is a home rule
unit. This Division 5 is not a prohibition upon the contractual and
associational powers granted by Article VII, Section 10 of the Illinois
Constitution.
(Source: P.A. 77-2463.)
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(65 ILCS 5/Art. 10 heading) ARTICLE 10
EMPLOYEES AND EMPLOYMENT
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(65 ILCS 5/Art. 10 Div. 1 heading) DIVISION 1.
CIVIL SERVICE IN CITIES
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(65 ILCS 5/10-1-1) (from Ch. 24, par. 10-1-1)
Sec. 10-1-1.
The mayor of each municipality which adopts this Division 1 as
hereinafter provided shall, not less than 40 nor more than 90 days after
the taking effect of this Division 1 in such municipality, appoint 3
persons, who shall constitute and be known as the civil service
commissioners of such municipality, one for 3 years, one for 2 years and
one for one year from the time of appointment and until their respective
successors are appointed and qualified. In every year thereafter the mayor
shall, in like manner, appoint one person as the successor of the
commissioner whose term shall expire in that year to serve as such
commissioner for 3 years and until his successor is appointed and
qualified. Two commissioners shall constitute a quorum. All appointments to
the commission, both original and to fill vacancies, shall be so made that
not more than 2 members shall, at the time of appointment, be members of
the same political party. The commissioners shall hold no other lucrative
office or employment under the United States, the State of Illinois, or any
municipal corporation or political division thereof. No person shall be
appointed a commissioner who has been convicted of a felony under the laws
of this State or comparable laws of any other state or the United States.
Each commissioner, before entering upon the duties of his office, shall
take the oath prescribed by the constitution of this state.
However, in any municipality having the commission form of municipal
government, the appointment of civil service commissioners shall be made by
the corporate authorities, and the corporate authorities may, by ordinance,
provide that 5 commissioners shall be so appointed, one for one year, 2 for
2 years and 2 for 3 years. The corporate authorities shall appoint, in a
like manner, the successors of the commissioners whose terms expire in that
year to serve as commissioners for 3 years and until their successors are
appointed and qualified. Three members shall constitute a quorum, and no
more than 3 of the commissioners shall be of the same political party. If
such municipality has adopted this Division 1 prior to the effective date
of this amendatory Act of 1965, and subsequently provides, by ordinance,
for 5 commissioners, 2 additional commissioners shall be so appointed, one
for 2 years and one for 3 years, and successors shall be appointed in a
like manner as commissions established after such effective date.
(Source: P.A. 87-423.)
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(65 ILCS 5/10-1-2) (from Ch. 24, par. 10-1-2)
Sec. 10-1-2.
The mayor may, in his discretion, remove any commissioner for
incompetence, neglect of duty or malfeasance in office. The mayor shall
within 10 days report in writing any such removal to the corporate
authorities, with the reasons therefor. Any vacancy in the office of
commissioner shall be filled by appointment by the mayor or, if the
municipality is under the commission form of municipal government, then by
the corporate authorities.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-3) (from Ch. 24, par. 10-1-3)
Sec. 10-1-3.
The commissioners shall classify all the offices and places of
employment in such municipality with reference to the examinations
hereinafter provided for, except those offices and places excluded by
Section 10-1-17. The offices and places so classified by the commission
shall constitute the classified civil service of such municipality. No
appointments to any of such offices or places shall be made except under
and according to the rules hereinafter mentioned.
The commissioners shall also classify all positions of employment in
respect to employees whose employment is transferred to the municipality by
virtue of "An Act in relation to the exchange of certain functions,
property and personnel among cities, and park districts having coextensive
geographic areas and populations in excess of 500,000," approved July 5,
1957, as heretofore and hereafter amended, and such positions of
employment shall be included in the classified civil service of the
municipality.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-4) (from Ch. 24, par. 10-1-4)
Sec. 10-1-4.
Persons transferred from the employment of a park district by
virtue of "An Act in relation to the exchange of certain functions,
property and personnel among cities, and park districts having coextensive
geographic areas and populations in excess of 500,000," approved July 5,
1957, as heretofore and hereafter amended, shall, without examination, be
assigned to positions in the classified civil service of the municipality,
so far as may be practicable, having duties and responsibilities equivalent
to their park district employment. For the purpose of establishing the
civil service status of park policemen transferred to the municipality, any
rank above the rank of captain shall not be recognized.
As provided in said Act of 1957, the eligible registers and reemployment
registers of the park district civil service board as to positions and
persons so transferred shall remain in force and effect as eligible and
reemployment registers of the civil service commission, subject to the
authority of the commission, in its discretion, to cancel such eligible
registers, or portions thereof, as have been in force more than 2 years.
Employees so transferred shall have the same standing, grade, class or
rank which they held in the classified service of the park district from
which they were transferred. For the purpose of determining seniority in
class, grade or rank, each employee shall be credited with the time served
by him in the employment held by him on the date of such transfer.
If this Division 1 exempts from its provisions any position held by an
employee transferred under said Act of 1957, to the municipality, the
employee so transferred shall be given a position in the classified civil
service as nearly comparable in responsibilities and duties to his former
employment as it may be possible to approximate.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-5) (from Ch. 24, par. 10-1-5)
Sec. 10-1-5.
The commission shall make rules to carry out the purposes of
this Division 1, and for examinations, appointments and removals in
accordance with its provisions, and the commission may, from time to time,
make changes in the original rules.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-6) (from Ch. 24, par. 10-1-6)
Sec. 10-1-6.
All rules made as hereinabove provided and all changes therein shall
forthwith be printed for distribution by the commission. The commission
shall give notice of the places where the rules may be obtained by
publication in one or more newspapers published in such municipality and if
no newspaper is published in such municipality, then in a newspaper of
general circulation in such municipality. In each such publication shall be
specified the date, not less than 10 days subsequent to the date of such
publication, when the rules shall go into operation.
(Source: P.A. 77-867.)
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(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified service, except
those mentioned in Section 10-1-17, are subject to examination. The
examination shall be public, competitive, and open to all citizens of the
United States, with specified limitations as to residence, age, health, habits,
and moral character. An individual who is not a citizen but is legally authorized to work
in the United States under federal law or is an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process is authorized to apply for the position of police officer, subject to (i) all requirements and limitations, other than citizenship, to which other applicants are subject and (ii) the individual being authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm.
(b) Residency requirements in effect at the time an individual enters the
fire or police service of a municipality (other than a municipality that
has more than 1,000,000 inhabitants) cannot be made more restrictive
for that individual during his or her period of service for that municipality,
or be made a condition of promotion, except for the rank or position of Fire or
Police Chief.
(c) No person with a record of misdemeanor convictions except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and
(8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or arrested for any cause but
not convicted on that cause shall be disqualified from taking the examination
on grounds of habits or moral character, unless the person is attempting to
qualify for a position on the police department, in which case the conviction
or arrest may be considered as a factor in determining the person's habits or
moral character.
(d) Persons entitled to military preference under Section 10-1-16
shall not be subject to limitations specifying age unless they are
applicants for a position as a fireman or a policeman having no previous
employment status as a fireman or policeman in the regularly constituted
fire or police department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has served as an
auxiliary police officer under Section 3.1-30-20 for at least 5 years and is
under 40 years of age.
(e) All employees of a municipality of less than 500,000 population (except
those who would be excluded from the classified service as provided in this
Division 1) who are holding that employment as of the date a municipality
adopts this Division 1, or as of July 17, 1959, whichever date is the later,
and who have held that employment for at least 2 years immediately before that
later date, and all firemen and policemen regardless of length of service who
were either appointed to their respective positions by the board of fire and
police commissioners under the provisions of Division 2 of this Article or who
are serving in a position (except as a temporary employee) in the fire or
police department in the municipality on the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the municipality
without examination.
(f) The examinations shall be practical in their character, and shall
relate to those matters that will fairly test the relative capacity of the
persons examined to discharge the duties of the positions to which they
seek to be appointed. The examinations shall include tests of physical
qualifications, health, and (when appropriate) manual skill. If an applicant
is unable to pass the physical examination solely as the result of an injury
received by the applicant as the result of the performance of an act of duty
while working as a temporary employee in the position for which he or she is
being examined, however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination. No questions in
any examination shall relate to political or religious opinions or
affiliations. Results of examinations and the eligible registers prepared from
the results shall be published by the commission within 60 days after any
examinations are held.
(g) The commission shall control all examinations, and may, whenever an
examination is to take place, designate a suitable number of persons,
either in or not in the official service of the municipality, to be
examiners. The examiners shall conduct the examinations as directed by the
commission and shall make a return or report of the examinations to the
commission. If the appointed examiners are in the official service of the
municipality, the examiners shall not receive extra compensation for conducting
the examinations unless the examiners are subject to a collective bargaining agreement with the municipality. The commission may at any time substitute any other person,
whether or not in the service of the municipality, in the place of any one
selected as an examiner. The commission members may themselves at any time act
as examiners without appointing examiners. The examiners at any examination
shall not all be members of the same political party.
(h) In municipalities of 500,000 or more population, no person who has
attained his or her 35th birthday shall be eligible to take an examination for
a position as a fireman or a policeman unless the person has had previous
employment status as a policeman or fireman in the regularly constituted police
or fire department of the municipality, except as provided in this Section.
(i) In municipalities of more than 5,000 but not more than 200,000
inhabitants, no person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or a policeman
unless the person has had previous employment status as a policeman or fireman
in the regularly constituted police or fire department of the municipality,
except as provided in this Section.
(j) In all municipalities, applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at an accredited
college or university may be considered for appointment to active duty with
the police department. An applicant described in this subsection (j) who is
appointed to active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she reaches 21 years of
age.
(k) In municipalities of more than 500,000 population, applications for
examination for and appointment to positions as firefighters or police
shall be made available at various branches of the public library of the
municipality.
(l) No municipality having a population less than 1,000,000 shall require
that any fireman appointed to the lowest rank serve a probationary employment
period of longer than one year. The limitation on periods of probationary
employment provided in Public Act 86-990 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6 of Article VII
of the Illinois Constitution, a home rule municipality having a population less
than 1,000,000 must comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule powers.
Notwithstanding anything to the contrary in this Section, the probationary
employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
(m) To the extent that this Section or any other Section in this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then Section 10-1-7.1 or 10-1-7.2 shall control.(Source: P.A. 102-813, eff. 5-13-22; 103-357, eff. 1-1-24.)
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(65 ILCS 5/10-1-7.1) Sec. 10-1-7.1. Original appointments; full-time fire department. (a) Applicability. Unless a commission elects to follow the provisions of Section 10-1-7.2, this Section shall apply to all original appointments to an affected full-time fire department. Existing registers of eligibles shall continue to be valid until their expiration dates, or up to a maximum of 2 years after August 4, 2011 (the effective date of Public Act 97-251). Notwithstanding any statute, ordinance, rule, or other law to the contrary, all original appointments to an affected department to which this Section applies shall be administered in the manner provided for in this Section. Provisions of the Illinois Municipal Code, municipal ordinances, and rules adopted pursuant to such authority and other laws relating to initial hiring of firefighters in affected departments shall continue to apply to the extent they are compatible with this Section, but in the event of a conflict between this Section and any other law, this Section shall control. A home rule or non-home rule municipality may not administer its fire department process for original appointments in a manner that is less stringent than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. A municipality that is operating under a court order or consent decree regarding original appointments to a full-time fire department before August 4, 2011 (the effective date of Public Act 97-251) is exempt from the requirements of this Section for the duration of the court order or consent decree. Notwithstanding any other provision of this subsection (a), this Section does not apply to a municipality with more than 1,000,000 inhabitants. (b) Original appointments. All original appointments made to an affected fire department shall be made from a register of eligibles established in accordance with the processes established by this Section. Only persons who meet or exceed the performance standards required by this Section shall be placed on a register of eligibles for original appointment to an affected fire department. Whenever an appointing authority authorizes action to hire a person to perform the duties of a firefighter or to hire a firefighter-paramedic to fill a position that is a new position or vacancy due to resignation, discharge, promotion, death, the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final eligibility list. If the appointing authority has reason to conclude that the highest ranked person fails to meet the minimum standards for the position or if the appointing authority believes an alternate candidate would better serve the needs of the department, then the appointing authority has the right to pass over the highest ranked person and appoint either: (i) any person who has a ranking in the top 5% of the register of eligibles or (ii) any person who is among the top 5 highest ranked persons on the list of eligibles if the number of people who have a ranking in the top 5% of the register of eligibles is less than 5 people. Any candidate may pass on an appointment once without losing his or her position on the register of eligibles. Any candidate who passes a second time may be removed from the list by the appointing authority provided that such action shall not prejudice a person's opportunities to participate in future examinations, including an examination held during the time a candidate is already on the municipality's register of eligibles. The sole authority to issue certificates of appointment shall be vested in the Civil Service Commission. All certificates of appointment issued to any officer or member of an affected department shall be signed by the chairperson and secretary, respectively, of the commission upon appointment of such officer or member to the affected department by the commission. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the Civil Service Commission. Each person who accepts a certificate of appointment and successfully completes his or her probationary period shall be enrolled as a firefighter and as a regular member of the fire department. For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after August 4, 2011 (the effective date of Public Act 97-251) appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties or paramedic duties, or both, except that the following persons are not included: part-time firefighters; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties; and elected officials. (c) Qualification for placement on register of eligibles. The purpose of establishing a register of eligibles is to identify applicants who possess and demonstrate the mental aptitude and physical ability to perform the duties required of members of the fire department in order to provide the highest quality of service to the public. To this end, all applicants for original appointment to an affected fire department shall be subject to examination and testing which shall be public, competitive, and open to all applicants unless the municipality shall by ordinance limit applicants to residents of the municipality, county or counties in which the municipality is located, State, or nation. Any examination and testing procedure utilized under subsection (e) of this Section shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. Municipalities may establish educational, emergency medical service licensure, and other prerequisites for participation in an examination or for hire as a firefighter. Any municipality may charge a fee to cover the costs of the application process. Residency requirements in effect at the time an individual enters the fire service of a municipality cannot be made more restrictive for that individual during his or her period of service for that municipality, or be made a condition of promotion, except for the rank or position of fire chief and for no more than 2 positions that rank immediately below that of the chief rank which are appointed positions pursuant to the Fire Department Promotion Act. No person who is 35 years of age or older shall be eligible to take an examination for a position as a firefighter unless the person has had previous employment status as a firefighter in the regularly constituted fire department of the municipality, except as provided in this Section. The age limitation does not apply to: (1) any person previously employed as a full-time | ||
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(2) any person who has served a municipality as a | ||
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(3) any person who turned 35 while serving as a | ||
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No person who is under 21 years of age shall be eligible for employment as a firefighter. No applicant shall be examined concerning his or her political or religious opinions or affiliations. The examinations shall be conducted by the commissioners of the municipality or their designees and agents. No municipality shall require that any firefighter appointed to the lowest rank serve a probationary employment period of longer than one year of actual active employment, which may exclude periods of training, or injury or illness leaves, including duty related leave, in excess of 30 calendar days. Notwithstanding anything to the contrary in this Section, the probationary employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure. In the event that any applicant who has been found eligible for appointment and whose name has been placed upon the final eligibility register provided for in this Division 1 has not been appointed to a firefighter position within one year after the date of his or her physical ability examination, the commission may cause a second examination to be made of that applicant's physical ability prior to his or her appointment. If, after the second examination, the physical ability of the applicant shall be found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed. The applicant's name may be retained upon the register of candidates eligible for appointment and when next reached for certification and appointment that applicant may be again examined as provided in this Section, and if the physical ability of that applicant is found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed, and the name of the applicant shall be removed from the register. (d) Notice, examination, and testing components. Notice of the time, place, general scope, merit criteria for any subjective component, and fee of every examination shall be given by the commission, by a publication at least 2 weeks preceding the examination: (i) 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, or (ii) on the municipality's Internet website. Additional notice of the examination may be given as the commission shall prescribe. The examination and qualifying standards for employment of firefighters shall be based on: mental aptitude, physical ability, preferences, moral character, and health. The mental aptitude, physical ability, and preference components shall determine an applicant's qualification for and placement on the final register of eligibles. The examination may also include a subjective component based on merit criteria as determined by the commission. Scores from the examination must be made available to the public. (e) Mental aptitude. No person who does not possess at least a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Examination of an applicant's mental aptitude shall be based upon a written examination. The examination shall be practical in character and relate to those matters that fairly test the capacity of the persons examined to discharge the duties performed by members of a fire department. Written examinations shall be administered in a manner that ensures the security and accuracy of the scores achieved. (f) Physical ability. All candidates shall be required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. For the purposes of this Section, essential functions of the job are functions associated with duties that a firefighter may be called upon to perform in response to emergency calls. The frequency of the occurrence of those duties as part of the fire department's regular routine shall not be a controlling factor in the design of examination criteria or evolutions selected for testing. These physical examinations shall be open, competitive, and based on industry standards designed to test each applicant's physical abilities in the following dimensions: (1) Muscular strength to perform tasks and evolutions | ||
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(2) The ability to climb ladders, operate from | ||
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(3) The ability to carry out critical, | ||
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The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests approved by the Joint Labor-Management Committee of the Office of the State Fire Marshal. Physical ability examinations administered under this Section shall be conducted with a reasonable number of proctors and monitors, open to the public, and subject to reasonable regulations of the commission. (g) Scoring of examination components. Appointing authorities may create a preliminary eligibility register. A person shall be placed on the list based upon his or her passage of the written examination or the passage of the written examination and the physical ability component. Passage of the written examination means attaining the minimum score set by the commission. Minimum scores should be set by the commission so as to demonstrate a candidate's ability to perform the essential functions of the job. The minimum score set by the commission shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. The appointing authority may conduct the physical ability component and any subjective components subsequent to the posting of the preliminary eligibility register. The examination components for an initial eligibility register shall be graded on a 100-point scale. A person's position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii) the
person's results on any subjective component as described in
subsection (d). In order to qualify for placement on the final eligibility register, an applicant's score on the written examination, before any applicable preference points or subjective points are applied, shall be at or above the minimum score set by the commission. The local appointing authority may prescribe the score to qualify for placement on the final eligibility register, but the score shall not be less than the minimum score set by the commission. The commission shall prepare and keep a register of persons whose total score is not less than the minimum score for passage and who have passed the physical ability examination. These persons shall take rank upon the register as candidates in the order of their relative excellence based on the highest to the lowest total points scored on the mental aptitude, subjective component, and preference components of the test administered in accordance with this Section. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission. The list shall include the final grades of the candidates without reference to priority of the time of examination and subject to claim for preference credit. Commissions may conduct additional examinations, including without limitation a polygraph test, after a final eligibility register is established and before it expires with the candidates ranked by total score without regard to date of examination. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission showing the final grades of the candidates without reference to priority of time of examination and subject to claim for preference credit. (h) Preferences. The following are preferences: (1) Veteran preference. Persons who were engaged in | ||
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(2) Fire cadet preference. Persons who have | ||
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(3) Educational preference. Persons who have | ||
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(4) Paramedic preference. Persons who have obtained | ||
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(5) Experience preference. All persons employed by a | ||
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Upon request by the commission, the governing body of | ||
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(6) Residency preference. Applicants whose principal | ||
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(7) Additional preferences. Up to 5 additional | ||
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(7.5) Apprentice preferences. A person who has | ||
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(8) Scoring of preferences. The commission shall give | ||
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No person entitled to any preference shall be required to claim the credit before any examination held under the provisions of this Section, but the preference shall be given after the posting or publication of the initial eligibility list or register at the request of a person entitled to a credit before any certification or appointments are made from the eligibility register, upon the furnishing of verifiable evidence and proof of qualifying preference credit. Candidates who are eligible for preference credit shall make a claim in writing within 10 days after the posting of the initial eligibility list, or the claim shall be deemed waived. Final eligibility registers shall be established after the awarding of verified preference points. However, apprentice preference credit earned subsequent to the establishment of the final eligibility register may be applied to the applicant's score upon certification by the Joint Apprenticeship Committee to the commission and the rank order of candidates on the final eligibility register shall be adjusted accordingly. All employment shall be subject to the commission's initial hire background review, including, but not limited to, criminal history, employment history, moral character, oral examination, and medical and psychological examinations, all on a pass-fail basis. The medical and psychological examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended. Any person placed on an eligibility list who exceeds the age requirement before being appointed to a fire department shall remain eligible for appointment until the list is abolished, or his or her name has been on the list for a period of 2 years. No person who has attained the age of 35 years shall be inducted into a fire department, except as otherwise provided in this Section. The commission shall strike off the names of candidates for original appointment after the names have been on the list for more than 2 years. (i) Moral character. No person shall be appointed to a fire department unless he or she is a person of good character; not a habitual drunkard, a gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. However, no person shall be disqualified from appointment to the fire department because of the person's record of misdemeanor convictions except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrest for any cause without conviction thereon. Any such person who is in the department may be removed on charges brought for violating this subsection and after a trial as hereinafter provided. A classifiable set of the fingerprints of every person who is offered employment as a certificated member of an affected fire department whether with or without compensation, shall be furnished to the Illinois State Police and to the Federal Bureau of Investigation by the commission. Whenever a commission is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files as is necessary to fulfill the request. (j) Temporary appointments. In order to prevent a stoppage of public business, to meet extraordinary exigencies, or to prevent material impairment of the fire department, the commission may make temporary appointments, to remain in force only until regular appointments are made under the provisions of this Division, but never to exceed 60 days. No temporary appointment of any one person shall be made more than twice in any calendar year. (k) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Section, commits a violation of this Section and may be subject to charges for official misconduct. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the examination or discharged from the position to which he or she was appointed, as applicable, and otherwise subjected to disciplinary actions.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(65 ILCS 5/10-1-7.2) Sec. 10-1-7.2. Alternative procedure; original appointment; full-time firefighter. (a) Authority. The Joint Labor and Management Committee (JLMC), as defined in Section 50 of the Fire Department Promotion Act, may establish a community outreach program to market the profession of firefighter and firefighter-paramedic so as to ensure the pool of applicants recruited is of broad diversity and the highest quality. Nothing in this Section requires that the Joint Labor and Management Committee establish or operate the community outreach program or master register of eligibles, or to contract with a testing agency to establish or operate such program or register, unless the Joint Labor and Management Committee chooses to do so. For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after the effective date of this amendatory Act of the 97th General Assembly appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties or paramedic duties, or both, except that the following persons are not included: part-time firefighters; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties; and elected officials. (b) Eligibility. Persons eligible for placement on the master register of eligibles shall consist of the following: Persons who have participated in and received a | ||
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Qualified candidates shall be listed on the master | ||
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Any person currently employed as a full-time member | ||
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(c) Qualifications for placement on register of eligibles. The purpose for establishing a master register of eligibles shall be to identify applicants who possess and demonstrate the mental aptitude and physical ability to perform the duties required of members of the fire department in order to provide the highest quality of service to the public. To this end, all applicants for original appointment to an affected fire department through examination conducted by the Joint Labor and Management Committee (JLMC) shall be subject to examination and testing which shall be public, competitive, and open to all applicants. Any examination and testing procedure utilized under subsection (e) of this Section shall be supported by appropriate validation evidence and shall comply with all applicable state and federal laws. Any subjective component of the testing must be administered by certified assessors. All qualifying and disqualifying factors applicable to examination processes for local commissions in this amendatory Act of the 97th General Assembly shall be applicable to persons participating in Joint Labor and Management Committee examinations unless specifically provided otherwise in this Section. Notice of the time, place, general scope, and fee of every JLMC examination shall be given by the JLMC or designated testing agency, as applicable, by publication at least 30 days preceding the examination, in one or more newspapers published in the region, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the region. The JLMC may publish the notice on the JLMC's Internet website. Additional notice of the examination may be given as the JLMC shall prescribe. (d) Examination and testing components for placement on register of eligibles. The examination and qualifying standards for placement on the master register of eligibles and employment shall be based on the following components: mental aptitude, physical ability, preferences, moral character, and health. The mental aptitude, physical ability, and preference components shall determine an applicant's qualification for and placement on the master register of eligibles. The consideration of an applicant's general moral character and health shall be administered on a pass-fail basis after a conditional offer of employment is made by a local commission. (e) Mental aptitude. Examination of an applicant's mental aptitude shall be based upon written examination and an applicant's prior experience demonstrating an aptitude for and commitment to service as a member of a fire department. Written examinations shall be practical in character and relate to those matters that fairly test the capacity of the persons examined to discharge the duties performed by members of a fire department. Written examinations shall be administered in a manner that ensures the security and accuracy of the scores achieved. Any subjective component of the testing must be administered by certified assessors. No person who does not possess a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Local commissions may establish educational, emergency medical service licensure, and other pre-requisites for hire within their jurisdiction. (f) Physical ability. All candidates shall be required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. For the purposes of this Section, essential functions of the job are functions associated with duties that a firefighter may be called upon to perform in response to emergency calls. The frequency of the occurrence of those duties as part of the fire department's regular routine shall not be a controlling factor in the design of examination criteria or evolutions selected for testing. These physical examinations shall be open, competitive, and based on industry standards designed to test each applicant's physical abilities in each of the following dimensions: (1) Muscular strength to perform tasks and evolutions | ||
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(2) The ability to climb ladders, operate from | ||
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(3) The ability to carry out critical, | ||
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The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests approved by the Joint Labor-Management Committee of the Office of the State Fire Marshal. (g) Scoring of examination components. The examination components shall be graded on a 100-point scale. A person's position on the master register of eligibles shall be determined by the person's score on the written examination, the person successfully passing the physical ability component, and the addition of any applicable preference points. Applicants who have achieved at least the minimum score on the written examination, as set by the JLMC, and who successfully pass the physical ability examination shall be placed on the initial eligibility register. Minimum scores should be set by the JLMC so as to demonstrate a candidate's ability to perform the essential functions of the job. The minimum score set by the JLMC shall be
supported by appropriate validation evidence and shall comply with all applicable State and federal laws. Applicable preference points shall be added to the written examination scores for all applicants who qualify for the initial eligibility register. Applicants who score at or above the minimum passing score as set by the JLMC, including any applicable preference points, shall be placed on the master register of eligibles by the JLMC. These persons shall take rank upon the register as candidates in the order of their relative excellence based on the highest to the lowest total points scored on the mental aptitude and physical ability components, plus any applicable preference points requested and verified by the JLMC, or approved testing agency. No more than 60 days after each examination, a revised master register of eligibles shall be posted by the JLMC showing the final grades of the candidates without reference to priority of time of examination. (h) Preferences. The board shall give military, education, and experience preference points to those who qualify for placement on the master register of eligibles, on the same basis as provided for examinations administered by a local commission. No person entitled to preference or credit shall be required to claim the credit before any examination held under the provisions of this Section. The preference shall be given after the posting or publication of the applicant's initial score at the request of the person before finalizing the scores from all applicants taking part in a JLMC examination. Candidates who are eligible for preference credit shall make a claim in writing within 10 days after the posting of the initial scores from any JLMC test or the claim shall be deemed waived. Once preference points are awarded, the candidates shall be certified to the master register in accordance with their final score including preference points. (i) Firefighter apprentice and firefighter-paramedic apprentice. The employment of an applicant to an apprentice position (including a currently employed full-time member of a fire department whose apprenticeship may be reduced or waived) shall be subject to the applicant passing the moral character standards and health examinations of the local commission. In addition, a local commission may require as a condition of employment that the applicant demonstrate current physical ability by either passing the local commission's approved physical ability examination, or by presenting proof of participating in and receiving a passing score on the physical ability component of a JLMC test within a period of up to 12 months before the date of the conditional offer of employment. Applicants shall be subject to the local commission's initial hire background review including criminal history, employment history, moral character, oral examination, and medical examinations which may include polygraph, psychological, and drug screening components, all on a pass-fail basis. The medical examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended. (j) Selection from list. Any municipality or fire protection district that is a party to an intergovernmental agreement under the terms of which persons have been tested for placement on the master register of eligibles shall be entitled to offer employment to any person on the list irrespective of their ranking on the list. The offer of employment shall be to the position of firefighter apprentice or firefighter-paramedic apprentice. Applicants passing these tests may be employed as a firefighter apprentice or a firefighter-paramedic apprentice who shall serve an apprenticeship period of 12 months or less according to the terms and conditions of employment as the employing municipality or district offers, or as provided for under the terms of any collective bargaining agreement then in effect. The apprenticeship period is separate from the probationary period. Service during the apprenticeship period shall be on a probationary basis. During the apprenticeship period, the apprentice's training and performance shall be monitored and evaluated by a Joint Apprenticeship Committee. The Joint Apprenticeship Committee shall consist of 4 members who shall be regular members of the fire department with at least 10 years of full-time work experience as a firefighter or firefighter-paramedic. The fire chief and the president of the exclusive bargaining representative recognized by the employer shall each appoint 2 members to the Joint Apprenticeship Committee. In the absence of an exclusive collective bargaining representative, the chief shall appoint the remaining 2 members who shall be from the ranks of company officer and firefighter with at least 10 years of work experience as a firefighter or firefighter-paramedic. In the absence of a sufficient number of qualified firefighters, the Joint Apprenticeship Committee members shall have the amount of experience and the type of qualifications as is reasonable given the circumstances of the fire department. In the absence of a full-time member in a rank between chief and the highest rank in a bargaining unit, the Joint Apprenticeship Committee shall be reduced to 2 members, one to be appointed by the chief and one by the union president, if any. If there is no exclusive bargaining representative, the chief shall appoint the second member of the Joint Apprenticeship Committee from among qualified members in the ranks of company officer and below. Before the conclusion of the apprenticeship period, the Joint Apprenticeship Committee shall meet to consider the apprentice's progress and performance and vote to retain the apprentice as a member of the fire department or to terminate the apprenticeship. If 3 of the 4 members of the Joint Apprenticeship Committee affirmatively vote to retain the apprentice (if a 2 member Joint Apprenticeship Committee exists, then both members must affirmatively vote to retain the apprentice), the local commission shall issue the apprentice a certificate of original appointment to the fire department. (k) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Section, commits a violation of this Section and may be subject to charges for official misconduct. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the examination or discharged from the position to which he or she was appointed, as applicable, and otherwise subjected to disciplinary actions. (l) Applicability. This Section does not apply to a municipality with more than 1,000,000 inhabitants.
(Source: P.A. 102-188, eff. 1-1-22.) |
(65 ILCS 5/10-1-7.3) Sec. 10-1-7.3. Appointment of fire chief. Notwithstanding any other provision in this Division, after the effective date of this amendatory Act of the 100th General Assembly, a person shall not be appointed as the chief, the acting chief, the department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days unless he or she possesses the following qualifications and certifications: (1) Office of the State Fire Marshal Basic Operations | ||
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(2) a current certification from the International | ||
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(3) qualifications that meet the National Fire | ||
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(4) a minimum of 10 years' experience as a | ||
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This Section applies to fire departments that employ firefighters hired under the provisions of this Division. This Section does not apply to a municipality with more than 1,000,000 inhabitants.
On and after the effective date of this amendatory Act of the 100th General Assembly, a home rule municipality may not appoint a fire chief, an acting chief, a department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.(Source: P.A. 100-425, eff. 8-25-17; 100-1126, eff. 1-1-19.) |
(65 ILCS 5/10-1-8) (from Ch. 24, par. 10-1-8)
Sec. 10-1-8.
In the event that any applicant for an office or place in the
civil service (who has been found eligible for appointment and whose name
has been placed upon the register provided for in this Division 1) has not
been appointed to such office or place within 60 days from the date of his
examination as to physical qualifications and health, the commission shall
cause a second examination to be made of such applicant prior to his
appointment and within 60 days of such appointment, which second
examination shall be practical in character and shall relate to the
cardiac, pulmonary, arterial, renal and sane condition of the applicant.
If, upon such second examination, the physical, or mental condition of the
applicant shall be found to be less than the minimum standard fixed by the
rules of such commission, the applicant shall not be appointed. The name of
such applicant shall be retained upon the register of candidates eligible
for appointment and when again reached for certification and appointment
such applicant shall be again examined as herein provided, and if the
physical or mental condition of such applicant shall again be found to be
less than the minimum standard fixed by the rules of such commission, such
applicant shall not be appointed and the name of such applicant shall be
removed from the register.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-9) (from Ch. 24, par. 10-1-9)
Sec. 10-1-9.
Every applicant who desires to take any civil service
examination provided by this Division 1 may be required, at the time of
making application, to pay to the municipality a fee, as hereinafter
provided, to defray the expenses of such examination. If fees are
required by the municipality for the taking of such examinations they
shall be deposited in the general fund of the municipality and shall not
exceed the following:
Minimum salary of less than $1,200 annually50 cents Minimum salary of $1,200 or over and less than $2,000 annually$1 Minimum salary of $2,000 or over and less than $3,000 annually$2 Minimum salary of $3,000 or more annually$3
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-10) (from Ch. 24, par. 10-1-10)
Sec. 10-1-10.
The provisions of Sections 10-1-7 through 10-1-9 relating to
examinations and payment of examination fees shall be inapplicable to
employees transferred to the employment of the municipality by virtue of
"An Act in relation to an exchange of certain functions, property and
personnel among cities, and park districts having coextensive geographic
areas and populations in excess of 500,000", approved July 5, 1957, as
heretofore and hereafter amended.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-11) (from Ch. 24, par. 10-1-11)
Sec. 10-1-11.
Notice of the time and place and general scope and fee of
every examination shall be given by the commission by publication for 2
weeks preceding such examination in a newspaper of general circulation
published in such municipality, but if no newspaper is published in such
municipality, then in a newspaper of general circulation in such
municipality. Such notice shall also be posted by the commission in a
conspicuous place in its office for 2 weeks before such examination. Such
further notice of examination may be given as the commission shall
prescribe.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
Sec. 10-1-12.
Register; eligibility list.
From the returns or reports
of the examiners, or from the examinations made by the commission, the
commission shall prepare a register for each grade or class of positions in the
classified service of such municipality of the persons whose general average
standing upon examination for such grade or class is not less than the minimum
fixed by the rules of such commission, and who are otherwise eligible. Such
persons shall take rank upon the register as candidates in the order of their
relative excellence as determined by examination, without reference to priority
of time of examination.
Within 60 days after each examination, an eligibility list shall be posted
by the Commission, which shall show the final grades of the candidates without
reference to priority of time of examination and subject to claim for military
credit. Candidates who are eligible for military credit shall make a claim
in writing within 10 days after posting of the eligibility list or such
claim shall be deemed waived. Appointment shall be subject to a final physical
examination.
If a person is placed on an eligibility list and becomes overage before he
or she is appointed to a police or fire department, the person remains eligible
for appointment until the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years shall be inducted as a
member of a police department and no person who has attained the age of 35
years shall be inducted as a member of a fire department, except as otherwise
provided in this division. With respect to a police department, a veteran shall be allowed to exceed the maximum age provision of this Section by the number of years served on active military duty, but by no more than 10 years of active military duty.
(Source: P.A. 96-472, eff. 8-14-09.)
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(65 ILCS 5/10-1-13) (from Ch. 24, par. 10-1-13)
Sec. 10-1-13.
The commission shall, by its rules, provide for promotions in
such classified service, on the basis of ascertained merit and seniority in
service and examination and shall provide, in all cases where it is
practicable, that vacancies shall be filled by promotion. All examinations
for promotion shall be competitive among such members of the next lower
rank as desire to submit themselves to such examination and the results
thereof and the promotional eligible registers prepared therefrom shall be
published by the commission within 60 days after any examinations are held.
If two or more applicants achieve the identical final grade average, they
shall be placed on the promotional eligible register in their order of
seniority in the position from which they seek promotion. The commission
shall submit to the appointing power the names of not more than 3
applicants for each promotion having the highest rating except that a
commission in any municipality with more than 130,000 but less than 2,000,000
population may submit the names of not more than 5 applicants having the
highest rating for each promotion, but in making his
selection the appointing authority shall not pass over the person having
the highest rating on the original register more than once and shall not
pass over the person having the second highest rating in the original
register more than twice. The commission shall strike off all names of
applicants from a promotional eligible register after they have remained
thereon no less than 2 years and no more than 3 years,
provided that the commission shall notify the
appointing power before the names are stricken and such appointing power
shall fill any existing vacancies before all names are stricken from the
promotional eligible register. The method of examination and the rules
governing the same, and the method of certifying, shall be the same as
provided for applicants for original appointment.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 85-462.)
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(65 ILCS 5/10-1-14) (from Ch. 24, par. 10-1-14)
Sec. 10-1-14. The head of the department or office in which a
position classified under this Division 1 is to be filled shall notify
the commission of that fact, and the commission shall certify to the
appointing officer the name and address of the candidate standing
highest upon the register for the class or grade to which the position
belongs. However, in cases of laborers where a choice by competition is
impracticable, the commission may provide by its rules that the
selections shall be made by lot from among those candidates proved fit
by examination, but laborers who have previously been in the service and
were removed because their services were no longer required, shall be
preferred, and be reinstated before other laborers are given positions,
preference being given to those who have had the longest term of
service, and laborers in the employ of the municipality on July 1, 1949,
who, as of such date, have been employed under temporary authority for 3
years or more or during parts of 3 or more calendar years, shall be
preferred also, and shall be placed upon the register for such positions
without examination and shall be certified before other laborers are
given positions, preference being given to those laborers under
temporary authority who have had the longest term of service in such
positions. In making such certification, sex shall be disregarded.
The appointing officer shall notify the commission
of each position to be filled, separately, and shall fill such place by
the appointment of the person certified to him or her by the commission
therefor. Original appointment shall be on probation for a period not to
exceed 6 months to be fixed by the rules but all time spent in attending
training schools and seminars, except on-the-job training
conducted by local Fire Department personnel, shall
be excluded in calculating the probation period; provided that in
municipalities with a population of more than 500,000 inhabitants,
original appointment to the police department shall be on probation for
a period not to exceed 9 months to be fixed by the rules of the
department. The commission may strike off names of candidates from the
register after they have remained thereon more than 2 years. At or
before the expiration of the period of probation, the head of the
department or office in which a candidate is employed may, by and with
the consent of the commission, discharge him or her upon assigning in writing
his or her reason therefor to the commission. If he or she is
not then discharged, his or her
appointment shall be deemed complete. To prevent the stoppage of public
business, or to meet extraordinary exigencies, the head of any
department or office may, with the approval of the commission, make
temporary appointment to remain in force not exceeding 120 days, and
only until regular appointments under the provisions of this Division 1
can be made. In any municipal fire department that employs full-time firefighters and is subject to a collective bargaining agreement, a person who has not qualified for regular appointment under the provisions of this Division 1 shall not be used as a temporary or permanent substitute for classified members of a municipality's fire department or for regular appointment as a classified member of a municipality's fire department unless mutually agreed to by the employee's certified bargaining agent. Such agreement shall be considered a permissive subject of bargaining. Municipal fire departments covered by the changes made by this amendatory Act of the 95th General Assembly that are using non-certificated employees as substitutes immediately prior to the effective date of this amendatory Act of the 95th General Assembly may, by mutual agreement with the certified bargaining agent, continue the existing practice or a modified practice and that agreement shall be considered a permissive subject of bargaining. A home rule unit may not regulate the hiring of temporary or substitute members of the municipality's fire department in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 95-490, eff. 6-1-08.)
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(65 ILCS 5/10-1-15) (from Ch. 24, par. 10-1-15)
Sec. 10-1-15.
In any municipality subject to this Division 1 having a
population of 500,000 or more, all sidewalk inspectors, chief street
inspector, supervisors of payrolls and supervisors of pavement repairs who
on July 26, 1951, have served in such capacity for 2 years or more shall
have certified civil service status.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-16) (from Ch. 24, par. 10-1-16)
Sec. 10-1-16. Veteran's preference. Persons who were engaged in the active military or naval service of
the United States for a period of at least one year and who were honorably discharged
therefrom and all persons who were engaged in such military or naval
service who are now or may hereafter be on
inactive or reserve duty in such military or naval service, not including,
however, persons who were convicted by court-martial of disobedience of
orders, where such disobedience consisted in the refusal to perform
military service on the ground of alleged religious or conscientious
objections against war, shall be preferred for appointments to civil
offices, positions, and places of employment in the classified service of
any municipality coming under the provisions of this Division 1, provided
they are found to possess the business capacity necessary for the proper
discharge of the duties of such office, position, or place of employment as
determined by examination. For purposes of this Section, if a person has been deployed, then "active duty military or naval service of the United States" includes training and service school attendance, as defined in 10 U.S.C. 101(d), which is ordered pursuant to 10 U.S.C. 12301(d). The civil service commission shall give preference points for original appointment to qualified veterans whose names appear on any register of eligibles resulting from an examination for original entrance in the classified service of any municipality coming under the provisions of this Division 1 by adding to the final grade average that they receive or will receive as the result of any examination held for original entrance, 5 points. The numerical result thus attained shall be applied by the civil service commission in determining the position of those persons on any eligibility list that has been created as the result of any examination for original entrance for purposes of preference in certification and appointment from that eligibility list. Persons who were engaged in the active military or naval service of the United States for a period of at least one year and who were honorably discharged therefrom or who are now
or who may hereafter be on inactive or reserve duty in such military or
naval service, not including, however, persons who were convicted by court
martial of disobedience of orders where such disobedience consisted in the
refusal to perform military service on the ground of alleged religious or
conscientious objections against war, and whose names appear on existing
promotional eligible registers or any promotional eligible register that
may hereafter be created, as provided for by this Division 1, shall be
preferred for promotional appointment to civil offices, positions and
places of employment in the classified civil service of any municipality
coming under the provisions of this Division 1.
The civil service commission shall give preference for promotional
appointment to persons as hereinabove designated whose names appear on
existing promotional eligible registers or promotional eligible registers
that may hereafter be created by adding to the final grade average which
they received or will receive as the result of any promotional examination
seven-tenths of one point for each 6 months or fraction
thereof of active military or naval service not exceeding 30 months. The numerical
result thus attained shall be applied by the civil service commission in
determining the position of such persons on any eligible list which has
been created or will be created as the result of any promotional
examination held hereunder for purposes of preference in certification and
appointment from such eligible list.
No person shall receive the preference for a promotional appointment
granted by this Section after he or she has received one promotion from an
eligible list on which he or she was allowed such preference.
No person entitled to preference or credit for military or naval service
hereunder shall be required to furnish evidence or record of honorable
discharge from the armed forces before the publication or posting of any
eligible register or list resulting from the examination. Such preference
shall be given after the posting or publication of any eligible list or
register resulting from such examination and before any certifications or
appointments are made from such list or register.
(Source: P.A. 96-83, eff. 1-1-10.)
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(65 ILCS 5/10-1-17) (from Ch. 24, par. 10-1-17)
Sec. 10-1-17.
Officers who are elected by the people, or who are elected by
the corporate authorities pursuant to the municipal charter, or whose
appointment is subject to confirmation by the corporate authorities, judges
of election, members of any board of education, the superintendent and
teachers of schools, the employees of any welfare department, heads of any
principal department of the municipality, the chief librarian of the public
library, members of the law department, police officers above the grade of
captain, police cadets, a health officer appointed after July 1, 1953,
seasonal employees which means those persons whose employment does not
exceed 90 days in any calendar year, one deputy and one private
secretary of each of the
elected municipal officials and the municipal manager, and administrative
assistants to the mayor or municipal manager, shall not be included in such
classified service, except that the chief of the police department may be
included in the classified service if the corporate authorities so provides
by ordinance.
Any position of employment in a public library that is operated under
The Illinois Local Library Act and has an elected Board of Library
Trustees may be excluded from the classified service by a 2/3 vote of the
Board of Library Trustees.
(Source: P.A. 85-488.)
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(65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
Sec. 10-1-18.
(a) Except as hereinafter provided in this Section, no officer
or employee in the classified civil service of any municipality who is
appointed under the rules and after examination, may be removed or discharged,
or suspended for a period of more than 30 days, except for cause upon
written charges and after an opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. In non-home rule units of government, such
bargaining shall be permissive rather than mandatory unless such contract term
was negotiated by the employer and the labor organization prior to or at the
time of the effective date of this amendatory Act, in which case such
bargaining shall be considered mandatory.
Such charges shall be investigated by or before the civil
service commission, or by or before some officer or board appointed by the
commission to conduct that investigation. The finding and decision of that
commission or investigating officer or board, when approved by the commission,
shall be certified to the appointing officer, and shall forthwith be enforced
by that officer. Before any officer or employee in
the classified service of any municipality may be interrogated or examined
by or before any disciplinary board, or departmental agent or investigator,
the results of which hearing, interrogation or examination may be the basis
for filing charges seeking his removal or discharge, he must be advised in
writing as to what specific improper or illegal act he is alleged to have
committed; he must be advised in writing that his admissions made in the
course of the hearing, interrogation or examination may be used as the
basis for charges seeking his removal or discharge; and he must be advised
in writing that he has the right to counsel of his own choosing present to
advise him at any hearing, interrogation or examination; and a complete
record of any hearing, interrogation or examination shall be made and a
complete transcript thereof made available to such officer or employee
without charge and without delay. Nothing in this Division 1 limits the
power of any officer to suspend a subordinate for a reasonable period, not
exceeding 30 days except that any employee or officer suspended for more
than 5 days or suspended within 6 months after a previous suspension shall
be entitled, upon request, to a hearing before the civil service commission
concerning the propriety of such suspension. In the course of an
investigation of charges, each member of the commission, and of any board
so appointed by it, and any officer so appointed, may administer oaths and
may secure by its subpoena both the attendance and testimony of witnesses,
and the production of books and papers relevant to the investigation.
Nothing in this Section shall be construed to require such charges or
investigation in cases of persons having the custody of public money for
the safe keeping of which another person has given bonds.
This subsection (a) does not apply to police or firefighters in the
classified civil service of a municipality of 500,000 or fewer inhabitants.
(b) No officer or employee of a police or fire department in the classified
civil service of any municipality having 500,000 or fewer inhabitants who is
appointed under the rules and after examination, may be removed or discharged,
or suspended for a period of more than 5 calendar days, except for cause upon
written charges and after an opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. In non-home rule units of government, such
bargaining shall be permissive rather than mandatory unless such contract term
was negotiated by the employer and the labor organization prior to or at the
time of the effective date of this amendatory Act, in which case such
bargaining shall be considered mandatory.
Such charges shall be investigated by or before the civil service
commission, or by or before some officer or board appointed by the
commission to conduct that investigation. The finding and decision of that
commission or investigating officer or board, when approved by the
commission, shall be certified to the appointing officer, and shall
forthwith be enforced by that officer. Before any such officer or employee
of a police or fire department may be interrogated or examined
by or before any disciplinary board, or departmental agent or investigator,
the results of which hearing, interrogation or examination may be the basis
for filing charges seeking his removal or discharge, he must be advised in
writing as to what specific improper or illegal act he is alleged to have
committed; he must be advised in writing that his admissions made in the
course of the hearing, interrogation or examination may be used as the
basis for charges seeking his removal or discharge; and he must be advised
in writing that he has the right to have counsel of his own choosing present to
advise him at any hearing, interrogation or examination; and a complete
record of any hearing, interrogation or examination shall be made and a
complete transcript thereof made available to such officer or employee
without charge and without delay. Nothing in this Division 1 limits the
power of the chief officer of a police or fire department to suspend a
subordinate for a reasonable period, not exceeding 5 calendar days, provided
the civil service commission is promptly notified thereof in writing. Any
employee or officer so suspended shall be entitled, upon request, to a hearing
before the civil service commission concerning the propriety of such
suspension. Upon such hearing, the commission may sustain the action of the
chief of the department, may reverse it with instructions that the person
receive his pay for the period involved, or may suspend the person for an
additional period of not more than 30 days or discharge him, depending upon the
facts presented. In the course of an investigation of charges, each member of
the commission, and of any board so appointed by it, and any officer so
appointed, may administer oaths and may secure by its subpoena both the
attendance and testimony of witnesses, and the production of books and papers
relevant to the investigation. If the charge is based upon an allegation of the
use of unreasonable force by a police officer, the charge must be brought
within 5 years after the commission of the act upon which the charge is based.
The statute of limitations established in this Section 10-1-18(b) shall apply
only to acts of unreasonable force occurring on or after the effective date of
this amendatory Act of 1992.
(c) Whenever the corporate authorities of any municipality in which this
Division 1 is in operation, designates by ordinance or whenever any general law
of this state designates any specific age of not less than 63 years as the
maximum age for legal employment of policemen or firemen in the service of any
municipality which has adopted or shall adopt this Division 1 or designates any
minimum age for the automatic or compulsory retirement of policemen or firemen
in the service of that municipality, any such policeman or fireman to whom such
ordinance or law may refer or apply upon attaining the designated age of 63
years or upwards as set out in the ordinance or law shall forthwith and
immediately be retired from the service of that municipality in accordance with
the terms or provisions of that ordinance or law. The civil service commission
of the municipality shall discharge or retire automatically any policeman or
fireman in the classified civil service of the municipality at the time and in
the manner provided in that ordinance or law and certify the retirement or
discharge to the proper branch or department head. In the case of any such
policeman or fireman who has filed an application for appointment in the
classified civil service of the municipality, the age stated in that
application shall be conclusive evidence against that policeman or fireman of
his age, but the civil service commission (except as respects police department
officers and employees in municipalities of more than 500,000 population where
the Police Board shall exercise these powers as provided in Section 10-1-18.1)
may hear testimony and consider all evidence available in any case in which any
charge is filed against any such policeman or fireman alleging that he
understated his age in his application for appointment into the classified
civil service of the municipality.
In addition to all the other powers now granted by law, the corporate
authorities of any municipality which has adopted or shall adopt this
Division 1 may by ordinance provide an age limit of not less than 63 years
as the maximum age for the legal employment of any person employed as a
policeman or fireman under this Division 1, and may provide in that
ordinance for the automatic or compulsory retirement and discharge of the
policeman or fireman upon his attainment of the designated retirement age.
This Section does not apply to the suspension, removal or discharge of
officers and civilian employees of the police department in the classified
civil service of a municipality of more than 500,000 but that disciplinary
action may be taken by the Police Board, rather than the civil service
commission, as provided in Section 10-1-18.1.
(d) Commencing on January 1, 1993, each board or other entity
responsible for determining whether or not to file a charge shall, no later
than December 31 of each year, publish a status report on its
investigations of allegations of unreasonable force. At a minimum, the
status report shall include the following information:
(1) the number of police officers against whom an | ||
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(2) the number of allegations of unreasonable force | ||
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(3) the number of police officers against whom | ||
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(4) a listing of investigations of allegations of | ||
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(5) a listing of allegations of unreasonable force | ||
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These status reports shall not disclose the identity of | ||
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(Source: P.A. 91-650, eff. 11-30-99.)
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(65 ILCS 5/10-1-18.1) (from Ch. 24, par. 10-1-18.1)
Sec. 10-1-18.1.
In any municipality of more than 500,000 population, no
officer or employee of the police department in the classified civil
service of the municipality whose appointment has become complete may be
removed or discharged, or suspended for more than 30 days except for cause
upon written charges and after an opportunity to be heard in his own
defense by the Police Board. Before any such officer or employee may be
interrogated or examined by or before any disciplinary board, or
departmental agent or investigator, the results of which hearing,
interrogation or examination may be the basis for filing charges seeking
his removal or discharge, he must be advised in writing as to what specific
improper or illegal act he is alleged to have committed; he must be advised
in writing that his admissions made in the course of the hearing,
interrogation or examination may be used as the basis for charges seeking
his removal or discharge; and he must be advised in writing that he has the
right to counsel of his own choosing present to advise him at any hearing,
interrogation or examination; and a complete record of any hearing,
interrogation or examination shall be made and a complete transcript
thereof made available to such officer or employee without charge and
without delay.
Upon the filing of charges for which removal or discharge, or suspension
of more than 30 days is recommended a hearing before the Police Board shall
be held. If the charge is based upon an allegation of the use of
unreasonable force by a police officer, the charge must be brought within 5
years after the commission of the act upon which the charge is based.
The statute of limitations established in this Section 10-1-18.1 shall
apply only to acts of unreasonable force occurring on or after the
effective date of this amendatory Act of 1992.
The Police Board shall establish rules of procedure not inconsistent
with this Section respecting notice of charges and the conduct of the
hearings before the Police Board, or before any member thereof appointed by
the Police Board to hear the charges. The Police Board, or any member
thereof, is not bound by formal or technical rules of evidence, but hearsay
evidence is inadmissible. The person against whom charges have been filed
may appear before the Police Board or any member thereof, as the case may
be, with counsel of his own choice and defend himself; shall have the right
to be confronted by his accusers; may cross-examine any witness giving
evidence against him; and may by counsel present witnesses and evidence in
his own behalf.
The Police Board or any member thereof designated by it, may administer
oaths and secure by its subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers. All proceedings
before the Police Board or member thereof shall be recorded. No continuance
may be granted after a hearing has begun unless all parties to the hearing
agree thereto. The findings and decision of the Police Board, when approved
by the Board, shall be certified to the superintendent and shall forthwith
be enforced by the superintendent.
A majority of the members of the Police Board must concur in the entry
of any disciplinary recommendation or action.
Nothing in this Section limits the power of the superintendent to
suspend a subordinate for a reasonable period, not exceeding 30 days.
Commencing on January 1, 1993, each board or other entity responsible
for determining whether or not to file a charge shall, no later than
December 31 of each year, publish a status report on its investigations of
allegations of unreasonable force. At a minimum, the status report shall
include the following information:
(1) the number of police officers against whom an | ||
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(2) the number of allegations of unreasonable force | ||
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(3) the number of police officers against whom | ||
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(4) a listing of investigations of allegations of | ||
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(5) a listing of allegations of unreasonable force | ||
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These status reports shall not disclose the identity of | ||
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(Source: P.A. 87-1239.)
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(65 ILCS 5/10-1-18.2) (from Ch. 24, par. 10-1-18.2)
Sec. 10-1-18.2.
Home rule preemption.
No municipality, including a
municipality that is a home rule unit, may regulate the period of time or
establish or enforce a statute of limitations relating to charges brought
against a police officer before a Police Board, Civil Service Commission, or
other board or officer empowered by law or ordinance to investigate police
misconduct if the charge is based upon an allegation of the use of unreasonable
force by a police officer. The statute of limitations established in Sections
10-1-18 and 10-1-18.1 for those charges are an exclusive exercise of powers and
functions by the State under paragraph (h) of Section 6 of Article VII of the
Illinois Constitution.
(Source: P.A. 87-1239.)
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(65 ILCS 5/10-1-18.3) (This Section may contain text from a Public Act with a delayed effective date) Sec. 10-1-18.3. Disability as a cause for discharge; prohibited. A physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under Article 3 of the Illinois Pension Code may not be used, in whole or in part, as a cause for a municipality to discharge a police officer.(Source: P.A. 103-929, eff. 1-1-25.) |
(65 ILCS 5/10-1-19) (from Ch. 24, par. 10-1-19)
Sec. 10-1-19.
Immediate notice in writing shall be given by the appointing
power, to the commission, of all appointments, permanent or temporary, made
in such classified civil service, and of all transfers, promotions,
resignations, or vacancies from any cause in such service, and of the date
thereof. The commission shall keep a record of all such information. When
any office or place of employment is created or abolished, or the
compensation attached thereto altered, the officer or board making such
change shall immediately report it in writing to the commission.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-20) (from Ch. 24, par. 10-1-20)
Sec. 10-1-20.
The commission shall investigate the enforcement of this
Division 1 and its rules, and the action of the examiners herein provided
for, and the conduct and action of the appointees in the classified service
in its municipality. The commission may inquire as to the nature, tenure
and compensation of all offices and places in the public service thereof.
In the course of such investigations each commissioner may administer
oaths. The commission may secure by its subpoena both the attendance and
testimony of witnesses and the production of books and papers relevant to
such investigations.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-21) (from Ch. 24, par. 10-1-21)
Sec. 10-1-21.
The commission shall, on or before January 15 of each year,
make to the mayor for transmission to the corporate authorities a report
showing the commission's own action, the rules in force, the practical
effects thereof, and any suggestions it may have for the more effectual
accomplishment of the purposes of this Division 1. The mayor may require a
report from the commission at any other time.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-22) (from Ch. 24, par. 10-1-22)
Sec. 10-1-22.
The commission shall employ a chief examiner, who shall,
under the direction of the commission, superintend any examination held in
such municipality under this Division 1. The chief examiner also shall
perform such other duties as the commission shall prescribe. The chief
examiner shall be ex-officio secretary of the commission, under the
direction of such commission. The chief examiner, as such secretary, shall
keep the minutes of its proceedings, preserve all reports made to it, keep
a record of all examinations held under its direction, and perform such
other duties as the commission shall prescribe.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-23) (from Ch. 24, par. 10-1-23)
Sec. 10-1-23.
All officers of any municipality which adopts this Division 1
shall aid the commission in all proper ways in carrying out the provisions
of this Division 1, and at any place where examinations are to be held
shall allow reasonable use of public buildings for holding such
examinations. The mayor of such municipality shall cause suitable rooms to
be provided for the commission at the expense of such municipality.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-24) (from Ch. 24, par. 10-1-24)
Sec. 10-1-24.
In any municipality having a population of 500,000
inhabitants or more, the president of the commission shall receive a salary
of $7,500 a year, each of the other members of the commission shall receive
a salary of $5,000 a year, and the chief examiner of the commission shall
receive a salary to be fixed by the corporate authorities of such
municipality. Any person not at the time in the official service of the
municipality, serving as a member of the board of examiners or of a trial
board, shall receive compensation for every day actually and necessarily
spent in the discharge of his duty as an examiner or a member of the trial
board at the rate of not exceeding $7 per day, and the commission may, in
such municipality, also incur expenses not exceeding the amount
appropriated therefor by the corporate authorities of the municipality
wherein the commission exists. In municipalities having a population of
less than 500,000 inhabitants, such commissioners and the chief examiner
shall receive an annual salary, to be fixed by the corporate authorities of
such municipalities. In any municipality having a population of less than
500,000 inhabitants, any person not at the time in the official service of
the municipality, serving as a member of the board of examiners or of a
trial board, shall receive compensation for every day actually and
necessarily spent in the discharge of his duty as an examiner or member of
the trial board at the rate per day to be fixed by the corporate
authorities of such municipality, and the commission may, in such
municipality also incur expenses not exceeding the amount appropriated
therefor by the corporate authorities wherein the commission exists.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-25) (from Ch. 24, par. 10-1-25)
Sec. 10-1-25.
A sufficient sum of money shall be appropriated each year by
each municipality which adopts this Division 1, to carry out the provisions
of this Division 1 in such municipality. In such municipalities as shall
have already made the annual appropriation for municipal purposes for the
current fiscal year, the mayor is authorized and required to pay the
salaries and expenses as herein provided for such fiscal year out of the
moneys appropriated for contingent purposes by such municipality, or out of
any moneys not otherwise appropriated.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-26) (from Ch. 24, par. 10-1-26)
Sec. 10-1-26.
No person or officer shall wilfully or corruptly by himself
or in co-operation with one or more other persons, defeat, deceive or
obstruct any person in respect to his right of examination, or corruptly or
falsely mark, grade, estimate or report upon the examination or proper
standing of any person examined hereunder or aid in so doing, or wilfully
or corruptly make any false representation concerning the same, or
concerning the person examined, or wilfully or corruptly furnish to any
person any special or secret information for the purpose of either
improving or injuring the prospects or chances of any person so examined,
or to be examined, being appointed, employed or promoted.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-27) (from Ch. 24, par. 10-1-27)
Sec. 10-1-27.
No officer or employee of any municipality which adopts this
Division 1 shall solicit, orally or by letter, or receive or pay, or be in
any manner concerned in soliciting, receiving or paying any assessment,
subscription or contribution for any party or political purpose whatever.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-27.1) (from Ch. 24, par. 10-1-27.1)
Sec. 10-1-27.1.
No municipality covered under this Division 1 may make
or enforce any rule or ordinance which will in any way inhibit or prohibit
any employee from exercising his full political rights to engage in
political activities, including the right to petition, make speeches,
campaign door to door, and to run for public office, so long as the
employee does not use his official position to coerce or influence others
and does not engage in these activities while he is at work on duty.
(Source: P.A. 84-1018.)
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(65 ILCS 5/10-1-28) (from Ch. 24, par. 10-1-28)
Sec. 10-1-28.
No person shall solicit, orally or by letter, or be in any
manner concerned in soliciting any assessment, contribution or payment for
any party or any political purpose whatever, from any officer or employee
in any department of the government of any municipality which adopts this
Division 1.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-29) (from Ch. 24, par. 10-1-29)
Sec. 10-1-29.
No person shall, in any room or building occupied for the
discharge of official duties by any officer or employee in any municipality
which adopts this Division 1, solicit, orally or by written communication,
delivered therein, or in any other manner, or receive any contribution of
money or other thing of value, for any party or political purpose whatever.
No officer, agent, clerk, or employee under the government of such
municipality, who may have charge or control of any building, office, or
room, occupied for any purpose of such government, shall permit any person
to enter the same for the purpose of therein soliciting or delivering
written solicitations for receiving or giving notice of any political
assessments.
(Source: P.A. 103-154, eff. 6-30-23.)
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(65 ILCS 5/10-1-30) (from Ch. 24, par. 10-1-30)
Sec. 10-1-30.
No officer or employee in the service of such municipality
shall, directly or indirectly, give or hand over to any officer or employee
in such service, or to any senator or representative or alderperson,
councilman, trustee or commissioner, any money or other valuable thing, on
account of or to be applied to the promotion of any party or political
object whatever.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/10-1-31) (from Ch. 24, par. 10-1-31)
Sec. 10-1-31.
No officer or employee of such municipality shall discharge
or degrade or promote, or in any manner change the official rank or
compensation of any other officer or employee, or promise or threaten to do
so for giving or withholding or neglecting to make any contribution of any
money or other valuable thing for any party or political purpose, or for
refusal or neglect to render any party or political service.
(Source: P.A. 103-154, eff. 6-30-23.)
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(65 ILCS 5/10-1-32) (from Ch. 24, par. 10-1-32)
Sec. 10-1-32.
No applicant for appointment in the classified civil service,
either directly or indirectly, shall pay or promise to pay any money or
other valuable thing to any person whatever for or on account of his
appointment, or proposed appointment, and no officer or employee shall pay
or promise to pay, either directly or indirectly, any person any money or
other valuable thing whatever for or on account of his promotion.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-33) (from Ch. 24, par. 10-1-33)
Sec. 10-1-33.
No applicant for appointment or promotion in the classified
civil service shall ask for or receive a recommendation or assistance from
any officer or employee in the service, or of any person upon the
consideration of any political service to be rendered to or for such
person, or for the promotion of such person to any office or appointment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-34) (from Ch. 24, par. 10-1-34)
Sec. 10-1-34.
No person while holding any office in the government of such
municipality, or in nomination for, or while seeking a nomination for, or
appointment to any such office, shall corruptly use or promise to use,
either directly or indirectly, any official authority or influence, whether
then possessed or merely anticipated, in the way of conferring upon any
person, or in order to secure or aid any person in securing any office or
public employment, or any nomination, confirmation, promotion or increase
of salary upon the consideration or condition that the vote or political
influence or action of the last named person or any other shall be given or
used in behalf of any candidate, officer or party, or upon any other
corrupt condition or consideration.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-35) (from Ch. 24, par. 10-1-35)
Sec. 10-1-35.
No accounting or auditing officer shall allow the claim of
any public officer for services of any deputy or other person employed in
the public service in violation of the provisions of this Division 1.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-36) (from Ch. 24, par. 10-1-36)
Sec. 10-1-36.
The commission shall certify to the comptroller or other
auditing officers, all appointments to offices and places in the classified
civil service, and all vacancies occurring therein, whether by dismissal or
resignation or death, and all findings made or approved by the commission
under the provisions of Section 10-1-18, that a person shall be discharged
from the classified civil service.
In no event shall any person who is classified by his local selective
service draft board as a conscientious objector, or who has ever been so
classified, be appointed to the police department.
(Source: Laws 1967, p. 3222.)
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(65 ILCS 5/10-1-37) (from Ch. 24, par. 10-1-37)
Sec. 10-1-37.
No comptroller or other auditing officer of a municipality
which has adopted this Division 1 shall approve the payment of, or be in
any manner concerned in paying any salary or wages to any person for
services as an officer or employee of such municipality, unless such person
is occupying an office or place of employment according to the provisions
of law and is entitled to payment therefor.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-38) (from Ch. 24, par. 10-1-38)
Sec. 10-1-38.
No paymaster, treasurer or other officer or agent of a
municipality which has adopted this Division 1 shall wilfully pay, or be in
any manner concerned in paying any person any salary or wages for services
as an officer or employee of such municipality, unless such person is
occupying an office or place of employment according to the provisions of
law and is entitled to payment therefor.
(Source: Laws 1961, p. 3252.)
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(65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
Sec. 10-1-38.1.
When the force of the Fire Department or of the Police
Department is reduced, and positions displaced or abolished, seniority
shall prevail, and the officers and members so reduced in rank, or removed
from the service of the Fire Department or of the Police Department shall
be considered furloughed without pay from the positions from which they
were reduced or removed.
Such reductions and removals shall be in strict compliance with
seniority and in no event shall any officer or member be reduced more than
one rank in a reduction of force. Officers and members with the least
seniority in the position to be reduced shall be reduced to the next lower
rated position. For purposes of determining which officers and members
will be reduced in rank, seniority shall be determined by adding the time
spent at the rank or position from which the officer or member is to be
reduced and the time spent at any higher rank or position in the
Department. For purposes of determining which officers or members in the
lowest rank or position shall be removed from the Department in the event
of a layoff, length of service in the Department shall be the basis for
determining seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members laid off shall
have their names placed on an appropriate reemployment list in the reverse
order of dates of layoff.
If any positions which have been vacated because of reduction in forces
or displacement and abolition of positions, are reinstated, such members
and officers of the Fire Department or of the Police Department as are
furloughed from the said positions shall be notified by registered mail of
such reinstatement of positions and shall have prior right to such
positions if otherwise qualified, and in all cases seniority shall prevail.
Written application for such reinstated position must be made by the
furloughed person within 30 days after notification as above provided and
such person may be required to submit to examination by physicians, advanced practice registered nurses, or physician assistants of both
the commission and the appropriate pension board to determine his physical
fitness.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
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(65 ILCS 5/10-1-39) (from Ch. 24, par. 10-1-39)
Sec. 10-1-39.
Any person who shall be served with a subpoena to appear and
testify, or to produce books and papers, issued by the commission or by any
commissioner or by any board or person acting under the orders of the
commission in the course of an investigation conducted either under the
provisions of Section 10-1-18 or 10-1-20, and who shall refuse or neglect
to appear or to testify, or to produce books and papers relevant to the
investigation, as commanded in such subpoena, is guilty of a misdemeanor,
and shall, on conviction, be punished as provided in Section 10-1-40. The
fees of witnesses for attendance and travel shall be the same as the fees
of witnesses before the circuit courts of this state and shall be paid from
the appropriation for the expenses of the commission. Any circuit court of
this state upon application of any such commissioner, or officer or board,
may in his discretion compel the attendance of witnesses, the production of
books and papers, and giving of testimony before the commission, or before
any such commissioner, investigating board or officer, by attachment for
contempt or otherwise in the same manner as the production of evidence may
be compelled before such court. Every person who, having taken an oath or
made affirmation before a commissioner or officer appointed by the
commission authorized to administer oaths shall swear or affirm wilfully,
corruptly and falsely shall be guilty of perjury and upon conviction shall
be punished accordingly.
(Source: Laws 1967, p. 3762.)
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(65 ILCS 5/10-1-40) (from Ch. 24, par. 10-1-40)
Sec. 10-1-40.
Any person who wilfully, or through culpable negligence
violates any of the provisions of this Division 1 or any rule promulgated
in accordance with the provisions thereof, other than Section 10-1-16,
is guilty of a Class B
misdemeanor. Any person who wilfully or through culpable negligence
violates any of the provisions of Section 10-1-16 of this Code, or any rule
promulgated in accordance with the provisions thereof, is guilty of a Class
A misdemeanor.
(Source: P.A. 85-372.)
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(65 ILCS 5/10-1-41) (from Ch. 24, par. 10-1-41)
Sec. 10-1-41.
If any person is convicted for violating any of the
provisions of this Division 1, or rules adopted pursuant thereto, any
public office or place of public employment, which such person may hold
shall, by force of such conviction be rendered vacant, and such person
shall be incapable of holding any office or place of public employment for
the period of 5 years from the date of such conviction.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-42) (from Ch. 24, par. 10-1-42)
Sec. 10-1-42.
Prosecutions for violations of this Division 1 may be
instituted either by the Attorney General, the State's Attorney for the
county in which the offense is alleged to have been committed, or by the
commission, acting through special counsel. Such suits shall be conducted
and controlled by the prosecuting officers who institute them, unless they
request the aid of other prosecuting officers.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-1-43) (from Ch. 24, par. 10-1-43)
Sec. 10-1-43.
The electors of any municipality may adopt and become
entitled to the benefits of this Division 1 in the following manner:
Whenever 1,000 of the legal voters of such municipality, voting at the
last preceding election petition the circuit court for the county in
which the municipality is located to order submitted to a
vote of the electors of
such municipality the proposition as to whether such municipality and
the electors thereof shall adopt and become entitled to the benefits of
this Division 1, the circuit court shall order such proposition
certified and submitted
accordingly at the next succeeding
election in accordance with the general election law, and if such proposition
is not adopted at such election the
same shall in like manner be ordered to a vote of the electors of such
municipality by the circuit court upon like application at any election
thereafter, and an order shall be
entered of record in the circuit court for the submission of
such proposition as aforesaid. The clerk of the circuit court shall certify
the proposition for submission.
If the required number of 1,000 electors exceeds a number equal to
1/8 of the legal voters of any such municipality voting at the last
preceding municipal election, then such petition or application need not be signed
or made by more than 1/8 of the legal voters of such municipality voting
at the last preceding municipal election.
If this Division 1 is adopted by a municipality that before adoption
was subject to the provisions of Division 2.1 of this Article 10, the
provisions of this Division 1 shall apply except as to the board of fire
and police commissioners and firemen and policemen. The provisions of
Division 2.1 shall continue to apply to the board of fire and police
commissioners and firemen and policemen.
A municipality that has adopted this Division 1 may abolish it in the
same manner prescribed for its adoption.
(Source: P.A. 88-264.)
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(65 ILCS 5/10-1-44) (from Ch. 24, par. 10-1-44)
Sec. 10-1-44.
(a) Proclamation to adopt.
If a majority of the votes
cast upon a
proposition to adopt shall be for the proposition, this
Division 1 shall
be adopted by the municipality, and the mayor shall then issue a
proclamation declaring this Division 1 in force in the
municipality.
(b) Proclamation to abolish. If a majority of the votes cast upon a
proposition to abolish shall be for the proposition, this Division 1 shall
be abolished by the municipality, and the mayor shall then issue a proclamation
declaring this Division 1 abolished in the municipality.
(Source: P.A. 88-264.)
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(65 ILCS 5/10-1-45) (from Ch. 24, par. 10-1-45)
Sec. 10-1-45.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof,
and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of a Civil Service
Commission, or of the Police Board of a city of more than 500,000
population. The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(65 ILCS 5/10-1-46) (from Ch. 24, par. 10-1-46)
Sec. 10-1-46.
An employee who is injured while in the performance of his
duties and because of such injury is temporarily unable to continue his
duties or who enters the military or naval service of the United States
because of a war in which the United States is a party belligerent or as
required by any Act of Congress shall, upon written application to the
commission, be granted a disability or military leave, as the case may be.
(Source: Laws 1963, p. 1116.)
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(65 ILCS 5/10-1-47) (from Ch. 24, par. 10-1-47) (Text of Section before amendment by P.A. 103-929) Sec. 10-1-47. An employee who has been on disability leave or military
leave granted by the commission and who wishes to return to active duty in
his certified position shall be credited with seniority for the period of
such leave and, if otherwise qualified, shall be reinstated to his
certified position at the rank or grade held at the start of the leave, not
more than 60 days after his written request for reinstatement is filed with
the commission. Such request shall be filed not more than 30 days after
termination of the disability or military or naval service.(Source: Laws 1963, p. 1116.) (Text of Section after amendment by P.A. 103-929) Sec. 10-1-47. An employee who has been on disability leave or military leave granted by the commission and who wishes to return to active duty in his certified position shall be credited with seniority for the period of such leave and, if otherwise qualified, shall be reinstated to his certified position at the rank or grade held at the start of the leave, not more than 60 days after his written request for reinstatement is filed with the commission. Such request shall be filed not more than 30 days after termination of the disability or military or naval service. Upon the chief of the police department's receipt of a certification under Section 3-116 of the Illinois Pension Code that a police officer is no longer disabled and is able to resume the duties of his or her position, the police officer shall report to the chief of the police department. The chief of the police department shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she was placed on a disability pension under Article 3 of the Illinois Pension Code. (Source: P.A. 103-929, eff. 1-1-25.) |
(65 ILCS 5/10-1-48) (from Ch. 24, par. 10-1-48)
Sec. 10-1-48.
This division is subject to the provisions of the Illinois
Police Training Act and the
provisions of the Illinois Fire Protection Training Act.
Public Act 78-951 is not a limit on any municipality which is
a home rule unit.
(Source: P.A. 102-558, eff. 8-20-21.)
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(65 ILCS 5/Art. 10 Div. 2.1 heading) DIVISION 2.1.
BOARD OF FIRE AND POLICE
COMMISSIONERS
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(65 ILCS 5/10-2.1-1) (from Ch. 24, par. 10-2.1-1)
Sec. 10-2.1-1.
Appointment-Terms of office.
In every municipality with a population of at least 5,000 and not more
than 250,000 which is not subject to Division 1 of this Article, and in
every municipality with a population of less than 5,000 which adopts this
Division 2.1 as provided in Section 10-2.1-27, including in either event
any municipality incorporated and existing under a special charter, the
mayor of the city, with the consent of the city council or the president of
the village or incorporated town, with the consent of the board of
trustees, shall appoint a board of fire and police commissioners. This
board shall consist of 3 members, whose terms of office shall be 3 years
and until their respective successors are appointed and have qualified,
except as provided in Section 10-2.1-2. No such appointment, however, shall
be made by any mayor or president within 30 days before the expiration of
his term of office.
(Source: P.A. 76-1445.)
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(65 ILCS 5/10-2.1-2) (from Ch. 24, par. 10-2.1-2)
Sec. 10-2.1-2.
First appointments.
Within 30 days after this Division 2.1 becomes effective in a
municipality, the mayor or president, as the case may be, shall appoint the
first members of the board. One of the members shall be appointed to serve
until the end of the then current municipal year, another to serve until
the end of the municipal year next ensuing, and the third to serve until
the end of the municipal year second next ensuing. But every member shall
serve until his successor is appointed and has qualified.
Vacancies on the board of fire and police commissioners shall be filled
in the same manner as the original appointment.
The board members shall elect a chairman to serve during the municipal
fiscal year.
A majority of the board constitutes a quorum for the conduct of all
business.
(Source: Laws 1967, p. 3422.)
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(65 ILCS 5/10-2.1-3) (from Ch. 24, par. 10-2.1-3)
Sec. 10-2.1-3.
Qualifications - Oath - Bond - Removal.
The members of the board shall be considered officers of the
municipality, and shall file an oath and a fidelity bond in such amount
as may be required by the governing body of the municipality.
No person holding an office under a municipality, shall be
a member of the board of fire and police commissioners or the Secretary
thereof. The acceptance of any such office by a member of the
board shall be treated as a resignation of his office as a member of the
board or the Secretary thereof. No person shall be appointed a member of
the board of fire and police commissioners who has been convicted of a
felony under the laws of this State or comparable laws of any other state
or the United States. No person shall be appointed a member of
the board of fire and police commissioners who is related, either by
blood or marriage up to the degree of first cousin, to any elected
official of such municipality. No more than 2 members of the board shall
belong to the same political party existing in such municipality at the
time of such appointments and as defined in Section 10-2 of The Election
Code. If only one or no political party exists in such municipality at
the time of such appointments, then state or national political party
affiliations shall be considered in making such appointments. Party
affiliation shall be determined by affidavit of the person appointed as
a member of the board.
Members shall not be subject to removal, except for cause, upon
written charges, and after an opportunity to be heard within 30 days in
his or their own defense, before a regular meeting of the governing body
of the municipality for which they have been appointed. A majority vote
of the elected members of such governing body shall be required to
remove any such member from office.
(Source: P.A. 87-423.)
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(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments; appointment of
members; certificates of appointments. The board of fire and police commissioners shall appoint all officers
and members of the fire and police departments of the municipality,
including the chief of police and the chief of the fire department,
unless the council or board of trustees shall by ordinance as to them
otherwise provide; except as otherwise provided in this Section, and
except that in any municipality which adopts or has
adopted this Division 2.1 and also adopts or has adopted Article 5 of
this Code, the chief of police and the chief of the fire department
shall be appointed by the municipal manager, if it is provided by
ordinance in such municipality that such chiefs, or either of them,
shall not be appointed by the board of fire and police commissioners.
If the chief of the fire department or the chief of the police department
or both of them are appointed in the manner provided by ordinance, they
may be removed or discharged by the appointing authority. In such case
the appointing authority shall file with the corporate authorities the reasons
for such removal or discharge, which removal or discharge shall not become
effective unless confirmed by a majority vote of the corporate authorities.
After January 1, 2019 (the effective date of Public Act 100-1126), a person shall not be appointed as the chief, the acting chief, the department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days unless he or she possesses the following qualifications and certifications: (1) Office of the State Fire Marshal Basic Operations | ||
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(2) a current certification from the International | ||
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(3) qualifications that meet the National Fire | ||
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(4) a minimum of 10 years' experience as a | ||
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This paragraph applies to fire departments that employ firefighters hired under the provisions of this Division. On and after January 1, 2019 (the effective date of Public Act 100-1126), a home rule municipality may not appoint a fire chief, an acting chief, a department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire department for greater than 180 days in a manner inconsistent with this paragraph. This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. If a member of the department is appointed chief of police or chief
of the fire department prior to being eligible to retire on pension, he
shall be considered as on furlough from the rank he held immediately
prior to his appointment as chief. If he resigns as chief or is
discharged as chief prior to attaining eligibility to retire on pension,
he shall revert to and be established in whatever rank he currently holds,
except for previously appointed positions, and thereafter
be entitled to all the benefits and emoluments of that rank,
without regard as to whether a vacancy then exists in that rank.
All appointments to each department other than that of the lowest
rank, however, shall be from the rank next below that to which the
appointment is made except as otherwise provided in this Section, and
except that the chief of police and the chief of the
fire department may be appointed from among members of the police and
fire departments, respectively, regardless of rank, unless the council
or board of trustees shall have by ordinance as to them otherwise provided.
A chief of police or the chief of the fire department, having been appointed
from among members
of the police or fire department, respectively, shall be permitted, regardless
of rank, to
take promotional
exams and be promoted to a higher classified rank than he currently holds,
without having to
resign as chief of police or chief of the fire department.
The sole authority to issue certificates of appointment shall be
vested in the Board of Fire and Police Commissioners and all
certificates of appointments issued to any officer or member of the fire
or police department of a municipality shall be signed by the chairman
and secretary respectively of the board of fire and police commissioners
of such municipality, upon appointment of such officer or member of the
fire and police department of such municipality by action of the board
of fire and police commissioners. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the Board of Fire and Police Commissioners. In any municipal fire department that employs full-time firefighters and is subject to a collective bargaining agreement, a person who has not qualified for regular appointment under the provisions of this Division 2.1 shall not be used as a temporary or permanent substitute for classified members of a municipality's fire department or for regular appointment as a classified member of a municipality's fire department unless mutually agreed to by the employee's certified bargaining agent. Such agreement shall be considered a permissive subject of bargaining. Municipal fire departments covered by the changes made by Public Act 95-490 that are using non-certificated employees as substitutes immediately prior to June 1, 2008 (the effective date of Public Act 95-490) may, by mutual agreement with the certified bargaining agent, continue the existing practice or a modified practice and that agreement shall be considered a permissive subject of bargaining. A home rule unit may not regulate the hiring of temporary or substitute members of the municipality's fire department in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
The term "policemen" as used in this Division does not include
auxiliary police officers except as provided for in Section 10-2.1-6.
Any full-time member of a regular fire or police department of any
municipality which comes under the provisions of this Division or adopts
this Division 2.1 or which has adopted any of the prior Acts pertaining to
fire and police commissioners, is a city officer.
Notwithstanding any other provision of this Section, the Chief of
Police of a department in a non-home rule municipality of more than 130,000
inhabitants may, without the advice or consent of the Board of
Fire and Police Commissioners, appoint up to 6 officers who shall be known
as deputy chiefs or assistant deputy chiefs, and whose rank shall be
immediately below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that municipality, but no
person who is not such a sworn officer may be so appointed. Such deputy
chief or assistant deputy chief shall have the authority to direct and
issue orders to all employees of the Department holding the rank of captain
or any lower rank.
A deputy chief of police or assistant deputy chief of police, having been
appointed from any rank
of sworn officers of that municipality, shall be permitted, regardless of rank,
to take promotional
exams and be promoted to a higher classified rank than he currently holds,
without having to
resign as deputy chief of police or assistant deputy chief of police.
Notwithstanding any other provision of this Section, a non-home rule
municipality of 130,000 or fewer inhabitants, through its council or board
of trustees, may, by ordinance, provide for a position of deputy chief to be
appointed by the chief of the police department. The ordinance shall provide
for no more than one deputy chief position if the police department has fewer
than 25 full-time police officers and for no more than 2 deputy chief positions
if the police department has 25 or more full-time police officers. The deputy
chief position
shall be an exempt rank immediately below that of Chief. The deputy chief may
be appointed from any rank of sworn, full-time officers of the municipality's
police department, but must have at least 5 years of full-time service as a
police officer in that department. A deputy chief shall serve at the
discretion of the Chief and, if removed from the position,
shall revert to the rank currently held, without regard as to whether a
vacancy exists in
that rank. A deputy chief
of police, having been appointed from any rank of sworn full-time officers of
that municipality's
police department, shall be permitted, regardless of rank, to take promotional
exams and be
promoted to a higher classified rank than he currently holds, without having to
resign as deputy
chief of police.
No municipality having a population less than 1,000,000 shall require
that any firefighter appointed to the lowest
rank serve a probationary employment period of longer than one year. The
limitation on periods of probationary employment provided in Public Act 86-990 is an exclusive power and function of the State.
Pursuant to subsection (h) of Section 6 of Article VII of the Illinois
Constitution, a home rule municipality having a population less than 1,000,000
must comply with this limitation on periods of probationary employment, which
is a denial and limitation of home rule powers. Notwithstanding anything to
the contrary in this Section, the probationary employment period limitation
may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
To the extent that this Section or any other Section in this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. (Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17; 100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(65 ILCS 5/10-2.1-5) (from Ch. 24, par. 10-2.1-5)
Sec. 10-2.1-5.
Rules-publications.
The board shall make rules (1) to carry out the purpose of this Division
2.1, and (2) for appointments and removals in accordance with the
provisions of this Division 2.1. The board, from time to time, may make
changes in these rules.
All these rules and changes therein shall be printed immediately for
distribution. The board shall give notice (1) of the places where the
printed rules may be obtained, and (2) of the date, not less than 10 days
subsequent to the time of publication, when the rules or changes therein
shall go into operation. This notice shall be published 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.
These rules of the board shall apply only to the conduct of examinations
for original appointments, for promotions, and to the conduct of hearings
on charges brought against a member of the police or fire department. No
such rule shall be made by the board to govern the operation of the police
or fire department or the conduct of its members unless the governing body
of the municipality specifically authorizes the board of fire and police
commissioners to make such rules; however, the governing body may also
rescind such authorization. The Board may, however, provide rules for the
appointment of persons at least 16 years of age to part-time positions
within the cadet training program of the fire department of the
municipality, provided such training program is conducted in conjunction
with the Diversified Occupational Program of the local High School District
and with the Illinois State Vocational Education System.
This amendatory Act of 1973 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 78-402.)
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(65 ILCS 5/10-2.1-5.1) (from Ch. 24, par. 10-2.1-5.1)
Sec. 10-2.1-5.1.
No municipality covered under this Division 2.1 may
make or enforce any rule or ordinance which will in any way inhibit or
prohibit any employee from exercising his full political rights to engage
in political activities, including the right to petition, make speeches,
campaign door to door, and to run for public office, so long as the
employee does not use his official position to coerce or influence others
and does not engage in these activities while he is at work on duty.
(Source: P.A. 84-1018.)
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(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
Sec. 10-2.1-6. Examination of applicants; disqualifications.
(a) All applicants for a position in either the fire or police department
of the municipality shall be under 35 years of age, shall be subject to an
examination that shall be public, competitive, and open to all applicants
(unless the council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state, or nation) and shall be subject to
reasonable limitations as to residence, health, habits, and moral character. An individual who is not a citizen but is legally authorized to work
in the United States under federal law or is an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process is authorized to apply for the position of police officer, subject to (i) all requirements and limitations, other than citizenship, to which other applicants are subject and (ii) the individual being authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm.
The municipality may not charge or collect any fee from an applicant who has
met all prequalification standards established by the municipality for any such
position. With respect to a police department, a veteran shall be allowed to exceed the maximum age provision of this Section by the number of years served on active military duty, but by no more than 10 years of active military duty.
(b) Residency requirements in effect at the time an individual enters the
fire or police service of a municipality (other than a municipality that
has more than 1,000,000 inhabitants) cannot be made more restrictive for
that individual during his period of service for that municipality, or be
made a condition of promotion, except for the rank or position of Fire or
Police Chief.
(c) No person with a record of misdemeanor convictions except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and (8) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrested for any cause but not
convicted on that cause shall be disqualified from taking the examination to
qualify for a position in the fire department on grounds of habits or moral
character.
(d) The age limitation in subsection (a) does not apply (i) to any person
previously employed as a policeman or fireman in a regularly constituted police
or fire department of (I) any municipality, regardless of whether the municipality is located in Illinois or in another state, or (II) a fire protection district
whose obligations were assumed by a municipality under Section 21 of the Fire
Protection District Act, (ii) to any person who has served a municipality as a
regularly enrolled volunteer fireman for 5 years immediately preceding the time
that municipality begins to use full time firemen to provide all or part of its
fire protection service, or (iii) to any person who has served as an auxiliary police officer under Section 3.1-30-20 for at least 5 years and is under 40 years of
age, (iv) to any person who has served as a deputy under Section 3-6008 of
the Counties Code and otherwise meets necessary training requirements, or (v) to any person who has served as a sworn officer as a member of the Illinois State Police.
(e) Applicants who are 20 years of age and who have successfully completed 2
years of law enforcement studies at an accredited college or university may be
considered for appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed to active duty
shall not have power of arrest, nor shall the applicant be permitted to carry
firearms, until he or she reaches 21 years of age.
(f) Applicants who are 18 years of age and who have successfully
completed 2 years of study in fire techniques, amounting to a total of 4
high school credits, within the cadet program of a municipality may be
considered for appointment to active duty with the fire department of any
municipality.
(g) The council or board of trustees may by ordinance provide
that persons residing outside the municipality are eligible to take the
examination.
(h) The examinations shall be practical in character and relate to
those matters that will fairly test the capacity of the persons examined
to discharge the duties of the positions to which they seek appointment. No
person shall be appointed to the police or fire department if he or she does
not possess a high school diploma or an equivalent high school education.
A board of fire and police commissioners may, by its rules, require police
applicants to have obtained an associate's degree or a bachelor's degree as a
prerequisite for employment. The
examinations shall include tests of physical qualifications and health. A board of fire and police commissioners may, by its rules, waive portions of the required examination for police applicants who have previously been full-time sworn officers of a regular police department in any municipal, county, university, or State law enforcement agency, provided they are certified by the Illinois Law Enforcement Training Standards Board and have been with their respective law enforcement agency within the State for at least 2 years. No
person shall be appointed to the police or fire department if he or she has
suffered the amputation of any limb unless the applicant's duties will be only
clerical or as a radio operator. No applicant shall be examined concerning his
or her political or religious opinions or affiliations. The examinations shall
be conducted by the board of fire and police commissioners of the municipality
as provided in this Division 2.1.
The requirement that a police applicant possess an associate's degree under this subsection may be waived if one or more of the following applies: (1) the applicant has served for 24 months of honorable active duty in the United States Armed Forces and has not been discharged dishonorably or under circumstances other than honorable; (2) the applicant has served for 180 days of active duty in the United States Armed Forces in combat duty recognized by the Department of Defense and has not been discharged dishonorably or under circumstances other than honorable; or (3) the applicant has successfully received credit for a minimum of 60 credit hours toward a bachelor's degree from an accredited college or university. The requirement that a police applicant possess a bachelor's degree under this subsection may be waived if one or more of the following applies: (1) the applicant has served for 36 months of honorable active duty in the United States Armed Forces and has not been discharged dishonorably or under circumstances other than honorable or (2) the applicant has served for 180 days of active duty in the United States Armed Forces in combat duty recognized by the Department of Defense and has not been discharged dishonorably or under circumstances other than honorable. (i) No person who is classified by his local selective service draft board
as a conscientious objector, or who has ever been so classified, may be
appointed to the police department.
(j) No person shall be appointed to the police or fire department unless he
or she is a person of good character and not an habitual drunkard, gambler, or
a person who has been convicted of a felony or a crime involving moral
turpitude. No person, however, shall be disqualified from appointment to the
fire department because of his or her record of misdemeanor convictions except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and (8) of subsection (a) of Section
24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrest for any cause without conviction on
that cause. Any such person who is in the department may be removed on charges
brought and after a trial as provided in this Division 2.1.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-357, eff. 1-1-24.)
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(65 ILCS 5/10-2.1-6.1) (from Ch. 24, par. 10-2.1-6.1)
Sec. 10-2.1-6.1.
A classifiable set of the fingerprints of every person who is now
employed, or who hereafter becomes employed, as a full time member of a
regular fire or police department of any municipality in this State,
whether with or without compensation, shall be furnished to the Illinois State Police and to the Federal Bureau
of Investigation by
the board of fire or police commissioners or other appropriate appointing
authority, as the case may be.
(Source: P.A. 102-538, eff. 8-20-21.)
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(65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)
Sec. 10-2.1-6.2.
Whenever the Board of Fire and Police Commissioners
is authorized or required by law to consider some aspect of criminal
history record information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the
request.
(Source: P.A. 102-538, eff. 8-20-21.)
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(65 ILCS 5/10-2.1-6.3) Sec. 10-2.1-6.3. Original appointments; full-time fire department. (a) Applicability. Unless a commission elects to follow the provisions of Section 10-2.1-6.4, this Section shall apply to all original appointments to an affected full-time fire department. Existing registers of eligibles shall continue to be valid until their expiration dates, or up to a maximum of 2 years after August 4, 2011 (the effective date of Public Act 97-251). Notwithstanding any statute, ordinance, rule, or other law to the contrary, all original appointments to an affected department to which this Section applies shall be administered in the manner provided for in this Section. Provisions of the Illinois Municipal Code, municipal ordinances, and rules adopted pursuant to such authority and other laws relating to initial hiring of firefighters in affected departments shall continue to apply to the extent they are compatible with this Section, but in the event of a conflict between this Section and any other law, this Section shall control. A home rule or non-home rule municipality may not administer its fire department process for original appointments in a manner that is less stringent than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. A municipality that is operating under a court order or consent decree regarding original appointments to a full-time fire department before August 4, 2011 (the effective date of Public Act 97-251) is exempt from the requirements of this Section for the duration of the court order or consent decree. Notwithstanding any other provision of this subsection (a), this Section does not apply to a municipality with more than 1,000,000 inhabitants. (b) Original appointments. All original appointments made to an affected fire department shall be made from a register of eligibles established in accordance with the processes established by this Section. Only persons who meet or exceed the performance standards required by this Section shall be placed on a register of eligibles for original appointment to an affected fire department. Whenever an appointing authority authorizes action to hire a person to perform the duties of a firefighter or to hire a firefighter-paramedic to fill a position that is a new position or vacancy due to resignation, discharge, promotion, death, the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final eligibility list. If the appointing authority has reason to conclude that the highest ranked person fails to meet the minimum standards for the position or if the appointing authority believes an alternate candidate would better serve the needs of the department, then the appointing authority has the right to pass over the highest ranked person and appoint either: (i) any person who has a ranking in the top 5% of the register of eligibles or (ii) any person who is among the top 5 highest ranked persons on the list of eligibles if the number of people who have a ranking in the top 5% of the register of eligibles is less than 5 people. Any candidate may pass on an appointment once without losing his or her position on the register of eligibles. Any candidate who passes a second time may be removed from the list by the appointing authority provided that such action shall not prejudice a person's opportunities to participate in future examinations, including an examination held during the time a candidate is already on the municipality's register of eligibles. The sole authority to issue certificates of appointment shall be vested in the board of fire and police commissioners. All certificates of appointment issued to any officer or member of an affected department shall be signed by the chairperson and secretary, respectively, of the board upon appointment of such officer or member to the affected department by action of the board. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the board of fire and police commissioners. Each person who accepts a certificate of appointment and successfully completes his or her probationary period shall be enrolled as a firefighter and as a regular member of the fire department. For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after August 4, 2011 (the effective date of Public Act 97-251) appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties or paramedic duties, or both, except that the following persons are not included: part-time firefighters; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties; and elected officials. (c) Qualification for placement on register of eligibles. The purpose of establishing a register of eligibles is to identify applicants who possess and demonstrate the mental aptitude and physical ability to perform the duties required of members of the fire department in order to provide the highest quality of service to the public. To this end, all applicants for original appointment to an affected fire department shall be subject to examination and testing which shall be public, competitive, and open to all applicants unless the municipality shall by ordinance limit applicants to residents of the municipality, county or counties in which the municipality is located, State, or nation. Any examination and testing procedure utilized under subsection (e) of this Section shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. Municipalities may establish educational, emergency medical service licensure, and other prerequisites for participation in an examination or for hire as a firefighter. Any municipality may charge a fee to cover the costs of the application process. Residency requirements in effect at the time an individual enters the fire service of a municipality cannot be made more restrictive for that individual during his or her period of service for that municipality, or be made a condition of promotion, except for the rank or position of fire chief and for no more than 2 positions that rank immediately below that of the chief rank which are appointed positions pursuant to the Fire Department Promotion Act. No person who is 35 years of age or older shall be eligible to take an examination for a position as a firefighter unless the person has had previous employment status as a firefighter in the regularly constituted fire department of the municipality, except as provided in this Section. The age limitation does not apply to: (1) any person previously employed as a full-time | ||
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(2) any person who has served a municipality as a | ||
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(3) any person who turned 35 while serving as a | ||
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No person who is under 21 years of age shall be eligible for employment as a firefighter. No applicant shall be examined concerning his or her political or religious opinions or affiliations. The examinations shall be conducted by the commissioners of the municipality or their designees and agents. No municipality shall require that any firefighter appointed to the lowest rank serve a probationary employment period of longer than one year of actual active employment, which may exclude periods of training, or injury or illness leaves, including duty related leave, in excess of 30 calendar days. Notwithstanding anything to the contrary in this Section, the probationary employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure. In the event that any applicant who has been found eligible for appointment and whose name has been placed upon the final eligibility register provided for in this Section has not been appointed to a firefighter position within one year after the date of his or her physical ability examination, the commission may cause a second examination to be made of that applicant's physical ability prior to his or her appointment. If, after the second examination, the physical ability of the applicant shall be found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed. The applicant's name may be retained upon the register of candidates eligible for appointment and when next reached for certification and appointment that applicant may be again examined as provided in this Section, and if the physical ability of that applicant is found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed, and the name of the applicant shall be removed from the register. (d) Notice, examination, and testing components. Notice of the time, place, general scope, merit criteria for any subjective component, and fee of every examination shall be given by the commission, by a publication at least 2 weeks preceding the examination: (i) 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, or (ii) on the municipality's Internet website. Additional notice of the examination may be given as the commission shall prescribe. The examination and qualifying standards for employment of firefighters shall be based on: mental aptitude, physical ability, preferences, moral character, and health. The mental aptitude, physical ability, and preference components shall determine an applicant's qualification for and placement on the final register of eligibles. The examination may also include a subjective component based on merit criteria as determined by the commission. Scores from the examination must be made available to the public. (e) Mental aptitude. No person who does not possess at least a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Examination of an applicant's mental aptitude shall be based upon a written examination. The examination shall be practical in character and relate to those matters that fairly test the capacity of the persons examined to discharge the duties performed by members of a fire department. Written examinations shall be administered in a manner that ensures the security and accuracy of the scores achieved. (f) Physical ability. All candidates shall be required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. For the purposes of this Section, essential functions of the job are functions associated with duties that a firefighter may be called upon to perform in response to emergency calls. The frequency of the occurrence of those duties as part of the fire department's regular routine shall not be a controlling factor in the design of examination criteria or evolutions selected for testing. These physical examinations shall be open, competitive, and based on industry standards designed to test each applicant's physical abilities in the following dimensions: (1) Muscular strength to perform tasks and evolutions | ||
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(2) The ability to climb ladders, operate from | ||
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(3) The ability to carry out critical, | ||
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The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests approved by the Joint Labor-Management Committee of the Office of the State Fire Marshal. Physical ability examinations administered under this Section shall be conducted with a reasonable number of proctors and monitors, open to the public, and subject to reasonable regulations of the commission. (g) Scoring of examination components. Appointing authorities may create a preliminary eligibility register. A person shall be placed on the list based upon his or her passage of the written examination or the passage of the written examination and the physical ability component. Passage of the written examination means attaining the minimum score set by the commission. Minimum scores should be set by the commission so as to demonstrate a candidate's ability to perform the essential functions of the job. The minimum score set by the commission shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. The appointing authority may conduct the physical ability component and any subjective components subsequent to the posting of the preliminary eligibility register. The examination components for an initial eligibility register shall be graded on a 100-point scale. A person's position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii) the
person's results on any subjective component as described in
subsection (d). In order to qualify for placement on the final eligibility register, an applicant's score on the written examination, before any applicable preference points or subjective points are applied, shall be at or above the minimum score as set by the commission. The local appointing authority may prescribe the score to qualify for placement on the final eligibility register, but the score shall not be less than the minimum score set by the commission. The commission shall prepare and keep a register of persons whose total score is not less than the minimum score for passage and who have passed the physical ability examination. These persons shall take rank upon the register as candidates in the order of their relative excellence based on the highest to the lowest total points scored on the mental aptitude, subjective component, and preference components of the test administered in accordance with this Section. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission. The list shall include the final grades of the candidates without reference to priority of the time of examination and subject to claim for preference credit. Commissions may conduct additional examinations, including without limitation a polygraph test, after a final eligibility register is established and before it expires with the candidates ranked by total score without regard to date of examination. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission showing the final grades of the candidates without reference to priority of time of examination and subject to claim for preference credit. (h) Preferences. The following are preferences: (1) Veteran preference. Persons who were engaged in | ||
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(2) Fire cadet preference. Persons who have | ||
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(3) Educational preference. Persons who have | ||
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(4) Paramedic preference. Persons who have obtained a | ||
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(5) Experience preference. All persons employed by a | ||
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Upon request by the commission, the governing body of | ||
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(6) Residency preference. Applicants whose principal | ||
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(7) Additional preferences. Up to 5 additional | ||
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(7.5) Apprentice preferences. A person who has | ||
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(8) Scoring of preferences. The commission may give | ||
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No person entitled to any preference shall be required to claim the credit before any examination held under the provisions of this Section, but the preference may be given after the posting or publication of the initial eligibility list or register at the request of a person entitled to a credit before any certification or appointments are made from the eligibility register, upon the furnishing of verifiable evidence and proof of qualifying preference credit. Candidates who are eligible for preference credit may make a claim in writing within 10 days after the posting of the initial eligibility list, or the claim may be deemed waived. Final eligibility registers may be established after the awarding of verified preference points. However, apprentice preference credit earned subsequent to the establishment of the final eligibility register may be applied to the applicant's score upon certification by the Joint Apprenticeship Committee to the commission and the rank order of candidates on the final eligibility register shall be adjusted accordingly. All employment shall be subject to the commission's initial hire background review, including, but not limited to, criminal history, employment history, moral character, oral examination, and medical and psychological examinations, all on a pass-fail basis. The medical and psychological examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended. Any person placed on an eligibility list who exceeds the age requirement before being appointed to a fire department shall remain eligible for appointment until the list is abolished, or his or her name has been on the list for a period of 2 years. No person who has attained the age of 35 years shall be inducted into a fire department, except as otherwise provided in this Section. The commission shall strike off the names of candidates for original appointment after the names have been on the list for more than 2 years. (i) Moral character. No person shall be appointed to a fire department unless he or she is a person of good character; not a habitual drunkard, a gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. However, no person shall be disqualified from appointment to the fire department because of the person's record of misdemeanor convictions except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrest for any cause without conviction thereon. Any such person who is in the department may be removed on charges brought for violating this subsection and after a trial as hereinafter provided. A classifiable set of the fingerprints of every person who is offered employment as a certificated member of an affected fire department whether with or without compensation, shall be furnished to the Illinois State Police and to the Federal Bureau of Investigation by the commission. Whenever a commission is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files as is necessary to fulfill the request. (j) Temporary appointments. In order to prevent a stoppage of public business, to meet extraordinary exigencies, or to prevent material impairment of the fire department, the commission may make temporary appointments, to remain in force only until regular appointments are made under the provisions of this Division, but never to exceed 60 days. No temporary appointment of any one person shall be made more than twice in any calendar year. (k) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Section, commits a violation of this Section and may be subject to charges for official misconduct. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the examination or discharged from the position to which he or she was appointed, as applicable, and otherwise subjected to disciplinary actions.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(65 ILCS 5/10-2.1-6.4) Sec. 10-2.1-6.4. Alternative procedure; original appointment; full-time firefighter. (a) Authority. The Joint Labor and Management Committee (JLMC), as defined in Section 50 of the Fire Department Promotion Act, may establish a community outreach program to market the profession of firefighter and firefighter-paramedic so as to ensure the pool of applicants recruited is of broad diversity and the highest quality. Nothing in this Section requires that the Joint Labor and Management Committee establish or operate the community outreach program or master register of eligibles, or to contract with a testing agency to establish or operate such program or register, unless the Joint Labor and Management Committee chooses to do so. For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after the effective date of this amendatory Act of the 97th General Assembly appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties or paramedic duties, or both, except that the following persons are not included: part-time firefighters; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties; and elected officials. (b) Eligibility. Persons eligible for placement on the master register of eligibles shall consist of the following: Persons who have participated in and received a | ||
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Qualified candidates shall be listed on the master | ||
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Any person currently employed as a full-time member | ||
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(c) Qualifications for placement on register of eligibles. The purpose for establishing a master register of eligibles shall be to identify applicants who possess and demonstrate the mental aptitude and physical ability to perform the duties required of members of the fire department in order to provide the highest quality of service to the public. To this end, all applicants for original appointment to an affected fire department through examination conducted by the Joint Labor and Management Committee (JLMC) shall be subject to examination and testing which shall be public, competitive, and open to all applicants. Any examination and testing procedure utilized under subsection (e) of this Section shall be supported by appropriate validation evidence and shall comply with all applicable state and federal laws. Any subjective component of the testing must be administered by certified assessors. All qualifying and disqualifying factors applicable to examination processes for local commissions in this amendatory Act of the 97th General Assembly shall be applicable to persons participating in Joint Labor and Management Committee examinations unless specifically provided otherwise in this Section. Notice of the time, place, general scope, and fee of every JLMC examination shall be given by the JLMC or designated testing agency, as applicable, by a publication at least 30 days preceding the examination, in one or more newspapers published in the region, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the region. The JLMC may publish the notice on the JLMC's Internet website. Additional notice of the examination may be given as the JLMC shall prescribe. (d) Examination and testing components for placement on register of eligibles. The examination and qualifying standards for placement on the master register of eligibles and employment shall be based on the following components: mental aptitude, physical ability, preferences, moral character, and health. The mental aptitude, physical ability, and preference components shall determine an applicant's qualification for and placement on the master register of eligibles. The consideration of an applicant's general moral character and health shall be administered on a pass-fail basis after a conditional offer of employment is made by a local commission. (e) Mental aptitude. Examination of an applicant's mental aptitude shall be based upon written examination and an applicant's prior experience demonstrating an aptitude for and commitment to service as a member of a fire department. Written examinations shall be practical in character and relate to those matters that fairly test the capacity of the persons examined to discharge the duties performed by members of a fire department. Written examinations shall be administered in a manner that ensures the security and accuracy of the scores achieved. Any subjective component of the testing must be administered by certified assessors. No person who does not possess a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Local commissions may establish educational, emergency medical service licensure, and other pre-requisites for hire within their jurisdiction. (f) Physical ability. All candidates shall be required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. For the purposes of this Section, essential functions of the job are functions associated with duties that a firefighter may be called upon to perform in response to emergency calls. The frequency of the occurrence of those duties as part of the fire department's regular routine shall not be a controlling factor in the design of examination criteria or evolutions selected for testing. These physical examinations shall be open, competitive, and based on industry standards designed to test each applicant's physical abilities in each of the following dimensions: (1) Muscular strength to perform tasks and evolutions | ||
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(2) The ability to climb ladders, operate from | ||
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(3) The ability to carry out critical, | ||
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The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests approved by the Joint Labor-Management Committee of the Office of the State Fire Marshal. (g) Scoring of examination components. The examination components shall be graded on a 100-point scale. A person's position on the master register of eligibles shall be determined by the person's score on the written examination, the person successfully passing the physical ability component, and the addition of any applicable preference points. Applicants who have achieved at least the minimum score as set by the JLMC, and who successfully pass the physical ability examination shall be placed on the initial eligibility register. Minimum scores should be set by the commission so as to demonstrate a candidate's ability to perform the essential functions of the job. The minimum score set by the commission shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. Applicable preference points shall be added to the written examination scores for all applicants who qualify for the initial eligibility register. Applicants who score at or above the minimum passing score as set by the JLMC, including any applicable preference points, shall be placed on the master register of eligibles by the JLMC. These persons shall take rank upon the register as candidates in the order of their relative excellence based on the highest to the lowest total points scored on the mental aptitude and physical ability components, plus any applicable preference points requested and verified by the JLMC, or approved testing agency. No more than 60 days after each examination, a revised master register of eligibles shall be posted by the JLMC showing the final grades of the candidates without reference to priority of time of examination. (h) Preferences. The board shall give military, education, and experience preference points to those who qualify for placement on the master register of eligibles, on the same basis as provided for examinations administered by a local commission. No person entitled to preference or credit shall be required to claim the credit before any examination held under the provisions of this Section. The preference shall be given after the posting or publication of the applicant's initial score at the request of the person before finalizing the scores from all applicants taking part in a JLMC examination. Candidates who are eligible for preference credit shall make a claim in writing within 10 days after the posting of the initial scores from any JLMC test or the claim shall be deemed waived. Once preference points are awarded, the candidates shall be certified to the master register in accordance with their final score including preference points. (i) Firefighter apprentice and firefighter-paramedic apprentice. The employment of an applicant to an apprentice position (including a currently employed full-time member of a fire department whose apprenticeship may be reduced or waived) shall be subject to the applicant passing the moral character standards and health examinations of the local commission. In addition, a local commission may require as a condition of employment that the applicant demonstrate current physical ability by either passing the local commission's approved physical ability examination, or by presenting proof of participating in and receiving a passing score on the physical ability component of a JLMC test within a period of up to 12 months before the date of the conditional offer of employment. Applicants shall be subject to the local commission's initial hire background review including criminal history, employment history, moral character, oral examination, and medical examinations which may include polygraph, psychological, and drug screening components, all on a pass-fail basis. The medical examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended. (j) Selection from list. Any municipality or fire protection district that is a party to an intergovernmental agreement under the terms of which persons have been tested for placement on the master register of eligibles shall be entitled to offer employment to any person on the list irrespective of their ranking on the list. The offer of employment shall be to the position of firefighter apprentice or firefighter-paramedic apprentice. Applicants passing these tests may be employed as a firefighter apprentice or a firefighter-paramedic apprentice who shall serve an apprenticeship period of 12 months or less according to the terms and conditions of employment as the employing municipality or district offers, or as provided for under the terms of any collective bargaining agreement then in effect. The apprenticeship period is separate from the probationary period. Service during the apprenticeship period shall be on a probationary basis. During the apprenticeship period, the apprentice's training and performance shall be monitored and evaluated by a Joint Apprenticeship Committee. The Joint Apprenticeship Committee shall consist of 4 members who shall be regular members of the fire department with at least 10 years of full-time work experience as a firefighter or firefighter-paramedic. The fire chief and the president of the exclusive bargaining representative recognized by the employer shall each appoint 2 members to the Joint Apprenticeship Committee. In the absence of an exclusive collective bargaining representative, the chief shall appoint the remaining 2 members who shall be from the ranks of company officer and firefighter with at least 10 years of work experience as a firefighter or firefighter-paramedic. In the absence of a sufficient number of qualified firefighters, the Joint Apprenticeship Committee members shall have the amount of experience and the type of qualifications as is reasonable given the circumstances of the fire department. In the absence of a full-time member in a rank between chief and the highest rank in a bargaining unit, the Joint Apprenticeship Committee shall be reduced to 2 members, one to be appointed by the chief and one by the union president, if any. If there is no exclusive bargaining representative, the chief shall appoint the second member of the Joint Apprenticeship Committee from among qualified members in the ranks of company officer and below. Before the conclusion of the apprenticeship period, the Joint Apprenticeship Committee shall meet to consider the apprentice's progress and performance and vote to retain the apprentice as a member of the fire department or to terminate the apprenticeship. If 3 of the 4 members of the Joint Apprenticeship Committee affirmatively vote to retain the apprentice (if a 2 member Joint Apprenticeship Committee exists, then both members must affirmatively vote to retain the apprentice), the local commission shall issue the apprentice a certificate of original appointment to the fire department. (k) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Section, commits a violation of this Section and may be subject to charges for official misconduct. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the examination or discharged from the position to which he or she was appointed, as applicable, and otherwise subjected to disciplinary actions. (l) Applicability. This Section does not apply to a municipality with more than 1,000,000 inhabitants.
(Source: P.A. 102-188, eff. 1-1-22.) |
(65 ILCS 5/10-2.1-7) (from Ch. 24, par. 10-2.1-7)
Sec. 10-2.1-7.
Exemption from examination.
Any full time member of a regular fire or police department of any
municipality which comes under the provisions of this Division or adopts
this Division 2.1 or which has adopted any of the prior Acts pertaining to
fire and police commissioners, or a full time member of a regular fire
department of a fire protection district whose obligations were assumed by
a municipality under Section 21 of "An Act in Relation to Fire Protection
Districts", who has served at least one year as a full time member of such
department, shall become a member of the classified service of the fire or
police department respectively, in the position held by him at the time
such department or municipality comes under the provisions of this
Division, without examination.
(Source: P.A. 77-244; 77-1438.)
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(65 ILCS 5/10-2.1-7.1) (from Ch. 24, par. 10-2.1-7.1)
Sec. 10-2.1-7.1.
Persons transferred from the employment of a fire protection district by
virtue of an Act entitled "An Act in Relation to Fire Protection Districts"
under Section 21 as now or hereafter amended, shall without examination be
assigned to the positions in the classified civil service or under the Fire
and Police Commissioners Act of the municipality so far as may be
practicable, having duties and responsibilities equivalent to their fire
protection district employment. For the purpose of establishing the civil
service status or classified service status under the board of fire and
police commissioners of firemen transferred to the municipality, the rank
of Chief of the Fire Department shall not be recognized. The appointment of
the Chief of the Fire Department shall be subject to the ordinances of the
transferee municipality in the appointment of the same. Employees so
transferred shall have the same standing, grade, class or rank which they
held in the classified service of the fire protection district from which
they were transferred. For the purpose of determining seniority and class,
grade or rank, each employee shall be credited with the time served by him
on the date of such transfer and shall be given the position in the
classified service as nearly comparable in responsibilities and duties to
his former employment as it may be possible to approximate.
(Source: P.A. 77-244; 77-1438.)
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(65 ILCS 5/10-2.1-8) (from Ch. 24, par. 10-2.1-8)
Sec. 10-2.1-8. Veteran's and educational preference.
Persons who have successfully
obtained an associate's degree in the field of law enforcement, criminal
justice, fire service, or emergency medical services, or a bachelor's degree
from an accredited college or university; persons who
have been awarded a certificate attesting to the successful completion
of the Minimum Standards Basic Law Enforcement Training Course as provided in
the Illinois Police Training Act and are currently serving as a law enforcement
officer on a part-time or full-time basis within the State of Illinois; and persons who were engaged in
the active military or naval service of the United States for a period of at least
one year and who were honorably discharged therefrom, or who are now or may
hereafter be on inactive or reserve duty in such military or naval service
(not including, however, in the case of offices, positions and places of
employment in the police department, persons who were convicted by
court-martial of disobedience of orders, where such disobedience consisted
in the refusal to perform military service on the ground of religious or
conscientious objections against war) shall be preferred for appointments
to offices, positions, and places of employment in the fire and police
departments of the municipality coming under the provisions of this
Division 2.1. For purposes of this Section, if a person has been deployed, then "active duty military or naval service of the United States" includes training and service school attendance, as defined in 10 U.S.C. 101(d), which is ordered pursuant to 10 U.S.C. 12301(d). The preference points awarded under this Section shall not be
cumulative.
This amendatory Act of 1973 does not apply to any municipality which is
a home rule unit. Persons who have participated in that municipality's police explorer or cadet program may be preferred, for a maximum of 2 points, for appointments to offices, positions, and places of employment in municipal police departments under the provisions of this Division.
(Source: P.A. 98-231, eff. 8-9-13.)
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(65 ILCS 5/10-2.1-9) (from Ch. 24, par. 10-2.1-9)
Sec. 10-2.1-9.
Original appointments; Preferences; Limitation.
(a) The board of fire and police commissioners shall give preference for
original appointment to persons designated in Section 10-2.1-8 whose names
appear on any register of eligibles resulting from an examination for
original entrance in the classified service of the fire and police
departments of any municipality coming under the provisions of this
Division 2.1 by adding to the final grade average which they receive or
will receive as the result of any examination held for original entrance, 5
points. The board shall also give preference to persons eligible under
subsection (b) as provided in that subsection. The numerical result thus
attained shall be applied by the board of fire and police commissioners in
determining the position of such persons on any eligibility list which has been
created as the result of any examination for original entrance for purposes of
preference in certification and appointment from such eligibility list. The
board shall strike off the names of candidates for original appointment after
such names have been on the list for more than 2 years.
(b) All persons who, on or after the effective date of this amendatory Act
of 1993, have been paid-on-call certified firefighters II, paramedics, or any
combination of those capacities, of the municipality shall be awarded 0.5 point
for each year of successful service in one or more of those capacities, up to a
maximum of 5 points at the time of examination for original appointment to the
classified service of the fire department. Certified firefighters III shall be
awarded one point per year up to a maximum of 5 points. Applicants from
outside the municipality who were employed as full-time firefighters or
firefighter-paramedics by a fire protection district or another municipality
for at least 2 years shall have the same preference as paid-on-call personnel.
These additional points presuppose a rating scale totalling 100 points
available for the eligibility list. If more or fewer points are used in the
rating scale for the eligibility list, the points awarded under this subsection
shall be increased or decreased by a factor equal to the total possible points
available for the examination divided by 100.
No person entitled to additional points under this subsection shall be
required to claim that preference or credit before an examination
is held. The preference shall be given after the posting or publication of the
eligibility list. To qualify for the preference, applicants who are eligible
for credit under this subsection shall make a claim for that credit, in
writing, within 10 days after the posting of the eligibility list, or the claim
shall be deemed waived. Upon request by the board of fire and police
commissioners, the governing body of the municipality or (in the case of
applicants from outside the municipality) the governing body of any fire
protection district or any other municipality shall certify to the board of
fire and police commissioners, within 10 days of the request, the number of
years of successful paid-on-call service of any person. A candidate may not
receive preference points under this subsection if the amount of points awarded
would place the candidate before a veteran on the eligibility list.
(Source: P.A. 88-440.)
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(65 ILCS 5/10-2.1-10) (from Ch. 24, par. 10-2.1-10)
Sec. 10-2.1-10.
Promotional preferences.
Every member of the classified service of the fire or police department
of any municipality coming under the provisions of this Division 2.1 who
was engaged in a military or naval service of the United States at anytime
for a period of one year, and who was honorably discharged therefrom, who
is now or who may hereafter be on inactive or reserve duty in such military
or naval service, not including, however, persons who were convicted by
court-martial of disobedience of orders where such disobedience consisted
in the refusal to perform military service on the ground of alleged
religious or conscientious objections against war, and whose name appears
on existing promotional eligibility registers or any promotional
eligibility register that may hereafter be created as provided for by this
Division 2.1 shall be preferred for promotional appointments of the fire or
police department of any municipality coming under the provisions of this
Division 2.1.
(Source: P.A. 76-1898.)
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(65 ILCS 5/10-2.1-11) (from Ch. 24, par. 10-2.1-11)
Sec. 10-2.1-11.
Promotional examinations-Credits to veterans.)
The board of fire and police commissioners shall give preference for
promotional appointment to persons designated in Section 10-2.1-10 whose
names appear on promotional eligibility registers by adding to the final
grade average which they will receive as a result of any promotional
examination 7/10 of one point for each 6 months or fraction thereof of
military or naval service not exceeding 30 months. The numerical result
thus attained shall be applied by the board of fire and police
commissioners in determining the position of such persons on any
eligibility list as the result of any promotional examination held for
purposes of preference in certification and appointment from such
eligibility list.
No person shall receive the preference for a promotional appointment
granted by this Division 2.1 after he has received one
promotion from an eligibility list on which he was allowed such preference.
(Source: P.A. 79-702.)
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(65 ILCS 5/10-2.1-12) (from Ch. 24, par. 10-2.1-12)
Sec. 10-2.1-12.
Preference-time for allowance.
No person entitled to preference or credit for military or naval service
shall be required to claim military credit for service in the armed forces
before any examination held under the provisions of this Division 2.1 but
such preference shall be given after the posting or publication of the
eligibility list or register at the request of such person before any
certification or appointments are made from the eligibility register, upon
the furnishing of evidence of an honorable discharge from and proof of such
service.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-13) (from Ch. 24, par. 10-2.1-13)
Sec. 10-2.1-13.
Notice of examination.
Notice of the time and place of every examination shall be given by the
board by a publication at least 2 weeks preceding the examination, 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, except on promotional examinations,
notice may be waived in writing by all members of the fire or police
department, for which the promotional examination is to be given.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
Sec. 10-2.1-14. Register of eligibles. The board of fire and police
commissioners shall prepare and keep a register of persons whose general
average standing, upon examination, is not less than the minimum fixed by the
rules of the board, and who are otherwise eligible. These persons shall take
rank upon the register as candidates in the order of their relative excellence
as determined by examination, without reference to priority of time of
examination.
The board of fire and police commissioners may prepare and keep a second register of persons who have previously been full-time sworn officers of a regular police department in any municipal, county, university, or State law enforcement agency, provided they are certified by the Illinois Law Enforcement Training Standards Board and have been with their respective law enforcement agency within the State for at least 2 years. The persons on this list shall take rank upon the register as candidates in the order of their relative excellence as determined by members of the board of fire and police commissioners. Applicants who have been awarded a certificate attesting to their successful
completion of the Minimum Standards Basic Law Enforcement Training Course, as
provided in the Illinois Police Training Act, may be given preference in
appointment over noncertified applicants. Applicants for appointment to fire departments who are licensed as an EMT, EMT-I, A-EMT, or paramedic under the Emergency Medical Services (EMS) Systems Act, may be given preference in appointment over non-licensed applicants.
Within 60 days after each examination, an eligibility list
shall be posted by the board, which shall show the final grades of
the candidates without reference to priority of time of examination
and subject to claim for military credit. Candidates who are
eligible for military credit shall make a claim in writing within 10 days after
the posting of the eligibility list or such claim shall be deemed waived.
Appointment shall be subject to a final physical examination.
If a person is placed on an eligibility list and becomes overage before he
or she is appointed to a police or fire department, the person remains eligible
for appointment until the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years shall be inducted as a
member of a police department and no person who has attained the age of 35
years shall be inducted as a member of a fire department, except as otherwise
provided in this division. With respect to a police department, a veteran shall be allowed to exceed the maximum age provision of this Section by the number of years served on active military duty, but by no more than 10 years of active military duty.
(Source: P.A. 98-973, eff. 8-15-14.)
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(65 ILCS 5/10-2.1-15) (from Ch. 24, par. 10-2.1-15)
Sec. 10-2.1-15.
The board, by its rules, shall provide for promotion in the
fire and police departments on the basis of ascertained merit and seniority
in service and examination, and shall provide in all cases, where it is
practicable, that vacancies shall be filled by promotion. All examinations
for promotion shall be competitive among such members of the next lower
rank as desire to submit themselves to examination. All promotions shall be
made from the 3 having the highest rating, and where there are less than 3
names on the promotional eligible register, as originally posted, or
remaining thereon after appointments have been made therefrom, appointments
to fill existing vacancies shall be made from those names or name remaining
on the promotional register except that promotions made in any municipality
with more than 130,000 but less than 2,000,000 population may be made from
the 7 members having the highest rating. The method of examination and the rules
governing examinations for promotion shall be the same as provided for
applicants for original appointment, except that original appointments only
shall be on probation, as provided by the rules. The board shall strike off
the names of candidates for promotional appointment after they have
remained thereon for more than 3 years, provided there is no vacancy
existing which can be filled from the promotional register.
(Source: P.A. 83-761.)
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(65 ILCS 5/10-2.1-16) (from Ch. 24, par. 10-2.1-16)
Sec. 10-2.1-16.
Temporary appointments.
In order to prevent a stoppage of public business, to meet extraordinary
exigencies, or to prevent material impairment of either the police or fire
department, the board may make temporary appointments, to remain in force
until regular appointments may be made under the provisions of this
Division 2.1, but never to exceed 60 days. No temporary appointment of any
one person shall be made more than twice in any calendar year.
(Source: Laws 1967, p. 3437.)
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(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
Sec. 10-2.1-17. Removal or discharge; investigation of charges;
retirement. Except as hereinafter provided, no officer or member of the fire
or police department of any municipality subject to this Division 2.1 shall be
removed or discharged except for cause, upon written charges, and after an
opportunity to be heard in his own defense.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. Such
bargaining shall be mandatory unless the parties mutually agree otherwise. Any such alternative agreement shall be permissive.
If the chief of the fire department or the chief of the police department or
both of them are appointed in the manner provided by ordinance, they may be
removed or discharged by the appointing authority. In such case the appointing
authority shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not become effective
unless confirmed by a majority vote of the corporate authorities. The board of
fire and police commissioners shall conduct a fair and impartial hearing of
the charges, to be commenced within 30 days of the filing thereof, which
hearing may be continued from time to time. In case an officer or member
is found guilty, the board may discharge him, or may suspend him not
exceeding 30 days without pay. The board may suspend any officer or
member pending the hearing with or without pay, but not to exceed 30
days. If the Board of Fire and Police Commissioners determines that the
charges are not sustained, the officer or member shall be reimbursed for
all wages withheld, if any. In the conduct of this hearing, each member
of the board shall have power to administer oaths and affirmations, and
the board shall have power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers
relevant to the hearing.
The age for retirement of policemen or firemen in the service of any
municipality which adopts this Division 2.1 is 65 years, unless the
Council or Board of Trustees shall by ordinance provide for an earlier
retirement age of not less than 60 years.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the board of
fire and police commissioners hereunder. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Nothing in this Section shall be construed to prevent the chief of
the fire department or the chief of the police department from
suspending without pay a member of his department for a period of not
more than 5 calendar days, but he shall notify the board in writing of such
suspension.
The hearing shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as a term of
a collective bargaining agreement. Such
bargaining shall be
mandatory unless the parties mutually agree otherwise. Any such alternative agreement shall be permissive.
Any policeman or fireman so suspended may appeal to the board of fire and
police commissioners for a review of the suspension within 5 calendar days
after such suspension, and upon such appeal, the board may sustain the action
of the chief of the department, may reverse it with instructions that the man
receive his pay for the period involved, or may suspend the officer for an
additional period of not more than 30 days or discharge him, depending upon
the facts presented.
(Source: P.A. 95-356, eff. 8-23-07.)
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(65 ILCS 5/10-2.1-17.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 10-2.1-17.5. Disability as a cause for discharge; prohibited. A physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under Article 3 of the Illinois Pension Code may not be used, in whole or in part, as a cause for a municipality to discharge a police officer.(Source: P.A. 103-929, eff. 1-1-25.) |
(65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
Sec. 10-2.1-18. Fire or police departments - Reduction of force -
Reinstatement. When the force of the fire department or of the police
department is reduced, and positions displaced or abolished, seniority
shall prevail and the officers and members so reduced in rank, or removed
from the service of the fire department or of the police department shall
be considered furloughed without pay from the positions from which they
were reduced or removed.
Such reductions and removals shall be in strict compliance with
seniority and in no event shall any officer or member be reduced more than
one rank in a reduction of force. Officers and members with the least
seniority in the position to be reduced shall be reduced to the next lower
rated position. For purposes of determining which officers and members
will be reduced in rank, seniority shall be determined by adding the time
spent at the rank or position from which the officer or member is to be
reduced and the time spent at any higher rank or position in the
Department. For purposes of determining which officers or members in the
lowest rank or position shall be removed from the Department in the event
of a layoff, length of service in the Department shall be the basis for
determining seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members laid off shall
have their names placed on an appropriate reemployment list in the reverse
order of dates of layoff.
If any positions which have been vacated because of reduction in forces
or displacement and abolition of positions, are reinstated, such members
and officers of the fire department or of the police department as are
furloughed from the said positions shall be notified by the board by
registered mail of such reinstatement of positions and shall have prior
right to such positions if otherwise qualified, and in all cases seniority
shall prevail. Written application for such reinstated position must be
made by the furloughed person within 30 days after notification as above
provided and such person may be required to submit to examination by
physicians, advanced practice registered nurses, or physician assistants of both the board of fire and police commissioners and the
appropriate pension board to determine his physical fitness.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
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(65 ILCS 5/10-2.1-19) (from Ch. 24, par. 10-2.1-19)
Sec. 10-2.1-19.
Annual report-budget request.
Annually, at any time the corporate authorities may provide, the board
of fire and police commissioners shall submit to the mayor or president a
report of its activities, and of the rules in force and the practical
effect thereof. In this report the board may make suggestions which the
board believes would result in greater efficiency in the fire or police
department. The board shall also submit an annual budget request to the
municipal governing body prior to the end of each fiscal year. The mayor or
president shall transmit the report to the city council or board of
trustees.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-20) (from Ch. 24, par. 10-2.1-20)
Sec. 10-2.1-20.
Secretary of board-duties-seal of board.
The board may employ a secretary, or may designate one of its own
members to act as secretary. The secretary (1) shall keep the minutes of
the board's proceedings, (2) shall be the custodian of all records
pertaining to the business of the board, (3) shall keep a record of all
examinations held, (4) shall perform all other duties the board prescribes,
and (5) shall be custodian of the seal of the board, if one is adopted, and
the board is hereby authorized to adopt an official seal and to prescribe
the form thereof by resolution of the board.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-21) (from Ch. 24, par. 10-2.1-21)
Sec. 10-2.1-21.
Rooms and funds for operation of boards.
The corporate authorities shall provide suitable rooms for the board of
fire and police commissioners, and shall allow reasonable use of public
buildings for holding examinations by the board and shall further provide
adequate funds in the annual appropriation ordinance for the operation of
the board.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-22) (from Ch. 24, par. 10-2.1-22)
Sec. 10-2.1-22.
Compensation of secretary and members of board.
The secretary may be paid a reasonable compensation for his services, to
be fixed by the corporate authorities. The corporate authorities may also
fix the compensation to be paid to the members of the board, but until the
corporate authorities make provision therefor, the members of the board
shall serve without compensation.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-23) (from Ch. 24, par. 10-2.1-23)
Sec. 10-2.1-23.
Disability or military leave-Grant by board.
A person holding a position in a fire or police department who is
injured while in the performance of his duties and because of such injury
is temporarily unable to continue to perform his duties or who enters the
military or naval service of the United States because of a war in which
the United States is a party belligerent or as required by any Act of
Congress shall, upon written application to the board, be granted a
disability or military leave, as the case may be.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-24) (from Ch. 24, par. 10-2.1-24) (Text of Section before amendment by P.A. 103-929) Sec. 10-2.1-24. Return to active duty. A person who has been on disability or military leave granted by the
board and who wishes to return to active duty in his certified position
shall be credited with seniority for the period of such leave and, if
otherwise qualified, shall be reinstated to his certified position at the
rank or grade held at the start of the leave, not more than 60 days after
his written request for reinstatement is filed with the board. Such request
shall be filed not more than 30 days after termination of the disability or
military or naval service.(Source: Laws 1965, p. 2840.) (Text of Section after amendment by P.A. 103-929) Sec. 10-2.1-24. Return to active duty. A person who has been on disability or military leave granted by the board and who wishes to return to active duty in his certified position shall be credited with seniority for the period of such leave and, if otherwise qualified, shall be reinstated to his certified position at the rank or grade held at the start of the leave, not more than 60 days after his written request for reinstatement is filed with the board. Such request shall be filed not more than 30 days after termination of the disability or military or naval service. Upon receipt of a certification under Section 3-116 of the Illinois Pension Code that a police officer is no longer disabled and is able to resume the duties of his or her position, the police officer shall then report to the chief of the police department. The chief of the police department shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she was placed on a disability pension under Article 3 of the Illinois Pension Code. (Source: P.A. 103-929, eff. 1-1-25.) |
(65 ILCS 5/10-2.1-25) (from Ch. 24, par. 10-2.1-25)
Sec. 10-2.1-25.
Attorney for board.
The municipal attorney, in the event there is a separate attorney
designated as a prosecutor for such municipality, shall represent the board
unless the board is authorized by the municipality to employ its own
attorney, and such attorney shall handle prosecutions before the board, but
in the event that the municipal attorney shall both represent the
municipality and be prosecutor in such municipality, then and in such event
the governing body is hereby authorized to employ an attorney of its own
choosing to represent said board.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-26) (from Ch. 24, par. 10-2.1-26)
Sec. 10-2.1-26.
Application of the Act.
The provisions of this Division shall apply only to full-time firemen
and full-time policemen of a regularly constituted fire or police
department and not to any other personnel of any kind or description.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-27) (from Ch. 24, par. 10-2.1-27)
Sec. 10-2.1-27.
Adoption.
The electors of any municipality with less than 5,000 inhabitants may
adopt this Division 2.1 in the following manner: Whenever the electors
of such a municipality equal in number to 20% of the number of legal
votes cast at the last preceding general municipal election petition the
municipal clerk
to submit the proposition whether that municipality shall adopt this
Division 2.1, then the clerk shall
certify the proposition to the proper election authority
for submission at an election
in accordance with the general election law. If the proposition is
not adopted at that election, it may be submitted in like manner at any
general municipal election thereafter.
The proposition shall be substantially in the following form:
Shall the city (or villageor incorporated town) of.... YESadopt Division 2.1 of Article 10of the Illinois Municipal Code providing for the appointmentof a board of fire and NOpolice commissioners?
If a majority of the votes cast on this proposition at any such
election are for the proposition, this Division 2.1 is adopted in that
municipality.
(Source: P.A. 81-1489.)
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(65 ILCS 5/10-2.1-28) (from Ch. 24, par. 10-2.1-28)
Sec. 10-2.1-28.
Savings clause-construction.
The repeal of a statute or part thereof by this Act shall not affect any
action pending or rights existing at the time this Act takes effect.
The provisions of this Act insofar as they are the same or substantially
the same as those of any prior statute, shall be construed as a
continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a Section of such an Act, which is continued in this Division,
such reference shall be held to refer to the Division or Section thereof so
continued in this Division.
(Source: Laws 1965, p. 2840.)
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(65 ILCS 5/10-2.1-29) (from Ch. 24, par. 10-2.1-29)
Sec. 10-2.1-29.
Governing provisions.
This Division is subject to the provisions of the "Illinois Police
Training Act", approved August 18, 1965 and the provisions of the "Illinois
Fire Protection Training Act", certified November 9, 1971.
This amendatory Act of 1973 is not a limit on any municipality which is
a home rule unit.
(Source: P.A. 78-951.)
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(65 ILCS 5/10-2.1-30) (from Ch. 24, par. 10-2.1-30)
Sec. 10-2.1-30.
Any full time member of a regular fire department of a Fire
Protection
District which was discontinued and whose obligations were assumed by a
municipality under Section 21 of "An Act in Relation to Fire Protection
Districts", who has served at least one year as a full time member of such
department, shall become a member of the classified service of the fire
department in the municipality in the position held by him at the time of
such discontinuance, without examination and age limitation.
(Source: P.A. 77-244; 77-1438.)
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(65 ILCS 5/10-2.1-31) Sec. 10-2.1-31. Emergency medical technician licensure. The corporate authorities of any municipality may require that all firefighters hired by the municipality on or after January 1, 2009 (the effective date of Public Act 95-935) be licensed as an EMT, EMT-I, A-EMT, or paramedic under the Emergency Medical Services (EMS) Systems Act.
(Source: P.A. 98-973, eff. 8-15-14.) |
(65 ILCS 5/Art. 10 Div. 3 heading) DIVISION 3.
HOURS, WAGES AND WORKING
CONDITIONS OF POLICEMEN AND FIREMEN
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(65 ILCS 5/10-3-1) (from Ch. 24, par. 10-3-1)
Sec. 10-3-1. The salary to be paid to a policeman in any municipality with
5,000 or more inhabitants but with less than 25,000 inhabitants, shall be
not less than $500 per month. The salary to be paid to a policeman in any
municipality with 25,000 or more inhabitants but with less than 50,000
inhabitants shall be not less than $550 per month. The salary to be paid to
a policeman in any municipality with 50,000 or more inhabitants but with
less than 250,000 inhabitants shall be not less than $600 per month.
In this Section 10-3-1 "policeman" means any member of a regularly
constituted police department of a municipality, sworn and commissioned to
perform police duties, and includes the chief of police, assistant chief of
police, chief of detectives, captains, lieutenants, sergeants, plain
clothes men and patrolmen. The term "policeman" as used in this Section
10-3-1 does not include any of the following persons: Part time policemen,
special policemen, auxiliary police officers, policemen serving initial
probationary periods, night watchmen, temporary employees, clerks or other
civilian employees of a police department, traffic guards, civilian parking
meter and parking facilities personnel or so-called auxiliary police officers
specially appointed to aid or direct traffic at or near schools or public
functions, or to aid in civilian defense, or special policemen temporarily
employed or commissioned as police officers.
(Source: P.A. 94-984, eff. 6-30-06.)
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(65 ILCS 5/10-3-2) (from Ch. 24, par. 10-3-2)
Sec. 10-3-2.
The salary to be paid to a fireman in any municipality with 5,000 or
more inhabitants but with less than 25,000 inhabitants, shall be not less
than $500 per month. The salary to be paid to a fireman in any municipality
with 25,000 or more inhabitants but with less than 50,000 inhabitants,
shall be not less than $550 per month. The salary to be paid to a fireman
in any municipality with 50,000 or more inhabitants but with less than
250,000 inhabitants shall be not less than $600 per month.
In this Section 10-3-2, "fireman" means any member of a regularly
constituted fire department of a municipality, appointed or commissioned to
perform fire fighting duties, and includes the fire chief, assistant fire
chief, captain, engineer, driver, ladder man, hose man, pipe man, and any
other member of a regularly constituted fire department. The term "fireman"
as used in this Section 10-3-2 does not mean any cadet, special fireman
temporarily employed or firemen serving initial probationary periods.
This amendatory Act of 1973 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 78-402.)
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(65 ILCS 5/10-3-3) (from Ch. 24, par. 10-3-3)
Sec. 10-3-3.
Subject to the exemptions enumerated in Section 10-3-4, no person
employed in the fire department of any municipality having a population of
over 10,000 shall be required to remain on duty in his employment for
periods of time which, in the aggregate in any month, amount to more than
56 hours for each week in that month.
(Source: P.A. 77-527.)
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(65 ILCS 5/10-3-3.1) Sec. 10-3-3.1. Distinct police and fire duties. A non-home rule municipality shall not assign a "fireman", as defined in Section 10-3-2, to perform police duties or a "policeman", as defined in Section 10-3-1, to perform firefighting duties or in any way combine the duties of a fireman or a policeman after his or her appointment from a police department or fire department register of eligibles. A non-home rule municipality shall not administer its fire department's or police department's regular work assignments in a manner inconsistent with this Section. This Section does not apply to any municipality that created a department of public safety before January 1, 1998.
(Source: P.A. 94-720, eff. 1-6-06.) |
(65 ILCS 5/10-3-4) (from Ch. 24, par. 10-3-4)
Sec. 10-3-4.
The provisions of Section 10-3-3 do not apply:
(1) To the person in command of a municipal fire | ||
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(2) To employees of a fire department who are | ||
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(3) To the members or employees of a fire department, | ||
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(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-3-5) (from Ch. 24, par. 10-3-5)
Sec. 10-3-5.
Any mayor, president, commissioner, alderperson, or trustee, who
violates the provisions of Section 10-3-3, is guilty of a Class B
misdemeanor.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/10-3-6) (from Ch. 24, par. 10-3-6)
Sec. 10-3-6.
In all cities and villages which have adopted "An Act to
regulate the hours of labor of employees in the fire department in cities
and villages," approved June 26, 1913, as therein provided for, or which
adopt this section as provided for in Section 10-3-7, no employee of the
fire department shall be compelled to be on duty more than 10 consecutive
hours during the period between sunrise and sunset, nor more than 14
consecutive hours during the period between sunset and sunrise.
The head or chief officer of the department shall so arrange the working
hours of the employees of the department that each employee shall work, as
near as may be, an equal number of hours per month. However, the head or
chief officer of the department, his aids or assistants, in their
discretion, in cases of great emergency or necessity, may require the
employees to continue at their work or duties until, in the judgment of the
head or chief of the department, his aids or assistants, the work or
services of the employees is no longer required.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-3-7) (from Ch. 24, par. 10-3-7)
Sec. 10-3-7.
The electors of any city or village may adopt the
provisions of Section 10-3-6 in the following manner: Whenever the
electors in any city or village equal in number to 5% of the number of
legal votes cast at the last preceding general municipal election
petition the city or village clerk for the submission of the proposition as
to whether that city
or village shall adopt the provisions of Section 10-3-6 of the Illinois
Municipal Code, that clerk shall certify
the proposition for submission at the next
succeeding general municipal election, and if the proposition is not
adopted at that election it may be submitted in like manner at any
general municipal election thereafter.
The proposition shall be in substantially the following form:
Shall the provisions of Section10-3-6 of the Illinois Municipal Code, YESproviding for the regulation of working hours of employees in the NOfire department, be adopted?
If a majority of the electors in the municipality voting thereon vote
for the adoption of Section 10-3-6, it is adopted by and shall be in
force in that municipality.
(Source: P.A. 81-1489.)
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(65 ILCS 5/10-3-8) (from Ch. 24, par. 10-3-8)
Sec. 10-3-8.
Whenever a dispute exists concerning wages, hours of labor, or
conditions of employment of members of the fire department of any
municipality with a population of 5,000 or more, a firemen's arbitration
board shall be appointed as provided in Section 10-3-9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-3-9) (from Ch. 24, par. 10-3-9)
Sec. 10-3-9.
The firemen's arbitration board shall consist of 5 members, 4
of whom shall be appointed by the corporate authorities. In making 2 of
such appointments the corporate authorities shall give due consideration to
the recommendations of members of the fire department. The 4 members
appointed by the corporate authorities shall select a fifth member of the
board. The firemen's arbitration board shall meet and organize as soon as
possible after its appointment. Such board shall select from its membership
a chairman and such other officers as it deems necessary.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-3-10) (from Ch. 24, par. 10-3-10)
Sec. 10-3-10.
The firemen's arbitration board shall conduct hearings with
dispatch for the purpose of hearing evidence relevant to the subject of the
dispute and shall, as soon as practicable, report its findings and
recommendations to the corporate authorities and to any organization of the
firemen of the municipality. Such board's recommendation shall be advisory
only and shall not be binding upon the municipality or upon the members of
the fire department.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-3-11) (from Ch. 24, par. 10-3-11)
Sec. 10-3-11.
Members of the firemen's arbitration board shall serve
without compensation, but the expenses of any hearings conducted by such
board shall be borne by the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-3-12) (from Ch. 24, par. 10-3-12)
Sec. 10-3-12.
(a) A fireman who is an elected state officer of a
statewide labor organization that is a representative of municipal firemen
in Illinois shall be granted leave by the municipality, without loss of pay
or benefits and without being required to make up for lost time,
for work hours devoted to performing the fireman's responsibilities
as an elected state officer of the statewide labor organization;
provided that the elected officer has arranged for a fireman from the same
municipality who is qualified to perform the absent fireman's duties
to work for those hours. This Section shall not apply to any municipality
with a population of 1,000,000 or more.
(b) The statewide labor organization shall, by May 1 of each year:
(1) designate 4 elected state officers, whose right | ||
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(2) notify each municipality that is the employer of | ||
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(c) The regulation of leave for a fireman who is employed by a
municipality with a population of less than 1,000,000 and who is an elected
state officer of a statewide labor organization in Illinois, while he is
performing the duties of that office, is an exclusive power and function of
the State. Pursuant to subsection (h) of Section 6 of Article VII of the
Illinois Constitution, a home rule municipality with a population of less
than 1,000,000 may not regulate the leave of a fireman for work hours
devoted to the fireman's responsibilities as an elected state officer of a
statewide labor organization. This Section is a denial and limitation of
home rule powers.
(d) For the purposes of this Section:
"Statewide labor organization" means an organization representing
firefighters employed by at least 85 municipalities in this State, that is
affiliated with the Illinois State Federation of Labor.
"Elected state officer" means a full-time firefighter who is one of the
9 top elected officers of the statewide labor organization.
(Source: P.A. 101-81, eff. 7-12-19.)
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(65 ILCS 5/10-3-13) Sec. 10-3-13. Recall of police officers; limit. A police officer who is retired for disability and is 60 years old or older may not be recalled to service in any capacity.
(Source: P.A. 103-33, eff. 6-9-23.) |
(65 ILCS 5/Art. 10 Div. 4 heading) DIVISION 4.
GENERAL CORPORATE POWERS
RESPECTING EMPLOYMENT
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(65 ILCS 5/10-4-1) (from Ch. 24, par. 10-4-1)
Sec. 10-4-1.
The corporate authorities of any municipality may provide by
ordinance in regard to the relation between all municipal officers and
employees in respect to each other, the municipality, and the people.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2) (Text of Section from P.A. 101-580) Sec. 10-4-2. Group insurance. (a) The corporate authorities of any municipality may arrange to provide, for the benefit of employees of the municipality, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, and may arrange to provide that insurance for the benefit of the spouses or dependents of those employees. The insurance may include provision for employees or other insured persons who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The corporate authorities may provide for payment by the municipality of a portion of the premium or charge for the insurance with the employee paying the balance of the premium or charge. If the corporate authorities undertake a plan under which the municipality pays a portion of the premium or charge, the corporate authorities shall provide for withholding and deducting from the compensation of those municipal employees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the corporate authorities do not provide for a plan under which the municipality pays a portion of the premium or charge for a group insurance plan, the corporate authorities may provide for withholding and deducting from the compensation of those employees who consent thereto the premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The corporate authorities may exercise the powers granted in this Section only if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois, or are obtained through an intergovernmental joint self-insurance pool as authorized under the Intergovernmental Cooperation Act. The corporate authorities may enact an ordinance prescribing the method of operation of the insurance program. (d) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer unless the municipality elects to provide mammograms itself under Section 10-4-2.1. The coverage shall be as follows: (1) A baseline mammogram for women 35 to 39 years of | ||
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(2) An annual mammogram for women 40 years of age or | ||
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(3) A mammogram at the age and intervals considered | ||
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(4) For a group policy of accident and health | ||
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(5) For a group policy of accident and health | ||
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A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include: (1) reconstruction of the breast upon which the | ||
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(2) surgery and reconstruction of the other breast to | ||
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(3) prostheses and treatment for physical | ||
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Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician. A municipality, including a home rule municipality, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section. (d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule municipality powers. A home rule municipality to which subsections (d) through (d-15) apply must comply with every provision of those subsections. (e) Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 100-863, eff. 8-14-18; 101-580, eff. 1-1-20.) (Text of Section from P.A. 103-808) Sec. 10-4-2. Group insurance. (a) The corporate authorities of any municipality may arrange to provide, for the benefit of employees of the municipality, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, and may arrange to provide that insurance for the benefit of the spouses or dependents of those employees. The insurance may include provision for employees or other insured persons who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The corporate authorities may provide for payment by the municipality of a portion of the premium or charge for the insurance with the employee paying the balance of the premium or charge. If the corporate authorities undertake a plan under which the municipality pays a portion of the premium or charge, the corporate authorities shall provide for withholding and deducting from the compensation of those municipal employees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the corporate authorities do not provide for a plan under which the municipality pays a portion of the premium or charge for a group insurance plan, the corporate authorities may provide for withholding and deducting from the compensation of those employees who consent thereto the premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The corporate authorities may exercise the powers granted in this Section only if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois, or are obtained through an intergovernmental joint self-insurance pool as authorized under the Intergovernmental Cooperation Act. The corporate authorities may enact an ordinance prescribing the method of operation of the insurance program. (d) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all patients 35 years of age or older for the presence of occult breast cancer unless the municipality elects to provide mammograms itself under Section 10-4-2.1. The coverage shall be as follows: (1) A baseline mammogram for patients 35 to 39 years | ||
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(2) An annual mammogram for patients 40 years of age | ||
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(3) A mammogram at the age and intervals considered | ||
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(4) For a group policy of accident and health | ||
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(4.5) For a group policy of accident and health | ||
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(5) For a group policy of accident and health | ||
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A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include: (1) reconstruction of the breast upon which the | ||
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(2) surgery and reconstruction of the other breast to | ||
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(3) prostheses and treatment for physical | ||
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Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician. A municipality, including a home rule municipality, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section. (d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule municipality powers. A home rule municipality to which subsections (d) through (d-15) apply must comply with every provision of those subsections. (e) Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 103-808, eff. 1-1-26.) (Text of Section from P.A. 103-818) Sec. 10-4-2. Group insurance. (a) The corporate authorities of any municipality may arrange to provide, for the benefit of employees of the municipality, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, and may arrange to provide that insurance for the benefit of the spouses or dependents of those employees. The insurance may include provision for employees or other insured persons who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The corporate authorities may provide for payment by the municipality of a portion of the premium or charge for the insurance with the employee paying the balance of the premium or charge. If the corporate authorities undertake a plan under which the municipality pays a portion of the premium or charge, the corporate authorities shall provide for withholding and deducting from the compensation of those municipal employees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the corporate authorities do not provide for a plan under which the municipality pays a portion of the premium or charge for a group insurance plan, the corporate authorities may provide for withholding and deducting from the compensation of those employees who consent thereto the premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The corporate authorities may exercise the powers granted in this Section only if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois, or are obtained through an intergovernmental joint self-insurance pool as authorized under the Intergovernmental Cooperation Act. The corporate authorities may enact an ordinance prescribing the method of operation of the insurance program. (d) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer unless the municipality elects to provide mammograms itself under Section 10-4-2.1. The coverage shall be as follows: (1) A baseline mammogram for women 35 to 39 years of | ||
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(2) An annual mammogram for women 40 years of age or | ||
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(3) A mammogram at the age and intervals considered | ||
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(4) For a group policy of accident and health | ||
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(5) For a group policy of accident and health | ||
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A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include: (1) reconstruction of the breast upon which the | ||
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(2) surgery and reconstruction of the other breast to | ||
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(3) prostheses and treatment for physical | ||
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Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician. A municipality, including a home rule municipality, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section. (d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule municipality powers. A home rule municipality to which subsections (d) through (d-15) apply must comply with every provision of those subsections. (d-25) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include joint mental health therapy services for any member of the municipality's police department or fire department and any spouse or partner of the member who resides with the member. The joint mental health therapy services provided under this subsection shall be performed by a physician licensed to practice medicine in all of its branches, a licensed clinical psychologist, a licensed clinical social worker, a licensed clinical professional counselor, a licensed marriage and family therapist, a licensed social worker, or a licensed professional counselor. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (e) Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 103-818, eff. 1-1-25.) |
(65 ILCS 5/10-4-2.1) (from Ch. 24, par. 10-4-2.1)
Sec. 10-4-2.1.
Mammograms.
A municipality, including a home rule
municipality, that does not provide insurance coverage of mammograms under
Section 10-4-2 shall itself provide or cause to be provided to its
employees mammograms that meet the requirements set forth in that Section.
The requirement that mammograms be provided by municipalities as provided
in this Section is an exclusive power and function of the State and is a
denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of home rule municipality powers. A home rule
municipality to which this Section applies must comply with every provision
of this Section.
(Source: P.A. 87-780.)
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(65 ILCS 5/10-4-2.2)
Sec. 10-4-2.2.
Post-parturition care.
If a municipality,
including a home rule municipality, is a self-insurer for purposes of providing
health insurance coverage for its employees, the coverage shall include
coverage for the post-parturition care benefits required to be covered by a
policy of accident and health insurance under Section 356s of the
Illinois Insurance Code. The requirement that post-parturition care be covered
as provided in this Section is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule municipality to which this Section applies
must comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
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(65 ILCS 5/10-4-2.3) (Text of Section from P.A. 103-605) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24.) (Text of Section from P.A. 103-718) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-718, eff. 7-19-24.) (Text of Section from P.A. 103-751) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70, and 356z.71 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-751, eff. 8-2-24.) (Text of Section from P.A. 103-914) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-914, eff. 1-1-25.) (Text of Section from P.A. 103-918 and 103-1024) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70, and 356z.71 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25.) |
(65 ILCS 5/10-4-2.4) (This Section may contain text from a Public Act with a delayed effective date) Sec. 10-4-2.4. Mental health counseling. (a) As used in this Section: "First responders" means police and corrections officers, deputy sheriffs, firefighters, emergency medical services personnel, as that term is defined in Section 3.5 of the Emergency Medical Services (EMS) Systems Act, dispatched pursuant to a 9-1-1 call, emergency medical dispatchers, as that term is defined in Section 3.70 of the Emergency Medical Services (EMS) Systems Act, public safety telecommunicators, as that term is defined in Section 2 of the Emergency Telephone System Act, and mental health professionals employed and dispatched by any unit of local government in response to emergency crisis calls received on public emergency service lines instead of or in conjunction with law enforcement. "Mental health counseling" means counseling therapy sessions provided by a clinical social worker, professional counselor, or licensed psychologist. (b) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include, on and after June 1, 2025, mental health counseling for any employee who is a first responder without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided, except that this Section does not apply to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code. (c) The requirement that mental health counseling be included in health insurance coverage as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule powers.(Source: P.A. 103-1011, eff. 1-1-25.) |
(65 ILCS 5/10-4-2.5) Sec. 10-4-2.5. Access to obstetrical and gynecological care. The corporate authorities of all municipalities are subject to the provisions of Section 356r of the Illinois Insurance Code. The requirement under this Section that health care benefits provided by municipalities comply with Section 356r of the Illinois Insurance Code is an exclusive power and function of the State and is a denial and limitation of home rule municipality powers under Article VII, Section 6, subsection (h) of the Illinois Constitution.(Source: P.A. 103-718, eff. 7-19-24.) |
(65 ILCS 5/10-4-2.8)
Sec. 10-4-2.8.
Managed Care Reform and Patient Rights Act.
The corporate
authorities
of all municipalities are subject to the provisions of the Managed Care Reform
and
Patient Rights Act. The
requirement
under this
Section that health care benefits provided by municipalities comply with the
Managed Care Reform and Patient Rights Act is an exclusive power and function
of
the State
and is a denial and limitation of home rule municipality powers under Article
VII, Section 6, subsection (h) of the Illinois Constitution.
(Source: P.A. 91-617, eff. 1-1-00.)
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(65 ILCS 5/10-4-3) (from Ch. 24, par. 10-4-3)
Sec. 10-4-3.
The corporate authorities of any municipality may withhold and
deduct from the compensation of each of its employees who consents thereto,
a specified amount each pay period for the purchase of United States
Savings Bonds for the benefit of such employee and in such denomination as
may be stated. The account of each employee shall be kept separate. As
often as the individual account of any such employee contains a credit
sufficient to purchase a bond of the denomination stated, the withholding
officer shall arrange for or make such purchase as directed by such
employee, and shall deliver such bond to such employee.
Whenever any employee is separated from municipal service, any sum to
his credit in such withheld compensation funds shall be paid to him or to
his estate on request.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-4-4) (from Ch. 24, par. 10-4-4)
Sec. 10-4-4.
In municipalities of more than 500,000, the corporate
authorities may investigate the enforcement of the municipal ordinances,
rules and regulations, and the action, conduct and efficiency of all
officers, agents and employees of the municipality. In the conduct of
such investigations the corporate authorities may hold public hearings.
Each member of the corporate authorities shall have power to administer
oaths, and the clerk of the municipality, by order of the corporate
authorities, shall issue subpoenas to secure the attendance and
testimony of witnesses and the production of books and papers relevant
to such investigations and to any hearing before the corporate
authorities or any member thereof.
Any circuit court of this state upon application of the
corporate authorities, or any member thereof, may in its
discretion compel the attendance of witnesses, the production of books
and papers, and the giving of testimony before the corporate authorities
or any member thereof, by attachment for contempt or otherwise in the
same manner as the production of evidence may be compelled before the
court.
(Source: P.A. 81-282.)
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(65 ILCS 5/10-4-5) (from Ch. 24, par. 10-4-5)
Sec. 10-4-5.
The corporate authorities of a municipality shall not pass
any ordinance requiring a municipal employee who is under the age of 56 to
retire.
No home rule unit, as defined in Article VII of the Illinois Constitution,
shall have the power to change, alter or amend in any way the provisions
of this Section, and it is declared to be the law in this State, pursuant
to paragraphs (h) and (i) of Section 6 of Article VII of the Constitution,
that the establishment of a mandatory retirement age below the age of 56
for employees of a municipality is an exercise of exclusive State power
which may not be exercised concurrently by a home rule unit.
(Source: P.A. 82-536.)
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(65 ILCS 5/10-4-6) (from Ch. 24, par. 10-4-6)
Sec. 10-4-6.
In municipalities of more than 500,000 population,
applications for examination for and appointment to positions as
firefighters or police shall be made available at various branches of the
public library of the municipality. It is declared to be the law of this
State, pursuant to paragraph (g) of Section 6 of Article VII of the
Illinois Constitution, that this Section is a denial of the power of a home
rule unit to fail to make applications available as required by this Section.
(Source: P.A. 85-1342.)
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(65 ILCS 5/10-4-7) (from Ch. 24, par. 10-4-7)
Sec. 10-4-7.
Persons in fire service.
In any municipality with a
population under 10,000 that is located in a county with a population over
3,000,000 and that maintains a firefighters' pension fund under Article 4
of the Illinois Pension Code, persons who participate in that pension fund
and who have served at any time between July 1, 1976 and July 1, 1978 in
the position of protective inspection officer or administrative assistant
for fire services shall, if the position included firefighting duties, be
entitled to receive service credit in that pension fund for such service,
notwithstanding that such persons may not have held civil service
appointments as firefighters, provided that application is made to the
pension fund by July 1, 1992, and the corresponding employee contributions
are paid, based on the compensation received for such service and the
contribution rates in effect during such service for firefighters in the
pension fund, plus interest thereon at the rate of 6% per year, compounded
annually, from July 1, 1988 to the date of payment.
(Source: P.A. 87-782; 87-847; 87-895.)
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(65 ILCS 5/10-4-8)
Sec. 10-4-8.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a county with a
population
of 3,000,000 or more,
the Cook County Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Board of Education, or a
housing authority of a municipality with a population of 500,000 or more
that a debt is due and owing the county, the Cook County Forest Preserve
District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
by an employee of
a municipality with a population of 500,000 or more, the municipality may
withhold, from the compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority; provided, however
that the amount deducted from any one salary or wage payment shall not exceed
25% of the net amount of the payment.
(b) Before the municipality deducts any amount from any salary or wage of an
employee under this Section, the county, the Cook County Forest Preserve
District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
shall certify that (i) the employee has
been afforded an opportunity for a hearing to dispute the debt that is due and
owing the county, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
and (ii) the employee has received notice of a wage deduction order and has
been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(1) "Net amount" means the part of the salary or wage | ||
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(2) "Debt due and owing" means (i) a specified sum of | ||
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(d) Nothing in this Section is intended to affect the power of a
municipality to withhold the amount of any debt that is due and owing the
municipality by any of its employees.
(Source: P.A. 92-109, eff. 7-20-01.)
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(65 ILCS 5/10-4-10) Sec. 10-4-10. Compliance with ITAP requirements. A municipality must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A municipality may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule municipalities of powers and functions exercised by the State.
(Source: P.A. 97-744, eff. 1-1-13.) |
(65 ILCS 5/10-4-12) Sec. 10-4-12. Cessation of existing municipal fire departments.
If a city or village with 500 or more residents owns, operates, or maintains any fire department or departments, that city or village may not cease the operation and maintenance of that fire department or those fire departments unless the proposed cessation is first submitted by referendum to the voters of the city or village as provided by Section 15b of the Fire Protection District Act.
(Source: P.A. 98-666, eff. 1-1-15.) |
(65 ILCS 5/Art. 10 Div. 5 heading) DIVISION 5.
INSURANCE FOR VOLUNTEER
FIREMEN
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(65 ILCS 5/10-5-1) (from Ch. 24, par. 10-5-1)
Sec. 10-5-1.
Every city, village or incorporated town in this State, which
adopts this Division 5, as hereinafter provided, now having or which may
hereafter have a volunteer fire department or a fire department composed in
part of volunteer firemen, shall procure, in the name and for the benefit
of the volunteer members of such fire department, a policy or policies of
insurance, conditioned as hereinafter provided.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-5-2) (from Ch. 24, par. 10-5-2)
Sec. 10-5-2.
Each such policy of insurance shall provide for the payment to every
volunteer member of such fire department receiving any injury, which injury
was sustained through accidental means and was caused by and arose out of
the duties of such member as a volunteer fireman, causing a disability
which prevents such member from pursuing his usual vocation, as follows:
In such cities, villages and incorporated towns having a population of
less than 1,000, a weekly indemnity of not less than $20,
In such cities, villages and incorporated towns having a population of
1,000 or more, a weekly indemnity of not less than $30.
Every such policy shall further provide:
(a) That the weekly indemnity payable thereunder | ||
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(b) That in the event of the death or total permanent | ||
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(c) For the payment of such medical, surgical, | ||
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This amendatory act of 1973 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/10-5-3) (from Ch. 24, par. 10-5-3)
Sec. 10-5-3.
For the purposes of this Division 5, "volunteer fireman"
or "volunteer member" means a person having regular employment, at work
other than that of a fireman, but who is carried on the rolls of a
regularly constituted fire department either for the purpose of the prevention
or control of fire or the underwater recovery of drowning victims, the members
of which are under
the jurisdiction of the corporate authorities of city, village or
incorporated town and who may receive some compensation for his services
as a fireman. "Volunteer fireman" or "volunteer member" does not mean an
individual who volunteers assistance and is not a regularly enrolled
fireman. However, nothing herein contained shall be construed to
prohibit any city, village or incorporated town from procuring insurance
to cover persons acting as firemen who are not regularly enrolled as
such.
(Source: P.A. 80-597.)
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(65 ILCS 5/10-5-4) (from Ch. 24, par. 10-5-4)
Sec. 10-5-4.
If the corporate authorities of any city, village or
incorporated town, which adopts this Division 5, neglect, refuse or fail to
procure the insurance policies prescribed in this Division 5, within 30
days after the adoption hereof, except as provided in Section 10-5-5,
neglect, refuse or fail to keep such policies in force, then such city,
village or incorporated town shall be liable in an action at law to such
volunteer firemen or their estates, as the case may be, for all amounts
which would have been payable under the provisions of such insurance
policies had such policies been procured by such city, village or
incorporated town.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-5-5) (from Ch. 24, par. 10-5-5)
Sec. 10-5-5.
Any city, village or incorporated town which, at the time it
adopts this Division 5, is carrying insurance policies with provisions for
the payment of indemnities to volunteer firemen, shall have one year from
such time within which to procure insurance policies containing provisions
which meet the requirements of this Division 5.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-5-6) (from Ch. 24, par. 10-5-6)
Sec. 10-5-6.
Whenever the legal voters of such city, village or
incorporated town equal in number to 10% of the legal votes cast at the
last preceding general municipal election petition the city, village or
incorporated town clerk for the submission of the proposition as
to whether such city,
village or incorporated town, shall adopt the provisions of this
Division 5, then such clerk shall certify
the proposition accordingly, for submission
at an election in accordance
with the general election law, and if such proposition be not
adopted at such election, the same may in like manner be submitted to
any general municipal election thereafter.
The proposition shall be substantially
in the following form:
Shall the city (or village orincorporated town) of.... adopt YESDivision 5 of Article 10 of the Illinois Municipal Code providing for NOinsurance coverage for volunteer firemen?
If a majority of the votes cast upon such proposition
shall be for such proposition, then this Division 5 shall be in force in
such city, village or incorporated town, as of the beginning of the
third month of the next fiscal year of such city, village or
incorporated town.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 10 Div. 6 heading) DIVISION 6. QUAD CITIES OUTSOURCING PREVENTION TASK FORCE
(Repealed)(Source: P.A. 101-127, eff. 7-26-19. Repealed internally, eff. 1-1-21.) |
(65 ILCS 5/Art. 11 heading) ARTICLE 11
CORPORATE POWERS AND FUNCTIONS
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(65 ILCS 5/Art 11 prec Div 1 heading)
PUBLIC HEALTH, SAFETY AND WELFARE
POLICE PROTECTION AND PUBLIC ORDER
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(65 ILCS 5/Art. 11 Div. 1 heading) DIVISION 1.
POLICE PROTECTION AND TAX
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(65 ILCS 5/11-1-1) (from Ch. 24, par. 11-1-1)
Sec. 11-1-1.
The corporate authorities of each municipality may pass and
enforce all necessary police ordinances.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-1-2) (from Ch. 24, par. 11-1-2)
Sec. 11-1-2.
Duties and powers of police officers.
(a) Police officers in
municipalities shall be conservators
of the peace.
They shall have the power (i) to arrest or cause to be arrested, with or
without process, all persons who break the peace or are found violating
any municipal ordinance or any criminal law of the State, (ii) to commit
arrested persons for examination, (iii) if necessary, to detain arrested
persons in custody over night or Sunday in any safe place or until they
can be brought before the proper court, and (iv) to exercise all other
powers as conservators of the peace prescribed by the corporate authorities.
(b) All warrants for the violation of municipal ordinances or the State
criminal law, directed to any person, may be served and executed within the
limits of a municipality by any police officer of the
municipality. For that purpose, police officers have all the
common law and statutory powers of sheriffs.
(c) The corporate authorities of each municipality may prescribe
any additional duties and powers of the police
officers.
(Source: P.A. 90-540, eff. 12-1-97.)
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(65 ILCS 5/11-1-2.1) (from Ch. 24, par. 11-1-2.1)
Sec. 11-1-2.1.
In addition to the powers of the police of any municipality
under Section 7-4-8 of this Act, the corporate authorities of each
municipality having a population of less than 500,000 may enter into
agreements with any other such municipality or municipalities to furnish
police assistance on request. Such agreements shall contain provisions in
relation to any liability, including any liability or obligation to
indemnify created by Section 1-4-5 or Section 1-4-6, which may occur as a
result of any police assistance furnished under such agreements.
Police officers furnishing assistance under such agreements have all of
the powers of police officers of any requesting municipality and are
subject to the direction of the chief of police of a requesting
municipality.
(Source: Laws 1967, p. 3284.)
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(65 ILCS 5/11-1-3) (from Ch. 24, par. 11-1-3)
Sec. 11-1-3.
The corporate authorities of any city or village
containing less than 500,000 inhabitants may levy, annually, a tax not
to exceed .075% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property therein, to provide
revenue for the purpose of police protection in that municipality. This
tax shall be in addition to and in excess of all taxes authorized by law
to be levied and collected in that city or village and shall be in
addition to and in excess of the amount authorized to be levied for
general purposes as provided by Section 8-3-1.
However, municipalities authorized to levy this tax on July 1, 1967
shall have a rate limitation of .15% or the rate limitation in effect on
July 31, 1969, whichever is greater.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-1-5) (from Ch. 24, par. 11-1-5)
Sec. 11-1-5.
The corporate authorities of each municipality may by
ordinance declare a curfew throughout all or any part of the municipality
and establish the conditions and restrictions thereof.
(Source: Laws 1968. p. 80.)
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(65 ILCS 5/11-1-5.1) (from Ch. 24, par. 11-1-5.1)
Sec. 11-1-5.1.
In any municipality which is authorized to levy a tax under Section
11-1-3 of this Division 1, the tax rate limit so authorized may be
increased to not to exceed .40%, or beginning in taxable year 2000, .60%,
of
the value of all the taxable property
in such municipality, provided the proposition for such tax rate
increase has been submitted to the electors of that municipality and
approved by a majority of those voting on the question. The corporate
authorities
may order the proposition submitted at any election. The municipal clerk
shall certify the question to the proper election authority who shall submit
the proposition at an election in accordance with the general election law.
(Source: P.A. 91-299, eff. 7-29-99.)
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(65 ILCS 5/11-1-6) (from Ch. 24, par. 11-1-6)
Sec. 11-1-6.
The corporate authorities of each municipality may by
ordinance grant to the mayor the extraordinary power and authority to
exercise, by executive order, during a state of emergency, such of the
powers of the corporate authorities as may be reasonably necessary to
respond to the emergency. Such ordinance shall establish standards for the
determination by the mayor of when a state of emergency exists, and shall
provide that the mayor shall not exercise such extraordinary power and
authority except after his signing, under oath, a statement finding that
such standards have been met, setting forth facts to substantiate such
findings, describing the nature of the emergency, and declaring that a
state of emergency exists. Such statement shall be filed with the clerk of
the municipality as soon as practicable. A state of emergency, declared as
provided in this section, shall expire not later than the adjournment of
the first regular meeting of the corporate authorities after the state of
emergency is declared.
(Source: Laws 1968, p. 80.)
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(65 ILCS 5/11-1-7) (from Ch. 24, par. 11-1-7)
Sec. 11-1-7.
The corporate authorities of any incorporated municipality, the
boundaries of which are not co-extensive with any township, may contract
with any such township in the county within which the municipality is
located to furnish police protection outside of the incorporated
municipality in such township.
The corporate authorities of any incorporated municipality situated in
a county of fewer than 1,000,000 inhabitants may contract, with advice
and consent of the sheriff in the county in which the request for contract
services is made, based upon a determination of law enforcement needs of the
area in which contract services are sought,
with the county
in which the municipality is located to furnish police protection in the county
outside
of the incorporated municipality.
(Source: P.A. 91-633, eff. 12-1-99.)
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(65 ILCS 5/11-1-8) (from Ch. 24, par. 11-1-8)
Sec. 11-1-8.
The corporate authorities of each municipality may:
(a) Conduct programs and carry on and coordinate activities for the prevention,
reduction or control of juvenile delinquency within the municipality;
(b) Cooperate, coordinate or act jointly with the State of Illinois or
any other municipality, county or public or private agency in conducting
programs and carrying on and coordinating activities for the prevention,
reduction or control of juvenile delinquency, including but not limited
to the establishment, support and maintenance of individual or joint public
or private agencies or neighborhood accountability boards to conduct such
programs and carry on such activities in cooperation with law enforcement
officers through referral of juvenile offenders;
(c) Spend municipal funds appropriated for the purposes of this Section;
(d) Make application for, accept and use money, financial grants or contributions
of services from any public or private source made available for the purposes
of this Section;
(e) All officials, agencies and employees of a municipality, which has
exercised the authority granted by this Section, shall cooperate in so far
as possible with the corporate authorities in coordinating and conducting
activities and programs to carry out the purposes of this Section.
(Source: P.A. 80-853.)
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(65 ILCS 5/11-1-9) (from Ch. 24, par. 11-1-9)
Sec. 11-1-9.
The corporate authorities of each municipality may enter
into agreements and cooperate with governmental entities of adjoining states
for purposes related to providing services to injured individuals where
such injury occurs at or near the dividing line of Illinois and an adjoining state.
(Source: P.A. 81-881.)
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(65 ILCS 5/11-1-10) (from Ch. 24, par. 11-1-10)
Sec. 11-1-10.
The corporate authorities of each municipality which has
established a police department shall require such police department to
comply with the requirements of Section 3 of the Minor Identification and
Protection Act, enacted by the 83rd General Assembly.
(Source: P.A. 83-508.)
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(65 ILCS 5/11-1-11) (from Ch. 24, par. 11-1-11)
Sec. 11-1-11.
Agreement with another entity to enforce traffic
ordinances. The corporate authorities of a municipality with a
population greater than 1,000,000 may enter into an agreement with the
Chicago Transit Authority, created under the Metropolitan Transit Authority
Act, whereby Chicago Transit Authority supervisory employees are empowered
to enforce certain traffic ordinances enacted by the municipality.
(Source: P.A. 87-597.)
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(65 ILCS 5/11-1-12) Sec. 11-1-12. Quotas prohibited. A municipality may not require a police officer to issue a specific number of citations within a designated period of time. This prohibition shall not affect the conditions of any federal or State grants or funds awarded to the municipality and used to fund traffic enforcement programs. A municipality may not, for purposes of evaluating a police officer's job performance, compare the number of
citations issued by the police officer
to the number of citations issued by any other police officer who has similar job duties. Nothing in this Section shall prohibit a municipality from evaluating a police officer based on the police officer's points of contact. For the purposes of this Section, "points of contact" means any quantifiable contact made in the furtherance of the police officer's duties, including, but not limited to, the number of traffic stops completed, arrests, written warnings, and crime prevention measures. Points of contact shall not include either the issuance of citations or the number of citations issued by a police officer. A home rule municipality may not establish requirements for or assess the performance of police officers in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 100-1001, eff. 1-1-19.) |
(65 ILCS 5/11-1-13) Sec. 11-1-13. Automated external defibrillators. The corporate authorities of each municipality shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that: (1) each police department that employs 100 or more | ||
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(2) an adequate number of personnel in each police | ||
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(Source: P.A. 99-246, eff. 1-1-16.) |
(65 ILCS 5/11-1-14) Sec. 11-1-14. Mental health specialists; police. The
corporate authorities of each municipality which has
established a police department shall ensure
that mental health resources, including counselors or therapists,
are available to that police department's employees, whether through
direct employment by that department, contract employment,
or other means.
(Source: P.A. 101-375, eff. 8-16-19.) |
(65 ILCS 5/Art. 11 Div. 1.5 heading) DIVISION 1.5.CO-RESPONDER PILOT PROGRAM
(Source: P.A. 102-756, eff. 5-10-22.) |
(65 ILCS 5/11-1.5-5) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-5. Definitions. As used in this Division: "Department" means the East St. Louis Police Department, the Peoria Police Department, the Springfield Police Department, or the Waukegan Police Department. "Social Worker" means a licensed clinical social worker or licensed social worker, as those terms are defined in the Clinical Social Work and Social Work Practice Act. "Station adjustment" has the meaning given to that term in Section 1-3 of the Juvenile Court Act of 1987. "Unit" means a co-responder unit created under this Division.
(Source: P.A. 102-756, eff. 5-10-22; 103-154, eff. 6-30-23.) |
(65 ILCS 5/11-1.5-10) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-10. Establishment; responsibilities; focus. (a) Each department shall establish, subject to appropriation, a co-responder unit no later than 6 months after the effective date of this amendatory Act of the 102nd General Assembly, including the hiring of personnel as provided in this Division. (b) Along with the duties described in Sections 11-1.5-15 and 11-1.5-20, the unit's social workers are responsible for conducting follow-up visits for victims who may benefit from mental or behavioral health services. The unit shall utilize community resources, including services provided through the Department of Human Services and social workers in juvenile and adult investigations, to connect individuals with appropriate services. (c) The unit's primary area of focus shall be victim assistance.
(Source: P.A. 102-756, eff. 5-10-22.) |
(65 ILCS 5/11-1.5-15) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-15. Duties. The duties of the unit include, but are not limited to: (1) Serving as a resource to a department's community | ||
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(2) Networking with area social service agencies to | ||
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(3) Employing social workers of the unit who shall: (A) Upon request, provide community presentations | ||
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(B) Assist individuals in diversion from the | ||
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(C) Facilitate follow-up treatment or referral | ||
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(D) When requested, assist department employees | ||
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(E) Meet with walk-ins requesting information or | ||
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(F) Protect the interest, confidentiality, and | ||
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(G) Train social work interns who may be working | ||
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(H) Be on-call after regular business hours, as | ||
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(I) Inform clients, prior to providing services | ||
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(J) Consult on all cases as needed by the | ||
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(K) Perform other functions as provided in | ||
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(4) Employing social workers who shall work with | ||
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(A) Review police reports to identify known | ||
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(B) Assist victims with filing police reports and | ||
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(C) Provide safety planning services to victims. (D) Provide crisis counseling services to victims | ||
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(E) Conduct home visits with victims in | ||
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(F) Assist victims in obtaining orders of | ||
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(G) Facilitate court advocacy services for | ||
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(H) Maintain confidential case files which | ||
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(I) Perform miscellaneous personal advocacy tasks | ||
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(J) Oversee activities to ensure those victims | ||
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(K) Provide status updates on the progress of a | ||
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(5) Adhering to and understanding the applicable | ||
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(6) Attaining department-established unit goals. (7) Maintaining a positive relationship with | ||
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(8) Keeping informed on crime trends within the City. (9) Remaining obedient and responsive to all lawful | ||
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(10) Completing police reports and other required | ||
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(11) Performing such other duties as may be required | ||
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(Source: P.A. 102-756, eff. 5-10-22.) |
(65 ILCS 5/11-1.5-20) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-20. Social workers. (a) Unit social workers may be referred to as victim service specialists. Social workers are responsible for working as a team to provide trauma-informed crisis intervention, case management, advocacy, and ongoing emotional support to the victims of all crimes, with extra attention to crimes that cause a high level of victim trauma. (b) Unit social workers involved in a case under adult investigations may perform the following responsibilities: (1) Working with domestic violence investigators. (2) Assisting victims with finding safe housing, | ||
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(3) Providing other needed resources for victims and | ||
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(4) Assisting victims and their children in setting | ||
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(5) Helping reduce victims' chances of reentry into | ||
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(c) Unit social workers involved in a case under juvenile investigations may perform the following responsibilities: (1) Working with families that have habitual runaways | ||
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(2) Providing services to families where there have | ||
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(3) Providing resources for parents to help their | ||
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(4) Providing guidance and advice to the families of | ||
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(5) Assisting a juvenile with station adjustments and | ||
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(6) Providing services to juvenile victims and | ||
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(7) Assisting with overcoming feuds between groups of | ||
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(8) Assisting in instances where the families are not | ||
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(9) Discussing with families and juveniles options | ||
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(10) Maintaining a list of families in need that the | ||
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(11) Helping facilitate or assist a department in | ||
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(12) Helping reduce juvenile recidivism.
(Source: P.A. 102-756, eff. 5-10-22.) |
(65 ILCS 5/11-1.5-25) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-25. Training. All unit employees shall be trained in crisis intervention and integrating communications, assessment and tactics. Integrating communications, assessment, and tactics training shall be designed for situations involving persons who are unarmed or are armed with weapons and who may be experiencing a mental health or other crisis. The training shall incorporate different skill sets into a unified training approach that emphasizes scenario-based exercises, as well as lecture and case study opportunities.
(Source: P.A. 102-756, eff. 5-10-22.) |
(65 ILCS 5/11-1.5-30) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-30. Privileged or confidential communications. Nothing contained in this Division shall be construed to impair or limit the confidentiality of communications otherwise protected by law as privileged or confidential, including, but not limited to, information communicated in confidence to a social worker or social work intern who works under the direct supervision of a social worker. No social worker shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law, rule, or regulation.
(Source: P.A. 102-756, eff. 5-10-22.) |
(65 ILCS 5/11-1.5-99) (Section scheduled to be repealed on January 1, 2029) Sec. 11-1.5-99. Repeal. This Division is repealed January 1, 2029.
(Source: P.A. 102-756, eff. 5-10-22.) |
(65 ILCS 5/Art. 11 Div. 3 heading) DIVISION 3.
PENAL INSTITUTIONS--GENERAL POWERS
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(65 ILCS 5/11-3-1) (from Ch. 24, par. 11-3-1)
Sec. 11-3-1.
The corporate authorities of each municipality may establish
and erect correctional and penal institutions for the reformation or
confinement of all persons convicted of violating any municipal ordinance,
to make rules and regulations for the government of these institutions, and
may provide for the appointment of the necessary officers and assistants to
operate them.
The corporate authorities of each municipality may require convicted
persons committed to its correctional and penal institutions to reimburse
the municipality for the expenses incurred by their confinement to the extent
of the ability of such persons to pay for such expenses. The municipal
attorney or corporation counsel, may, if authorized by the corporate authorities,
institute civil actions in the circuit court of the county in which the
correctional and penal institutions are located to recover from such confined
convicted persons the expenses incurred by their confinement. Such expenses
recovered shall be paid into the municipal treasury.
(Source: P.A. 82-717.)
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(65 ILCS 5/11-3-2) (from Ch. 24, par. 11-3-2)
Sec. 11-3-2.
The corporate authorities of each municipality may use the
county jail, with the consent of the county board, for the confinement or
punishment of offenders, subject to whatever conditions are imposed by law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 4 heading) DIVISION 4.
HOUSES OF CORRECTION AND FARM
COLONIES
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(65 ILCS 5/11-4-1) (from Ch. 24, par. 11-4-1)
Sec. 11-4-1.
Except in any county having a population of more than
1,000,000, the corporate authorities of any city may establish a house of
correction, which shall be used for the confinement and punishment of
criminals, or persons sentenced or committed thereto under the provisions
of this Division 4, or any law of this state, or ordinance of any city or
village authorizing the confinement of convicted persons in any such house
of correction.
The corporate authorities of any such city may purchase or otherwise
acquire, own or control so much land within the incorporated limits of such
city or outside and within the same county as such city may require, for
the purpose of establishing thereon such house of correction and other
buildings or appurtenances thereto, and for the purpose of establishing in
connection therewith a farm colony. Any farm colony so established in
connection with a house of correction shall also be used for the
confinement and punishment of criminals or persons sentenced or committed
thereto under the provisions of this Division 4, or any law of this state,
or ordinance of any city or village, authorizing the confinement of
convicted persons in any such house of correction or farm colony.
When such land is purchased or acquired and house of correction or farm
colony established by any such city outside of the corporate limits
thereof, such city and the corporate authorities thereof shall have
complete police powers, for the purpose of control and management of same
and of the persons confined therein, over such lands and territory
surrounding the same and highways leading thereto from such city as is now
conferred by law upon cities, incorporated towns and villages within this
state over territory lying within the corporate limits thereof.
(Source: P.A. 76-425.)
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(65 ILCS 5/11-4-2) (from Ch. 24, par. 11-4-2)
Sec. 11-4-2.
The management and direction of any house of correction shall
be under the control and authority of a board of inspectors, to be
appointed for that purpose as in this section directed.
The mayor of each city shall, by virtue of his office, be a member of
such board, who, together with 3 persons to be appointed by the mayor, by
and with the advice and consent of the corporate authorities of the city,
shall constitute the board of inspectors. The term of office for the
appointed members of the board shall be 3 years, but the members first
appointed shall hold their office, respectively, as shall be determined by
lot at the first meeting of the board, for one, 2 and 3 years from and
after the first Monday in May, 1871, and thereafter one member shall be
appointed each year for the full term of 3 years.
The provisions of Divisions 9 and 10 of Article 8 shall apply in
relation to letting of contracts and purchase orders by the board of
inspectors in behalf of any such house of correction and the board of
inspectors shall also be governed by the powers, functions and authority of
the purchasing agent, board of standardization and the corporate
authorities in such cities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-3) (from Ch. 24, par. 11-4-3)
Sec. 11-4-3.
Whenever a board of inspectors has been organized, it may
establish and adopt rules for the regulation and discipline of the house of
correction, for which such board has been appointed. Upon the nomination of
the superintendent thereof, the board may appoint the subordinate officers,
guards and employees thereof, may fix their compensation and prescribe
their duties generally, may make all such by-laws and ordinances in
relation to the management and government thereof as the board deems
expedient. No appropriation shall be made by the board of inspectors for
any purpose other than the ordinary and necessary expenses and repairs of
the institution, except with the sanction of the corporate authorities of
the city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-4) (from Ch. 24, par. 11-4-4)
Sec. 11-4-4.
The board of inspectors shall serve without fee or compensation.
It
shall be their duty to assure that the house of correction is operated in
accordance with the minimum standards established by the Department of
Corrections pursuant to Section 3-15-2 of the Unified Code of Corrections.
There shall
be a meeting of the entire board, at the house of correction, once every 3
months. At such meeting the board shall fully examine into the management
in every department, hear and determine all complaints or questions not
within the province of the superintendent to determine, and make such
further rules and regulations for the good government of the house of
correction as to them shall seem proper and necessary. One of the appointed
inspectors shall visit the house of correction at least once in each month.
All rules, regulations or other orders of the board shall be recorded in a
book to be kept for that purpose, which shall be deemed a public record,
and, with the other books and records of the house of correction, shall be
at all times subject to the examination of any member or committee of the
corporate authorities, the comptroller, treasurer, corporation counsel or
attorney of any such city.
(Source: P.A. 91-239, eff. 1-1-00.)
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(65 ILCS 5/11-4-5) (from Ch. 24, par. 11-4-5)
Sec. 11-4-5.
The books of the house of correction shall be kept so as to
clearly exhibit the state of the prisoners, the number received and
discharged, the number employed as servants or in cultivating or improving
the premises, the number employed in each branch of industry carried on,
and the receipts from, and expenditures for, and on account of, each
department of business, or for improvement of the premises. A quarterly
statement shall be made out, which shall specify minutely, all receipts and
expenditures, from whom received and to whom paid, and for what purpose,
proper vouchers for each, to be audited and certified by the inspectors, and
submitted to the comptroller of the city, and by him or her, to the corporate
authorities thereof, for examination and approval. The accounts of the
house of correction shall be annually closed and balanced on the first day
of January of each year, and a full report of the operations of the
preceding year shall be made out and submitted to the corporate authorities
of the city, and to the Governor of the state, to be transmitted
by the Governor to the General Assembly.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as
required by Section 3.1 of the General Assembly Organization Act, and filing such
additional copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
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(65 ILCS 5/11-4-6) (from Ch. 24, par. 11-4-6)
Sec. 11-4-6.
The corporate authorities of such city may require such
further reports and exhibits of the condition and management of such
institution as to them shall seem necessary and proper, and may, with the
approval of the mayor, remove any inspector of the institution. But any
subordinate officer or employee may be removed by the superintendent at his
discretion, but immediately upon the removal of such officer or employee,
he shall report to the board the name of the person removed and the cause
of such removal.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-7) (from Ch. 24, par. 11-4-7)
Sec. 11-4-7.
The superintendent of the house of correction shall have
entire control and management of all its concerns, subject to the
authority established by law, and the rules and regulations adopted for
its government. The superintendent shall obey and carry out all written
orders and instructions of the inspectors not inconsistent with the laws,
rules and regulations relating to the government of the institution. The
superintendent shall be appointed by the mayor by and with the consent
of the board of inspectors, and shall hold his office for 4 years and
until his successor is duly appointed and has qualified, but he may be
removed by the inspectors at any time, when in their judgment it shall
be advisable. He shall be responsible for the manner in which the house
of correction is managed and conducted. He shall reside at the house of
correction, devote all his time and attention to the business thereof,
and visit and examine into the condition and management of every
department thereof and of each prisoner therein confined, daily. The
superintendent shall exercise a general supervision and direction in
regard to the discipline, police and business of the house of
correction. The deputy superintendent of the house of correction shall
have and exercise the powers of the superintendent in his absence, so
far as relates to the discipline thereof and the safe keeping of
prisoners.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-8) (from Ch. 24, par. 11-4-8)
Sec. 11-4-8.
The county board and the board of trustees of any village or
incorporated town, in any county in this state, in which a house of
correction is established, may enter into an agreement with the corporate
authorities of such city, or with any authorized agent or officer in behalf
of such city, to receive and keep in the house of correction any person or
persons who may be sentenced or committed thereto, by any court, in any of
such counties. Whenever such agreement is made, the county board for any
county in behalf of which such agreement is made, or of the trustees of the
village or incorporated town, in behalf of which, such agreement is made,
as the case may be, shall give public notice thereof in some newspaper
printed and published within the county for a period not less than 4 weeks.
Such notice shall state the period of time for which such agreement will
remain in force.
(Source: P.A. 77-1295.)
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(65 ILCS 5/11-4-9) (from Ch. 24, par. 11-4-9)
Sec. 11-4-9.
In counties, incorporated towns and villages having such
agreement with any such city, the circuit court for such county,
incorporated town or village, by whom any person, for any crime or
misdemeanor punishable by imprisonment in the county jail, shall be
convicted, shall commit such person to the house of correction in lieu of
committing him to the county jail, village or incorporated town calaboose,
there to be received and kept in the manner prescribed by law and the
discipline in the house of correction. Such court, by warrant of commitment
duly issued, shall cause such persons so sentenced to be forthwith conveyed
by some proper officer to the house of correction.
(Source: Laws 1965, p. 292.)
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(65 ILCS 5/11-4-10) (from Ch. 24, par. 11-4-10)
Sec. 11-4-10.
The sheriff or other officer in and for any county having
such agreement with any such city to whom any warrant of commitment for
that purpose may be directed by the court for such county, shall convey
such person so sentenced to the house of correction, and there deliver such
person to the keeper or other proper officer of the house of correction,
whose duty it shall be to receive such person so sentenced, and to safely
keep and employ such person for the term mentioned in the warrant of
commitment, according to the laws of the house of correction. The officers
thus conveying and so delivering the person or persons so sentenced shall
be allowed such fees, as compensation therefor, as shall be prescribed or
allowed by the county board of such county.
(Source: Laws 1965, p. 292.)
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(65 ILCS 5/11-4-11) (from Ch. 24, par. 11-4-11)
Sec. 11-4-11.
All provisions of law and ordinances authorizing the
commitment and confinement of persons in jails, bridewells and other city
prisons, are hereby made applicable to all persons who may or shall be,
under the provisions of this Division 4, sentenced to such house of
correction.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-12) (from Ch. 24, par. 11-4-12)
Sec. 11-4-12.
The inspectors of any such house of correction may establish
in connection with the house of correction a department thereof, to be
called a house of shelter, for the more complete reformation and education
of females. The inspectors shall adopt rules and regulations by which any
female convict may be imprisoned in one or more separate apartments of the
house of correction, or of the department thereof called the house of
shelter. The superintendent of the house of correction shall appoint, by
and with the advice of the board of inspectors, a matron and other teachers
and employees for the house of shelter, whose compensation shall be fixed
and provided for as in this Division 4 provided for the officers and other
employees of the house of correction.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-13) (from Ch. 24, par. 11-4-13)
Sec. 11-4-13.
The expenses of maintaining any such house of correction over
and above all receipts for the labor of persons confined therein, and such
sums of money as may be received from time to time by virtue of an
agreement with a county, as in this Division 4 contemplated, shall be
audited and paid from time to time by the corporate authority of such city,
and shall be raised, levied and collected as the ordinary expenses of the
city.
The corporate authorities of each municipality maintaining a house of
correction may require convicted persons confined therein to pay for the
expenses incurred by their incarceration to the extent of their ability
to pay for such expenses. The municipal attorney or corporation counsel,
if authorized by the corporate authorities, may institute civil actions
in the circuit court of the county in which such house of corrections is
located to recover from such convicted persons confined the expenses incurred
by their incarceration. Such expenses recovered shall be paid into the
municipal treasury.
(Source: P.A. 82-717.)
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(65 ILCS 5/11-4-14) (from Ch. 24, par. 11-4-14)
Sec. 11-4-14.
The inspectors of any such house of correction may enter into
an agreement with any officer of the United States authorized therefor to
receive and keep in such house of correction any person sentenced thereto,
or ordered to be imprisoned therein, by any court of the United States or
other federal officer, until discharged by law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-15) (from Ch. 24, par. 11-4-15)
Sec. 11-4-15.
In any such city, which prior to July 1, 1871, established a
bridewell for the confinement of convicted persons, such institution shall,
immediately upon the appointment of the inspectors in this Division 4
contemplated, be known and denominated as the house of correction of the
city in which it is located.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-16) (from Ch. 24, par. 11-4-16)
Sec. 11-4-16.
The superintendent of any such house of correction shall
receive a salary per annum, to be fixed by the corporate authorities of
such city, to be paid quarterly. The superintendent shall keep a record of
all infractions of the rules and discipline of the house of correction,
with the names of each, the convict offending, and the date and character
of each offense. Every misdemeanant in such house of correction shall be
allowed time off from his sentence in accordance with the provisions of the
"Misdemeanant Good Behavior Allowance Act", as heretofore and hereafter
amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-4-17) (from Ch. 24, par. 11-4-17)
Sec. 11-4-17.
The inspectors of any such house of correction and the
superintendent thereof, shall, before they enter on the duties of their
respective offices, take and subscribe the usual oath of office. The
inspectors and superintendent shall severally give bond to such city with
sureties, and in a penal sum such as may be required by the corporate
authorities thereof, for the faithful performance of their duties.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 5 heading) DIVISION 5.
PUBLIC ORDER REGULATIONS
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(65 ILCS 5/11-5-1) (from Ch. 24, par. 11-5-1)
Sec. 11-5-1.
The corporate authorities of each municipality may suppress
bawdy or disorderly houses and also houses of ill-fame or assignation,
within the limits of the municipality and within 3 miles of the outer
boundaries of the municipality. The corporate authorities may suppress
gaming, gambling houses, lotteries, and all fraudulent devices or practices
for the purpose of obtaining money or property and may prohibit the sale or
exhibition of obscene or immoral publications, prints, pictures, or
illustrations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-5-1.5)
Sec. 11-5-1.5. Adult entertainment facility. It is prohibited within a municipality to locate an adult entertainment
facility within 1,000 feet of the property
boundaries of any school, day care center, cemetery, public park, forest
preserve, public
housing, and place of religious
worship, except that in a county with a population of more than 800,000 and less than 2,000,000 inhabitants, it is prohibited to locate, construct, or operate a new adult entertainment facility within one mile of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, or place of religious worship located anywhere within that county. Notwithstanding any other requirements of this Section, it is also prohibited to locate, construct, or operate a new adult entertainment facility within one mile of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, or place of religious worship located in that area of Cook County outside of the City of Chicago.
For the purposes of this Section, "adult entertainment facility" means
(i) a striptease club or pornographic movie theatre
whose business is the commercial
sale, dissemination, or distribution of sexually explicit material,
shows, or other
exhibitions
or (ii) an adult bookstore or adult video store in which 25% or more of its stock-in-trade, books, magazines, and films for sale, exhibition, or viewing on-premises are sexually explicit material.
(Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07; 95-876, eff. 8-21-08.)
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(65 ILCS 5/11-5-2) (from Ch. 24, par. 11-5-2)
Sec. 11-5-2.
The corporate authorities of each municipality may prevent or
suppress riots, routs, affrays, noises, disturbances, trespasses, and
disorderly assemblies in any public or private place.
(Source: P.A. 76-639.)
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(65 ILCS 5/11-5-3) (from Ch. 24, par. 11-5-3)
Sec. 11-5-3.
The corporate authorities of each municipality may prevent
intoxication, fighting, quarreling, dog fights, cock fights, and all other
disorderly conduct.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-5-4) (from Ch. 24, par. 11-5-4)
Sec. 11-5-4.
The corporate authorities of each municipality may prevent
vagrancy, begging, and prostitution.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-5-5) (from Ch. 24, par. 11-5-5)
Sec. 11-5-5.
The corporate authorities of each municipality may prohibit
the parking of motor vehicles on private property without the consent of
the owner of the private property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-5-6) (from Ch. 24, par. 11-5-6)
Sec. 11-5-6.
The corporate authorities of each municipality may prohibit
cruelty to animals.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-5-7) (from Ch. 24, par. 11-5-7)
Sec. 11-5-7.
The corporate authorities of each municipality may license and
regulate and establish standards for the operation of ambulances. The
corporate authorities of each municipality may either contract for the
operation of or operate ambulances as a municipal service and may make
reasonable charges therefor and, in addition, may levy a tax for such
purpose not to exceed .015% of the value, as equalized or assessed by
the Department of Revenue, of all the taxable property
in the municipality if the question of such tax has been submitted to
the electors of the municipality and approved by a majority of those
voting on the question. The corporate authorities of any municipality
which has approved by referendum a tax of not to exceed .015% of the
value, as equalized or assessed by the Department of Revenue, of all the
taxable property in the municipality, may cause to
be submitted to
the electors of the municipality the question of increasing the said tax
to not to exceed .25% of the value, as equalized or assessed by the
Department of Revenue, of all the taxable property in
the municipality. The corporate authorities of any municipality which
has not approved by referendum a tax of not to exceed .015% of the
value, as equalized or assessed by the Department of Revenue, of all the
taxable property in the municipality, may cause to
be submitted to
the electors of the municipality the question of adopting a tax at a
rate not to exceed .25% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property in the
municipality. Such question shall be certified by the clerk and submitted
by the proper election authority at an election in accordance with the general
election law. The tax
authorized in this Section shall be in addition to and in
excess of the amount authorized to be levied for general purposes by
Section 8-3-1 of this Code.
This amendatory Act of 1971 does not apply to any municipality which
is a home rule unit.
This amendatory Act of 1972 does not apply to any municipality which
is a home rule unit.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-5-7.1) (from Ch. 24, par. 11-5-7.1)
Sec. 11-5-7.1.
The corporate authorities of any municipality which:
(1)
has a population between 10,000 and 45,000 and
lies within 2 counties with
respective populations between 400,000 and 575,000 and between 900,000 and
1,000,000; or (2) has a population between 9,000
and 25,000 and lies within a
single county with a population between 400,000 and 575,000, may levy an
annual tax at a rate not exceeding .095% of the value, as equalized and
assessed by the Department of Revenue, of all taxable property therein, for
the purpose of providing ambulance services pursuant to an intergovernmental
cooperation agreement with any other unit of local government. However,
no tax may be levied pursuant to this Section with respect to any property
which is subject to any other tax levied for the purpose of providing ambulance
services.
(Source: P.A. 92-662, eff. 7-16-02.)
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(65 ILCS 5/11-5-7.2)
Sec. 11-5-7.2.
Emergency medical services outside corporate limits.
A
municipality
may choose to provide emergency medical services on property outside its
corporate
limits. The corporate authorities of each municipality may fix, charge, and
collect
emergency medical service fees not exceeding the actual cost of the service for
all
emergency medical services rendered by the municipality against persons,
businesses,
and other entities that are not residents of the municipality. An additional
charge
may be levied to reimburse the municipality for extraordinary expenses of
materials used in rendering the services. Nothing in this Section shall impact
any
agreement entered into by a municipality and persons, businesses, and other
entities that are not residents of the municipality. Nothing in this Section
shall
require a municipality to supply any emergency medical services on property
located
outside the corporate limits of the municipality.
(Source: P.A. 93-304, eff. 7-23-03.)
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(65 ILCS 5/11-5-8) (from Ch. 24, par. 11-5-8)
Sec. 11-5-8.
The corporate authorities of each municipality may regulate mobile
homes, house trailers or similar portable structures used or so constructed
as to permit their being used as a dwelling place for one or more persons.
The corporate authorities may also locate or prohibit such structures which
are not within the confines of a mobile home park as authorized by law.
This amendatory Act of 1971 does not apply to any municipality which is a
home rule unit.
(Source: P.A. 77-1849.)
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(65 ILCS 5/11-5-9) Sec. 11-5-9. Truants. The corporate authorities of any municipality may adopt ordinances to regulate truants within its jurisdiction. These ordinances may include a graduated fine schedule for repeat violations, which may not exceed $100, or community service, or both, for violators 13 years of age or older and may provide for enforcement by citation or through administrative hearings as determined by ordinance. If the violator is under 13 years of age, the parent or custodian of the violator is subject to the fine or community service, or both. As used in this Section, "truants" means persons who are within the definition of "truant" in Section 26-2a of the School Code. Local officials or authorities that enforce, prosecute, or adjudicate municipal ordinances adopted under this Section or that work with school districts to address truancy problems are designated as (i) part of the juvenile justice system, established by the Juvenile Court Act of 1987, and (ii) "juvenile authorities" within the definition set forth in subsection (a)(6.5) of Section 10-6 of the Illinois School Student Record Act. Because truancy is a gateway to crime and one of the most powerful predictors of juvenile delinquent behavior, a school district may disclose education records relating to attendance to juvenile authorities if the school district determines that the disclosure will enhance the juvenile justice system's ability to effectively serve, prior to adjudication, the student whose records are released. Enforcement of a municipal ordinance adopted under this Section is pre-adjudicatory because it helps minors avoid adjudicatory hearings under the Juvenile Court Act of 1987. A school district may make a disclosure authorized under this Section only if the juvenile authority certifies in writing to the school district that the information will not be disclosed, without prior written consent of the parent or custodian of the student, to any other individual or entity, except as otherwise provided under State law. A home rule unit may not regulate truants in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.
(Source: P.A. 94-1011, eff. 7-7-06; 95-1016, eff. 6-1-09.) |
(65 ILCS 5/11-5-10) Sec. 11-5-10. Sound devices. The corporate authorities of a municipality may, by ordinance, regulate sound devices. For the purposes of this Section, "sound devices" means any radio, tape recorder, cassette player, or any other device for receiving broadcast sound or reproducing recorded sound.
(Source: P.A. 97-115, eff. 1-1-12.) |
(65 ILCS 5/11-5-11) Sec. 11-5-11. Portable audiovisual rigging at special events. (a) In municipalities that require permits for special events, no person may perform, or employ, direct or allow a person to perform, portable audiovisual rigging at a permitted special event unless the person performing such work holds a valid rigging certification from the Entertainment Technician Certification Program operated by the Entertainment Services and Technology Association. (b) As used in this Section: "Portable audiovisual rigging" means the temporary installation or operation of portable mechanical rigging and static rigging for the overhead suspension of portable audiovisual equipment, including, but not limited to: audio, video, lighting, backdrops, scenery, and other effects at a special event. "Portable audiovisual rigging" does not include freight handling or the transportation of heavy equipment. "Special event" means a planned temporary aggregation of attractions, including, but not limited to, public entertainment, food and beverage service facilities, sales of souvenirs or other merchandise, or similar attractions, that is: (1) conducted on the public way; or (2) conducted primarily outdoors on property open to | ||
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(A) includes activities that require the | ||
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(B) requires special municipal services, | ||
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"Special event" does not include a parade or athletic event for which a separate permit is required, a neighborhood block party at which no food, beverages, or merchandise are sold; indoor or outdoor events taking place on properties owned by the Metropolitan Pier and Exposition Authority; indoor or outdoor events taking place on hotel or convention center property in the State; a citywide festival conducted under an intergovernmental agreement authorized by ordinance; a motion picture, film, or television production; the installation of tents; or hangings of banners. (c) A home rule municipality may not regulate portable audiovisual rigging in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 102-32, eff. 6-25-21.) |
(65 ILCS 5/Art. 11 Div. 5.1 heading) DIVISION 5.1.
COORDINATOR OF FEDERAL AND STATE AID
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(65 ILCS 5/11-5.1-1) (from Ch. 24, par. 11-5.1-1)
Sec. 11-5.1-1.
The corporate authorities of any city, village, or incorporated town may
create the office of Coordinator of Federal and State Aid reporting to the
corporate authorities and assisting the corporate authorities with
development programs for which State or Federal funds are or may be
available and in the application for such funds. Any corporate authorities
choosing to establish such an office may provide for the compensation and
expenses of the person appointed as coordinator and such additional office
space as the board finds necessary.
(Source: Laws 1967, p. 3223.)
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(65 ILCS 5/11-5.1-2) Sec. 11-5.1-2. Military equipment surplus program. (a) For purposes of this Section: "Bayonet" means large knives designed to be attached to the
muzzle of a rifle, shotgun, or long gun for the purposes of
hand-to-hand combat. "Grenade launcher" means a firearm or firearm accessory
used to launch fragmentary explosive rounds designed to inflict death or cause great bodily harm. "Military equipment surplus program" means any federal or state program allowing a law enforcement agency to obtain
surplus military equipment, including, but not limited to, any
program organized under Section 1122 of the National Defense
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
Section 1033 of the National Defense Authorization Act for
Fiscal Year 1997 (Pub. L. 104-201) or any program established
by the United States Department of Defense under 10 U.S.C.
2576a. "Tracked armored vehicle" means a vehicle that provides
ballistic protection to its occupants and utilizes a tracked
system instead of wheels for forward motion not including vehicles listed in the Authorized Equipment List as published by the Federal Emergency Management Agency. "Weaponized aircraft, vessels, or vehicles" means any
aircraft, vessel, or vehicle with weapons installed. (b) A police department shall not request or receive from
any military equipment surplus program nor purchase or
otherwise utilize the following equipment: (1) tracked armored vehicles; (2) weaponized aircraft, vessels, or vehicles; (3) firearms of .50-caliber or higher; (4) ammunition of .50-caliber or higher; (5) grenade launchers, grenades, or similar | ||
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(6) bayonets. (c) A home rule municipality may not regulate the
acquisition of equipment in a manner inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule municipalities of powers and
functions exercised by the State. (d) If a police department requests other property not prohibited from a military equipment surplus
program, the police department shall publish notice of the
request on a publicly accessible website maintained by the
police department or the municipality within 14 days after the
request.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.) |
(65 ILCS 5/Art. 11 Div. 5.2 heading) DIVISION 5.2.
GRANTS TO COMMUNITY ACTION AGENCIES
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(65 ILCS 5/11-5.2-1) (from Ch. 24, par. 11-5.2-1)
Sec. 11-5.2-1.
The corporate authorities of any municipality may make grants to
Community Action Agencies which serve residents within the municipality
from funds received by the municipality pursuant to the "State and Local
Fiscal Assistance Act of 1972". Community Action Agencies are defined as
in Part A of Title II of the Federal Economic Opportunity Act of 1964,
as amended.
(Source: P.A. 80-863.)
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(65 ILCS 5/11-5.2-2) (from Ch. 24, par. 11-5.2-2)
Sec. 11-5.2-2.
The corporate authorities of any municipality may provide
for the establishment or maintenance, or may enter into contractual agreements
with other townships, municipalities or counties for the establishment or
maintenance of youth service bureaus, or may enter into contractual
agreements with established youth service bureaus, public or private,
serving the general area of the municipality. Such agreements shall be
written and shall provide for services to residents of the municipality
under 18 years of age, but agencies providing such services to adults in
addition to youths may qualify as youth service bureaus. "Youth service
bureau" means any public or private agency providing, or arranging for the
provision of, assistance to persons referred to such bureau by law
enforcement officials, court agencies and other agencies and individuals
with the intention of diverting such persons from formal processes of the
court. However, this Section shall not be construed to amend, modify or
have any effect on the Juvenile Court Act of 1987, as amended. For the
purposes of this Section, corporate
authorities are authorized to expend moneys not appropriated for other
purposes, including funds made available from the federal "State and Local
Fiscal Assistance Act of 1972". This Section shall not constitute a
limitation on or a prohibition of the exercise of powers of a home rule
municipality.
(Source: P.A. 85-1209.)
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(65 ILCS 5/11-5.2-3) (from Ch. 24, par. 11-5.2-3)
Sec. 11-5.2-3.
The corporate authorities of a municipality annually
may appropriate funds to private nonprofit organizations for the purpose
of providing services to runaway or homeless youths and their families.
Such services may include temporary shelter, food, clothing, medical care,
transportation, individual and family counseling, and any other service
necessary to provide adequate temporary, protective care for runaway or
homeless youths, and to reunite the youths with their parents or guardians.
For the purposes of this Section, "runaway or homeless youth" means a person
under the age of 18 years who is absent from his legal residence without
the consent of his parent or legal guardian, or who is without a place of
shelter where supervision and care are available.
(Source: P.A. 83-1284.)
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(65 ILCS 5/11-5.2-4) (from Ch. 24, par. 11-5.2-4)
Sec. 11-5.2-4.
The corporate authorities of any
municipality may enter into cooperative agreements with any other
governmental entity or any nonprofit community service association with
respect to the expenditure of municipal funds, or funds made available to
the municipality under the State and Local Fiscal Assistance Act of 1972,
in order to provide senior centers, transportation and social services for
the poor and aged.
(Source: P.A. 84-832.)
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(65 ILCS 5/Art. 11 Div. 5.3 heading) DIVISION 5.3.
EMERGENCY TELEPHONE SYSTEMS
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(65 ILCS 5/11-5.3-1) (from Ch. 24, par. 11-5.3-1)
Sec. 11-5.3-1.
The corporate authorities of any municipality may
exercise the powers granted to municipalities under the Emergency
Telephone System Act.
(Source: P.A. 85-978.)
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(65 ILCS 5/Art 11 prec Div 6 heading)
FIRE PROTECTION
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(65 ILCS 5/Art. 11 Div. 6 heading) DIVISION 6.
FIRE DEPARTMENTS AND PROTECTION
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(65 ILCS 5/11-6-1) (from Ch. 24, par. 11-6-1)
Sec. 11-6-1.
The corporate authorities of each municipality may provide and
operate fire stations, and all material and equipment that is needed for
the prevention and extinguishment of fires, and may enter into contracts or
agreements with other municipalities and fire protection districts for
mutual aid consisting of furnishing equipment and man power from and to
such other municipalities and fire protection districts.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-6-1.1)
Sec. 11-6-1.1.
Firefighting services outside corporate limits.
A
municipality
may choose to provide firefighting services to property outside its corporate
limits. The corporate authorities of each municipality may fix, charge, and
collect
firefighting service fees not exceeding the actual cost of the service for all
firefighting services rendered by the municipality against persons, businesses,
and other entities that are not residents of the municipality. An additional
charge
may be levied to reimburse the municipality for extraordinary expenses of
materials used in rendering the services. Nothing in this Section shall impact
any
agreement entered into by a municipality and persons, businesses, and other
entities that are not residents of the municipality. Nothing in this Section
shall
require a municipality to supply any firefighting services to property located
outside the corporate limits of the municipality.
(Source: P.A. 93-304, eff. 7-23-03.)
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(65 ILCS 5/11-6-2) (from Ch. 24, par. 11-6-2)
Sec. 11-6-2.
The corporate authorities of each municipality may contract
with fire protection districts organized under "An Act to create Fire
Protection Districts," approved July 8, 1927, as now or hereafter amended,
which are adjacent to the municipality, for the furnishing of fire
protection service for property located within the districts but outside
the limits of the municipality, and may supply fire protection service to
the owners of property which lies outside the limits of the municipality
and may set up by ordinance a scale of charges therefor. The
corporate
authorities of any municipality shall provide fire protection service for
public school buildings situated outside the municipality in accordance
with Section 16-10 of "The School Code".
(Source: P.A. 90-655, eff. 7-30-98.)
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(65 ILCS 5/11-6-3) (from Ch. 24, par. 11-6-3)
Sec. 11-6-3.
The corporate authorities of a municipality may contract with
the Board of Governors of State Colleges and Universities or the Board of
Regents of Regency Universities to provide fire protection to any
university under the jurisdiction of the respective Board and located, in
whole or in part, within the municipality. Such contract shall be as
specified by Section 9 of "An Act to provide for the management, operation,
control and maintenance of the State Colleges and Universities System",
approved July 2, 1951, as heretofore or hereafter amended, or paragraph (j)
of Section 8 of "An Act providing for the management, operation, control
and maintenance of the Regency Universities System", approved May 11, 1967,
as the case may be.
(Source: P.A. 76-825.)
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(65 ILCS 5/11-6-4) (from Ch. 24, par. 11-6-4)
Sec. 11-6-4.
The corporate authorities of any municipality may contract with the
board of any public community college district to reimburse
the municipality for any
additional costs for fire protection service, including equipment,
apparatus, or firemen occasioned by the presence of any public community college
building within the municipality.
(Source: P.A. 82-622.)
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(65 ILCS 5/11-6-5) Sec. 11-6-5. Reimbursement for specialized rescue services. The corporate authorities of a municipality that operates a fire department may fix, charge, and collect reasonable fees for specialized rescue services provided by the department. The total amount collected may not exceed the reasonable cost of providing those specialized rescue services and may not, in any event, exceed $125
per hour per vehicle and $35 per hour per firefighter. The fee may be charged to any of the following parties, but only after there has been a finding of fault against that party by the Occupational Safety and Health Administration or the Illinois Department of Labor: (a) the owner of the property on which the | ||
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(b) any person involved in an activity that caused or | ||
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(c) an individual who is rescued during the emergency | ||
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(d) in cases involving the recovery of property, any | ||
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For the purposes of this Section, the term "specialized rescue services" includes, but is not limited to, structural collapse, tactical rescue, high angle rescue, underwater rescue and recovery, confined space rescue, below grade rescue, and trench rescue.
(Source: P.A. 95-497, eff. 1-1-08.) |
(65 ILCS 5/11-6-6) Sec. 11-6-6. Technical rescue services. The corporate authorities of a municipality that operates a fire department may fix, charge, and collect reasonable fees for technical rescue services provided by the department. The total amount collected may not exceed the reasonable cost of providing the technical rescue services and may include charges for personnel and equipment costs.
(Source: P.A. 95-867, eff. 1-1-09.) |
(65 ILCS 5/11-6-7) Sec. 11-6-7. (Repealed).
(Source: P.A. 97-322, eff. 8-12-11. Repealed internally, eff. 6-30-12.) |
(65 ILCS 5/11-6-8) Sec. 11-6-8. Notification of sale of or changes to private or semi-private water systems. (a) For purposes of this Section, "private water system" and "semi-private water system" shall have the meanings ascribed to them in subsection (a) of Section 9 of the Illinois Groundwater Protection Act. (b) A municipality that provides and operates fire stations or otherwise provides firefighting services shall receive notice of the sale of a private water system or semi-private water system from the individuals or entities selling and purchasing the water system. The notice to the municipality shall include the status and capacity of the water system and the ability of the water system to be used for fire protection. (c) A municipality that provides and operates fire stations or otherwise provides firefighting services shall also receive notice from the owner of a private water system or semi-private water system if there are any changes to the water system that would affect fire protection services to areas served by the water system.
(Source: P.A. 99-487, eff. 11-20-15.) |
(65 ILCS 5/11-6-9) Sec. 11-6-9. Purchase of tires under joint purchasing authority. (a) As used in this Section: "Vehicle" has the meaning provided in Section 1-146 of the Illinois Vehicle Code. "Volunteer firefighter" means a firefighter who does not receive monetary compensation for his or her services to a municipal fire department. (b) If authorized by the fire chief of the fire department, any regularly enrolled volunteer firefighter may purchase 4 vehicle tires every 3 years through his or her fire department's or municipality's contract to purchase vehicle tires under Section 2 of the Governmental Joint Purchasing Act. The authorization must be in writing and on the fire department's letterhead, and must include the volunteer firefighter's name, the license plate number of the vehicle for the authorized purchase, and must reference the fire department's or municipality's joint purchasing agreement. (c) The fire department or municipality shall alone be responsible for documenting how many tires each volunteer firefighter purchases during the specified periods under this Section. (d) The firefighter shall pay for any tires, and any related taxes, purchased under this Section. (e) Purchase of tires under this Section are not considered tax exempt. (f) This Section applies to contracts first solicited under Section 4 of the Governmental Joint Purchasing Act on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-471, eff. 9-8-17.) |
(65 ILCS 5/11-6-10) Sec. 11-6-10. Reimbursement of volunteer fire protection assistance. (a) Municipalities may fix, charge, and collect fees not exceeding the reasonable cost of the service for all services rendered by a volunteer municipal fire department or a volunteer firefighter of any municipal fire department for persons, businesses, and other entities who are not residents of the municipality. (b) The charge for any fees under subsection (a) shall be computed at a rate not to exceed $250 per hour and not to exceed $70 per hour per firefighter responding to a call for assistance. An additional charge may be levied to reimburse the district for extraordinary expenses of materials used in rendering such services. No charge shall be made for services for which the total amount would be less than $50. (c) All revenue from the fees assessed pursuant to this Section shall be deposited into the general fund of the municipality. (d) Nothing in this Section shall allow a fee to be fixed, charged, or collected that is not allowed under any contract that a fire department has entered into with another entity, including, but not limited to, a fire protection district.
(Source: P.A. 99-770, eff. 8-12-16; 100-201, eff. 8-18-17.) |
(65 ILCS 5/11-6-11) Sec. 11-6-11. Mental health specialists; fire. The
corporate authorities of each municipality which has
established firefighting services shall ensure
that mental health resources, including counselors or therapists,
are available to that fire department's employees, whether through
direct employment by that department, contract employment,
or other means.
(Source: P.A. 101-375, eff. 8-16-19.) |
(65 ILCS 5/Art. 11 Div. 7 heading) DIVISION 7.
FIRE PROTECTION TAX--CITIES AND VILLAGES OF LESS THAN 500,000
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(65 ILCS 5/11-7-1) (from Ch. 24, par. 11-7-1)
Sec. 11-7-1.
The corporate authorities of any city or village containing
less than 500,000 inhabitants may levy, annually, a tax not to exceed .075%
of the value, as equalized or assessed by the Department of Revenue, of
all taxable property therein, to provide revenue for the purpose of fire
protection in the municipality. However, municipalities authorized to levy
this tax on July 1, 1967 shall have a rate limit of .15%, or the limit in
effect on July 31, 1969, whichever is greater. This tax shall be in addition
to and in excess of all taxes authorized by law to be levied and collected
in that municipality and shall be in addition to and in excess of the amount
authorized to be levied for general purposes as provided by Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-7-3) (from Ch. 24, par. 11-7-3)
Sec. 11-7-3.
In any municipality which is authorized to levy a tax
under Section 11-7-1 of this Division 7, the tax rate limit so
authorized may be increased to not to exceed .40%, or beginning in taxable
year 2000, .60%, of the value of all
the taxable property in such municipality, provided the proposition for
such tax rate increase has been submitted to the electors of that
municipality and approved by a majority of those voting on the question.
The referendum authorized by the terms of this section may be ordered by
the corporate authorities, the question to be certified by the clerk and
submitted at an election in accordance with the general election law.
However, any municipality whose rate limitation for fire protection
purposes is .30% on July 1, 1967 may by ordinance increase its rate
limit in the future for such purposes to .40% and any municipality which
levied a tax for fire protection purposes in 1960 and whose rate
limitation for such purposes is less than .30% on July 29, 1969 may by
ordinance increase its rate limit to .30%. A notice of the passage of
the ordinance establishing such rate limit at not to exceed .40% or
.30%, as the case may be, shall be published once in a newspaper having
a general circulation in the municipality. The publication of the notice
of the ordinance shall include a notice of (1) the specific number of
voters required to sign a petition requesting that the question of the
increased rate limit be submitted to the voters of the municipality; (2)
the time within 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.
The ordinance shall take effect 30 days after publication of that
notice unless within that time a petition, signed by not less than a
number of voters in the municipality equal to 10% or more of the
registered voters of the municipality is filed with the municipal clerk
requesting the submission to a referendum of the question of whether the
municipality shall have the authority to levy a tax for fire protection
purposes at not to exceed the rate limit specified in the ordinance. Any
such election shall be conducted in accordance with the general election law.
(Source: P.A. 91-299, eff. 7-29-99.)
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(65 ILCS 5/Art. 11 Div. 8 heading) DIVISION 8.
FIRE SAFETY REGULATIONS
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(65 ILCS 5/11-8-1) (from Ch. 24, par. 11-8-1)
Sec. 11-8-1.
The corporate authorities of each municipality may establish
and maintain for reasonable charges electrical appliances in public or
private buildings for fire and police protection upon application of the
custodian of public buildings, or of the owner of private buildings.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-2) (from Ch. 24, par. 11-8-2)
Sec. 11-8-2.
The corporate authorities of each municipality may prevent the
dangerous construction, installation and condition of chimneys, fireplaces,
hearths, stoves, furnaces, pipes, ovens, boilers, fuel conduits, electric
wiring and any other fire or heating apparatus used in and about any
building, structure or camp accommodating persons in house trailers, house
cars, and, if such enumerated are in a dangerous condition may cause them
to be removed or placed in a safe condition. The corporate authorities also
may cause all buildings and enclosures which are in a dangerous fire
condition to be put in a safe fire condition, may regulate and prevent the
carrying on of factories that are dangerous in causing or promoting fires,
and may prevent the deposit of ashes in places that create a fire hazard.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-3) (from Ch. 24, par. 11-8-3)
Sec. 11-8-3.
For the purpose of guarding against the calamities of fire,
the corporate authorities of each municipality may prescribe the limits
within which wooden buildings shall not be erected, placed, or repaired,
without permission, and, whenever buildings within the fire limits have
deteriorated or have been damaged by any means to the extent of 50% of
their value, may direct that such buildings shall be torn down or removed,
and to prescribe the manner of ascertaining whether the specified damage
has occurred.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-4) (from Ch. 24, par. 11-8-4)
Sec. 11-8-4.
The corporate authorities of each municipality may regulate
and prevent the storage of turpentine, tar, pitch, resin, hemp, cotton,
gunpowder, nitroglycerine, petroleum, or any of their products, and other
similar combustible or explosive materials; may regulate and prevent the
use of lights and combustible liquids in buildings, and the building of
bonfires; and may regulate and prevent the use of firecrackers, torpedoes,
and all sorts of fireworks provided that such regulation or prohibition is
consistent with the provisions of the following acts as such acts are
heretofore and hereafter amended: "The Fireworks Regulation Act of
Illinois" and "An Act to prohibit the sale, offering or exposing for sale
of fireworks; defining fireworks and to regulate the manner of using
fireworks, and to provide penalties for the violation of the provisions of
the Act," approved July 1, 1941.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-8-5) (from Ch. 24, par. 11-8-5)
Sec. 11-8-5.
The corporate authorities of each municipality may regulate
and prohibit the keeping of any lumber or coal yard, or the placing,
piling, or selling of any lumber, timber, wood, coal, or other combustible
material within the fire limits of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-8-6) (from Ch. 24, par. 11-8-6)
Sec. 11-8-6.
The corporate authorities of each municipality may regulate
persons engaged in the business of servicing, repairing or refilling fire
extinguishers.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 9 heading) DIVISION 9.
FIRE INSPECTION IN MUNICIPALITIES
OF 500,000 OR MORE
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(65 ILCS 5/11-9-1) (from Ch. 24, par. 11-9-1)
Sec. 11-9-1.
The fire inspector of every municipality with a population of
500,000 or more shall investigate the cause, origin, and circumstances of
every fire occurring in the municipality and shall especially investigate
whether it was the result of carelessness or design. Such an investigation
shall be begun within 2 days, not including Sunday, of the occurrence of a
fire. The fire inspector shall keep in his office a record of all fires
occurring in the municipality, together with a record of all the facts,
statistics, and circumstances, including the origin of the fire and the
value and ownership of the property destroyed, which may be determined by
the investigations provided for by this Division 9. This record shall be
open to public inspection at all times.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-9-2) (from Ch. 24, par. 11-9-2)
Sec. 11-9-2.
If he deems it necessary, the specified fire inspector shall
take, or cause to be taken, the sworn testimony of all persons supposed to
be cognizant of any facts or to have means of knowledge in relation to the
matters as to which an examination is required by Section 11-9-1 to be
made, and cause the testimony to be reduced to writing. If the fire
inspector is of the opinion that there is evidence sufficient to charge a
person with the crime of arson, the fire inspector shall cause that person
to be arrested and charged with that offense. He shall furnish to the
state's attorney the names of the witnesses and all information obtained by
him, including a copy of all pertinent and material testimony taken in the
case. The fire inspector shall report to the Director of Insurance, for the
Department of Insurance, as that Director requires, his proceedings and the
progress made in all prosecutions of arson and the result of all cases
which are finally disposed of.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-9-3) (from Ch. 24, par. 11-9-3)
Sec. 11-9-3.
The specified fire inspector has the powers of a trial judge
for the purpose of summoning and compelling the attendance of witnesses
before him to testify in relation to any matter which is, by the provisions
of Section 11-9-1, a subject of investigation. The fire inspector may also
administer oaths and affirmations to persons appearing as witnesses before
him. False swearing in any matter or proceeding provided for in Sections
11-9-1 and 11-9-2 is perjury and shall be punished as such. The fire
inspector and his subordinates have authority at all times of the day or
night, in the performance of the duties imposed by the provisions of
Sections 11-9-1 and 11-9-2, to examine any building or premises where a
fire has occurred and adjoining and nearby buildings and premises. All
investigations held by or under the direction of the fire inspector may be
private, in his discretion. Persons other than those required to be present
by the provisions of Sections 11-9-1 and 11-9-2 may be excluded from the
place where the investigation is held, and the witnesses may be kept apart
from each other and not allowed to communicate with each other until they
have been examined.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-9-4) (from Ch. 24, par. 11-9-4)
Sec. 11-9-4.
Any owner or occupant of a building or premises who fails to
comply with the orders of the fire inspector, as specified in Section
11-9-3, shall be guilty of a petty offense and shall be fined not less than
$10 nor more than $50 for each day's neglect. If the fire inspector
neglects or refuses to comply with any of the requirements of this Division
9, he shall be guilty of a petty offense.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art. 11 Div. 10 heading) DIVISION 10.
FOREIGN FIRE INSURANCE
COMPANY FEES
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(65 ILCS 5/11-10-0.01) Sec. 11-10-0.01. Short title. This Division may be cited as the Foreign Fire Insurance License Fee Act.
(Source: P.A. 102-740, eff. 1-1-23.) |
(65 ILCS 5/11-10-1) (from Ch. 24, par. 11-10-1)
Sec. 11-10-1. (a) In each municipality or fire protection district, whether
incorporated under a general or special law, which has a fire department
established and maintained by municipal or fire protection district
ordinances, every corporation, company, and association which is not
incorporated under the laws of this state and which is engaged in effecting
fire insurance in the municipality or fire protection district, shall pay
to the foreign fire insurance board or to the secretary of the fire
protection district for the maintenance, use, and benefit of the fire
department thereof, a sum of 2% of the gross receipts received
from fire insurance upon property situated within the municipality or
district.
Each designated
corporation, company, and association shall pay the sum so prescribed by this subsection,
upon the amount of all premiums which have been received during the year
ending on every first day of July for all fire insurance effected or agreed
to be effected on property situated within the municipality or fire
protection district, by that corporation, company, or association
respectively.
Every person who acts in any specified municipality or fire protection
district as agent, or otherwise, on behalf of a designated corporation,
company, or association, shall render to the treasurer of the foreign fire insurance board or secretary of the fire
protection district, on or before the fifteenth day of July of each year, a
full and true account, verified by his oath, of all of the premiums which,
during the year ending on the first day of July preceding the report, were
received by him, or by any other person for him on behalf of that
corporation, company, or association. He shall specify in this report the
amounts received for fire insurance, and he shall pay to the treasurer or to the secretary of the fire protection district, or to the treasurer's or secretary's designee, at
the time of rendering this report, the sum
fixed by this subsection.
If this account is not rendered on or before the fifteenth day of July
of each year, or if the sum due remains unpaid after that day, it shall be
unlawful for any corporation, company, or association, so in default, to
transact any business in the municipality or fire protection district until
the sum due has been fully paid. But this provision shall not relieve any
corporation, company, or association from the payment of any loss upon any
risk that may be taken in violation of this requirement.
The amount of this license fee may be recovered from the
corporation, company, association, or any third party which owes it, or from its agent, by
an action brought by a foreign fire insurance board or fire
protection district.
The foreign fire insurance board
or the secretary of the fire protection district, or the board's or secretary's authorized designee, may examine the books,
records, and other papers and documents of a designated agent, corporation,
company, or association for the purpose of verifying the correctness of the
report of the amounts received for fire insurance.
This subsection is applicable to receipts from contracts of
marine fire insurance. (b) A foreign fire insurance board aggrieved by a violation of this Section may file suit in the Circuit Court in the county where the alleged violation occurred. (c) The regulation of a foreign fire insurance board and its license fees are exclusive powers and functions of the State. A home rule municipality may not regulate a foreign fire insurance board and its license fees. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-740, eff. 1-1-23.)
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(65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
Sec. 11-10-2. (a) A foreign fire insurance board shall be created by and among the sworn members of the fire department of each municipality with fewer than 500,000 inhabitants that has an organized fire department. The board shall consist of 7 trustees; the fire chief, who shall hold office by virtue of rank, and 6 members, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates to fill all these positions, the number of board members may be reduced, but not to fewer than 3 trustees. All sworn members of the department shall be eligible to be elected as
officers of the foreign fire insurance board. The members of this board shall annually elect officers. These officers
shall be a chairman, a treasurer, and any other officers deemed necessary by the board. The members of the foreign fire insurance board shall make all needful rules and
regulations with respect to the foreign fire insurance board and
the management of the funds to be paid to the board. The foreign fire insurance board may establish, manage, and maintain an account for the holding and expenditure of all funds paid to the board. The foreign fire insurance board may contract for the purchase of goods and services using funds paid to the board. Contracting for services includes, but is not limited to, the procurement and payment of all accounting, legal, collection, or other professional services deemed by the board to be necessary to the execution of its duties under this Division using funds paid to the board. The foreign fire insurance board may sue all parties necessary to enforce its rights under this Section. The officers of the foreign fire insurance board
shall develop and maintain a listing of those items that the board feels are
appropriate
expenditures under this Act. The treasurer
of the foreign fire insurance board shall receive the funds paid as provided in Section 1
and shall pay out the funds upon the
order of the foreign fire insurance board for the
maintenance, use, and benefit of the department or as otherwise permitted by this Division. These
funds shall be audited to verify
that the funds have been expended by that board only for the maintenance, use, and benefit of the
department using funds paid to the board. Contracting for services includes, but is not limited to, the procurement and payment of all accounting, legal, collection, or other professional services deemed by the board to be necessary to the execution of its duties under this Division using funds paid to the board.
Disputes between a fire chief and the remaining members of a foreign fire insurance board concerning whether any expenditure of funds by the board is for the maintenance, use, or benefit of the department or for any other purpose authorized by this Division shall be resolved through binding arbitration, pursuant to a written arbitration agreement established by the foreign fire insurance board, that is recognized under the Uniform Arbitration Act. Arbitrations held pursuant to a written arbitration agreement are the exclusive remedy available for resolving such disputes. (b) As used in this subsection, "active member" means a member of the Chicago Fire Department who is not receiving a disability pension, retired, or a deferred pensioner of the Firemen's Annuity and Benefit Fund of Chicago. A department foreign fire insurance board is created within the Chicago Fire Department. The board shall consist of 7 trustees who shall be initially elected on or before January 1, 2019: the fire commissioner, who shall hold office by virtue of rank, and 6 elected trustees, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates seeking election to each vacant trustee position, the number of board members is reduced to 5 trustees, including the fire commissioner of the department, until the next election cycle when there are enough active members seeking election to fill all 7 member seats. All active members are eligible to be elected as trustees of the department foreign fire insurance board. Of the trustees first elected, 3 trustees shall be elected to a 2-year term and 3 trustees shall be elected to a 3-year term. After the initial election, a trustee shall be elected for a term of 3 years. If a member of the board resigns, is removed, or is unable to continue serving on the board, the vacancy shall be filled by special election of the active members or, in the case of a vacancy that will exist for fewer than 180 days until the term expires, by appointment by majority vote of the members of the board. The members of the board shall annually elect officers. These officers shall be a chairman, treasurer, and secretary. The trustees of the board shall make rules and regulations with respect to the board and the management of the money appropriated to the board. The officers of the board shall develop and maintain a listing of those items that the board believes are appropriate expenditures under this subsection. The treasurer of the board shall give a sufficient bond to the City of Chicago. The cost of the bond shall be paid out of the moneys in the board's fund. The bond shall be conditioned upon the faithful performance by the treasurer of his or her duties under the rules and regulations provided for in this subsection. The treasurer of the board shall receive the appropriated proceeds and shall disburse the proceeds upon the order of the board for the maintenance, use, and benefit of the department consistent with this subsection. As part of the annual municipal audit, these funds shall be audited to verify that the funds have been expended lawfully by the board consistent with this subsection. Within 30 days after receipt of any foreign fire insurance proceeds by the City of Chicago, the City of Chicago shall transfer the proceeds to the board by depositing the proceeds into an account determined by the board, except that if the effective date of this amendatory Act of the 100th General Assembly is after July 31, 2018, then the City of Chicago shall, for budget year 2019 only, transfer only 50% of the proceeds to the board. Notwithstanding any other provision of law: 50% of the foreign fire insurance proceeds received by the board shall be used for the maintenance, use, benefit, or enhancement of fire stations or training facilities used by the active members of the fire department; 25% of the foreign fire insurance proceeds received by the board shall be used for the maintenance, use, benefit, or enhancement of emergency response vehicles, tools, and equipment used by the active members of the department; and 25% of the foreign fire insurance proceeds received by the board shall be used for the maintenance and enhancement of the department and for the use and benefit of the active members of the department in a manner otherwise consistent with this subsection. Foreign fire insurance proceeds may not be used to purchase, maintain, or enhance personal property of a member of the department, except for personal property used in the performance of his or her duties or training activities. (c) The provisions of this Section shall be the exclusive power of the
State, pursuant to subsection (h) of Section 6 of Article VII of the
Constitution.
(Source: P.A. 102-740, eff. 1-1-23.)
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(65 ILCS 5/11-10-2.5) Sec. 11-10-2.5. Collection of licensing fees. A foreign fire insurance board created under this Division has the sole and exclusive authority to collect all licensing fees required to be paid by foreign fire insurance companies, corporations, associations, or third parties under this Division. This authority includes the right to designate a representative or agent authorized to collect such fees on their behalf. A board created pursuant to subsection (a) of Section 2 that does not collect licensing fees on its own accord, or that does not designate an authorized representative or agent to collect the fees on their behalf, shall have all fees collected on its behalf by a statewide organization of municipalities recognized under Section 1-8-1. Licensing fees collected from foreign fire insurance companies, corporations, associations, or third parties under a representative or agent authorized to do so by a foreign fire insurance board or by a statewide organization of municipalities recognized under Section 1-8-1 shall be paid promptly and directly to the treasurer of the foreign fire insurance board, less reasonable costs and expenses associated with the collection of the fees, as agreed to by the board.
(Source: P.A. 102-740, eff. 1-1-23.) |
(65 ILCS 5/11-10-3) (from Ch. 24, par. 11-10-3)
Sec. 11-10-3.
Any person, corporation, company, or association which
violates any of the provisions of this Division 10 is guilty of a Class B
misdemeanor.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art 11 prec Div 11 heading)
PLANNING, ZONING AND URBAN REHABILITATION
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(65 ILCS 5/Art. 11 Div. 11 heading) DIVISION 11.
URBAN REHABILITATION
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(65 ILCS 5/11-11-1) (from Ch. 24, par. 11-11-1)
Sec. 11-11-1.
The corporate authorities of each municipality have the
following powers: (1) to acquire by purchase, condemnation or otherwise any
improved or unimproved real property the acquisition of which is necessary
or appropriate for the rehabilitation or redevelopment of any blighted or
slum area or any conservation area as defined in Section 3 of the Urban
Community Conservation Act; (2) to remove or demolish sub-standard or other
buildings and structures from the property so acquired; (3) to hold or use
any of such property for public uses; and (4) to sell, lease or exchange
such property as is not required for the public purposes of the
municipality. In case of sale or lease the provisions of Sections 11-76-1
through 11-76-3 shall govern except when such sale or lease is made to a
public corporation or public agency, and except when the municipality is
the Local Public Agency under an urban renewal project as defined in
Section 11-11-2. Where a municipality is such a Local Public Agency the
corporate authorities thereof shall have the same powers, and be subject to
the same conditions, restrictions, limitations, penalties and definitions
of terms, and employ the same modes of procedure in the conveyance of real
property as are prescribed in Sections 15, 16, 17, 18 and 19 (except
omitting the provision requiring reimbursement of any public utility by the
purchaser) of the "Urban Renewal Consolidation Act of 1961", approved
August 15, 1961, as the same are now or may hereafter be amended, as
fully as if provisions contained in said sections of the "Urban Renewal
Consolidation Act of 1961" were set forth herein, except that the term
"Department" as therein used shall, as applied to such municipality, mean
the municipality as Local Public Agency. In case of exchange of property
for property privately owned 3 disinterested appraisers shall be appointed
to appraise the value of the property exchanged and such exchange shall not
be made unless the property received by the municipality is equal to or
greater in value than the property exchanged therefor, or if less than such
value the difference shall be paid in money. For the purposes of this
section, "blighted or slum area" means any area where buildings or
improvements, by reason of dilapidation, overcrowding, faulty arrangement
or design, lack of ventilation, light or sanitation facilities, deleterious
land uses, or any combination of these factors, are a detriment to public
safety, health or morals, and an area of not less in the aggregate than 2
acres has been designated by ordinance or resolution as an integrated
project for rehabilitation or redevelopment.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 77-656.)
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(65 ILCS 5/11-11-1.1) (from Ch. 24, par. 11-11-1.1)
Sec. 11-11-1.1.
The corporate authorities of each municipality have
the power to establish and operate a homestead program designed to rehabilitate
or construct dwellings in presently blighted areas.
"Homestead program" as used in this Section means a program of conveyances
of unoccupied dwellings and vacant land, for nominal or no consideration,
to heads of households 18 years of age or older who agree:
(a) to rehabilitate or construct qualifying dwellings on such property;
(b) to commence rehabilitation or construction within 60 days of conveyance;
(c) to occupy such property as a principal resident for not less than
3 years, complying with applicable health and safety standards;
(d) to permit reasonable periodic inspection by the municipality to determine
compliance with the conditions of conveyance; and
(e) to surrender and quit claim such property to the municipality, in
a condition at least equivalent to that when first conveyed, upon determination
of noncompliance.
The corporate authorities shall have all powers necessary for the development
and implementation of a homestead program, including but not limited to,
the power to designate a homestead area, to enter into agreements with the
federal government to receive repossessed homes, to establish guidelines for determining
qualified recipients, to dispose of property by lottery or conveyance for
nominal or no consideration, and to appoint a Homestead Board or designate
a not-for-profit corporation as its agent to administer the program and
establish standards of rehabilitation and construction.
(Source: P.A. 83-656.)
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(65 ILCS 5/11-11-2) (from Ch. 24, par. 11-11-2)
Sec. 11-11-2.
The corporate authorities of each municipality may borrow
money or other property and accept contributions, capital grants, gifts,
donations, services or other financial assistance from the United States of
America, the Housing and Home Finance Agency or any other agency or
instrumentality, corporate or otherwise, of the United States of America
for or in aid of an "Urban Renewal Project" as defined in the Act of
Congress approved August 2, 1954, being Public Law 560-83rd Congress, known
as the "Housing Act of 1954", and which the municipality is authorized to
effectuate, and to this end the municipality may comply with such
conditions and enter into such agreements upon such covenants, terms and
conditions as the corporate authorities may deem necessary, appropriate,
convenient or desirable. The corporate authorities may issue bonds,
debentures, notes, special certificates or other evidences of indebtedness
in order to secure loans made pursuant hereto. However, any such bonds,
debentures, notes, special certificates or other evidence of indebtedness
issued hereunder shall be payable solely out of the proceeds from the sale
of real property acquired in the project area, out of any revenue from the
operation, management or demolition of existing buildings or improvements
of any real property acquired in such project area, out of such capital
grants as the municipality may receive from the United States of America or
any agency or instrumentality thereof, or out of any local cash or non-cash
grants-in-aid, as defined in the Act of Congress approved July 15, 1949,
being Public Law 171--81st Congress, known as the "Housing Act of 1949", as
amended, including the Housing Act of 1954, which the municipality or
public body or any other entity may make in connection with the
implementation of such Urban Renewal Project.
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.
Any municipality having a population of 500,000 or more may enter into a
contract with the United States of America or any agency or instrumentality
thereof and agree to the extent authorized by law, to provide such local
grants-in-aid. Notwithstanding any other provision of this Code, such
contract may contain a provision pledging the municipality to provide such
local grants-in-aid over a period of time, not to exceed 5 years from the
date of such contract.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/11-11-3) (from Ch. 24, par. 11-11-3)
Sec. 11-11-3.
In addition to all other powers granted municipalities, and
not in derogation thereof, the corporate authorities of any municipality
which is the Local Public Agency under an urban renewal project as defined
in Section 11-11-2 shall have the same powers, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of terms,
and employ the same modes of procedure in the incurrence of indebtedness
and the issuance of bonds as are prescribed in Sections 27 and 28 of the
"Urban Renewal Consolidation Act of 1961", approved August 15, 1961, as the
same are now or may hereafter be amended, as fully as if provisions
contained in said sections of the "Urban Renewal Consolidation Act of 1961"
were set forth herein, except that the term "Department" as therein used
shall, as applied to such municipality, mean the municipality as Local
Public Agency.
(Source: Laws 1963, p. 2217.)
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(65 ILCS 5/Art. 11 Div. 11.1 heading) DIVISION 11.1.
FAIR HOUSING
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(65 ILCS 5/11-11.1-1) (from Ch. 24, par. 11-11.1-1)
Sec. 11-11.1-1.
The corporate authorities of any municipality may enact
ordinances prescribing fair housing practices, defining unfair housing
practices, establishing Fair Housing or Human Relations Commissions and
standards for the operation of such Commissions in the administering and
enforcement of such ordinances, prohibiting discrimination based on race,
color, religion, sex, creed, ancestry, national origin, or physical
or mental disability in
the listing, sale, assignment, exchange, transfer, lease, rental or
financing of real property for the purpose of the residential occupancy
thereof, and prescribing penalties for violations of such ordinances.
Such ordinances may provide for closed meetings of the Commissions or
other administrative agencies responsible for administering and enforcing
such ordinances for the purpose of conciliating complaints of
discrimination and such meetings shall not be subject to the provisions of
"An Act in relation to meetings", approved July 11, 1957, as amended. No
final action for the imposition or recommendation of a penalty by such
Commissions or agencies shall be taken, except at a meeting open to the
public.
To secure and guarantee the rights established by Sections 17, 18 and
19 of Article I of the Illinois Constitution, it is declared that any ordinance
or standard enacted under the authority of this Section or under general
home rule power and any standard, rule or regulation of such a Commission
which prohibits, restricts, narrows or limits the housing choice of any person is
unenforceable and void.
Nothing in this amendatory Act of 1981 prohibits such a commission
or a unit of local government from making special outreach efforts to
inform members of minority groups of housing opportunities available in
areas of majority white concentration and make
similar efforts to inform the majority white population of available
housing opportunities located in areas
of minority concentration.
This amendatory Act of 1981 applies to municipalities which are home rule
units. Pursuant to Article VII, Section 6, paragraph (i) of the Illinois
Constitution, this amendatory Act of 1981 is a limit on the power of municipalities
that are home rule units.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/Art. 11 Div. 11.2 heading) DIVISION 11.2.
IMPROVEMENT OF GROUP RELATIONS
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(65 ILCS 5/11-11.2-1) (from Ch. 24, par. 11-11.2-1)
Sec. 11-11.2-1.
The corporate authorities of any municipality may perform such acts and
promulgate such regulations as are necessary or proper for the promotion of
harmonious relations between racial and economic groups within the
municipality, including, but not limited to, the promotion and development
of public education and information programs emphasizing the contributions
of such groups to the historical and cultural development of the community
and the nation, establishing vocational guidance and employment opportunity
programs to assist members of minority racial and ethnic groups,
establishment of programs to aid in locating housing for such minority
groups, and to assist in the adjustment of such persons to living in urban
environments.
(Source: P.A. 76-1021.)
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(65 ILCS 5/11-11.2-2) (from Ch. 24, par. 11-11.2-2)
Sec. 11-11.2-2.
For the purpose of carrying out the powers granted by this Division, the
corporate authorities may employ such personnel and acquire by purchase or
lease, such real or personal property as they deem necessary and may
provide for the compensation of such personnel and other expenses in the
annual appropriation ordinance through the use of corporate funds. Any
municipality has the power to enter into contracts with any public or
private agency undertaking such programs and authorize such agencies to act
on behalf of the municipality. Such contracts may provide that the cost of
all or a portion of such programs will be paid by the municipality. Any
public or private agency acting under such contract shall report at least
once each year to the corporate authorities of the municipality.
(Source: P.A. 76-1021.)
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(65 ILCS 5/11-11.2-3) (from Ch. 24, par. 11-11.2-3)
Sec. 11-11.2-3.
To assist in carrying out the powers granted in this Division, the
corporate authorities may receive financial assistance from the United
States, or any of its agencies or instrumentalities, or the State of
Illinois, and undertake such responsibilities and comply with such
conditions as may be required by law to receive such assistance. The
corporate authorities may also receive gifts, donations, legacies,
and other
financial assistance from private persons, corporations or foundations, and
devote such assistance to programs developed under this Division.
(Source: P.A. 83-388.)
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(65 ILCS 5/Art. 11 Div. 12 heading) DIVISION 12.
PLAN COMMISSIONS
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(65 ILCS 5/11-12-4) (from Ch. 24, par. 11-12-4)
Sec. 11-12-4.
Every municipality may create a plan commission or a planning
department or both. A plan commission shall be appointed by a mayor of a
city or president of a village board subject to confirmation by the
corporate authorities. Members of the plan commission shall reside within
the municipality or within territory contiguous to the municipality and not
more than one and one-half miles beyond the corporate limits and not
included within any other municipality. A planning department shall be
created, organized and staffed in such manner as the municipality may
provide by ordinance. The plan commission shall consist of a chairman and
members serving for such terms and such compensation, if any, as the
corporate authorities of the municipality may prescribe by ordinance. The
ordinance may provide that the plan commission shall have a paid secretary
or staff or both. Any plan commission or planning department now existing
and officially created by ordinance of any municipality may continue to
function under the authority of such prior ordinance and any such plan
commission or planning department shall have and exercise all the powers
conferred by law as fully as if it had been created hereunder. Any
municipality which has or shall hereafter create a plan commission or
planning department may appropriate from any funds under its control and
not otherwise appropriated, such sums as the corporate authorities may deem
proper for the maintenance and operation of such plan commission or
planning department, including the salaries of all paid members and
employees; the development of a planning program; the preparation of
regulations, projects and programs pertinent to the development,
redevelopment and renewal of the municipality and such surrounding
territory over which the municipality exercises subdivision jurisdiction;
the preparation and revision of the official map and the exercise of such
powers germane to the purposes for which it was created as may be conferred
upon the plan commission or planning department by ordinance.
Municipalities may accept, receive and expend funds, grants and services
from the federal government or its agencies, or from the State of Illinois
or its agencies or from private persons or corporations or foundations for
planning purposes generally or for planning specific projects.
(Source: P.A. 76-601.)
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(65 ILCS 5/11-12-4.1) (from Ch. 24, par. 11-12-4.1)
Sec. 11-12-4.1.
Whenever a municipality of more than 500,000
population has created a plan commission pursuant to the provisions of
this Division 12, every plan, design or other proposal by any public
body or agency which requires the acquisition or disposition of real
property within the territorial limits of the municipality by any public
body or agency, or which changes the use of any real property owned or
occupied by any public body or agency or the location of any improvement
thereon within the territorial limits of the municipality, shall be
referred to the plan commission by such public body or agency not less
than 30 days prior to any election for the purpose of authorizing the
borrowing of money for, or any action by such public body or agency to
appropriate funds for, or to authorize such changes or the acquisition
or disposition of such real property, but in no event shall such
referral be less than 30 days prior to making such changes or acquiring
or disposing of such real property. The plan commission shall review
every such plan, design or other proposal and shall within 30 days after
submission thereof report to the public body or agency having
jurisdiction over such real property or improvement thereon concerning
the conformity of the plan, design, or other proposal with the long
range planning objectives of the municipality and with the official plan
for the municipality or any part thereof if the same shall then be in
effect as provided in Section 11-12-2. Such report shall be spread of
record in the minutes or record of proceedings of such public body or
agency. A report that any such plan, design, or other proposal is not in
conformity with the long range planning objectives of the municipality,
or the official plan for the municipality shall be accompanied by a
written statement of the respects in which such conformity is lacking
but such a report shall not bar the public body or agency having
jurisdiction over such real property or improvement thereon from
thereafter making such changes or acquiring or disposing of such real
property. The failure of the plan commission to report on any such plan,
design, or other proposal within 30 days after submission of the same to
it, shall be deemed to be a report that such plan, design, or other
proposal conforms in all respects with the long range planning
objectives and the official plan of the municipality.
As used in this section the terms "public body" or "agency" include
the State of Illinois, any county, township, district including the Chicago
Park District, school,
authority, municipality, or any official, board, commission or other
political corporation or subdivision of the State of Illinois, now or
hereafter created, whether herein specifically mentioned or not.
(Source: P.A. 81-411.)
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(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
Sec. 11-12-5.
Every plan commission and planning department authorized by
this Division 12 has the following powers and whenever in this Division 12
the term plan commission is used such term shall be deemed to include the
term planning department:
(1) To prepare and recommend to the corporate | ||
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(2) To recommend changes, from time to time, in the | ||
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(3) To prepare and recommend to the corporate | ||
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(4) To give aid to the municipal officials charged | ||
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(5) To prepare and recommend to the corporate | ||
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(6) To exercise such other powers germane to the | ||
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For purposes of implementing ordinances regarding developer
donations
or
impact fees,
and specifically for expenditures thereof,
"school grounds" is defined as including land or site
improvements,
which include
school buildings or other infrastructure, including technological infrastructure, necessitated and specifically and
uniquely attributed to the
development or subdivision in question. This amendatory Act of the 93rd
General Assembly applies to all impact fees or developer donations paid into a
school district or held in a separate account or escrow fund by any school
district
or municipality for a school district.
(Source: P.A. 98-741, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(65 ILCS 5/11-12-5.1) (from Ch. 24, par. 11-12-5.1)
Sec. 11-12-5.1.
School land donations.
The governing board of a school
district may submit to the corporate authorities of a municipality having
a population of less than 500,000 which is served by the school district a
written request that a meeting be held to discuss school land donations
from a developer of a subdivision or resubdivision of land included within
the area served by the school district. For the purposes of this Section,
"school land donation" means a donation of land for public school purposes
or a cash contribution in lieu thereof, or a combination of both.
(Source: P.A. 86-1023; 86-1039.)
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(65 ILCS 5/11-12-6) (from Ch. 24, par. 11-12-6)
Sec. 11-12-6.
An official comprehensive plan, or any amendment thereof, or
addition thereto, proposed by a plan commission shall be effective in the
municipality and contiguous area herein prescribed only after its formal
adoption by the corporate authorities. Such plan shall be advisory and in
and of itself shall not be construed to regulate or control the use of
private property in any way, except as to such part thereof as has been
implemented by ordinances duly enacted by the corporate authorities. At any
time or times, before or after the adoption of the official comprehensive
plan by the corporate authorities, such corporate authorities may designate
by ordinance an official map, which map may consist of the whole area
included within the official comprehensive plan or one or more separate
geographical or functional parts, and may include all or any part of the
contiguous unincorporated area within one and one-half miles from the
corporate limits of the municipality. Such map or maps shall be made a part
of the ordinance, which ordinance shall specifically state standard
requirements of the municipality relating to size of streets, alleys,
public ways, parks, playgrounds, school sites, other public grounds, and
ways for public service facilities; the kind and quantity of materials
which shall be used in the construction of streets, and alleys; and the
kind and quality of materials for public service facilities as may be
consistent with Illinois Commerce Commission or industry standards, and
shall contain the standards required for drainage and sanitary sewers and
collection and treatment of sewage. The map shall be drawn to scale, shall
be reasonably accurate, and shall show north point, section lines and
numbers, and streams.
Said official comprehensive plan and the ordinance or ordinances
including the official map shall be placed on file with the Municipal Clerk
and shall be available at all times during business hours for public
inspection. Copies of said plan, all ordinances implementing the same and
including the official map, shall be made available to all interested
parties upon payment of such sum as the corporate authorities shall
determine to be adequate to reimburse the general fund of the municipality
for the cost of printing and distributing the same.
(Source: Laws 1961, p. 2757.)
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(65 ILCS 5/11-12-7) (from Ch. 24, par. 11-12-7)
Sec. 11-12-7.
The corporate authorities may initiate plans and maps by requesting the
plan commission to prepare an official comprehensive plan and recommend the
same, or may originate an official comprehensive plan, or a part thereof,
or an amendment thereto, and may refer same or suggested changes in an
existing comprehensive plan to the plan commission for its consideration
and recommendation thereon. No comprehensive plan or amendment thereto
shall be adopted that has not been submitted to the plan commission.
The corporate authorities may adopt parts of a comprehensive plan
recommended by a plan commission without adopting the entire comprehensive
plan as recommended, or may modify or amend portions of a recommended
comprehensive plan without a re-reference of same to the plan commission,
and may adopt such comprehensive plan, as modified or amended. Such
comprehensive plan, when adopted, shall be the official comprehensive plan,
or part thereof, of that municipality.
Upon submission by the corporate authorities of any suggested
comprehensive plan, part thereof, or amendment to an existing comprehensive
plan to the plan commission for consideration and recommendation, the
corporate authorities may require a report thereon from the plan commission
with its recommendation within 90 days from the date of such submission,
and if the plan commission shall fail to make such report within such 90
days, then the corporate authorities may proceed to consider such
comprehensive plan, or part thereof or amendment to an existing
comprehensive plan, for adoption, including arranging for and holding of a
public hearing thereon in accordance with the provisions hereinafter
contained in the same manner as if the plan commission had made its
recommendation.
On and after the effective date of this amendatory act of 1961, an
official comprehensive plan, or any amendment thereof, shall not be adopted
by a municipality until notice and opportunity for public hearing have
first been afforded in the manner herein provided. Upon submission of a
comprehensive plan by the plan commission, or a proposed amendment to an
existing comprehensive plan, the corporate authorities shall schedule a
public hearing thereon, either before the plan commission or the corporate
authorities. Not less than 15 days' notice of the proposed hearing, and the
time and place thereof, shall be given by publication in a newspaper of
general circulation in the county or counties in which the municipality and
contiguous unincorporated territory are located. The hearing shall be
informal, but all persons desiring to be heard in support or opposition to
the comprehensive plan or amendment shall be afforded such opportunity, and
may submit their statements, orally, in writing, or both. The hearing may
be recessed to another date if not concluded, if notice of the time and
place thereof is publicly announced at the hearing or is given by newspaper
publication not less than 5 days prior to the recessed hearing.
Within 90 days after the conclusion of the hearing, the corporate
authorities, after consideration of the recommendation of the plan
commission and such information as shall have been derived from the
hearing, shall either adopt the comprehensive plan or amendment in whole or
in part or reject the entire comprehensive plan or amendment. If adopted,
the corporate authorities shall enact the ordinance including a map or maps
as hereinbefore provided. In adopting an official comprehensive plan,
except as herein otherwise provided, the corporate authorities shall be
subject to the same limitations as to subject matter as apply to the plan
commission. If at the expiration of such 90 days, the corporate authorities
have taken no formal action, the comprehensive plan or amendment thereto
may thereafter not be acted upon by the corporate authorities without again
complying with the conditions of notice and hearing heretofore provided.
No official map, or amendment or addition thereto, shall be ground for
rejection of any plat of subdivision or resubdivision by the corporate
authorities, if application for final approval of such subdivision or
resubdivision is filed with the corporate authorities 15 days or more prior
to the date on which the ordinance approving the official map, or amendment
or addition thereto, is adopted.
The comprehensive plan or amendment shall become effective upon the
expiration of 10 days after the date of filing notice of the adoption of
such comprehensive plan or amendment with the recorder of the county.
Whenever used in this Section 11-12-7 the words "plans" or "comprehensive
plan" shall be deemed to mean and include, where applicable, an official
map or maps.
(Source: P.A. 83-358.)
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(65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
Sec. 11-12-8.
Compliance of plat with map; designation of public lands;
approval;
bond; order; failure to act upon plat.
The corporate authorities of the municipality shall determine whether a
proposed plat of subdivision or resubdivision complies with the official
map. To secure such determination, the person requesting the subdivision or
resubdivision shall file four copies of a plat thereof with the clerk of
the municipality, and shall furnish therewith four copies of all data
necessary to show compliance with all applicable municipal regulations and
shall make application for preliminary or final approval of the proposed
plat.
Whenever the reasonable requirements provided by the ordinance including
the official map shall indicate the necessity for providing for a school
site, park site, or other public lands within any proposed subdivision for
which approval has been requested, and no such provision has been made
therefor, the municipal authority may require that lands be designated for
such public purpose before approving such plat. Whenever a final plat of
subdivision, or part thereof, has been approved by the corporate
authorities as complying with the official map and there is designated
therein a school site, park site or other public land, the corporate
authorities having jurisdiction of such use, be it a school board, park
board or other authority, such authority shall acquire the land so
designated by purchase or commence proceedings to acquire such land by
condemnation within one year from the date of approval of such plat; and if
it does not do so within such period of one year, the land so designated
may then be used by the owners thereof in any other manner consistent with
the ordinance including the official map and the zoning ordinance of the
municipality.
The corporate authorities may by ordinance provide that a plat of
subdivision may be submitted initially to the plan commission for
preliminary approval. The application for preliminary approval shall show
location and width of proposed streets and public ways, shall indicate
proposed location of sewers and storm drains, proposed dedication of public
grounds, if any, lot sizes, proposed easements for public utilities, and
proposed method of sewage and waste disposal, but need not contain
specifications for proposed improvements.
The plan Commission shall approve or disapprove the application for
preliminary approval within 90 days from the date of the application or the
filing by the applicant of the last item of required supporting data,
whichever date is later, unless such time is extended by mutual consent. If
such plat is disapproved, then within said 90 days the plan commission
shall furnish to applicant in writing a statement setting forth the reason
for disapproval and specifying with particularity the aspects in which the
proposed plat fails to conform to the ordinances including official map. If
such plat is approved the corporate authority shall accept or reject said
plat within 30 days after its next regular stated meeting following the
action of the plan commission. Preliminary approval shall not qualify a
plat for recording.
Application for final approval of a plat shall be made not later than
one year after preliminary approval has been granted. This application must
be supported by such drawings, specifications and bond as may be necessary
to demonstrate compliance with all requirements of this statute and such
regulations as the corporate authorities may provide by ordinance under
authority of this statute.
This Section is subject to the provisions of Section 11-39-3 of this
Code.
The applicant may elect to have final approval of a geographic part or
parts of the plat that received preliminary approval, and may delay
application for approval of other parts until a later date or dates beyond
one year with the approval of the municipal authorities; provided, all
facilities required to serve the part or parts for which final approval is
sought have been provided. In such case only such part or parts of the plat
as have received final approval shall be recorded.
When a person submitting a plat of subdivision or resubdivision for
final approval has supplied all drawings, maps and other documents required
by the municipal ordinances to be furnished in support thereof, and if all
such material meets all municipal requirements, the corporate authorities
shall approve the proposed plat within 60 days from the date of filing the
last required document or other paper or within 60 days from the date of
filing application for final approval of the plat, whichever date is later.
The applicant and the corporate authorities may mutually agree to extend
the 60 day period.
Except as provided in Section 3 of the Public Construction Bond Act, the
corporate authorities may provide that any person, firm or
corporation seeking approval of a subdivision or resubdivision map or plat
shall post a good and sufficient cash bond, irrevocable letter of credit,
or surety bond with the municipal clerk in a penal
sum sufficient to cover the estimate made by the municipal engineer, or
other authorized person, of expenditures, including but not limited to
reasonable inspection fees to be borne by the applicant, necessary to
conform to the requirements established and conditioned upon completion of
said requirements in a reasonable time. The corporate authorities may, by
ordinance, prescribe the form of the cash bond, irrevocable letter of
credit, or surety bond and may require surety to be
approved by the corporate authorities; provided, that a municipality may
permit the depositing of cash or other security acceptable to the corporate
authorities, to complete the improvements required in lieu of a bond if it
shall so provide by ordinance; and further provided, that no bond or
security shall be required to be filed until the corporate authorities have
approved the plat in all other respects and have notified the applicant of
such approval. If the corporate authorities require a cash bond, letter of
credit, surety, or any other method to cover the costs and expenses and to
insure
completion of the requirements, the requirements shall be
subject to the provisions of Section 11-39-3 of this
Code.
If the preliminary or final plat is approved, the municipal clerk shall
attach a certified copy of the order or resolution of approval to a copy of
the plat. If the proposed plat is disapproved, the order or resolution
shall state the reasons for the disapproval, specifying with particularity
the aspects in which the proposed plat fails to conform to the official
map. A copy of the order or resolution shall be filed in the office of the
municipal clerk.
If the corporate authorities fail to act upon the final plat within the
time prescribed the applicant may, after giving 5 days written notice to
the corporate authorities, file a complaint for summary judgment in the
circuit court and upon showing that the corporate authorities have failed
to act within the time prescribed the court shall enter an order
authorizing the recorder to record the plat as
finally submitted
without the approval of the corporate authorities. A plat so recorded shall
have the same force and effect as though that plat had been approved by the
corporate authorities. If the corporate authorities refuse to act upon the
final plat within the time prescribed and if their failure to act thereon
is wilful, upon such showing and upon proof of damages the municipality
shall be liable therefor.
(Source: P.A. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)
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(65 ILCS 5/11-12-9) (from Ch. 24, par. 11-12-9)
Sec. 11-12-9. If unincorporated territory is within one and one-half miles
of the boundaries of two or more corporate authorities that have adopted
official plans, the corporate authorities involved may agree upon a line
which shall mark the boundaries of the jurisdiction of each of the
corporate authorities who have adopted such agreement. On and after
September 24, 1987, such agreement may provide that one or more of the
municipalities shall not annex territory which lies within the jurisdiction
of any other municipality, as established by such line. In the absence of
such a boundary line agreement, nothing in this paragraph shall be
construed as a limitation on the power of any municipality to annex
territory. In arriving at an agreement for a jurisdictional boundary line,
the corporate authorities concerned shall give consideration to the natural
flow of storm water drainage, and, when practical, shall include all of any
single tract having common ownership within the jurisdiction of one
corporate authority. Such agreement shall not become effective until copies
thereof, certified as to adoption by the municipal clerks of the respective
municipalities, have been filed in the Recorder's Office and made available
in the office of the municipal clerk of each agreeing municipality.
Any agreement for a jurisdictional boundary line shall be valid for such
term of years as may be stated therein, but not to exceed 20 years, and if
no term is stated, shall be valid for a term of 20 years. The term of such
agreement may be extended, renewed or revised at the end of the initial or
extended term thereof by further agreement of the municipalities.
In the absence of such agreement, the jurisdiction of any one of the
corporate authorities shall extend to a median line equidistant from its
boundary and the boundary of the other corporate authority nearest to the
boundary of the first corporate authority at any given point on the line.
On and after January 1, 2006, no corporate authority may enter into an agreement pursuant to this Section unless, not less than 30 days and not more than 120 days prior to formal approval thereof by the corporate authority, it shall have first provided public notice of the proposed boundary agreement by both of the following: (1) the posting of a public notice for not less than | ||
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(2) publication on at least one occasion in a | ||
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The validity of a boundary agreement may not be legally challenged on the grounds that the notice as required by this Section was not properly given unless the challenge is initiated within 12 months after the formal approval of the boundary agreement.
An agreement that addresses jurisdictional boundary lines shall be entirely unenforceable for any party thereto that subsequently enters into another agreement that addresses jurisdictional boundary lines that is in conflict with any of the terms of the first agreement without the consent of all parties to the first agreement.
For purposes of this Section, it shall not be considered a "conflict" when a municipality that is a party to a jurisdictional boundary line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary line agreement. This amendatory Act of 1990 is declarative of the existing law and
shall not be construed to modify or amend existing boundary line
agreements, nor shall it be construed to create powers of a municipality not
already in existence.
Except for those provisions to take effect prospectively, this amendatory Act of the 94th General Assembly is declarative of existing law and shall not be construed to modify or amend existing boundary line agreements entered into on or before the effective date of this amendatory Act, nor shall it be construed to create powers of a municipality not already in existence on the effective date of this amendatory Act.(Source: P.A. 99-292, eff. 8-6-15.)
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(65 ILCS 5/11-12-10) (from Ch. 24, par. 11-12-10)
Sec. 11-12-10.
The provisions of this amendatory Act of 1961 shall not
affect the validity of any official plan or map adopted and in force prior
to the effective date hereof.
(Source: Laws 1961, p. 2757.)
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(65 ILCS 5/11-12-11) (from Ch. 24, par. 11-12-11)
Sec. 11-12-11.
If a municipality has adopted an official plan or map
pursuant to the authority granted by this Division 12, the territory
subject to that plan shall be exempt from the application of any less
restrictive rules or regulations adopted by a County Board under the
provisions of Section 5-1042 of the Counties Code.
(Source: P.A. 86-1475.)
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(65 ILCS 5/11-12-12) (from Ch. 24, par. 11-12-12)
Sec. 11-12-12.
No map or plat of any subdivision presented for record
affecting land (1) within the corporate limits of any municipality which
has heretofore adopted, or shall hereafter adopt an ordinance including an
official map in the manner prescribed in this Division 12, or (2) within
contiguous territory which is not more than 1 1/2 miles beyond
the corporate limits of an adopting municipality, shall be entitled to
record or shall be valid unless the subdivision shown thereon provides for
streets, alleys, public ways, ways for public service facilities, storm and
flood water run-off channels and basins, and public grounds, in conformity
with the applicable requirements of the ordinances including the official
map; provided, that a certificate of approval by the corporate authorities,
certified by the clerk of the municipality in whose jurisdiction the land
is located, or a certified copy of an order of the circuit court directing
the recording as provided in Section 11-12-8, shall be sufficient evidence
of compliance with this section upon which the recorder may accept
the plat for recording.
The provisions of this Section do not apply to any plat for consolidation
of 2 or more contiguous parcels, located within any territory
that is outside of the corporate limits of a municipality but within a county
that has adopted a subdivision ordinance and that has a population of more than
250,000, into a smaller
number of
parcels if the sole purpose of the consolidation
is to bring a non-conforming parcel into conformance with local
zoning requirements.
The exemption created by this amendatory Act of the 92nd General Assembly
does not apply to a plat for consolidation for an area in excess of 10 acres
or to any consolidation that results in a plat of more than 10 individual lots
following the consolidation. If the county receives a request to approve a plat
for consolidation pursuant to this Section, the county must notify
all municipalities located within 1 1/2 miles of the subject property within 10
days after receiving the request.
(Source: P.A. 92-361, eff. 1-1-02.)
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(65 ILCS 5/11-12-13)
Sec. 11-12-13.
Joint plan commissions.
Whenever the corporate
authorities of 2 or more municipalities having a population less than 500,000
determine that unincorporated land and territory lying adjacent to any one or
more of such municipalities, or land and territory comprising a portion of
such municipalities, or land and territory both lying adjacent to such
municipalities and being a part of such municipalities forms a contiguous
region and such land and territory (i) is or was formerly owned by the United
States of America or any department thereof, (ii) is located entirely within a
county having a population of not less than 500,000 nor more than 1,000,000
persons, (iii) has been annexed or is intended to be annexed to one or more of
such municipalities, and (iv) comprises not less than 500 nor more than 800
acres, the said corporate authorities are hereby empowered, by
intergovernmental agreement between or among the municipalities, to define the
boundaries of such region and to create a joint plan commission having one,
some, or all of the powers set forth in this Section.
(1) Membership of joint plan commissions. The joint plan commission shall
consist of such number of persons known as "members" as shall be set forth in
the intergovernmental agreement. The parties, acting by and through their
mayors or village presidents with the advice and consent of each of their
respective corporate
authorities, shall appoint the members who shall hold office as set forth in
such intergovernmental agreement. If authorized to do so by such
intergovernmental agreement, the joint plan commission may employ a staff to
assist in the administration and enforcement of zoning and building codes or
ordinances throughout the region.
(2) Powers and duties of joint plan commissions. The corporate authorities
by such intergovernmental agreement may provide for the joint plan commission
to have all or some of the functions, powers and duties contained in Divisions
12, 13, 14, and 15 of this Article 11 of this Code.
(a) The joint plan commission shall be a | ||
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(b) Such intergovernmental agreement may further | ||
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(c) Such intergovernmental agreement may authorize | ||
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(3) Conflict resolution.
(a) In order to become effective in matters | ||
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(b) Any party to such intergovernmental agreement | ||
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This amendatory Act of 1996 shall not be a limitation on home rule powers.
(Source: P.A. 89-666, eff. 8-14-96.)
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(65 ILCS 5/Art. 11 Div. 12.1 heading) DIVISION 12.1.
REVENUE BONDS FOR CONSERVATION
PLAN AREAS
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(65 ILCS 5/11-12.1-1) (from Ch. 24, par. 11-12.1-1)
Sec. 11-12.1-1.
Any municipality which has a Conservation Board or
Department of Urban Renewal, pursuant to the "Urban Community Conservation
Act", as heretofore and hereafter amended, or the "Urban Renewal
Consolidation Act of 1961", enacted by the Seventy-Second General
Assembly, as the case may be, may borrow money and issue and sell bonds
in one or more series and in such amount, or amounts, as the corporate
authorities may determine for the purpose of creating, owning and managing
a pool of funds for the purchase of mortgage loans on properties within any
area affected by a Conservation Plan approved by the municipality pursuant
to the "Urban Community Conservation Act" or the "Urban Renewal
Consolidation Act of 1961", enacted by the Seventy-Second General Assembly,
as such acts are heretofore and hereafter amended, and to sell and refund
and refinance the same from time to time as often as shall be advantageous
and to the public interest to do so.
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 5/11-12.1-2) (from Ch. 24, par. 11-12.1-2)
Sec. 11-12.1-2.
All bonds issued under the authority of this Division
12.1 shall bear interest at not more than the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract, payable semi-annually, and may be sold by the corporate
authorities in such manner as they may deem best in the public interest;
provided, however, such bonds shall be sold at such price that the interest
cost of the proceeds therefrom will not exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, based on the average maturity of such bonds and computed
according to standard tables of bond values. Such bonds shall be payable
solely and only from the revenues to be derived from loans of the proceeds
thereof, as hereinafter provided, to owners of property within any area
affected by a Conservation Plan approved by the municipality pursuant to
the "Urban Community Conservation Act", as amended, or the "Urban Renewal
Consolidation Act of 1961", as amended, and shall be secured by a pledge of
such loans and all security appertaining thereto.
Such bonds, when issued, shall have all of the qualities of negotiable
instruments under the Law Merchant and the Uniform Commercial Code. Such
bonds may bear such date, or dates, and may mature at such time, or times,
not exceeding 30 years from their date or dates, and may be in such form,
carry such registration privilege, may be payable at such place or places,
may be subject to such terms of redemption, prior to maturity, with or
without premium, as so stated on the face of the bond, and contain such
terms and covenants, all as may be provided by ordinance authorizing the
issuance of such bonds. Such bonds shall be executed by such officers as
the corporate authorities shall designate in the ordinance. Any bonds
bearing the signatures of officers in office at the date of signing thereof
shall be valid and binding for all purposes, notwithstanding that before
delivery thereof any or all such persons whose signatures appear thereon
shall cease to be such officers.
Each bond shall state upon its face that it is payable solely and only
from the revenues to be derived from purchased loans of the proceeds
thereof to the owners of property within any area affected by a
Conservation Plan approved by the municipality pursuant to the "Urban
Community Conservation Act", as amended, or the "Urban Renewal Consolidation
Act of 1961", as amended, and shall state upon its face that it
does not constitute an obligation of the city, village or incorporated town
within the meaning of any constitutional or statutory limitation or
provision.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-12.1-3) (from Ch. 24, par. 11-12.1-3)
Sec. 11-12.1-3.
All loans purchased hereunder shall be to owners of real
property in areas affected by a Conservation Plan approved by the
municipality pursuant to the above named Acts, shall be conditioned upon
full compliance by such owners with the terms and provisions of such
approved Conservation Plan and shall be secured by a first mortgage note or
notes and lien upon such real property, which mortgage shall be insured by
the Federal Housing Commissioner of the United States of America against
loss in accordance with the provisions of the National Housing Act of the
United States in force at the time of the making of such loan.
(Source: Laws 1961, p. 3702.)
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(65 ILCS 5/11-12.1-4) (from Ch. 24, par. 11-12.1-4)
Sec. 11-12.1-4.
The corporate authorities of any such municipality availing
themselves of the provisions of this Division 12.1 shall adopt an ordinance
describing a Conservation Area or Areas, as that term is defined in the
above named Acts, within which the proceeds of the sale of such bonds shall
be made available for purchase of loans, which shall be placed on file in
the office of the clerk of such municipality and which shall be open for
the inspection of the public. Such ordinance shall fix the amount of the
revenue bonds proposed to be issued, the maturity or maturities, the
interest rate, and all details in respect thereof. Such ordinance shall
contain such covenants or restrictions as may be deemed necessary or
advisable by the corporate authorities and without limiting the generality
of the foregoing, such ordinance shall contain such covenants as may be
determined by the corporate authorities as to:
a. The issuance of additional series of bonds that may thereafter be
issued, payable from the revenues derived from purchased loans of such
proceeds to the owners of real property within Conservation Areas affected
by an approved Conservation Plan as hereinbefore provided.
b. The pledge by the municipality of all investments and loans made from
the sale of such revenue bonds as security for the payment of such revenue
bonds and authorization of the execution of such agreements or collateral
trust indentures necessary to accomplish such pledge.
c. Operation, maintenance, management, accounting and auditing and the
keeping of records, reports and audits of the operation of such mortgage
loan fund.
d. Limiting the right of the municipality to invest the funds derived
from the sale of such revenue bonds in first mortgages on real property
within Conservation Areas affected by approved Conservation Plans and which
mortgages shall be insured against loss by the Federal Housing Commissioner
pursuant to the provisions of the Federal Housing Act as hereinbefore
provided. Pending the investment of such fund, the municipality may invest
such fund in good interest paying securities such as are authorized by law
for the investment of public funds, there to remain until the same is
needed for proceeding hereunder.
e. The obligation of the municipality to properly administer the
mortgage loan fund, to collect the principal and interest payable upon
loans as herein provided, to enforce its rights with respect to such
mortgage notes and security, in the event of default therein to take proper
action to enforce its rights in the collection of such mortgage notes and
foreclosure of the security therein pledged, and to secure the benefit of
the insurance against loss of such mortgage by the Federal Housing
Commissioner of the United States of America in accordance with the
provisions of the National Housing Act of the United States and to apply
the proceeds of such mortgage loan fund to the payments of interest and
principal on account of the revenue bonds issued and sold thereunder.
f. The designation of a committee of bondholders to consult with and
advise the municipality in the administration of the mortgage loan fund.
g. 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 such consent may be given.
h. Providing for the establishment of suitable reserves and regulating
the cost of administration in the operation, management and supervision of
such mortgage fund.
i. Such covenants as may be deemed necessary or desirable to assure
successful operation of such mortgage loan fund and prompt payment of the
principal of and interest upon bonds so authorized.
After such ordinance has been adopted and approved, it shall be
published once in a newspaper published and having a general circulation in
such municipality or, if there be no such newspaper published in such
municipality, then the ordinance should be posted in at least 5 of the most
public places in such municipality and shall become effective 10 days after
publication or posting thereof.
(Source: Laws 1961, p. 3702.)
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(65 ILCS 5/11-12.1-5) (from Ch. 24, par. 11-12.1-5)
Sec. 11-12.1-5.
Whenever revenue bonds are issued and outstanding under
this Division 12.1, the entire revenues derived from the operation of the
mortgage loan fund thereby created shall be set aside as collected and
deposited in a separate fund, separate and apart from all other funds of
such municipality, which special fund shall be used only in paying the cost
of operation, maintenance and supervision of such mortgage loan fund and
paying the principal of and interest upon the revenue bonds of such
municipality issued under this Division 12.1 in such order or priority as
shall be provided by the respective ordinance authorizing revenue bonds;
provided, 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 11-12.1-4. After all such bonds have
been paid, such revenues shall then be applied for the retirement of any
other outstanding bonds issued by the municipality under this Division
12.1. After all such bonds issued under this Division 12.1 have been paid,
such revenues may be transferred to the general corporate fund of any such
municipality, only when and in the manner permitted and authorized in
accordance with the covenants and provisions and terms of the ordinance
authorizing the issuance of any bonds under the provisions of this Division
12.1.
(Source: Laws 1961, p. 3702.)
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(65 ILCS 5/11-12.1-6) (from Ch. 24, par. 11-12.1-6)
Sec. 11-12.1-6.
The provisions of this Division 12.1 and of any ordinance
or other proceeding authorizing the issuance of bonds under this Division
12.1 shall constitute a contract with the holders of such bonds and any
holder of a bond or bonds or any of the coupons of any bond or bonds of
such municipality issued under this Division 12.1 may by action, mandamus,
injunction or other proceeding,
enforce and compel
the performance of all duties required by this Division 12.1 including the
application of income and revenue from such mortgage loan fund and the
faithful performance of any agreement or collateral trust indentures
securing the payment of such bonds.
(Source: P.A. 83-345.)
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(65 ILCS 5/Art. 11 Div. 13 heading) DIVISION 13.
ZONING
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(65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
Sec. 11-13-1. To the end that adequate light, pure air, and safety from
fire and other dangers may be secured, that the taxable value of land and
buildings throughout the municipality may be conserved, that congestion in
the public streets may be lessened or avoided, that the hazards to persons
and damage to property resulting from the accumulation or runoff of storm
or flood waters may be lessened or avoided, and that the public health,
safety, comfort, morals, and welfare may otherwise be promoted, and to
insure and facilitate the preservation of sites, areas, and structures of
historical, architectural and aesthetic importance; the corporate
authorities in each municipality have the following powers:
(1) to regulate and limit the height and bulk of | ||
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(2) to establish, regulate and limit, subject to the | ||
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(3) to regulate and limit the intensity of the use of | ||
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(4) to classify, regulate and restrict the location | ||
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(5) to divide the entire municipality into districts | ||
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(6) to fix standards to which buildings or structures | ||
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(7) to prohibit uses, buildings, or structures | ||
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(8) to prevent additions to and alteration or | ||
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(9) to classify, to regulate and restrict the use of | ||
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(10) to regulate or forbid any structure or activity | ||
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(11) to require the creation and preservation of | ||
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(12) to establish local standards solely for the | ||
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The powers enumerated may be exercised within the corporate limits or
within contiguous territory not more than one and one-half miles beyond the
corporate limits and not included within any municipality. However, if any
municipality adopts a plan pursuant to Division 12 of Article 11 which
plan includes in its provisions a provision that the plan applies to such
contiguous territory not more than one and one-half miles beyond the
corporate limits and not included in any municipality, then no other
municipality shall adopt a plan that shall apply to any territory included
within the territory provided in the plan first so adopted by another
municipality. No municipality shall exercise any power set forth in this
Division 13 outside the corporate limits thereof, if the county in which
such municipality is situated has adopted "An Act in relation to county
zoning", approved June 12, 1935, as amended.
Nothing in this Section prevents a municipality of more than 112,000
population located in a county of less than 185,000 population that has adopted
a zoning ordinance and the county that adopted the zoning ordinance from
entering into an intergovernmental agreement that allows the municipality to
exercise its zoning powers beyond its territorial limits; provided, however,
that the intergovernmental agreement must be limited to the territory within
the municipality's planning jurisdiction as defined by law or any existing
boundary agreement. The county and the municipality must amend their
individual zoning maps in the same manner as other zoning changes are
incorporated into revised zoning maps.
No such intergovernmental agreement may authorize a municipality to exercise
its zoning powers, other than powers that a county may exercise under
Section 5-12001 of the Counties Code, with respect to land used for
agricultural purposes. This amendatory Act of the 92nd General Assembly is
declarative of existing law.
No municipality may exercise any
power set forth in this Division 13 outside the corporate limits of the
municipality with respect to a facility of a telecommunications carrier defined
in Section 5-12001.1 of the Counties Code. Notwithstanding any other provision of law to the contrary, 30 days prior to the issuance of any permits for a new telecommunications facility within 1.5 miles of a municipality, the telecommunications carrier constructing the facility shall provide written notice of its intent to construct the facility. The notice shall include, but not be limited to, the following information: (i) the name, address, and telephone number of the company responsible for the construction of the facility, (ii) the address and telephone number of the governmental entity that is to issue the building permit for the telecommunications facility, (iii) a site plan and site map of sufficient specificity to indicate both the location of the parcel where the telecommunications facility is to be constructed and the location of all the telecommunications facilities within that parcel, and (iv) the property index number and common address of the parcel where the telecommunications facility is to be located. The notice shall not contain any material that appears to be an advertisement for the telecommunications carrier or any services provided by the telecommunications carrier. The notice shall be provided in person, by overnight private courier, or by certified mail to all owners of property within 250 feet of the parcel in which the telecommunications carrier has a leasehold or ownership interest. For the purposes of this notice requirement, "owners" means those persons or entities identified from the authentic tax records of the county in which the telecommunications facility is to be located. If, after a bona fide effort by the telecommunications carrier to determine the owner and his or her address, the owner of the property on whom the notice must be served cannot be found at the owner's last known address, or if the mailed notice is returned because the owner cannot be found at the last known address, the notice requirement of this paragraph is deemed satisfied. For the purposes of this paragraph, "facility" means that term as it is defined in Section 5-12001.1 of the Counties Code. If a municipality adopts a
zoning plan covering an area outside its corporate limits, the plan adopted
shall be reasonable with respect to the area outside the corporate limits
so that future development will not be hindered or impaired; it is
reasonable for a municipality to regulate or prohibit the extraction of
sand, gravel, or limestone even when those activities are related to an
agricultural purpose. If all or any part of the area outside the corporate
limits of a municipality which has been zoned in accordance with the
provisions of this Division 13 is annexed to another municipality or
municipalities, the annexing unit shall thereafter exercise all zoning
powers and regulations over the annexed area.
In all ordinances passed under the authority of this Division 13, due
allowance shall be made for existing conditions, the conservation of
property values, the direction of building development to the best
advantage of the entire municipality and the uses to which the property is
devoted at the time of the enactment of such an ordinance. The powers
conferred by this Division 13 shall not be exercised so as to deprive the
owner of any existing property of its use or maintenance for the purpose to
which it is then lawfully devoted, but provisions may be made for the
gradual elimination of uses, buildings and structures which are
incompatible with the character of the districts in which they are made or
located, including, without being limited thereto, provisions (a) for the
elimination of such uses of unimproved lands or lot areas when the existing
rights of the persons in possession thereof are terminated or when the uses
to which they are devoted are discontinued; (b) for the elimination of uses
to which such buildings and structures are devoted, if they are adaptable
for permitted uses; and (c) for the elimination of such buildings and
structures when they are destroyed or damaged in major part, or when they
have reached the age fixed by the corporate authorities of the municipality
as the normal useful life of such buildings or structures.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit, except as provided in item (12).
(Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
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(65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
Sec. 11-13-1.1.
The corporate authorities of any municipality may in its
ordinances passed under the authority of this Division 13 provide for the
classification of special uses. Such uses may include but are not limited
to public and quasi-public uses affected with the public interest, uses
which may have a unique, special or unusual impact upon the use or
enjoyment of neighboring property, and planned developments. A use may be a
permitted use in one or more zoning districts, and a special use in one or
more other zoning districts. A special use shall be permitted only after a
public hearing before some commission or committee designated by the
corporate authorities, with prior notice thereof given in the manner as
provided in Section 11-13-6 and 11-13-7. Any notice required by this Section need not include a metes and bounds legal description of the area classified for special uses, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area classified for special uses. A special use shall be permitted
only upon evidence that such use meets standards established for such
classification in the ordinances, and the granting of permission therefor
may be subject to conditions reasonably necessary to meet such standards.
In addition, any proposed special use which fails to receive the approval
of the commission or committee designated by the corporate authorities to
hold the public hearing shall not be approved by the corporate authorities
except by a favorable majority vote of all alderpersons, commissioners or
trustees of the municipality then holding office; however, the corporate
authorities may by ordinance increase the vote requirement to two-thirds of
all alderpersons, commissioners or trustees of the municipality then holding office.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/11-13-1.2) Sec. 11-13-1.2. Waiver of building, inspection, and construction fees. (a) As used in this Section, "disaster" includes, but is not limited to, an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous materials spill, or other water contamination, epidemic, air contamination, blight, extended periods of severe, and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism. (b) Notwithstanding any other provision of law, a city council of a municipality may, by resolution, waive any fees or costs associated with a permit, inspection, or certification of occupancy required by law for construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of a manufactured home, building, dwelling, or structure, either commercial or residential, damaged as a result of a disaster, emergency, weather event, or for any reason deemed warranted in the interests of public safety, welfare, and recovery of the community by the city council of the municipality.
(Source: P.A. 102-24, eff. 6-25-21.) |
(65 ILCS 5/11-13-1.5) Sec. 11-13-1.5. Amateur radio communications; antenna regulations. Notwithstanding any provision of law to the contrary, no ordinance or resolution may be adopted or enforced by a municipality after the effective date of this amendatory Act of the 97th General Assembly that affects the placement, screening, or height of antennas or antenna support structures that are used for amateur radio communications unless the ordinance or resolution: (i) has a reasonable and clearly defined aesthetic, public health, or safety objective and represents the minimum practical regulation that is necessary to accomplish the objectives; and (ii) reasonably accommodates amateur radio communications. A municipality may not regulate the antennas or antenna support structures that are used for amateur radio communications in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 97-720, eff. 6-29-12.) |
(65 ILCS 5/11-13-2) (from Ch. 24, par. 11-13-2)
Sec. 11-13-2.
The corporate authorities in each municipality which desires
to exercise the powers conferred by this Division 13, or who have exercised
such power and desire to adopt a new ordinance, shall provide for a zoning
commission with the duty to recommend the boundaries of districts and
appropriate regulations to be enforced therein. The commission shall be
appointed by the mayor or president, subject to confirmation by the
corporate authorities. The commission shall prepare a tentative report and
a proposed zoning ordinance for the entire municipality. After the
preparation of such a tentative report and ordinance, the commission shall
hold a hearing thereon and shall afford persons interested an opportunity
to be heard. Notice of the hearing shall be published at least once, not
more than 30 nor less than 15 days before the hearing, in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers
published in the county in which the municipality is located and having
a general circulation within
the municipality.
The notice shall
state the time and place of the hearing and the place where copies of the
proposed ordinance will be accessible for examination by interested
persons. The hearing may be adjourned from time to time.
Within 30 days after the final adjournment of the hearing the commission
shall make a final report and submit a proposed ordinance for the entire
municipality to the corporate authorities. The corporate authorities may
enact the ordinance with or without change, or may refer it back to the
commission for further consideration. The zoning commission shall cease to
exist upon the adoption of a zoning ordinance for the entire municipality.
(Source: P.A. 80-452.)
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(65 ILCS 5/11-13-3) (from Ch. 24, par. 11-13-3)
Sec. 11-13-3.
(a) All ordinances passed under the terms of this Division
13 shall be enforced by those officers of the municipality
that are designated by ordinance.
(b) In municipalities having a population of more than 500,000 the
city council may provide for the appointment of a board of appeals
consisting of 5 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, and
one for 5 years, the successor to each member so appointed to serve for
a term of 5 years.
(c) The city council in cities and the president and board of
trustees in villages and incorporated towns, having a population of less
than 500,000, may provide for the appointment of a board of appeals
consisting of 7 members to serve respectively for the following terms:
one for one year, one for 2 years, one for 3 years, one for 4 years, one
for 5 years, one for 6 years, and one for 7 years, the successor to each
member so appointed to serve for a term of 5 years.
(d) In any municipality with a population under 5,000 that has an appointed
board of appeals, a proposition to elect the board of appeals at large
shall be submitted to the electors as provided in this subsection.
Electors of the municipality equal to not less than 10% of the
total vote cast for all candidates for mayor or president in the last
preceding municipal election for that office may petition for the submission
to a vote of the electors of the municipality the proposition whether the
board of appeals shall be elected at large. The petition shall be filed
with the municipal clerk in accordance with the general election law. The
clerk shall certify the proposition to the proper election authorities who
shall submit the proposition at an election in accordance with the general
election law.
The proposition shall be in substantially the following form: "Shall the
city (or village or incorporated town) of (insert name) elect the zoning
board of appeals at large instead of having an appointed board of appeals?"
If a majority of those voting on the proposition vote in favor of it,
then the board of appeals shall be elected at large at the next general
municipal election held at least 120 days after the referendum approval.
At the initial election, 4 members shall be elected for 2-year terms and 3
members shall be elected for 4-year terms; thereafter all terms shall be
for 4 years. Upon the election and qualification of the initial elected
board of appeals, the terms of all sitting members of the board of appeals
shall expire.
(e) One of the members of an appointed board shall be named as chairman
at the time of his or her appointment. If members are elected, the members
shall select a chairman. The amount of compensation to be paid to members,
if any, shall be fixed by the corporate authorities. The appointing
authority has the power to remove any appointed member for cause and after
public hearing. Vacancies shall be filled for the unexpired term of the
member whose place has become vacant. Vacancies shall be filled by the
appointing authority in the case of an appointed board or by those who
would otherwise be the appointing authority in the case of an elected
board. All meetings of the board of appeals shall be held at the call of
the chairman and at other times as the board may determine. The chairman,
or in his or her absence the acting chairman, may administer oaths
and compel the attendance of witnesses. All meetings of the board shall
be open to the public. The board shall keep minutes of its proceedings,
showing the vote of each member upon every question, or if absent or
failing to vote, indicating that fact, and shall also keep records of
its examinations and other official actions. No hearing shall be
conducted without a quorum of the board being present. A quorum shall
consist of a majority of all the members. Any absent member who
certifies that he or she has read the transcript of the proceedings before
the board may vote upon any question before the board. Every rule or
regulation and its amendment or repeal and every order, requirement,
decision, or determination of the board shall immediately
be filed in the office of the board and shall be a public record.
(f) In all municipalities the board of appeals shall hear and decide
appeals from and review any order, requirement, decision, or
determination made by an administrative official charged with the
enforcement of any ordinance adopted under this Division 13.
(g) In all municipalities the board of appeals
shall also hear and decide all matters
referred to it or upon which it is required to pass under such an
ordinance. The concurring vote of 3 members of the board, in
municipalities having a population of more than 500,000, and of 4
members of the board, in municipalities having a population of less than
500,000, is necessary to reverse any order, requirement, decision, or
determination of such an administrative official, to decide in favor
of the applicant any matter upon which it is required to pass under such
an ordinance or to effect any variation in the ordinance, or to
recommend any variation or modification in the ordinance to the
corporate authorities.
(Source: P.A. 87-535.)
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(65 ILCS 5/11-13-3.1) (from Ch. 24, par. 11-13-3.1)
Sec. 11-13-3.1.
In municipalities of less than 500,000 inhabitants no
change shall be made in the zoning ordinance nor shall any zoning variation
be granted within 6 months after the date upon which an official plan is
adopted by the corporate authorities unless such change in the zoning
ordinance or such variation is approved by a two-thirds vote of the
corporate authorities or the zoning board of appeals then holding office,
as the case may be.
(Source: Laws 1967, p. 3425)
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(65 ILCS 5/11-13-4) (from Ch. 24, par. 11-13-4)
Sec. 11-13-4.
In municipalities of 500,000 or more population, the
regulations authorized by this Division 13 may be varied in their
application only by the board of appeals of the municipality, subject to
the power of the corporate authorities to prohibit, in whole or in part,
the granting of variations in respect to the classification, regulation and
restriction of the location of trades and industries and the location of
buildings designed for specified industrial, business, residential and
other uses. Variations shall be permitted by the board of appeals only when
they are in harmony with the general purpose and intent of the regulations
and only in cases where there are practical difficulties or particular
hardship in the way of carrying out the strict letter of any of those
regulations relating to the use, construction, or alteration of buildings
or structures or the use of land. In its consideration of the standards of
practical difficulties or particular hardship, the board of appeals shall
require evidence that (1) the property in question cannot yield a
reasonable return if permitted to be used only under the conditions allowed
by the regulations in that zone; and (2) the plight of the owner is due to
unique circumstances; and (3) the variation, if granted, will not alter the
essential character of the locality. A variation shall be permitted only if
the evidence, in the judgment of the board of appeals, sustains each of the
3 conditions enumerated. The corporate authorities may provide general or
specific rules implementing, but not inconsistent with, the rules herein
provided to govern determinations of the board of appeals. A decision of
the board of appeals shall not be subject to review, reversal or
modification by the corporate authorities but shall be judicially
reviewable under the provisions of Section 11-13-13.
(Source: P.A. 82-430.)
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(65 ILCS 5/11-13-5) (from Ch. 24, par. 11-13-5)
Sec. 11-13-5.
In municipalities of less than 500,000 population, the
regulations authorized by this Division 13 may provide that the board of
appeals or corporate authorities may determine and vary their application
in harmony with their general purpose and intent and in accordance with
general or specific rules therein contained in cases where there are
practical difficulties or particular hardship in the way of carrying out
the strict letter of any of those regulations relating to the use,
construction, or alteration of buildings or structures or the use of land.
If the authority to determine and approve variations is vested in the board
of appeals it shall be exercised in accordance with the conditions
prescribed in Section 11-13-4, subject to the power of the corporate
authorities to prohibit, in whole or in part, the granting of variations in
respect to the classification, regulation and restriction of the location
of trades and industries and the location of buildings designed for
specified industrial, business, residential and other uses. If the power to
determine and approve variations is reserved to the corporate authorities,
it shall be exercised only by the adoption of ordinances. However, no such
variation shall be made by the corporate authorities as specified without a
hearing before the board of appeals.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-13-6) (from Ch. 24, par. 11-13-6)
Sec. 11-13-6.
No variation shall be made by the board of appeals in
municipalities of 500,000 or more population or by ordinance in
municipalities of lesser population except in a specific case and after a
public hearing before the board of appeals of which there shall be a notice
of the time and place of the hearing published at least once, not more than
30 nor less than 15 days before the hearing, 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
which is published in the county where the municipality is located.
This notice shall contain
the particular location for which the variation is requested as well as a
brief statement of what the proposed variation consists. Any notice required by this Section need not include a metes and bounds legal description of the location for which the variation is requested, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area for which the variation is requested.
(Source: P.A. 97-336, eff. 8-12-11.)
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(65 ILCS 5/11-13-7) (from Ch. 24, par. 11-13-7)
Sec. 11-13-7.
In addition to the notice requirements otherwise provided for
in this Division 13, in municipalities of 500,000 or more population, an
applicant for variation or special use shall, not more than 30 days before
filing an application for variation or special use with the board of
appeals, serve written notice, either in person or by registered mail,
return receipt requested, on the owners, as recorded in the office of the
recorder of deeds or the registrar of titles of the county in which the
property is located and as appears from the authentic tax records of such
county, of all property within 250 feet in each direction of the location
for which the variation or special use is requested; provided, the number
of feet occupied by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement. The notice herein
required shall contain the address of the location for which the variation
or special use is requested, a brief statement of the nature of the
requested variation or special use, the name and address of the legal and
beneficial owner of the property for which the variation or special use is
requested, a statement that the applicant intends to file an application
for variation or special use and the approximate date on which the
application will be filed. If, after a bona fide effort to determine such
address by the applicant for variation or special use, the owner of the
property on which the notice is served cannot be found at his or her last known
address, or the mailed notice is returned because the owner cannot be found
at the last known address, the notice requirements of this sub-section
shall be deemed satisfied. In addition to serving the notice herein
required, at the time of filing application for variation or special use,
the applicant shall furnish to the board of appeals a complete list
containing the names and last known addresses of the owners of the property
required to be served, the method of service and the names and last known
addresses of the owners of the service and the names and addresses of the
persons so served. The applicant shall also furnish a written statement
certifying that he or she has complied with the requirements of this subsection.
The board of appeals shall hear no application for variation or special use
unless the applicant for variation or special use furnishes the list and
certificate herein required. The board of appeals shall, not more than 30
days nor less than 15 days before the hearing at which the application for
variation or special use is to be considered, send written notice to the
persons appearing on the list furnished by the applicant, which notice
shall contain the time and place of the hearing, the address of the
location for which the variation or special use is requested and the name
and address of the applicant for variation or special use and a brief
statement of the nature of the variation or special use requested. Any notice required herein need not include a metes and bounds legal description of the property for which the variation or special use is requested, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the area for which the variation or special use is requested.
Any property owner within the above stated 250 feet notice
requirement, who
entered his or her appearance and objected at the board of appeals hearing, and
who shows that his or her property will be substantially affected by the outcome
of the decision of the board may, without proof of any specific, special,
or unique damages to himself or herself or his or her property or
any adverse effect upon his
property from the proposed variation or special use, seek judicial relief
from any order or
decision of the board of appeals under the Administrative
Review Law, and all amendments and modifications
thereof, and the rules adopted pursuant thereto.
If the board of appeals
determines that the property of any such owner will not be substantially
affected by the outcome of the decision of the board, such owner may
initiate or join in judicial review under the Administrative
Review Law, as provided
in this Section.
(Source: P.A. 97-336, eff. 8-12-11.)
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(65 ILCS 5/11-13-7a) (from Ch. 24, par. 11-13-7a)
Sec. 11-13-7a.
Zoning variation and special use applicants and property owners, as set
forth in Section 11-13-7 of this Act, shall have the following rights, in
addition to any others they may possess in law, at any hearing before a
board of appeals:
(a) to have subpoenas issued for persons to appear at board of appeals'
hearings and for examination of documents by the person requesting the
subpoena either before or at board of appeals hearings subject to the
limitations in this Section. The board of appeals shall issue subpoenas as
requested by zoning variation and special use applicants and by property
owners within the terms of Section 11-13-7. Subpoenas shall only be
enforceable against persons or for documents which have a substantial
evidentiary connection with (i) the property for which a zoning variation
or special use is requested, (ii) facts which would support or negate the
requisite legal standards for granting a zoning variation or special use,
and (iii) facts which support or negate the conclusion that property within
the 250 feet notice requirement of Section 11-13-7 will be substantially
affected by the outcome of the decision of the board. All matters relating
to subpoenas concerning a particular zoning variation or special use case,
including all enforcement and motions to quash, shall be heard in a single
action, however, the court obtaining jurisdiction over any such matter may
retain jurisdiction until the disposition of the case by the board of
appeals. Service of such subpoenas shall be made in the same manner as
summons in a civil action.
(b) To cross examine all witnesses testifying.
(c) To present witnesses on their behalf.
Property owners within the terms of Section 11-13-7 who object to the
zoning application or special use application may, upon request, be granted
1 continuance for the purpose of presenting evidence to rebut testimony
given by the applicant. The date of such continued hearing shall be in the
discretion of the board of appeals.
This amendatory act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 79-1363.)
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(65 ILCS 5/11-13-8) (from Ch. 24, par. 11-13-8)
Sec. 11-13-8.
In municipalities of 500,000 or more population, when any
zoning ordinance, rule or regulation is sought to be declared invalid by
means of a declaratory judgment proceeding, not more than 30 days before
filing suit for a declaratory judgment the person filing such suit shall
serve written notice in the form and manner and to all property owners as
is required of applicants for variation in Section 11-13-7, and shall
furnish to the clerk of the court in which the declaratory judgment suit is
filed, and at the time of filing such suit, the list of property owners,
the written certificate and such other information as is required in
Section 11-13-7 to be furnished to the board of appeals by an applicant for
variation. A property owner entitled to notice who shows that his property
will be substantially affected by the outcome of the declaratory judgment
proceeding may enter his appearance in the proceeding, and if he does so he
shall have the rights of a party. The property owner shall not, however,
need to prove any specific, special, or unique damages to himself or his
property or any adverse effect upon his property from the declaratory
judgment proceeding.
(Source: P.A. 76-583.)
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(65 ILCS 5/11-13-9) (from Ch. 24, par. 11-13-9)
Sec. 11-13-9.
The provisions of an amendatory Act of 1955, which was
approved June 30, 1955 and which was Senate Bill No. 328 of the Sixty-Ninth
General Assembly and which amended certain provisions now contained in
Section 11-13-4 through 11-13-8, shall not affect the validity of any
variations approved by the corporate authorities or by the board of appeals
and in force prior to July 1, 1955.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-13-10) (from Ch. 24, par. 11-13-10)
Sec. 11-13-10.
In municipalities of less than 500,000 population, where a
variation is to be made by ordinance, upon the report of the board of
appeals, the corporate authorities, by ordinance, without further public
hearing, may adopt any proposed variation or may refer it back to the board
for further consideration, and any proposed variation which fails to
receive the approval of the board of appeals shall not be passed except by
the favorable vote of two-thirds of all alderpersons or trustees of the
municipality.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/11-13-11) (from Ch. 24, par. 11-13-11)
Sec. 11-13-11.
Every variation or special use, whether made by the board of
appeals directly, or by an ordinance after a hearing before the board of
appeals, shall be accompanied by findings of facts and shall refer to any
exhibits containing plans and specifications for the proposed use or
variation, which shall remain a part of the permanent records of the board
of appeals. The findings of facts shall specify the reason or reasons for
making the variation.
The terms of the relief granted shall be specifically set forth in a
conclusion or statement separate from the findings of fact of the board of
appeals or ordinance. Property for which relief has been granted shall not
be used in violation of the specific terms of the board of appeals'
findings of fact or ordinance, as the case may be, unless its usage is
changed by further findings of fact of a board of appeals or additional
ordinances.
(Source: P.A. 76-584.)
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(65 ILCS 5/11-13-12) (from Ch. 24, par. 11-13-12)
Sec. 11-13-12.
An appeal to the board of appeals may be taken by any person
aggrieved or by any officer, department, board, or bureau of the
municipality. The appeal shall be taken within 45 days of the action
complained of by filing, with the officer from whom the appeal is taken and
with the board of appeals a notice of appeal, specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith transmit
to the board all the papers constituting the record upon which the action
appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the
board of appeals, after the notice of appeal has been filed with him, that
by reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In this event the proceedings
shall not be stayed otherwise than by a restraining order which may be
granted by the board of appeals or by a circuit court on application and on
notice to the officer from whom the appeal is taken, and on due cause
shown.
The board of appeals shall fix a reasonable time for the hearing of the
appeal and give due notice thereof to the parties and decide the appeal
within a reasonable time. Upon the hearing, any party may appear in person
or by agent or by attorney. The board of appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision, or
determination as in its opinion ought to be made in the premises and to
that end has all the powers of the officer from whom the appeal is taken.
(Source: P.A. 76-1507.)
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(65 ILCS 5/11-13-13) (from Ch. 24, par. 11-13-13)
Sec. 11-13-13.
All final administrative decisions of the board of appeals
under this Division 13 shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, and
all amendments and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
Sec. 11-13-14.
The regulations imposed and the districts created under
the authority of this Division 13 may be amended from time to time by
ordinance after the ordinance establishing them has gone into effect, but
no such amendments shall be made without a hearing before some commission
or committee designated by the corporate authorities. Notice shall be given
of the time and place of the hearing, not more than 30 nor less than 15
days before the hearing, by publishing a notice thereof 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 be made
instead by posting a notice in 3 prominent places within the municipality. In
case of a written protest against any proposed amendment of the regulations
or districts, signed and acknowledged by the owners of 20% of the frontage
proposed to be altered, or by the owners of 20% of the frontage immediately
adjoining or across an alley therefrom, or by the owners of the 20% of the
frontage directly opposite the frontage proposed to be altered, is filed
with the clerk of the municipality, the amendment shall not be passed
except by a favorable vote of two-thirds of the alderpersons or trustees of the
municipality then holding office. In such cases, a copy of the written
protest shall be served by the protestor or protestors on the applicant for
the proposed amendments and a copy upon the applicant's attorney, if any,
by certified mail at the address of such applicant and attorney shown in
the application for the proposed amendment. Any notice required by this Section need not include a metes and bounds legal description, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the affected area.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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(65 ILCS 5/11-13-14.1) (from Ch. 24, par. 11-13-14.1)
Sec. 11-13-14.1.
Notwithstanding any other provision to the contrary in
this Division 13:
(A) The corporate authorities of any municipality may by ordinance establish
the position of hearing officer and delegate to a hearing officer the authority
to: (i) conduct any public hearing -- other than a public hearing provided
for in Section 11-13-2 -- required to be held under this Division 13 in
connection with applications for any special use, variation, amendment or
other change or modification in any ordinance of the municipality adopted
pursuant to this Division 13; and (ii) hear and decide appeals from and
review any order, requirement, decision or determination made by an
administrative official charged with the enforcement of any ordinance
adopted pursuant to this Division 13.
(B) When a hearing officer is designated to conduct a public hearing in
a matter otherwise required to be heard in accordance with this Division
13 by some commission or committee designated by the corporate authorities
of the municipality: (i) notice of such hearing shall be given in the same
time and manner as is provided by this Division 13 for the giving of notice
of hearing when any such matter is to be heard by some commission or committee
designated by the corporate authorities; (ii) the hearing officer shall
exercise and perform the same powers and duties as such commission or committee
is required to exercise and perform when conducting a public hearing in
any such matter; and (iii) the hearing officer shall render a written
recommendation to the corporate authorities within such time and in such
manner and form as the corporate authorities shall require.
(C) When a hearing officer is designated to conduct a public hearing in
a matter otherwise required to be heard in accordance with this Division
13 by the board of appeals, or when a hearing officer is designated to hear
and decide appeals from and review any order, requirement, decision or
determination made by an administrative official charged with the
enforcement of any ordinance adopted pursuant to this Division 13: (i)
notice of hearing shall be given
in the same time and manner as is provided by this Division 13 for the giving
of notice of hearing when any such matter is to be heard by the board of
appeals; (ii) the hearing officer in passing upon and determining any matter
otherwise within the jurisdiction of the board of appeals shall be governed
by all of the standards, rules and conditions imposed by this Division 13
to govern the board of appeals when it passes upon and determines any such
matter; and (iii) the hearing officer shall exercise and perform all of
the powers and duties of the board of appeals in the same manner and to
the same effect as provided in this Division 13 with respect to the board
of appeals, provided that:
1. When the hearing officer is passing upon an application for variation
or special use and the power to determine and approve such variation or
special use is reserved to the corporate authorities, then upon report of
the hearing officer the corporate authorities may by ordinance without further
public hearing adopt any proposed variation or special use or may refer
it back to the hearing officer for further consideration, and any proposed
variation or special use which fails to receive the approval of the hearing
officer shall not be passed except by the favorable vote of 2/3 of all alderperson
or trustees of the municipality;
2. When the hearing officer is passing upon an application for variation
or special use and the power to determine and approve such variation or
special use is not reserved to the corporate authorities, or when the hearing
officer is hearing and deciding appeals from or reviewing any order,
requirement, decision or determination made by an administrative official
charged with the enforcement of any ordinance adopted pursuant to this
Division 13, the determination made by the hearing officer with respect to
any such matter shall constitute a final administrative decision which is
subject to judicial review pursuant to the provisions of the
"Administrative Review Law", as now or hereafter amended.
(D) The corporate authorities of the municipality may provide general
or specific rules implementing but not inconsistent with the provisions
of this Section, including rules relative to the time and manner in which
hearing officers are designated to conduct public hearings and rules governing
the manner in which such hearings are conducted and matters heard therein
passed upon and determined.
(E) Hearing officers shall be appointed on the basis of training and
experience which qualifies them to conduct hearings, make recommendations
or findings of fact and conclusions on the matters heard and otherwise
exercise and perform the powers, duties and functions delegated in
accordance with this Section. Hearing officers shall receive such
compensation as the corporate authorities of the municipality shall
provide, and any municipality may establish a schedule of fees to defray
the costs of providing a hearing officer.
(F) This Section is intended to furnish an alternative or supplemental
procedure which a municipality in its discretion may provide for hearing,
determining, reviewing and deciding matters which arise under any ordinance
adopted by the municipality pursuant to this Division 13, but nothing in
this Section shall be deemed to limit or prevent the use of any existing
procedure available to a municipality under this Division 13 for hearing,
approving or denying applications for a special use, variation, amendment
or other change or modification of any such ordinance, or for hearing and
deciding appeals from and reviewing any order, requirement, decision or
determination made by an administrative official charged with the enforcement
of any such ordinance.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
Sec. 11-13-15.
In case any building or structure, including fixtures,
is constructed, reconstructed, altered, repaired, converted, or
maintained, or any building or structure, including fixtures, or land,
is used in violation of an ordinance or ordinances adopted under
Division 13, 31 or 31.1 of the Illinois Municipal Code, or of any
ordinance or other regulation made under the authority conferred
thereby, the proper local authorities of the municipality, or any owner
or tenant of real property, within 1200 feet in any direction of the
property on which the building or structure in question is located who shows
that his property or person will be substantially affected by the alleged
violation, in addition to other remedies, may institute any
appropriate action or proceeding (1) to prevent the unlawful
construction, reconstruction, alteration, repair, conversion,
maintenance, or use, (2) to prevent the occupancy of the building,
structure, or land, (3) to prevent any illegal act, conduct, business,
or use in or about the premises, or (4) to restrain, correct, or abate
the violation. When any such action is instituted by an owner or tenant,
notice of such action shall be served upon the municipality at the time
suit is begun, by serving a copy of the complaint on the chief executive
officer of the municipality, no such action may be maintained until such
notice has been given.
In any action or proceeding for a purpose mentioned in this section,
the court with jurisdiction of such action or proceeding has the power
and in its discretion may issue a restraining order, or a preliminary
injunction, as well as a permanent injunction, upon such terms and under
such conditions as will do justice and enforce the purposes set forth
above.
If an owner or tenant files suit hereunder and the court finds that
the defendant has engaged in any of the foregoing prohibited activities,
then the court shall allow the plaintiff a reasonable sum of money for
the services of the plaintiff's attorney. This allowance shall be a part
of the costs of the litigation assessed against the defendant, and may
be recovered as such.
An owner or tenant need not prove any specific, special or unique
damages to himself or his property or any adverse effect upon his
property from the alleged violation in order to maintain a suit under
the foregoing provisions. Except in relation to municipality-owned property, this Section does not authorize any suit against a municipality or its officials for any act relating to the administration, enforcement, or implementation of this Division or any ordinance, resolution, or other regulation adopted pursuant to this Division.
(Source: P.A. 100-595, eff. 6-29-18.)
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(65 ILCS 5/11-13-16) (from Ch. 24, par. 11-13-16)
Sec. 11-13-16.
All zoning ordinances and regulations adopted prior to
January 1, 1942, by any municipality pursuant to the provisions of "An Act
to confer certain additional powers upon city councils in cities and
presidents and boards of trustees in villages and incorporated towns
concerning buildings and structures, the intensity of use of lot areas, the
classification of trades, industries, buildings, and structures, with
respect to location and regulation, the creation of districts of different
classes, the establishment of regulations and restrictions applicable
thereto, the establishment of boards of appeals and the review of the
decisions of such boards by the court", approved June 28, 1921, as amended,
and all committees, commissions, boards, and officers designated or
appointed by any municipality pursuant to the provisions of that Act, or
pursuant to the provisions of any ordinance or regulations adopted under
that Act, shall be recognized, considered, and treated as having been
properly adopted, designated, established, or appointed under this Division
13.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-13-17) (from Ch. 24, par. 11-13-17)
Sec. 11-13-17.
In addition to all rights and powers conferred by this
Division 13, the corporate authorities in each municipality may acquire by
purchase, condemnation or otherwise any buildings or structures which do
not conform to the standards fixed by the corporate authorities pursuant to
Section 11-13-1, and all land which is necessary or appropriate for the
rehabilitation or redevelopment of any area blighted by substandard
buildings or structures; may remove or demolish all substandard buildings
and structures so acquired; may hold and use any remaining property for
public purposes; and may sell, lease or exchange such property as is not
required for public purposes, subject to the provisions of the existing
zoning ordinance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-13-18) (from Ch. 24, par. 11-13-18)
Sec. 11-13-18.
All testimony by witnesses in any hearing provided for in
this Division 13 shall be given under oath.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-13-19) (from Ch. 24, par. 11-13-19)
Sec. 11-13-19.
Except as otherwise provided in this section, the corporate
authorities shall cause to be published no later than March 31 of each year
a map clearly showing the existing zoning uses, divisions, restrictions,
regulations and classifications of such municipality for the preceding
calendar year. The first map published in 1960 shall reflect all zoning
uses, divisions, restrictions, regulations and classifications in effect on
and prior to December 31, 1959. If in any calendar year after the first map
is published there are no changes in zoning uses, divisions, restrictions,
regulations and classifications in such municipality, no map shall be
published for such calendar year.
The map published by the corporate authorities shall be the official
zoning map. The corporate authorities may establish a fee to be charged any
person desiring a copy of such map. Such fee shall be paid to the
appropriate zoning officer and shall be applied to defray the cost of
publication of the official map.
(Source: Laws 1963, p. 3136.)
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(65 ILCS 5/11-13-20) (from Ch. 24, par. 11-13-20)
Sec. 11-13-20.
In any hearing before a zoning commission, board of appeals,
or commission or committee designated pursuant to Section 11-13-14, any
school district within which the property in issue, or any part thereof, is
located shall have the right to appear and present evidence.
(Source: Laws 1963, p. 2259.)
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(65 ILCS 5/11-13-22) Sec. 11-13-22. Public hearing procedures for municipalities of less than 500,000. In a municipality of less than 500,000 inhabitants, the corporate authorities may adopt or authorize the zoning board of appeals and any other board, commission, or committee that conducts public hearings under this Division to adopt rules of procedures governing those public hearings. The rules of procedures may concern participation in public hearings and the participants' rights to cross examine witnesses and to present testimony and evidence, and any other relevant matter.
(Source: P.A. 97-552, eff. 8-25-11.) |
(65 ILCS 5/11-13-25) Sec. 11-13-25. Actions subject to de novo review; due process.
(a) Any decision by the corporate authorities of any municipality, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |
(65 ILCS 5/11-13-26) Sec. 11-13-26. Wind farms. Notwithstanding any other provision of law: (a) A municipality may regulate wind farms and | ||
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(b) A municipality may not require a wind tower or | ||
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(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; 99-642, eff. 7-28-16; 100-598, eff. 6-29-18.) |
(65 ILCS 5/11-13-27) Sec. 11-13-27. Special provisions relating to public schools. (a) In exercising the powers under this Division with respect to public school districts, a municipality shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties. This subsection (a) is declarative of existing law and does not change the substantive operation of this Division. (b) In processing zoning applications from public school districts, a municipality shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the municipality for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the municipality, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the municipality.
(Source: P.A. 99-890, eff. 8-25-16.) |
(65 ILCS 5/11-13-28) (Text of Section from P.A. 103-621) (This Section may contain text from a Public Act with a delayed effective date) Sec. 11-13-28. Building permit fee for veterans with a disability. (a) A veteran with a disability or the veteran's caregiver shall not be charged any building permit fee for improvements to the residence of the veteran with a disability if the improvements are required to accommodate a disability of the veteran. Nothing in this subsection changes the obligation of any person to submit to the municipality applications, forms, or other paperwork to obtain a building permit. A veteran or caregiver must provide proof of veteran status and attest to the fact that the improvements to the residence are required to accommodate the veteran's disability. Proof of veteran status is to be construed liberally, and veteran status shall include service in the Armed Forces of the United States, National Guard, or the reserves of the Armed Forces of the United States. (b) What constitutes proof of veteran status shall be determined by the municipality. The Illinois Department of Veterans' Affairs may not adjudicate any dispute arising under paragraph (a). (c) A home rule municipality may not regulate building permit fees in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.(Source: P.A. 103-621, eff. 1-1-25.) (Text of Section from P.A. 103-796) (This Section may contain text from a Public Act with a delayed effective date) Sec. 11-13-28. Battery-charged fences. (a) As used in this Section, "battery-charged fence" means a fence energized by a battery that is not more than 12 volts of direct current that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to notify law enforcement of a potential intrusion. (b) Notwithstanding any other law, a municipality may not require a permit or other approval for the installation, maintenance, placement, replacement, or servicing of a battery-charged fence if (i) the battery-charged fence is located on nonresidential property completely surrounded by a nonelectric perimeter fence or wall that is not less than 5 feet in height and does not exceed 10 feet in height or 2 feet higher than the nonelectric perimeter fence or wall, whichever is higher, and (ii) any electrical charge produced on contact does not exceed energizer characteristics set for electric fences by the International Electrotechnical Commission. (c) Any battery-charged fence installed under this Section must have conspicuous signs located on the fence placed not less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". (d) A home rule municipality may not regulate battery-charged fencing in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.(Source: P.A. 103-796, eff. 1-1-25.) |
(65 ILCS 5/Art. 11 Div. 14 heading) DIVISION 14.
SET-BACK LINES
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(65 ILCS 5/11-14-1) (from Ch. 24, par. 11-14-1)
Sec. 11-14-1.
In addition to existing powers and to the end that adequate
light, pure air, or safety may be secured and that congestion of public
streets may be lessened or avoided, the corporate authorities in each
municipality have power by ordinance to establish, regulate, and limit the
building or set-back lines on or along any street, traffic way, drive, or
parkway or storm or floodwater runoff channel within the municipality, as
may be deemed best suited to carry out these purposes. The powers given by
this Division 14 shall not be exercised so as to deprive the owner of any
existing property of its use or maintenance for the purpose to which it is
then lawfully devoted.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-14-2) (from Ch. 24, par. 11-14-2)
Sec. 11-14-2.
All ordinances passed under the terms of this Division 14
shall be enforced by such officers of the municipality as may be designated
by ordinance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-14-3) (from Ch. 24, par. 11-14-3)
Sec. 11-14-3.
The regulations imposed under the authority of this Division
14 may be amended from time to time by ordinance after the ordinance
establishing the regulations has gone into effect, but no amendment shall
be made without a hearing before a commission or committee designated by
the corporate authorities of the municipality. A notice of the time and
place of such a hearing shall be given at least once, not more than 30 nor
less than 15 days before the hearing, by publishing a notice thereof 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. An
amendment shall not be passed except by a favorable vote of two-thirds of
the members of the city council then holding office in cities or members of
the board of trustees then holding office in villages or incorporated
towns.
(Source: Laws 1967, p. 3425.)
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(65 ILCS 5/11-14-4) (from Ch. 24, par. 11-14-4)
Sec. 11-14-4.
In case any structure is erected or constructed in violation
of this Division 14 or of any ordinance made under the authority conferred
by this Division 14, the proper officers of the municipality, in addition
to other remedies, may institute any appropriate action or proceeding (1)
to prevent the unlawful erection or construction, (2) to restrain, correct,
or abate the violation, (3) to prevent the occupancy of the structure, or
(4) to prevent any illegal act, conduct, business, or use in or about the
premises.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 15 heading) DIVISION 15.
APPROVAL OF MAPS AND PLATS
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(65 ILCS 5/11-15-1) (from Ch. 24, par. 11-15-1)
Sec. 11-15-1.
The corporate authorities may provide, by ordinance, that any
map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or
of any piece or parcel of land, shall be submitted to the corporate
authorities, or to some officer to be designated by them, for their or his
approval. In that case no such map, plat, or subdivision shall be entitled
to record in the proper county, or have any validity until it has been so
approved. If any municipality has adopted a subdivision ordinance pursuant
to Division 12 of Article 11 of this code, as heretofore and hereinafter
amended, all subdivision plats shall be submitted for approval and
approved in the manner provided in such ordinance. Until approved by the
corporate authorities, or such officer designated by them, no such map,
plat or subdivision plat shall be entitled to record in the proper county,
or have any validity whatever.
(Source: Laws 1961, p. 2425.)
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(65 ILCS 5/Art. 11 Div. 15.1 heading) DIVISION 15.1.
ANNEXATION AGREEMENTS
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(65 ILCS 5/11-15.1-1) (from Ch. 24, par. 11-15.1-1)
Sec. 11-15.1-1.
The corporate authorities of any municipality may enter
into an annexation agreement with one or more of the owners of record
of land in unincorporated territory. That land may be annexed to the
municipality in the manner provided in Article 7 at the time the land is or
becomes contiguous to the municipality. The agreement shall be valid and
binding for a period of not to exceed 20 years from the date of its execution.
Lack of contiguity to the municipality of property that is the subject of
an annexation agreement does not affect the validity of the agreement
whether approved by the corporate authorities before or after the effective
date of this amendatory Act of 1990.
This amendatory Act of 1990 is declarative of existing law and does not
change the substantive operation of this Section.
(Source: P.A. 86-1169; 87-1137.)
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(65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
Sec. 11-15.1-2.
Any such agreement may provide for the following as it
relates to the land which is the subject of the agreement:
(a) The annexation of such territory to the municipality, subject to the
provisions of Article 7.
(b) The continuation in effect, or amendment, or continuation in effect
as amended, of any ordinance relating to subdivision controls, zoning,
official plan, and building, housing and related restrictions; provided,
however, that any public hearing required by law to be held before the
adoption of any ordinance amendment provided in such agreement shall be
held prior to the execution of the agreement, and all ordinance amendments
provided in such agreement shall be enacted according to law.
(c) A limitation upon increases in permit fees required by the
municipality.
(d) Contributions of either land or monies, or both, to any
municipality
and to other units of local government having
jurisdiction over all or part of land that is the subject matter of any annexation agreement entered
into under the provisions of this Section shall be deemed valid when made and
shall survive the expiration date of any such annexation agreement with respect
to all or any part of the land that was the subject matter of the annexation
agreement.
(e) The granting of utility franchises for such land.
(e-5) The abatement of property taxes.
(f) Any other matter not inconsistent with the provisions of this Code,
nor forbidden by law.
Any action taken by the corporate authorities during the period such
agreement is in effect, which, if it applied to the land which is the
subject of the agreement, would be a breach of such agreement, shall not
apply to such land without an amendment of such agreement.
After the effective term of any annexation agreement and unless otherwise
provided for within the annexation agreement or an amendment to the annexation
agreement, the
provisions of any ordinance relating to the zoning of the land that is
provided for within the agreement or an amendment to the agreement, shall
remain in effect unless modified in
accordance with law. This amendatory Act of 1995 is declarative of existing
law and shall apply to all annexation agreements.
(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14, eff.
7-1-97.)
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(65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)
Sec. 11-15.1-2.1. Annexation agreement; municipal jurisdiction.
(a) Except as provided in subsections (b) and (c), property that is the subject of an annexation agreement adopted
under this Division is subject to the ordinances, control, and jurisdiction
of the annexing municipality in all respects the same as property that lies
within the annexing municipality's corporate limits.
(b) This Section shall not apply in (i) a county with a population of more
than 3,000,000, (ii) a county that borders a county with a population of
more than 3,000,000
or (iii) a county with a population of more than
246,000 according to the 1990 federal census and bordered by the Mississippi
River,
unless the parties to the annexation agreement have, at the
time the agreement is signed, ownership or control of all property
that would make the property that is the subject of the agreement contiguous
to the annexing municipality, in which case the property that is the subject of
the annexation agreement is subject to the ordinances, control, and
jurisdiction of the municipality in all respects the same as property owned by
the municipality that lies within its corporate limits.
(b-5) The limitations of item (iii) of subsection (b) do not apply to property that is the subject of an annexation agreement adopted under this Division within one year after the effective date of this amendatory Act of the 95th General Assembly with a coterminous home rule municipality, as of June 1, 2009, that borders the Mississippi River, in a county with a population in excess of 258,000, according to the 2000 federal census, if all such agreements entered into by the municipality pertain to parcels that comprise a contiguous area of not more than 120 acres in the aggregate.
(c) Except for property located in a county referenced in subsection (b) of this Section, if any property or any portion of a property that is located more than 1.5 miles from a municipality's corporate limits in a county where the county board has voted to maintain the ordinances, control, and jurisdiction of the property by a two-thirds affirmative vote, that property is subject to the ordinances, control, and jurisdiction of the county.
(d) If the county board retains jurisdiction under subsection (c) of this Section, the annexing municipality may file a request for jurisdiction with the county board on a case by case basis. If the county board agrees by the affirmative vote of a majority of its members, then the property covered by the annexation agreement shall be subject to the ordinances, control, and jurisdiction of the annexing municipality.
(Source: P.A. 96-163, eff. 1-1-10; 96-188, eff. 8-10-09; 96-1000, eff. 7-2-10; 97-404, eff. 8-16-11.)
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(65 ILCS 5/11-15.1-3) (from Ch. 24, par. 11-15.1-3)
Sec. 11-15.1-3.
Any such agreement executed after July 31, 1963 and all
amendments of annexation agreements, shall be entered into in the following
manner. The corporate authorities shall fix a time for and hold a public
hearing upon the proposed annexation agreement or amendment, and shall give
notice of the proposed agreement or amendment not more than 30 nor less
than 15 days before the date fixed for the hearing. This notice 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 annexing municipality.
After such hearing the agreement or amendment may be modified before
execution thereof. The annexation agreement or amendment shall be executed
by the mayor or president and attested by the clerk of the municipality
only after such hearing and upon the adoption of a resolution or ordinance
directing such execution, which resolution or ordinance must be passed by a
vote of two-thirds of the corporate authorities then holding office.
(Source: P.A. 76-912.)
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(65 ILCS 5/11-15.1-4) (from Ch. 24, par. 11-15.1-4)
Sec. 11-15.1-4.
Any annexation agreement executed pursuant to this Division
15.1, or in conformity with Section 11-15.1-5 hereof, shall be binding upon the
successor owners of record of the land which is the subject of the agreement
and upon successor municipal authorities of the municipality and successor
municipalities. Any party to such agreement may by civil action, mandamus,
injunction or other proceeding, enforce and compel performance of the
agreement.
A lawsuit to enforce and compel performance of the agreement must be filed
within the effective term of the agreement or within 5 years from the date the
cause of action accrued, whichever time is later.
(Source: P.A. 89-432, eff. 6-1-96.)
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(65 ILCS 5/11-15.1-5) (from Ch. 24, par. 11-15.1-5)
Sec. 11-15.1-5.
Any annexation agreement executed prior to October 1, 1973 which was
executed pursuant to a two-thirds vote of
the corporate authorities and which contains provisions not inconsistent
with Section 11-15.1-2 hereof is hereby declared valid and enforceable as
to such provisions for the effective period of such agreement, or for 20
years from the date of execution thereof, whichever is shorter.
The effective term of any Annexation Agreement executed prior to the
effective date of this Amendatory Act of 1985 may
be extended to a date which is not later than 20
years from the date of execution of the original Annexation Agreement.
(Source: P.A. 84-835.)
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(65 ILCS 5/Art. 11 Div. 15.2 heading)
DIVISION 15.2.
ANNEXATION; DRAINAGE DISTRICTS(Source: P.A. 94-266, eff. 1-1-06.) |
(65 ILCS 5/11-15.2-1)
Sec. 11-15.2-1. If authorized by an agreement approved by the court pursuant to notice as required by Section 4-22 of the Illinois Drainage Code (70 ILCS 605/4-22), a municipality and a drainage district may enter into an implementing agreement to provide for the automatic detachment of land from the drainage district when the land is annexed to the municipality. An implementing agreement shall not be required to comply with the provisions of Sections 4-19 through 4-24 of the Illinois Drainage Code (70 ILCS 605/4-19 through 605/4-24) and may authorize the filing of certificates as provided in this Section. Upon the filing of a certificate, executed by a drainage district in compliance with Section 4-11 of the Illinois Drainage Code (70 ILCS 605/4-11) and by an annexing municipality, the land described in the certificate shall be detached from the drainage district and annexed to the annexing municipality as of the date of filing. The certificate shall be filed with the drainage district clerk and the county clerk where the land is located. The legal effect of the filing of a certificate shall be the same as a court order entered pursuant to Section 8-20 of the Illinois Drainage Code (70 ILCS 605/8-20).
(Source: P.A. 94-266, eff. 1-1-06.) |
(65 ILCS 5/Art. 11 Div. 15.3 heading) DIVISION 15.3. WIND FARMS
(Source: P.A. 96-328, eff. 8-11-09.) |
(65 ILCS 5/11-15.3-1) Sec. 11-15.3-1. Wind farms. A municipality may own and operate a wind generation turbine farm, either individually or jointly with another unit of local government, school district, or community college district that is authorized to own and operate a wind generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the municipality. The municipality may ask for the assistance of any State agency, including without limitation the Department of Commerce and Economic Opportunity, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind generation turbine farm.
(Source: P.A. 95-805, eff. 8-12-08.) |
(65 ILCS 5/Art. 11 Div. 15.4 heading) DIVISION 15.4. MUNICIPAL URBAN AGRICULTURAL AREAS
(Source: P.A. 100-1133, eff. 1-1-19.) |
(65 ILCS 5/11-15.4-5) Sec. 11-15.4-5. Definitions. As used in this Division: "Agricultural product" means an agricultural, horticultural, viticultural, aquacultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to it in this State. "Agricultural product" includes, but is not limited to, growing of grapes that will be processed into wine; bees; honey; fish or other aquacultural product; planting seed; livestock or livestock product; forestry product; and poultry or poultry product. "Aquaculture" means the controlled propagation, growth and harvest of aquatic organisms, including but not limited to fish, shellfish, mollusks, crustaceans, algae and other aquatic plants, by an aquaculturist. "Aquatic products" means any aquatic plants and animals or their by-products that are produced, grown, managed, harvested and marketed on an annual, semi-annual, biennial or short-term basis, in permitted aquaculture facilities. "Department" means the Department of Agriculture. "Livestock" means cattle; calves; sheep; swine; ratite birds, including, but not limited to, ostrich and emu; aquatic products obtained through aquaculture; llamas; alpaca; buffalo; elk documented as obtained from a legal source and not from the wild; goats; horses and other equines; or rabbits raised in confinement for human consumption. "Locally grown" means a product that was grown or raised in the same county or adjoining county in which the urban agricultural area is located. "Partner organization" means a nonprofit organization that meets standards set forth by Section 501(c)(3) of the Internal Revenue Code and whose mission includes supporting small, beginning, limited resource, or socially-disadvantaged farmers within municipalities. "Poultry" means any domesticated bird intended for human consumption. "Qualifying farmer" means an individual or entity that meets at least one of the following: (1) is a small or medium sized farmer; (2) is a beginning farmer; (3) is a limited resource farmer; or (4) is a socially-disadvantaged farmer. "Small or medium sized farmer", "beginning farmer", "limited resource farmer", and "socially-disadvantaged farmer" have the meanings given to those terms in rules adopted by the Department as provided in Section 205-65 of the Department of Agriculture Law. "Urban agricultural area" means an area defined by a municipality and entirely within that municipality's boundaries within which one or more qualifying farmers are processing, growing, raising, or otherwise producing locally-grown agricultural products.
(Source: P.A. 102-555, eff. 1-1-22.) |
(65 ILCS 5/11-15.4-10) Sec. 11-15.4-10. Urban agricultural area committee. (a) The corporate authorities of a municipality that seek to establish an urban agricultural area shall first establish an urban agricultural area committee after it receives an application to establish an urban agricultural area under Section 11-15.4-15. There shall be 5 members on the committee. One member of the committee shall be a member of the municipality's board and shall be appointed by the board.
The remaining 4 members shall be appointed by the president or mayor of the municipality. The 4 members chosen by the president or mayor shall all be residents of the municipality in which the urban agricultural area is to be located, and at least one of the 4 members shall have experience in or represent an organization associated with sustainable agriculture, urban farming, community gardening, or any of the activities or products authorized by this Division for urban agricultural areas. (b) The members of the committee annually shall elect a chair from among the members. The members shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties. (c) A majority of the members shall constitute a quorum of the committee for the purpose of conducting business and exercising the powers of the committee and for all other purposes. Action may be taken by the committee upon a vote of a majority of the members present. (d) The role of the committee shall be to conduct the activities necessary to advise the corporate authorities of the municipality on the designation, modification, and termination of an urban agricultural area and any other advisory duties as determined by the corporate authorities of the municipality. The role of the committee after the designation of an urban agricultural area shall be review and assessment of an urban agricultural area's activities.
(Source: P.A. 100-1133, eff. 1-1-19.) |
(65 ILCS 5/11-15.4-15) Sec. 11-15.4-15. Application for an urban agricultural area; review; dissolution. (a) A qualified farmer or partner organization may submit to the municipal clerk an application to establish an urban agricultural area. The application shall demonstrate or identify: (1) that the applicant is a qualified farmer; (2) the number of jobs to be created, maintained, or | ||
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(3) the types of products to be produced; and (4) the geographic description of the area that will | ||
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(b) An urban agricultural area committee shall review and modify the application as necessary before the municipality either approves or denies the request to establish an urban agricultural area. (c) Approval of the urban agricultural area by a municipality shall be reviewed every 5 years after the development of the urban agricultural area. After 25 years, the urban agricultural area shall dissolve. If the municipality finds during its review that the urban agricultural area is not meeting the requirements set out in this Division, the municipality may dissolve the urban agricultural area by ordinance or resolution.
(Source: P.A. 100-1133, eff. 1-1-19.) |
(65 ILCS 5/11-15.4-20) Sec. 11-15.4-20. Notice and public hearing; urban agricultural area ordinance. Prior to the adoption of an ordinance designating an urban agricultural area, the urban agricultural area committee shall fix a time and place for a public hearing and notify each taxing unit of local government located wholly or partially within the boundaries of the proposed urban agricultural area. The committee shall publish notice of the hearing in a newspaper of general circulation in the area to be affected by the designation at least 20 days prior to the hearing but not more than 30 days prior to the hearing. The notice shall state the time, location, date, and purpose of the hearing. At the public hearing, any interested person or affected taxing unit of local government may file with the committee written objections or comments and may be heard orally in respect to, any issues embodied in the notice. The committee shall hear and consider all objections, comments, and other evidence presented at the hearing. The hearing may be continued to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the subsequent hearing. Following the conclusion of the public hearing required under this Section, the corporate authorities of the municipality may adopt an ordinance establishing and designating an urban agricultural area.
(Source: P.A. 100-1133, eff. 1-1-19.) |
(65 ILCS 5/11-15.4-25) Sec. 11-15.4-25. Taxation of property; water rates and charges. (a) If authorized by the ordinance that establishes an urban agricultural area under Section 11-15.4-20, a municipality may provide for the abatement of taxes it levies upon real property located within an urban agricultural area that is used by a qualifying farmer for processing, growing, raising, or otherwise producing agricultural products under item (11) of subsection (a) of Section 18-165 of the Property Tax Code. Parcels of property assessed under Section 10-110 of the Property Tax Code are not eligible for the abatements provided in this subsection; except that if real property assessed under Section 10-110 is reassessed and is subsequently no longer assessed under Section 10-110, that property becomes eligible for the abatements provided for in this Section. Real property located in a redevelopment area created under the Tax Increment Allocation Redevelopment Act and an urban agricultural area created under this Division may be eligible for an abatement under this Section, but only with respect to the initial equalized assessed value of the real property. (b) A municipality may authorize an entity providing water, electricity, or other utilities to an urban agricultural area to allow qualified farmers and partner organizations in the urban agricultural area to: (1) pay wholesale or otherwise reduced rates for service to property within the urban agricultural area that is used for processing, growing, raising, or otherwise producing agricultural products; or (2) pay reduced or waived connection charges for service to property within the urban agricultural area that is used for processing, growing, raising, or otherwise producing agricultural products.
(Source: P.A. 100-1133, eff. 1-1-19.) |
(65 ILCS 5/11-15.4-30) Sec. 11-15.4-30. Unreasonable restrictions and regulations; special assessments and levies. (a) A municipality may not exercise any of its powers to enact ordinances within an urban agricultural area in a manner that would unreasonably restrict or regulate farming practices in contravention of the purposes of this Act unless the restrictions or regulations bear a direct relationship to public health or safety. (b) A unit of local government providing public services, such as sewer, water, lights, or non-farm drainage, may not impose benefit assessments or special ad valorem levies on land within an urban agricultural area on the basis of frontage, acreage, or value unless the benefit assessments or special ad valorem levies were imposed prior to the formation of the urban agricultural area or unless the service is provided to the landowner on the same basis as others having the service.
(Source: P.A. 100-1133, eff. 1-1-19.) |
(65 ILCS 5/Art 11 prec Div 16 heading)
HEALTH REGULATIONS
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(65 ILCS 5/Art. 11 Div. 16 heading) DIVISION 16.
HEALTH BOARDS - GENERAL
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(65 ILCS 5/11-16-1) (from Ch. 24, par. 11-16-1)
Sec. 11-16-1.
The corporate authorities of each municipality may provide
for and maintain a board of health, consisting of more than one person, and
to prescribe its powers and duties, except where a municipality has adopted
the provisions of Division 17.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 17 heading) DIVISION 17.
HEALTH BOARDS IN MUNICIPALITIES OF
FROM 100,000 TO 200,000
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(65 ILCS 5/11-17-1) (from Ch. 24, par. 11-17-1)
Sec. 11-17-1.
When authorized in the manner provided by Section 11-17-2 the
corporate authorities of each municipality with a population of more
than 100,000 and less than 200,000 shall establish and maintain a public
health board for the use and benefit of the inhabitants of the
municipality and shall levy annually a tax of not to exceed .075% of the
value, as equalized or assessed by the Department of Revenue, on all taxable
property in the municipality. In those
municipalities in which a public health board has been established under
this Division 17 before July 24, 1967, the corporate authorities shall
levy annually a tax not exceeding .075% of the value, as equalized or
assessed by the Department of Revenue, on all taxable
property in the municipality. The tax levied under this Section shall be
levied and collected in like manner as are the general taxes of the
collecting municipality, and the money so collected shall be known as
the public health board fund. The tax shall be in addition to all other
taxes which the municipality is now, or may be hereafter, authorized to
levy upon the property within the municipality, and shall be in addition
to the amount authorized to be levied for general purposes as provided
in Section 8-3-1.
If the municipality is situated within any county or multiple-county
health department for whose benefit a tax is levied under "An Act in
relation to the establishment and maintenance of county and
multiple-county public health departments", approved July 9, 1943, as
now or hereafter amended, the county clerk shall reduce and abate from
the tax levied by the authority of this Division 17 a rate which would
produce an amount equal to the amount of the tax accruing to the
municipality under the above-named Act.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-17-2) (from Ch. 24, par. 11-17-2)
Sec. 11-17-2.
When 100 electors of any municipality specified in
Section 11-17-1 present a petition to the clerk of the
municipality asking that an annual tax be levied for the establishment
and maintenance of a public health board in the municipality, the
municipal clerk shall certify the proposition for submission to the voters
of the municipality at an election in accordance with the general election
law. The proposition shall be in substantially the following form:
Shall the municipality of.... YESestablish and maintain a public health board and levy an annual tax therefor? NO
If a majority of the electors voting upon the question are in favor
of the proposition, the corporate authorities of the municipality shall
proceed as provided in Section 11-17-1. Thereafter, the corporate
authorities shall include in the annual appropriation ordinance an
appropriation from the public health board fund of such amount as may be
necessary to defray all necessary expenses and liabilities of the public
health board.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-17-3) (from Ch. 24, par. 11-17-3)
Sec. 11-17-3.
When it has been decided to establish and maintain a public
health board under this Division 17, the mayor or president, with the
approval of the corporate authorities, shall appoint a board of 5
directors, 2 of whom are duly licensed to practice medicine and surgery in
the State of Illinois and have been in the actual practice of their
profession, and the other 3 of whom are citizens of the municipality. The
directors shall be chosen with reference to their special fitness for that
office.
One of the directors shall be appointed to hold office for one year, one
for 2 years, one for 3 years, one for 4 years, and one for 5 years from the
first day of July following their appointments. At the expiration of the
term of any director, the mayor or president, with the approval of the
corporate authorities, shall appoint a successor, or reappoint that
director, who shall hold office for 5 years and until his successor is
appointed and has qualified. A majority of the directors, with the consent
of the mayor or president and the corporate authorities, may remove any
director for misconduct or neglect of duty.
Vacancies in the board of directors, however occasioned, shall be filled
in like manner as original appointments. No director shall receive
compensation for serving as a director. No director shall be interested in
a private capacity, either directly or indirectly, in the purchase or sale
of any supplies for the public health board.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-17-4) (from Ch. 24, par. 11-17-4)
Sec. 11-17-4.
Immediately after their appointment, the directors shall meet
and organize by electing one of their number as president and one as
secretary and by electing such other officers as they may deem necessary.
They shall adopt such by-laws, rules, and regulations for their own
guidance and for the government of the public health board as may be
expedient and not inconsistent with this Division 17 or with the ordinances
of the municipality. They have the exclusive control of the expenditure of
all money collected to the credit of the public health board fund. All
money received for the public health board shall be deposited in the
municipal treasury to the credit of the public health board fund and shall
not be used for any other purpose. The money shall be drawn upon by the
proper municipal officer upon the properly authenticated vouchers of the
board of directors.
The board has the power to appoint suitable assistants and other
employees and fix their compensation, and to remove such appointees. The
board, in general, shall carry out the spirit and intent of this Division
17 in establishing and maintaining a public health board. In a city which
has adopted or hereafter adopts Division 1 of Article 10, all
appointments and all removals of assistants or other employees shall be
made pursuant to the provisions of that Division 1 of Article 10 and not
otherwise, except that persons may be employed temporarily until persons
ranked upon the register under Division 1 of Article 10 for positions or
offices which are held under Division 1 of Article 10 are available for
service. Persons so appointed for temporary service shall hold their
positions as temporary appointees under Division 1 of Article 10.
Each officer and employee of the public health board is an officer or
employee, as the case may be, of the municipality in which the public
health board is established.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-17-5) (from Ch. 24, par. 11-17-5)
Sec. 11-17-5.
The public health board may initiate and maintain activities
for the promotion of maternal child health, industrial hygiene, mental
health, sanitary housing, public health education, and shall have the right
to inspect and regulate all food and milk products kept or offered for sale
within the jurisdiction of the board; may prevent and suppress contagious
diseases, and may initiate and maintain programs or activities which from
time to time may become necessary or proper for the promotion of public
health within the jurisdiction of the board.
(Source: P.A. 76-649.)
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(65 ILCS 5/11-17-6) (from Ch. 24, par. 11-17-6)
Sec. 11-17-6.
The public health board may accept gifts or gratuities of any
kind, and may use such gifts or gratuities for any of the purposes
authorized by this Division 17.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-17-7) (from Ch. 24, par. 11-17-7)
Sec. 11-17-7.
The board of directors may lease or acquire and take title in
the name of public health board to such real estate as may be reasonably
necessary for the housing and the proper functioning of any and all
divisions of such health department and may make exchanges of real estate
and may maintain, repair, remodel, or improve the same when in the judgment
of the board of directors such exchanges, repairs, remodeling or
improvements are reasonably necessary. Such leasing, acquisition,
exchanges, maintenance, repairs, remodeling and improvements may be made
with monies of the public health board fund.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-17-8) (from Ch. 24, par. 11-17-8)
Sec. 11-17-8.
Rules and regulations adopted or enacted into an ordinance in
conformity with Section 11-17-5 shall be enforced in the same manner as
municipal ordinances. Any person who violates any of these rules and
regulations is guilty of a petty offense and on conviction thereof shall be
punished by a fine of not less than $10, nor more than $100, for each
offense. Each day a violation continues is a separate offense.
(Source: P.A. 77-2500.)
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(65 ILCS 5/11-17-9) (from Ch. 24, par. 11-17-9)
Sec. 11-17-9.
When the board of directors of any public health board
established and maintained under this Division 17 makes a written
recommendation to the corporate authorities for the discontinuance of
the public health board, stating in their recommendation the reasons
therefor, or when at least 20% of the electors of the municipality, as
shown by the last general municipal election, present a petition to the
corporate authorities asking for the discontinuance of the public health
board, the corporate authorities may pass an ordinance providing for the
discontinuance of the board.
This ordinance shall be certified by the local clerk and submitted
to the electors of the municipality at an
election in accordance with the general election law. The ordinance
shall be effective only
if approved by a majority of those voting upon the question.
The methods of discontinuance provided by this section and Section
11-17-10 are exclusive.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-17-10) (from Ch. 24, par. 11-17-10)
Sec. 11-17-10.
The question shall be substantially in the following form:
Shall the public health board of the city (or village or YES incorporated town, as the case may be) of.... as provided in ordinance NO No..... be discontinued?
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-17-11) (from Ch. 24, par. 11-17-11)
Sec. 11-17-11.
When any ordinance specified in Section 11-17-9 has been so
ratified, the corporate authorities, after discharging all financial
obligations of the public health board, by appropriate ordinance may
transfer any money then in the public health board fund into the general
fund of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-17-12) (from Ch. 24, par. 11-17-12)
Sec. 11-17-12.
Any public health board established and maintained under "An
Act to authorize cities and villages of more than 100,000 and less than
200,000 inhabitants to establish and maintain public health boards and to
levy an annual tax therefor," approved March 4, 1937, as amended, which was
in existence immediately prior to January 1, 1942 shall be treated as
properly established under this Division 17 and shall be continued to be
maintained under this Division 17 unless it is discontinued as provided in
this Division 17. All cities and villages whose electors have approved the
levy of an annual tax for a public health board under that Act may continue
to levy the tax under this Division 17 without submitting the question of
its levy to the electors for approval. The directors, assistants, or other
employees appointed under that Act who were in office or employed
immediately prior to January 1, 1942 shall continue in their offices and
employments under this Division 17 until the respective terms for which
they were elected or appointed have expired, subject to the applicable
provisions of this Code or other Illinois statutes as to removal.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 18 heading) DIVISION 18.
COMMUNITY NURSES IN MUNICIPALITIES OF FROM 5,000 TO 100,000
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(65 ILCS 5/11-18-1) (from Ch. 24, par. 11-18-1)
Sec. 11-18-1.
When a municipality with a population of more than 5,000 and
less than 100,000 has adopted this Division 18 in the manner provided by
Section 11-18-3, the mayor or president shall appoint, upon the
recommendation of the municipal board of health, one or more registered
nurses, to be known as community nurses. These nurses shall perform such
duties as may be assigned to them by the health officer of the
municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-18-2) (from Ch. 24, par. 11-18-2)
Sec. 11-18-2.
A municipality which adopts this Division 18 may levy, annually, a
tax of not more than .0075% of the value, as equalized or assessed by
the Department of Revenue, of all taxable property
therein, for the current year, to provide revenue for the salaries of
and expenses incident to the performance of the duties of the community
nurses. This tax shall be in addition to all taxes authorized by law to
be levied and collected in that municipality and shall be in addition to
the taxes authorized to be levied for general purposes under 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 5/11-18-3) (from Ch. 24, par. 11-18-3)
Sec. 11-18-3.
Whenever at least 100 electors of a specified
municipality present a petition to the municipal clerk,
asking that the question of the adoption of this Division 18 be
submitted to the electors of the municipality
the question shall be certified by the clerk and submitted to the electors of the
municipality at an election in accordance with the general election law.
The question shall be in substantially the following form:
Shall the city (or village or incorporated town) of............ YES adopt Division 18 of Article 11 of the Illinois Municipal Code providing for community nurses in certain municipalities and permit a tax of not to exceed .0075% NO therefor?
If a majority of the votes cast on the question
are in favor of the
adoption of this Division 18, such division is adopted and in force
thereafter in that municipality.
(Source: P.A. 81-1535.)
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(65 ILCS 5/11-18-4) (from Ch. 24, par. 11-18-4)
Sec. 11-18-4.
Any municipality which has heretofore adopted "An Act
providing for community nurses in certain cities, villages and incorporated
towns, and permitting a tax therefor," approved June 30, 1925, as amended,
shall be treated as having adopted this Division 18. The registered nurses
appointed to act as community nurses under that Act, who were so acting
immediately prior to January 1, 1942, shall continue to so act under this
Division 18.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 19 heading) DIVISION 19.
DISPOSAL OF REFUSE, GARBAGE AND ASHES
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(65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
Sec. 11-19-1. Contracts.
(a) Any city, village or incorporated town may make contracts
with any other city, village, or incorporated town or with any person,
corporation, or county, or any agency created by intergovernmental
agreement, for more than one year and not exceeding 30 years
relating to the collection and final disposition, or relating solely to
either the collection or final disposition of garbage, refuse and ashes.
A municipality may contract with private industry to operate a
designated facility for the disposal, treatment or recycling of solid
waste, and may enter into contracts with private firms or
local governments for the delivery of waste to such facility.
In regard to a contract involving a garbage, refuse, or garbage and refuse
incineration facility, the 30 year contract limitation imposed by this
Section shall be computed so that the 30 years shall not begin to run until
the date on which the facility actually begins accepting garbage or refuse.
The payments required in regard to any contract entered into under
this Division 19 shall not be regarded as indebtedness of the city,
village, or incorporated town, as the case may be, for the purpose of any
debt limitation imposed by any law. On and after the effective date of this amendatory Act of the 100th General Assembly, a municipality with a population of less than 1,000,000 shall not enter into any new contracts with any other unit of local government, by intergovernmental agreement or otherwise, or with any corporation or person relating to the collecting and final disposition of general construction or demolition debris; except that this sentence does not apply to a municipality with a population of less than 1,000,000 that is a party to: (1) a contract relating to the collecting and final disposition of general construction or demolition debris on the effective date of this amendatory Act of the 100th General Assembly; or (2) the renewal or extension of a contract relating to the collecting and final disposition of general construction or demolition debris irrespective of whether the contract automatically renews, is amended, or is subject to a new request for proposal after the effective date of this amendatory Act of the 100th General Assembly. (a-5) If a municipality with a population of less than 1,000,000 located in a county as defined in the Solid Waste and Recycling Program Act has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then the municipality may not award a franchise unless: (1) the municipality provides prior written notice | ||
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(2) the municipality adopts an ordinance requiring | ||
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(3) the report to the municipality required under | ||
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All such reports shall be filed with the municipality by the hauler on or before the last day of the month following the end of the 6-month reporting period. Within 15 days after the last day for licensed haulers to file such reports, the municipality shall post on its website: (i) the information provided by each hauler pursuant to paragraph (2) of this subsection (a-5), without identifying the hauler; and (ii) the aggregate number of non-residential locations served by all licensed haulers in the municipality and the aggregate number of non-residential locations contracting with all licensed haulers in the municipality for the recyclable materials collection service under Section 10 of the Solid Waste Hauling and Recycling Program Act. (a-10) Beginning at the conclusion of the 36-month reporting period and thereafter, and upon written request of the municipality, each licensed hauler shall, for every 6-month period, report to the municipality (i) the number of non-residential locations served by the hauler in the municipality and the number of non-residential locations contracting with the hauler for the recyclable materials collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act, (ii) an estimate of the quantity of recyclable materials, in tons, collected by the hauler in the municipality from non-residential locations contracting with the hauler for recyclable materials collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act, and (iii) an estimate of the quantity of municipal waste, in tons, collected by the hauler in the municipality from those non-residential locations. All reports for that 6-month period shall be filed with the municipality by the hauler on or before the last day of the month following the end of the 6-month reporting period. Within 15 days after the last day for licensed haulers to file such reports, the municipality shall post on its website: (i) the information provided by each hauler pursuant to this subsection (a-10), without identifying the hauler; and (ii) the aggregate number of non-residential locations served by all licensed haulers in the municipality and the aggregate number of non-residential locations contracting with all licensed haulers in the municipality for the recyclable materials collection service under Section 10 of the Solid Waste Hauling and Recycling Program Act. A municipality subject to subsection (a-5) of this Section may not award a franchise unless 2 consecutive 6-month reports determine that less than 50% of the non-residential locations within the municipality contract for recyclable material collection service pursuant to Section 10 of the Solid Waste Hauling and Recycling Program Act. (b) If a municipality with a population of less than 1,000,000 has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then that municipality may not award such a franchise without issuing a request for proposal. The municipality may not issue a request for proposal without first: (i) holding at least one public hearing seeking comment on the advisability of issuing a request for proposal and awarding a franchise; (ii) providing at least 30 days' written notice of the hearing, delivered by first class mail to all private entities that provide non-residential waste collection services within the municipality that the municipality is able to identify through its records; and (iii) providing at least 30 days' public notice of the hearing. After issuing a request for proposal, the municipality may not award a franchise without first: (i) allowing at least 30 days for proposals to be submitted to the municipality; (ii) holding at least one public hearing after the receipt of proposals on whether to award a franchise to a proposed franchisee; and (iii) providing at least 30 days' public notice of the hearing. At the public hearing, the municipality must disclose and discuss the proposed franchise fee or calculation formula of such franchise fee that it will receive under the proposed franchise. (b-5) If no request for proposal is issued within 120 days after the initial public hearing required in subsection (b), then the municipality must hold another hearing as outlined in subsection (b). (b-10) If a municipality has not awarded a franchise within 210 days after the date that a request for proposal is issued pursuant to subsection (b), then the municipality must adhere to all of the requirements set forth in subsections (b) and (b-5). (b-15) The franchise fee and any other fees, taxes, or charges imposed by the municipality in connection with a franchise for the collection of waste from non-residential locations must be used exclusively for costs associated with administering the franchise program. (c) If a municipality with a population of less than 1,000,000 has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then a private entity may not begin providing waste collection services to non-residential locations under a franchise agreement with that municipality at any time before the date that is 15 months after the date the ordinance or resolution approving the award of the franchise is adopted. (d) For purposes of this Section, "waste" means garbage, refuse, or ashes as defined in Section 11-19-2. (e) A home rule unit may not award a franchise to a private entity for the collection of waste in a manner contrary to the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(f) A municipality with a population of less than 1,000,000 shall not award a franchise or contract to any private entity for the collection of general construction or demolition debris from residential or non-residential locations. This subsection does not apply to a municipality with a population of less than 1,000,000 that is a party to: (1) a franchise or contract with a private entity for the collection of general construction or demolition debris from residential or non-residential locations on the effective date of this amendatory Act of the 100th General Assembly; or (2) the renewal or extension of a franchise or contract with a private entity for the collection of general construction or demolition debris from residential or non-residential locations irrespective of whether the franchise or contract automatically renews, is amended, or is subject to a new request for proposal after the effective date of this amendatory Act of the 100th General Assembly. (Source: P.A. 100-316, eff. 1-1-18.)
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(65 ILCS 5/11-19-2) (from Ch. 24, par. 11-19-2)
Sec. 11-19-2.
As used in this Division 19: (1) "Garbage" means wastes resulting
from the handling, preparation, cooking and consumption of food; wastes
from the handling, storage and sale of produce. (2) "Refuse" means combustible
trash, including, but not limited to, paper, cartons, boxes, barrels, wood,
excelsior, tree branches, yard trimmings, wood furniture, bedding;
noncombustible trash, including, but not limited to, metals, tin cans,
metal furniture, dirt, small quantities of rock and pieces of concrete,
glass, crockery, other mineral waste; street rubbish, including, but not
limited to, street sweepings, dirt, leaves, catch-basin dirt, contents of
litter receptacles, but refuse does not mean earth and wastes from building
operations, nor shall it include solid wastes resulting from industrial
processes and manufacturing operations such as food processing wastes,
boiler-house cinders, lumber, scraps and shavings. (3) "Ashes" means residue
from fires used for cooking and for heating buildings. (4) "General construction or demolition debris" has the meaning given to that term in Section 3.160 of the Environmental Protection Act.
(Source: P.A. 100-316, eff. 1-1-18.)
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(65 ILCS 5/11-19-3) (from Ch. 24, par. 11-19-3)
Sec. 11-19-3.
Whenever a city, village or incorporated town makes a
contract that is authorized by this Division 19, the corporate authorities
shall include in the annual appropriation ordinance for each fiscal year,
an appropriation of a sum of money sufficient to pay the amount which, by
the terms of the contract, is to become due and payable during the current
fiscal year.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-19-4) (from Ch. 24, par. 11-19-4)
Sec. 11-19-4.
The corporate authorities of each city, village and
incorporated town, whether organized under the general law or special
charter, with a population of less than 500,000, may establish and
maintain systems or plants, by contract or by direct provision, for the
collection and disposal, treatment or recycling or solely for
the collection or solely for the disposal, treatment or recycling of
garbage, refuse and ashes
in the city, village or incorporated town and for this purpose may levy
a tax. In municipalities with a population of less than 25,001, the tax
rate may not exceed .20% or the rate limit in effect on July 1, 1967,
whichever is greater, of the value, as equalized or assessed by the
Department of Revenue, on all of the taxable property
in the city or village for the current year. In municipalities with a
population of more than 25,000 the tax rate may not exceed .10% or the
rate limit in effect on July 24, 1969, whichever is greater, of the
value as equalized or assessed by the Department of Revenue on all of the
taxable property in the city or village for the current year. The annual
garbage tax shall be in addition to the amount authorized to be levied for
general purposes as provided by Section 8-3-1.
The foregoing limitations upon tax rates, insofar as they are
applicable to cities, villages and incorporated towns of less than
500,000 population, may be increased or decreased under the referendum
provisions of the General Revenue Law of Illinois.
The corporate authorities may, in addition to the levy of a garbage
tax, finance the establishment and maintenance of systems or plants, by
contract or by direct provision, for the collection and disposal, treatment
or recycling or solely for the collection or solely for the disposal,
treatment or recycling of garbage, refuse and ashes by service charges to be
collected from persons, firms and corporations receiving service. Such
service charges shall be established as can reasonably be expected to
yield revenues not in excess of contract obligations and the costs
of operation, maintenance, and
an adequate depreciation fund. If a city, village or incorporated town
assesses a service charge, the schedule of charges shall be adopted by
ordinance, and a copy of the schedule shall be furnished to each customer.
(Source: P.A. 84-963.)
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(65 ILCS 5/11-19-5) (from Ch. 24, par. 11-19-5)
Sec. 11-19-5.
Every city, village or incorporated town may provide such
method or methods as shall be approved by the corporate authorities for the
disposition of garbage, refuse and ashes. Any municipality may provide by
ordinance that such method or methods shall be the exclusive method or methods
for the disposition of garbage, refuse and ashes to be allowed within that
municipality. Such ordinance may be enacted notwithstanding the fact that
competition may be displaced or that such ordinance may have
an anti-competitive effect. Such methods may include, but
need not be limited to land fill, feeding of garbage to hogs, incineration,
reduction to fertilizer, or otherwise. Salvage and fertilizer or other
matter or things of value may be sold and the proceeds used for the
operation of the system. Material that is intended or collected
to be recycled is not garbage, refuse or ashes. A municipality with a population of less than 1,000,000 shall not provide by ordinance for any methods that award a franchise for the collection or final disposition of general construction or demolition debris, except as allowed under Section 11-19-1.
(Source: P.A. 100-316, eff. 1-1-18.)
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(65 ILCS 5/11-19-6) (from Ch. 24, par. 11-19-6)
Sec. 11-19-6.
Any city, village or incorporated town may exercise the
powers granted by this Division 19 individually or jointly and
cooperatively with any other one or more than one city, village or
incorporated town or one or more than one county provided the conditions
under which the powers are exercised are not in conflict with Sections
11-19-7 through 11-19-10.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-19-7) (from Ch. 24, par. 11-19-7)
Sec. 11-19-7.
When the corporate authorities of 2 or more cities, villages,
or incorporated towns each declare by ordinance that it is in the best
interests of such cities, villages, or incorporated towns to join with each
other or with any one or more than one county in the collection and
disposal or solely in the collection or solely in the disposal of garbage,
refuse and ashes, they shall cause a contract to be prepared which shall
set forth: (a) Whether the cities, villages or incorporated towns shall
participate in a joint garbage department to be operated as an
inter-municipal function; or whether the cities, villages or incorporated
towns shall enter into a contract or contracts with a private party or
parties for the collection and disposal of garbage, refuse and ashes; (b)
The financial responsibilities and contributions of the respective cities,
villages and incorporated towns and counties; (c) The personnel
responsibilities and contributions of the respective cities, villages and
incorporated towns and counties; (d) Whether the financing shall be by
service charges to be collected from persons, firms, and corporations
receiving service, by tax levies, or both; (e) The term of the contract
which shall be not less than one year nor more than 30 years: Provided,
such contract may be modified from time to time as conditions may warrant,
may be extended for periods not exceeding 30 years, may be opened to admit
additional cities, villages, incorporated towns or counties and may be
changed to permit the withdrawal of any participant on such conditions as
shall be agreed to by all of the participants; (f) If the contracting
parties so desire, an undertaking that they will provide by ordinance,
license, contract or other means that
the methods of disposal employed within any municipality with more than
130,000 but less than 2,000,000 population, or within any municipality which
is a signatory to a plan providing for the management of solid waste
generated by more than one municipality or county,
shall be the exclusive methods of disposal to be allowed
within their respective jurisdictions, notwithstanding
the fact that competition may be displaced or that such ordinance or agreement
may have an anti-competitive effect; and (g) Such other provisions as
shall be deemed necessary to effectuate a workable system of collection and
disposal or solely of collection or solely of disposal of garbage, refuse,
and ashes.
The corporate authorities of any city, village, or incorporated town and
the governing body of any county entering into any such joint exercise of
powers shall appoint a committee of no more than 3 of its own members to
make continuing studies of the operations of such joint exercise of powers.
This committee shall also meet as necessary with the committees appointed
by the other contracting parties and all of such committees shall together
constitute a joint committee on garbage and refuse disposal. Such joint
committee shall make recommendations necessary for the improvement of the
garbage, refuse and ashes collection and disposal services or collection
service or disposal service alone as the case may be, and shall prepare
such rules and regulations as it may from time to time deem necessary. The
corporate authorities may adopt such rules and regulations by ordinance and
may provide penalties for the violation thereof. The committee chosen by
each of the contracting parties shall have a single vote in all activities
of the joint committee.
(Source: P.A. 84-963.)
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(65 ILCS 5/11-19-8) (from Ch. 24, par. 11-19-8)
Sec. 11-19-8.
If a city, village or incorporated town exercises the powers
granted by this Division 19 jointly and cooperatively with another city,
village or incorporated town or county and it is agreed pursuant to the
provisions of Section 11-19-7 that there shall be a joint garbage
department to be operated as an intermunicipal function, employees assigned
to such department shall nevertheless be considered employees of the
appropriate individual city, village or incorporated town. The
administrative head or superintendent of any such joint department shall be
an employee of and shall be appointed by the mayor or president of the
largest city, village or incorporated town participating in the joint
department, but such appointment shall be subject to confirmation by the
joint committee on operations provided for in Section 11-19-7. Any rights,
privileges or benefits, civil service status, pensions or otherwise,
existing or hereinafter created, appertaining to any municipal employee
assigned to any joint garbage department shall continue to exist as rights,
privileges or benefits without regard to such assignment and as if this
amendatory act of 1957 had not been adopted.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-19-9) (from Ch. 24, par. 11-19-9)
Sec. 11-19-9.
Except as otherwise provided in Section 11-19-10, whenever a
city, village or incorporated town exercises the powers granted by this
Division 19 jointly and cooperatively with any other city, village or
incorporated town or county, all proceeds of tax levies, service charges,
sales or other income shall be placed in the treasury of the city, village
or incorporated town levying the tax or assessing the service charge or
making the sale, as the case may be.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-19-10) (from Ch. 24, par. 11-19-10)
Sec. 11-19-10. Every city, village, and incorporated town may acquire by
purchase, gift or condemnation any real property within or without the
corporate limits of such city, village or incorporated town for the purpose
of providing facilities for the disposal of garbage, refuse and ashes. In
all cases where property is acquired or sought to be acquired by
condemnation, the procedure shall be, as nearly as may be, like that
provided for the exercise of the right of eminent
domain under the Eminent Domain Act.
In any village containing a population of less than 15,000 where the
property sought to be acquired is to be used for a
refuse derived fuel system and for industrial development that will utilize
steam and electricity derived from such system, such property may be
acquired pursuant to the "quick-take" procedures prescribed in Section
7-103 of such Code (now Article 20 of the Eminent Domain Act) if such procedures are commenced on or before June 30,
1987. As used herein, "refuse derived fuel system" means a facility
designed to convert refuse and other waste materials into steam and
electricity to be used for industrial development and other commercial purposes.
If a city, village or incorporated town joins with one or more than one
other city, village or incorporated town or county in the exercise of the
powers granted by this section, (a) any real property purchased shall be
taken in the names of the contracting cities, villages, incorporated towns,
and counties, if any; (b) in case of condemnation, the city, village or
incorporated town in which the real property lies, or the city, village or
incorporated town nearest to the area of the real property to be condemned,
shall institute condemnation proceedings; Provided, (1) any real property
so acquired shall be held in trust by such city, village or incorporated
town for the benefit of the contracting cities, villages, incorporated
towns, and counties, all of which shall bear the expense of condemnation
according to agreement; (2) when real property acquired by condemnation is
no longer used for joint disposal of garbage, refuse and ashes, it shall be
sold by the city, village or incorporated town in whose name it is held and
the proceeds shall be distributed to the contracting cities, villages,
incorporated towns, and counties as their interests shall appear. Any
improvements existing on real property jointly acquired by purchase, gift
or condemnation for garbage, refuse and ashes disposal purposes which
cannot be used for such purposes may be disposed of in such manner as is
mutually agreeable to the cities, villages, incorporated towns, and
counties involved.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/Art. 11 Div. 19.1 heading) DIVISION 19.1.
AIR CONTAMINATION CONTROL
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(65 ILCS 5/11-19.1-11) (from Ch. 24, par. 11-19.1-11)
Sec. 11-19.1-11.
For the purposes of lessening or preventing the discharge
of air contaminants, the corporate authorities of a city, village or
incorporated town may prescribe by ordinance for the regulation of (1) the
design and installation of accessory or appurtenant parts and equipment of
buildings and structures and uses of land connected with the emission of
air contaminants, (2) the operation or use of equipment and appliances
emitting air contaminants, (3) the conduct or carrying on of uses of land
which causes the emission into the atmosphere of air contaminants, and (4)
the abatement of an operation, activity or use causing air contamination.
For the purposes of this Section, "air contaminant" means and includes but
is not limited to the following: dust, soot, mist, smoke, fumes, fly ash,
vapor, corrosive gas or other discharge and any other air borne material or
substance that is offensive, nauseous, irritating or noxious to humans or
other animal life.
The corporate authorities of any city, village or incorporated town may
make contracts providing for a program of joint air contamination control
within the jurisdiction of the contracting parties and providing terms and
conditions that are not in conflict with this Section with the corporate
authorities of any one or more of the following:
(a) any other city, village or incorporated town;
(b) one or more counties; or
(c) adjoining areas of another State.
The corporate authorities of each city, village or incorporated town
desiring to so contract shall appoint a committee of no more than 3 of its
own members to negotiate the terms and conditions of the proposed contract
which shall be subject to approval by those corporate authorities. The
rules and regulations for air contamination control established pursuant to
the terms and conditions of such approved contract shall be adopted by
ordinance by each contracting city, village or incorporated town.
Whenever the corporate authorities of any city, village or incorporated
town enter a contract that is authorized by this Section they shall include
in the annual appropriation ordinance for each fiscal year, an
appropriation of a sum of money sufficient to pay the amount which, by the
terms of the contract, is to become due and payable from that city, village
or incorporated town during the current fiscal year.
(Source: Laws 1967, p. 1340.)
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(65 ILCS 5/Art. 11 Div. 19.2 heading) DIVISION 19.2.
SANITATION CODE VIOLATIONS
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(65 ILCS 5/11-19.2-1) (from Ch. 24, par. 11-19.2-1)
Sec. 11-19.2-1.
Definitions.
As used in this Division, unless the
context requires otherwise:
(a) "Code" means any municipal ordinance that pertains to or regulates:
sanitation practices; forestry practices; the attachment of bills or
notices to public property; the definition, identification and abatement of
public nuisances; and the accumulation, disposal and transportation of
garbage, refuse and other forms of solid waste in a municipality.
(b) "Sanitation inspector" means a municipal employee authorized to
issue citations for code violations and to conduct inspections of public or
private real property in a municipality to determine if code violations exist.
(c) "Property owner" means the legal or beneficial owner of an improved
or unimproved parcel of real estate.
(d) "Hearing officer" means a person other than a sanitation inspector
or law enforcement officer having the following powers and duties:
(1) to preside at an administrative hearing called to | ||
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(2) to hear testimony and accept evidence from the | ||
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(3) to preserve and authenticate the record of the | ||
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(4) to issue and sign a written finding, decision and | ||
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(5) to impose penalties consistent with applicable | ||
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(e) "Respondent" means a property owner, waste hauler or other person
charged with liability for an alleged code violation and the person to whom
the notice of violation is directed.
(f) "Solid waste" means demolition materials, food and industrial
processing wastes, garden trash, land cleaning wastes, mixed refuse,
non-combustible refuse, rubbish, and trash as those terms are defined in the Solid Waste Disposal District Act.
(g) "Waste hauler" means any person owning or controlling any vehicle
used to carry or transport garbage, refuse or other forms of solid waste.
(Source: P.A. 90-655, eff. 7-30-98.)
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(65 ILCS 5/11-19.2-2) (from Ch. 24, par. 11.19.2-2)
Sec. 11-19.2-2.
Code hearing unit.
The corporate authorities of any
municipality having a population of 100,000 or more inhabitants may
establish by ordinance a code hearing unit within an existing code
enforcement agency or as a separate and independent agency in the municipal
government. The function of the code hearing unit is to expedite the
prosecution and correction of code violations in the manner set forth in
this Division.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-3) (from Ch. 24, par. 11-19.2-3)
Sec. 11-19.2-3.
Hearing procedures not exclusive.
In any municipality
where this Division is adopted, this Division shall not preclude the
municipality from using other methods to enforce the provisions of its Code.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-4) (from Ch. 24, par. 11-19.2-4)
Sec. 11-19.2-4. Instituting code hearing proceedings. When a
sanitation inspector observes or otherwise discovers a code violation, he
shall note the violation on a violation notice and report form, indicating
the name and address of the respondent, if known, the name, address and
State vehicle registration number of the waste hauler who deposited the
waste, if applicable, a citation to the specific code provision or provisions alleged to have been violated, a description of the circumstances present that constitute the alleged violation, the date and
time the violation was observed, the names of witnesses to the violation,
and the address of the location or property where the violation is observed.
The violation notice and report form shall contain a file number and a
hearing date noted by the sanitation inspector in the blank spaces provided
for that purpose on the form. The violation notice and report form shall
state that failure to appear at the hearing on the date indicated may
result in a determination of liability for the cited violation and the
imposition of fines and assessment of costs as provided by the applicable
municipal ordinance. The violation notice and report form shall also state
that upon a determination of liability and the exhaustion or failure to
exhaust procedures for judicial review, any unpaid fines or costs imposed
will constitute a debt due and owing the municipality.
A copy of the violation notice and report form shall be served upon the
respondent either personally or by first class mail, postage prepaid, and
sent to the address of the respondent. If the municipality has an
ordinance requiring all or certain property owners to register with the
municipality, service may be made on the respondent property owner by
mailing the violation notice and report to the owner's address registered
with the municipality. If the name of the respondent property owner cannot
be ascertained or if service on such respondent cannot be made by mail,
service may be made on the respondent property owner by posting a copy of
the violation notice and report form in a prominent place upon the property
where the violation is found, not less than 10 days before the hearing is
scheduled.
(Source: P.A. 97-1088, eff. 8-24-12.)
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(65 ILCS 5/11-19.2-5) (was 65 ILCS 5/19.2-5)
Sec. 11-19.2-5. Subpoenas - Defaults. At any time prior to
the hearing date the hearing officer assigned to hear the case
may, at the request of the sanitation inspector or the attorney
for the municipality, or the respondent or his attorney, issue
subpoenas directing witnesses to appear and give testimony at
the hearing. If on the date set for hearing the respondent or
his attorney fails to appear, the hearing officer may find the
respondent in default and shall proceed with the hearing and
accept evidence relating to the existence of a code violation.
(Source: P.A. 95-331, eff. 8-21-07.)
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(65 ILCS 5/19.2-5) (from Ch. 24, par. 11-19.2-5)
Sec. 19.2-5.
(Renumbered).
(Source: Renumbered by P.A. 95-331, eff. 8-21-07.)
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(65 ILCS 5/11-19.2-6) (from Ch. 24, par. 11-19.2-6)
Sec. 11-19.2-6.
Representation at code hearings.
The case for the
municipality may be presented by the sanitation inspector, by any other
municipal employee or by an attorney designated by the municipality.
However, in no event shall the case for the municipality be presented by an
employee of the code hearing unit. The case for the respondent may be
presented by the respondent, his attorney, or any other agent or
representative.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-7) (from Ch. 24, par. 11-19.2-7)
Sec. 11-19.2-7.
Hearing - Evidence.
The hearing officer shall preside
at the hearing, shall hear testimony and accept any evidence relevant
to the existence or non-existence of a code violation upon the property
indicated. The sanitation inspector's signed violation notice and report
form shall be prima facie evidence of the existence of the code violation
described therein. The strict rules of evidence applicable to judicial
proceedings shall not apply to hearings authorized under this Division.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-8) (from Ch. 24, par. 11-19.2-8)
Sec. 11-19.2-8.
Findings, Decision, and Order.
At the conclusion of
the hearing the hearing officer shall make a determination on the basis of
the evidence presented at the hearing whether or not a code violation
exists. The determination shall be in writing and shall be designated as
the findings, decision and order. The findings, decision and order shall
include the hearing officer's findings of fact, a decision whether or not a
code violation exists based upon the findings of fact, and an order,
imposing a fine or other penalty, directing the respondent to correct the
violation, or dismissing the case in the event the violation is not proved.
If the hearing officer determines that the respondent is liable for the
cited violation, the hearing officer shall enter an order imposing sanctions
that are provided in the code for the violations proved, including the
imposition of fines and recovery of the costs of the proceedings, which
costs shall be enforced in like manner as the enforcement of fines and
penalties. A copy of the findings, decision and order shall be served by
personal service or by any method provided for service of the violation
notice and report form pursuant to Section 11-19.2-4. Payment of any
penalty, fine or costs of the proceedings and the disposition of such money
shall be in the same manner as set forth in this Code, unless the corporate
authorities establishing a code hearing unit by ordinance provide otherwise.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-9) (from Ch. 24, par. 11-19.2-9)
Sec. 11-19.2-9.
Administrative review.
The findings, decision and
order of the hearing officer shall be subject to review in the circuit
court of the county where the municipality is located, and
the provisions of the Administrative Review Law, and all amendments and
modifications thereto, and the rules adopted pursuant thereto are adopted
and shall apply to and govern every action for the judicial review of the
final findings, decision and order of a hearing officer under this Division.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-10) (from Ch. 24, par. 11-19.2-10)
Sec. 11-19.2-10.
Sanctions appropriate to owner - property.
The
order to correct a code violation and the sanctions imposed by a
municipality against a respondent property owner as the result of a
finding of a code violation under this Division shall attach to the
property as well as the owner of the property, so that the finding of a code
violation against one owner cannot be avoided by conveying or transferring
the property to another owner. Any subsequent transferee or owner of
property takes subject to the findings, decision and order of a hearing
officer under this Division if a notice consisting of a copy of the order
to correct a code violation and imposing any sanctions and costs, if
applicable, and a description of the real estate affected sufficient for
the identification thereof, has been filed in the office of the Recorder or
the office of the Registrar of Titles in the county in which such real
estate is located by the municipality prior to the transfer or conveyance
to the subsequent transferee or owner.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-11) (from Ch. 24, par. 11-19.2-11)
Sec. 11-19.2-11.
(a) A person who contracts with the federal
government or any of its agencies, including without limitation the
Department of Housing and Urban Development, to care for vacant residential
real estate shall be responsible for maintaining the property to prevent
and correct municipal health and sanitation code violations.
(b) A person who violates this Section shall be subject to the
findings, decision and order of the hearing officer as provided in this
Division.
(c) A person who intentionally violates this Section is guilty of a
business offense and shall be fined not less than $501 and not more
than $1,000.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-12) (from Ch. 24, par. 11-19.2-12)
Sec. 11-19.2-12.
(a) Any fine, other sanction or costs imposed, or
part of any fine, other sanction or costs imposed remaining unpaid after
the exhaustion of, or the failure to exhaust, judicial review procedures
under the Administrative Review Law shall be a debt due and owing the
municipality and, as such, may be collected in accordance with applicable
law. Any subsequent owner or transferee of property takes subject to this
debt if a notice has been filed pursuant to Section 11-19.2-10.
(b) After expiration of the period within which judicial review under
the Administrative Review Law may be sought for a final determination of
the code violation, the municipality may commence a proceeding in the
circuit court of the county where the municipality is located for purposes
of obtaining a judgment on the findings, decision and order. Nothing in
this Section shall prevent a municipality from consolidating multiple
findings, decisions and orders against a person in such a proceeding. Upon
commencement of the action, the municipality shall file a certified
copy of the findings, decision and order, which shall be accompanied by a
certification that recites facts sufficient to show that the findings,
decision and order was issued in accordance with this Division and the
applicable municipal ordinance. Service of the summons
and a copy of the petition may be by any method provided by Section 2-203
of the Code of Civil Procedure or by certified mail, return receipt
requested, provided that the total amount of fines, other sanctions and
costs imposed by the findings, decision and order does not exceed $5,000.
If the court is satisfied that the findings, decision and order was entered
in accordance with the requirements of this Division and the applicable
municipal ordinance, and that the respondent had an opportunity for a
hearing under this Division and for judicial review as provided in this
Division:
(1) the court shall render judgment in favor of the | ||
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(2) the court may also issue such other orders or | ||
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(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-13) (from Ch. 24, par. 11-19.2-13)
Sec. 11-19.2-13.
Adoption of Division by municipality.
Any municipality
establishing a code hearing unit by ordinance under this Division may adopt
such other provisions as are necessary and proper to carry into effect the
powers granted and the purposes stated herein.
(Source: P.A. 86-1364.)
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(65 ILCS 5/Art. 11 Div. 20 heading) DIVISION 20.
FOOD, WATER, DISEASE, OTHER
REGULATIONS
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(65 ILCS 5/11-20-1) (from Ch. 24, par. 11-20-1)
Sec. 11-20-1.
The corporate authorities of each municipality may establish
and regulate markets and markethouses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-20-2) (from Ch. 24, par. 11-20-2)
Sec. 11-20-2.
The corporate authorities of each municipality may regulate
the sale of all beverages and food for human consumption except the
wholesale sale of alcoholic beverages and except as provided in "An Act
relating to the sale of bread", approved July 9, 1959, as heretofore and
hereafter amended. The corporate authorities may locate and regulate the
places where and the manner in which any beverage or food for human
consumption is sold and also may prescribe the loaf-weight and quality of
bread.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-20-3) (from Ch. 24, par. 11-20-3)
Sec. 11-20-3.
The corporate authorities of each municipality may provide
for and regulate the inspection of all food for human consumption and
tobacco.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-20-4) (from Ch. 24, par. 11-20-4)
Sec. 11-20-4.
The corporate authorities of each municipality may provide
for the cleansing and purification of waters, watercourses, and canals,
and, when necessary to prevent or abate a nuisance, may provide for the
drainage and filling of ponds on private property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-20-5) (from Ch. 24, par. 11-20-5)
Sec. 11-20-5.
The corporate authorities of each municipality may do all
acts and make all regulations which may be necessary or expedient for the
promotion of health or the suppression of diseases, including the
regulation of plumbing and the fixtures, materials, design and installation
methods of plumbing systems subject to the provisions of the plumbing
code promulgated under Section 35 of the "Illinois Plumbing License Law",
approved July 13, 1953, as amended.
(Source: P.A. 83-333.)
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(65 ILCS 5/11-20-6) (from Ch. 24, par. 11-20-6)
Sec. 11-20-6.
The corporate authorities of each municipality may provide
for the destruction of weeds at the expense of the owners of the premises
on which the weeds are growing.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-20-6.5) Sec. 11-20-6.5. Milkweed classification. (a) For purposes of this Section, "milkweed" means Asclepias syriaca or other native Asclepias species. (b) The corporate authorities of a municipality may not classify milkweed as a noxious or exotic weed. (c) A municipality may not classify milkweed in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 100-557, eff. 6-1-18.) |
(65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
Sec. 11-20-7. Cutting and removal of neglected weeds, grass, trees, and bushes. (a) The corporate authorities of each municipality may provide
for the removal of nuisance greenery from any parcel of private property within the municipality if the owners of that parcel, after reasonable notice, refuse or neglect to remove the nuisance greenery. The municipality may collect, from the owners of that parcel,
the reasonable removal cost. (b) The municipality's removal cost under this Section is a lien upon the underlying parcel in accordance with Section 11-20-15. (c) For the purpose of this Section: "Removal of nuisance greenery" or "removal activities" means the cutting of weeds or grass, the trimming of trees or bushes, and the removal of nuisance bushes or trees. "Removal cost" means the total cost of the removal activity.
(d) In the case of an abandoned residential property as defined in Section 11-20-15.1, the municipality may elect to obtain a lien for the removal cost pursuant to Section 11-20-15.1, in which case the provisions of Section 11-20-15.1 shall be the exclusive remedy for the removal cost. The provisions of this subsection (d), other than this sentence, are inoperative upon certification by the Secretary of the Illinois Department of Financial and Professional Regulation, after consultation with the United States Department of Housing and Urban Development, that the Mortgage Electronic Registration System program is effectively registering substantially all mortgaged residential properties located in the State of Illinois, is available for access by all municipalities located in the State of Illinois without charge to them, and such registration includes the telephone number for the mortgage servicer. (Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09; 96-856, eff. 3-1-10.)
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(65 ILCS 5/11-20-8) (from Ch. 24, par. 11-20-8)
Sec. 11-20-8. Pest extermination; liens. (a) The corporate authorities of
each municipality may provide pest-control activities on any parcel of private property
in the municipality if, after reasonable notice, the owners of that parcel refuse or neglect to prevent the ingress of pests to their property or to exterminate pests on their property. The municipality may collect, from the owners of the underlying parcel, the reasonable removal cost.
(b) The municipality's removal cost under this Section is a lien upon the underlying parcel in accordance with Section 11-20-15.
(c) For the purpose of this Section: "Pests" means undesirable arthropods (including certain insects, spiders, mites, ticks, and related organisms), wood infesting organisms, rats, mice, and other obnoxious undesirable animals, but does not include a feral cat, a "companion animal" as that term is defined in the Humane Care for Animals Act (510 ILCS 70/), "animals" as that term is defined in the Illinois Diseased Animals Act (510 ILCS 50/), or animals protected by the Wildlife Code (520 ILCS 5/).
"Pest-control activity" means the extermination of pests or the prevention of the ingress of pests. "Removal cost" means the total cost of the pest-control activity.
(d) In the case of an abandoned residential property as defined in Section 11-20-15.1, the municipality may elect to obtain a lien for the removal cost pursuant to Section 11-20-15.1, in which case the provisions of Section 11-20-15.1 shall be the exclusive remedy for the removal cost. The provisions of this subsection (d), other than this sentence, are inoperative upon certification by the Secretary of the Illinois Department of Financial and Professional Regulation, after consultation with the United States Department of Housing and Urban Development, that the Mortgage Electronic Registration System program is effectively registering substantially all mortgaged residential properties located in the State of Illinois, is available for access by all municipalities located in the State of Illinois without charge to them, and such registration includes the telephone number for the mortgage servicer. (Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10.)
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(65 ILCS 5/11-20-9) (from Ch. 24, par. 11-20-9)
Sec. 11-20-9.
The corporate authorities of each municipality may regulate
and prohibit the running at large of horses, asses, mules, cattle, swine,
sheep, goats, geese, and dogs, and may impose a tax on dogs.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-20-10) (from Ch. 24, par. 11-20-10)
Sec. 11-20-10.
The corporate authorities of each municipality may regulate
the construction, repair, and use of cesspools, cisterns, hydrants, pumps,
culverts, drains, and sewers and may regulate the covering or sealing of
wells or cisterns.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-20-10.5)
Sec. 11-20-10.5. Boil order; notification of certified local public health department required. If a municipality, or any department or agency of the municipality, issues a boil order, then the municipality must notify any certified local public health department that serves an area subject to the boil order as soon as is practical, but no later than 2 hours after issuing the order. In addition to the initial notice, the municipality must provide, to any affected certified local public health department, a written notification within 24 hours after issuing the boil order. The written notification must include the estimated duration of the order or warning and the geographic area covered by the order or warning.
(Source: P.A. 93-1020, eff. 8-24-04.) |
(65 ILCS 5/11-20-11) (from Ch. 24, par. 11-20-11)
Sec. 11-20-11.
The corporate authorities of each municipality may adopt
reasonable regulations for the control and eradication of a fungus disease
of elms caused by Graphium ulmi, commonly known as Dutch elm disease or elm
blight, and of other plant diseases.
(Source: Laws 1965, p. 3168.)
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(65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
Sec. 11-20-12. Removal of infected trees. (a) The corporate authorities of each municipality may provide for the treatment or
removal of elm trees infected with Dutch elm disease or ash trees infected with the emerald ash borer (Agrilus planipennis Fairmaire) from any parcel of private property within the municipality if the owners of that parcel, after reasonable notice, refuse or neglect to treat or remove the infected trees. The municipality may collect, from the owners of the parcel, the reasonable removal cost. (b) The municipality's removal cost under this Section is a lien upon the underlying parcel in accordance with Section 11-20-15. (c) For the purpose of this Section, "removal cost" means the total cost of the removal of the infected trees. "Treatment" means the administration, by environmentally sensitive processes and methods, of products and materials proven by academic research to protect elm and ash trees from an invasive disease in order to prevent or reverse the damage and preserve the trees.
(d) In the case of an abandoned residential property as defined in Section 11-20-15.1, the municipality may elect to obtain a lien for the removal cost pursuant to Section 11-20-15.1, in which case the provisions of Section 11-20-15.1 shall be the exclusive remedy for the removal cost. The provisions of this subsection (d), other than this sentence, are inoperative upon certification by the Secretary of the Illinois Department of Financial and Professional Regulation, after consultation with the United States Department of Housing and Urban Development, that the Mortgage Electronic Registration System program is effectively registering substantially all mortgaged residential properties located in the State of Illinois, is available for access by all municipalities located in the State of Illinois without charge to them, and such registration includes the telephone number for the mortgage servicer. (Source: P.A. 98-90, eff. 7-15-13.)
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(65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
Sec. 11-20-13. Removal of garbage, debris, and graffiti. (a) The corporate authorities of each municipality may provide for the
removal of garbage, debris, and graffiti from any parcel of private property within the municipality if
the owner of that parcel, after reasonable notice, refuses or neglects to remove the
garbage, debris, and graffiti. The municipality may collect, from the owner of the parcel,
the reasonable removal cost. (b) The municipality's removal cost under this Section is a lien upon the underlying parcel in accordance with Section 11-20-15.
(c) This amendatory Act of 1973 does not apply to any municipality which is
a home rule unit.
(d) For the purpose of this Section, "removal cost" means the total cost of the removal of garbage and debris. The term "removal cost" does not include any cost associated with the removal of graffiti. (e) In the case of an abandoned residential property as defined in Section 11-20-15.1, the municipality may elect to obtain a lien for the removal cost pursuant to Section 11-20-15.1, in which case the provisions of Section 11-20-15.1 shall be the exclusive remedy for the removal cost. The provisions of this subsection (e), other than this sentence, are inoperative upon certification by the Secretary of the Illinois Department of Financial and Professional Regulation, after consultation with the United States Department of Housing and Urban Development, that the Mortgage Electronic Registration System program is effectively registering substantially all mortgaged residential properties located in the State of Illinois, is available for access by all municipalities located in the State of Illinois without charge to them, and such registration includes the telephone number for the mortgage servicer. (Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10.)
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(65 ILCS 5/11-20-14) Sec. 11-20-14. Companion dogs; restaurants. Notwithstanding any other prohibition to the contrary, a municipality with a population of 1,000,000 or more may, by ordinance, authorize the presence of companion dogs in outdoor areas of restaurants where food is served, if the ordinance provides for adequate controls to ensure compliance with the Illinois Food, Drug, and Cosmetic Act, the Food Handling Regulation Enforcement Act, the Sanitary Food Preparation Act, and any other applicable statutes and ordinances. An ordinance enacted under this Section shall provide that: (i) no companion dog shall be present in the interior of any restaurant or in any area where food is prepared; and (ii) the restaurant shall have the right to refuse to serve the owner of a companion dog if the owner fails to exercise reasonable control over the companion dog or the companion dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant, including, but not limited to, violations and potential violations of any applicable health code or other statute or ordinance. An ordinance enacted under this Section may also provide for a permitting process to authorize individual restaurants to permit dogs as provided in this Section and to charge applicants and authorized restaurants a reasonable permit fee as the ordinance may establish. For the purposes of this Section, "companion dog" means a dog other than a service dog assisting a person with a disability.
(Source: P.A. 99-143, eff. 7-27-15.) |
(65 ILCS 5/11-20-15) Sec. 11-20-15. Lien for removal costs. (a) If the municipality incurs a removal cost under Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any underlying parcel, then that cost is a lien upon that underlying parcel. This lien is superior to all other liens and encumbrances, except tax liens and as otherwise provided in subsection (c)
of this Section. (b) To perfect a lien under this Section, the municipality must, within one year after the removal cost is incurred, file notice of lien in the office of the recorder in the county in which the underlying parcel is located or, if the underlying parcel is registered under the Torrens system, in the office of the Registrar of Titles of that county. The notice must consist of a sworn statement setting out: (1) a description of the underlying parcel that | ||
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(2) the amount of the removal cost; and (3) the date or dates when the removal cost was | ||
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If, for any one parcel, the municipality engaged in any removal activity on more than one occasion during the course of one year, then the municipality may combine any or all of the costs of each of those activities into a single notice of lien. (c) A lien under this Section is not valid as to: (i) any purchaser whose rights in and to the underlying parcel arose after the removal activity but before the filing of the notice of lien; or (ii) any mortgagee, judgment creditor, or other lienor whose rights in and to the underlying parcel arose before the filing of the notice of lien. (d) The removal cost is not a lien on the underlying parcel unless a notice is personally served on, or sent by certified mail to, the person to whom was sent the tax bill for the general taxes on the property for the taxable year immediately preceding the removal activities. The notice must be delivered or sent after the removal activities have been performed, and it must: (i) state the substance of this Section and the substance of any ordinance of the municipality implementing this Section; (ii) identify the underlying parcel, by common description; and (iii) describe the removal activity. (e) A lien under this Section may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. An action to foreclose a lien under this Section must be commenced within 2 years after the date of filing notice of lien. (f) Any person who performs a removal activity by the authority of the municipality may, in his or her own name, file a lien and foreclose on that lien in the same manner as a municipality under this Section. (g) A failure to file a foreclosure action does not, in any way, affect the validity of the lien against the underlying parcel. (h) Upon payment of the lien cost by the owner of the underlying parcel after notice of lien has been filed, the municipality (or its agent under subsection (f)) shall release the lien, and the release may be filed of record by the owner at his or her sole expense as in the case of filing notice of lien. (i) For the purposes of this Section: "Lien cost" means the removal cost and the filing costs for any notice of lien under subsection (b). "Removal activity" means any activity for which a removal cost was incurred. "Removal cost" means a removal cost as defined under Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13. "Underlying parcel" means a parcel of private property upon which a removal activity was performed. "Year" means a 365-day period. (j) This Section applies only to liens filed after August 14, 2009 (the effective date of Public Act 96-462).
(k) This Section shall not apply to a lien filed pursuant to Section 11-20-15.1. (Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10; 96-1000, eff. 7-2-10.) |
(65 ILCS 5/11-20-15.1)
Sec. 11-20-15.1. Lien for costs of removal, securing, and enclosing on abandoned residential property. (a) If the municipality elects to incur a removal cost pursuant to subsection (d) of Section 11-20-7, subsection (d) of Section 11-20-8, subsection (d) of Section 11-20-12, or subsection (e) of Section 11-20-13, or a securing or enclosing cost pursuant to Section 11-31-1.01 with respect to an abandoned residential property, then that cost is a lien upon the underlying parcel of that abandoned residential property. This lien is superior to all other liens and encumbrances, except tax liens and as otherwise provided in this Section. (b) To perfect a lien under this Section, the municipality must, within one year after the cost is incurred for the activity, file notice of the lien in the office of the recorder in the county in which the abandoned residential property is located or, if the abandoned residential property is registered under the Torrens system, in the office of the Registrar of Titles of that county, a sworn statement setting out: (1) a description of the abandoned residential | ||
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(2) the amount of the cost of the activity; (3) the date or dates when the cost for the activity | ||
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(4) a statement that the lien has been filed pursuant | ||
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If, for any abandoned residential property, the municipality engaged in any activity on more than one occasion during the course of one year, then the municipality may combine any or all of the costs of each of those activities into a single notice of lien. (c) To enforce a lien pursuant to this Section, the municipality must maintain contemporaneous records that include, at a minimum: (i) a dated statement of finding by the municipality that the property for which the work is to be performed has become abandoned residential property, which shall include (1) the date when the property was first known or observed to be unoccupied by any lawful occupant or occupants, (2) a description of the actions taken by the municipality to contact the legal owner or owners of the property identified on the recorded mortgage, or, if known, any agent of the owner or owners, including the dates such actions were taken, and (3) a statement that no contacts were made with the legal owner or owners or their agents as a result of such actions, (ii) a dated certification by an authorized official of the municipality of the necessity and specific nature of the work to be performed, (iii) a copy of the agreement with the person or entity performing the work that includes the legal name of the person or entity, the rate or rates to be charged for performing the work, and an estimate of the total cost of the work to be performed, (iv) detailed invoices and payment vouchers for all payments made by the municipality for such work, and (v) a statement as to whether the work was engaged through a competitive bidding process, and if so, a copy of all proposals submitted by the bidders for such work. (d) A lien under this Section shall be enforceable exclusively at the hearing for confirmation of sale of the abandoned residential property that is held pursuant to subsection (b) of Section 15-1508 of the Code of Civil Procedure and shall be limited to a claim of interest in the proceeds of the sale and subject to the requirements of this Section. Any mortgagee who holds a mortgage on the property, or any beneficiary or trustee who holds a deed of trust on the property, may contest the lien or the amount of the lien at any time during the foreclosure proceeding upon motion and notice in accordance with court rules applicable to motions generally. Grounds for forfeiture of the lien or the superior status of the lien granted by subsection (a) of this Section shall include, but not be limited to, a finding by the court that: (i) the municipality has not complied with subsection (b) or (c) of this Section, (ii) the scope of the work was not reasonable under the circumstances, (iii) the work exceeded the authorization for the work to be performed under subsection (a) of Section 11-20-7, subsection (a) of Section 11-20-8, subsection (a) of Section 11-20-12, subsection (a) of Section 11-20-13, or subsection (a) of Section 11-31-1.01, as applicable, or (iv) the cost of the services rendered or materials provided was not commercially reasonable. Forfeiture of the superior status of the lien otherwise granted by this Section shall not constitute a forfeiture of the lien as a subordinate lien. (e) Upon payment of the amount of a lien filed under this Section by the mortgagee, servicer, owner, or any other person, the municipality shall release the lien, and the release may be filed of record by the person making such payment at the person's sole expense as in the case of filing notice of lien. (f) Notwithstanding any other provision of this Section, a municipality may not file a lien pursuant to this Section for activities performed pursuant to Section 11-20-7, Section 11-20-8, Section 11-20-12, Section 11-20-13, or Section 11-31-1.01, if: (i) the mortgagee or servicer of the abandoned residential property has provided notice to the municipality that the mortgagee or servicer has performed or will perform the remedial actions specified in the notice that the municipality otherwise might perform pursuant to subsection (d) of Section 11-20-7, subsection (d) of Section 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of Section 11-20-13, or Section 11-31-1.01, provided that the remedial actions specified in the notice have been performed or are performed or initiated in good faith within 30 days of such notice; or (ii) the municipality has provided notice to the mortgagee or servicer of a problem with the property requiring the remedial actions specified in the notice that the municipality otherwise would perform pursuant to subsection (d) of Section 11-20-7, subsection (d) of Section 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of Section 11-20-13, or Section 11-31-1.01, and the mortgagee or servicer has performed or performs or initiates in good faith the remedial actions specified in the notice within 30 days of such notice. (g) This Section and subsection (d) of Section 11-20-7, subsection (d) of Section 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of Section 11-20-13, or Section 11-31-1.01 shall apply only to activities performed, costs incurred, and liens filed after the effective date of this amendatory Act of the 96th General Assembly. (h) For the purposes of this Section and subsection (d) of Section 11-20-7, subsection (d) of Section 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of Section 11-20-13, or Section 11-31-1.01: "Abandoned residential property" means any type of permanent residential dwelling unit, including detached single family structures, and townhouses, condominium units and multifamily rental apartments covering the entire property, and manufactured homes treated under Illinois law as real estate and not as personal property, that has been unoccupied by any lawful occupant or occupants for at least 90 days, and for which after such 90 day period, the municipality has made good faith efforts to contact the legal owner or owners of the property identified on the recorded mortgage, or, if known, any agent of the owner or owners, and no contact has been made. A property for which the municipality has been given notice of the order of confirmation of sale pursuant to subsection (b-10) of Section 15-1508 of the Code of Civil Procedure shall not be deemed to be an abandoned residential property for the purposes of subsection (d) of Section 11-20-7, subsection (d) of Section 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of Section 11-20-13, and Section 11-31-1.01 of this Code. "MERS program" means the nationwide Mortgage Electronic Registration System approved by Fannie Mae, Freddie Mac, and Ginnie Mae that has been created by the mortgage banking industry with the mission of registering every mortgage loan in the United States to lawfully make information concerning each residential mortgage loan and the property securing it available by Internet access to mortgage originators, servicers, warehouse lenders, wholesale lenders, retail lenders, document custodians, settlement agents, title companies, insurers, investors, county recorders, units of local government, and consumers. (i) Any entity or person who performs a removal, securing, or enclosing activity pursuant to the authority of a municipality under subsection (d) of Section 11-20-7, subsection (d) of Section 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of Section 11-20-13, or Section 11-31-1.01, may, in its, his, or her own name, file a lien pursuant to subsection (b) of this Section and appear in a foreclosure action on that lien pursuant to subsection (d) of this Section in the place of the municipality, provided that the municipality shall remain subject to subsection (c) of this Section, and such party shall be subject to all of the provisions in this Section as if such party were the municipality. (i-5) All amounts received by the municipality for costs incurred pursuant to this Section
for which the municipality has been reimbursed under Section 7.31 of the Illinois Housing Development Act
shall be remitted to the State Treasurer for deposit into the Abandoned Residential Property
Municipality Relief Fund. (j) If prior to subsection (d) of Section 11-20-7, subsection (d) of Section 11-20-8, subsection (d) of Section 11-20-12, and subsection (e) of Section 11-20-13 becoming inoperative a lien is filed pursuant to any of those subsections, then the lien shall remain in full force and effect after the subsections have become inoperative, subject to all of the provisions of this Section. If prior to the repeal of Section 11-31-1.01 a lien is filed pursuant to Section 11-31-1.01, then the lien shall remain in full force and effect after the repeal of Section 11-31-1.01, subject to all of the provisions of this Section.
(Source: P.A. 96-856, eff. 3-1-10; 96-1419, eff. 10-1-10.) |
(65 ILCS 5/11-20-16) Sec. 11-20-16. Retail food establishments. (a) A municipality in a county having a population of 2,000,000 or more inhabitants must regulate and inspect retail food establishments in the municipality. A municipality must regulate and inspect retail food establishments in accordance with applicable federal and State laws pertaining to the operation of retail food establishments including but not limited to the Illinois Food Handling Regulation Enforcement Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary Food Preparation Act, the regulations of the Illinois Department of Public Health, and local ordinances and regulations. This subsection shall not apply to a municipality that is served by a certified local health department other than a county certified local health department. A home rule unit may not regulate retail food establishments in a less restrictive manner than as provided in this Section. This Section is a limitation of home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. (b) A municipality may enter into an intergovernmental agreement with a county that provides for the county's certified local health department to perform any or all inspection functions for the municipality. The municipality must pay the county's reasonable costs. A municipality may enter into an intergovernmental agreement with a local health district, as defined in Section 11 of the Public Health District Act and that serves the entire municipality, to regulate and inspect retail food establishments for the municipality. An intergovernmental agreement shall not preclude a municipality or local health district from continuing to license retail food establishments within its jurisdiction. (b-5) Notwithstanding subsections (a) and (b) of this Section, a retail food establishment that presents a low relative risk of causing foodborne illness according to the criteria set forth in 77 Ill. Adm. Code Part 615 and is located in a municipality having a population of 2,000,000 or more shall either (1) receive one inspection every 2 years; or (2) if required by the local health department, submit one self-inspection report every 2 years. A local health department under this subsection must develop the self-inspection form and an evaluation and enforcement plan for the self-inspection program and submit the form and plan to the Department of Public Health for approval before they may be used. The evaluation plan must provide for oversight and evaluation of the self-inspection program. The Department of Public Health may adopt rules setting standards for local health departments' evaluation and enforcement plans. The Department of Public Health and a local health department under this Section may adopt rules to enforce this Section, including the imposition of civil money penalties and administrative penalties. (c) For the purpose of this Section, "retail food establishment" includes a food service establishment, a temporary food service establishment, and a retail food store as defined in the Food Service Sanitation Code, 77 Ill. Adm. Code Part 750, and the Retail Food Store Sanitation Code, 77 Ill. Adm. Code Part 760.
(Source: P.A. 98-193, eff. 8-6-13; 99-458, eff. 8-24-15.) |
(65 ILCS 5/Art. 11 Div. 21 heading) DIVISION 21.
PUBLIC COMFORT STATIONS
IN MUNICIPALITIES OF LESS THAN 100,000
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(65 ILCS 5/11-21-1) (from Ch. 24, par. 11-21-1)
Sec. 11-21-1.
The corporate authorities of every municipality with a
population of less than 100,000 may provide for the establishment,
equipment, and maintenance of public comfort stations.
(Source: Laws 1967, p. 555.)
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(65 ILCS 5/11-21-2) (from Ch. 24, par. 11-21-2)
Sec. 11-21-2.
"Public comfort station" means an institution where waiting
rooms, rest rooms, toilet rooms for men and women, lavatories, check rooms,
drinking water, and similar facilities are freely available for the
convenience of the public. In addition, it may contain living quarters for
attendants.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-21-3) (from Ch. 24, par. 11-21-3)
Sec. 11-21-3.
In establishing, equipping, and maintaining public comfort
stations the municipality specified in Section 11-21-1 may construct,
purchase, lease, or accept donations of ground sites, buildings, rooms, and
the necessary equipment, and may employ necessary attendants.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-21-4) (from Ch. 24, par. 11-21-4)
Sec. 11-21-4.
A tax of not to exceed .0333% of the value, as equalized
or assessed by the Department of Revenue,
on the assessed value of all taxable property within each municipality,
which has established a public comfort station, shall be assessed, levied,
and collected by the municipality in the manner provided for the
assessment, levy, and collection of other taxes for corporate purposes.
The tax authorized by this Section is in addition to taxes for general
corporate purposes authorized by Section 8-3-1. The proceeds of this tax
shall be kept in a separate fund and shall be used for the establishment,
equipment, and maintenance of public comfort stations and for no other purpose.
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. 86-280; 86-1028.)
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(65 ILCS 5/Art 11 Div 21.5 heading) DIVISION 21.5.
LOCAL EMERGENCY ENERGY PLANS
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(65 ILCS 5/11-21.5-5)
Sec. 11-21.5-5.
Local emergency energy plans.
(a) Any municipality, including a home rule municipality, may, by ordinance,
require any electric utility (i) that serves more than 1,000,000 customers in
Illinois and (ii) that is operating within the corporate limits of the
municipality to adopt and to provide the municipality with a local emergency
energy plan. For the purposes of this Section, (i) "local emergency energy
plan" or "plan" means a planned course of action developed by the electric
utility that is implemented when the demand for electricity exceeds, or is at
significant risk of exceeding, the supply of electricity
available to the electric utility and (ii) "local emergency energy plan
ordinance" means an ordinance adopted by the corporate authorities of the
municipality under this Section that requires local emergency energy plans.
(b) A local emergency energy plan must include the following information:
(1) the circumstances that would require the | ||
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(2) the levels or stages of the plan;
(3) the approximate geographic limits of each outage | ||
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(4) the approximate number of customers within each | ||
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(5) any police facilities, fire stations, hospitals, | ||
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(6) the anticipated sequence and duration of | ||
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(c) A local emergency energy plan ordinance may require that, when an
electric utility determines it is necessary to implement a controlled rotating
interruption of electric service because the demand for electricity exceeds,
or is at significant risk of exceeding, the supply of electricity available
to the electric utility, the electric utility notify a designated municipal
officer that the electric utility will be implementing its local emergency
energy plan. The notification shall be made pursuant to a procedure approved
by the municipality after consultation with the electric utility.
(d) After providing the notice required in subsection (c), an electric
utility shall reasonably and separately advise designated municipal officials
before it implements each level or stage of the plan, which shall include (i)
a request for emergency help from neighboring utilities, (ii) a declaration of
a control area emergency, and (iii) a public appeal for voluntary curtailment
of electricity use.
(e) The electric utility must give a separate notice to a designated
municipal official immediately after it determines that there will be a
controlled rotating interruption of electric service under the local emergency
energy plan. The notification must include (i) the areas in which service will
be interrupted, (ii) the sequence and estimated duration of the service outage
for each area, (iii) the affected feeders, and (iv) the number of affected
customers in each area. Whenever practical, the notification shall be made at
least 2 hours before the time of the outages. If the electric utility is aware
that controlled rotating interruptions may be required, the notification may
not be made less than 30 minutes before the outages.
(f) A local emergency energy plan ordinance may provide civil penalties for
violations of its provisions. The penalties must be permitted under the
Illinois Municipal
Code.
(g) The notifications required by this Section are in addition to the
notification requirements of any applicable franchise agreement or ordinance
and to the notification requirements of any applicable federal or State law,
rule, and regulation.
(h) Except for any penalties or remedies that may be provided in a local
emergency energy plan ordinance, in this Act, or in rules adopted by the
Illinois Commerce Commission, nothing in this Section shall be construed to
impose liability for or prevent a utility from taking any actions that are
necessary at any time, in any order, and with or without notice that are
required to preserve the integrity of the electric utility's electrical system
and interconnected network.
(i) Nothing in this Section, a local emergency energy plan ordinance, or a
local emergency energy plan creates any duty of a municipality to any person or
entity. No municipality may be subject to any claim or cause of action
arising, directly or indirectly, from its decision to adopt or to refrain from
adopting a local emergency energy plan ordinance. No municipality may be
subject to any claim or cause of action arising, directly or indirectly, from
any act or omission under the terms of or information provided in a local
emergency energy plan filed under a local emergency energy plan ordinance.
(Source: P.A. 92-651, eff. 7-11-02; 93-293, eff. 7-22-03.)
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(65 ILCS 5/Art 11 prec Div 22 heading)
HOSPITALS AND SANITARIUMS
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(65 ILCS 5/Art. 11 Div. 22 heading) DIVISION 22.
GENERAL POWERS OVER HOSPITALS,
SANITARIUMS AND UNDERTAKING PARLORS
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(65 ILCS 5/11-22-1) (from Ch. 24, par. 11-22-1)
Sec. 11-22-1. The corporate authorities of each municipality may erect,
establish, and maintain hospitals, nursing homes and
medical dispensaries, all on a nonprofit basis, and
may locate and regulate hospitals, medical dispensaries, sanitariums, and
undertaking establishments; provided that the corporate authorities of any
municipality shall not regulate any pharmacy or drugstore registered under
the Pharmacy Practice Act. Any hospital maintained under this
Section is authorized to provide any service and enter into any contract or
other arrangement not prohibited by a hospital licensed under the Hospital
Licensing Act, incorporated under the General Not-For-Profit Corporation
Act, and exempt from taxation under paragraph (3) of subsection (c) of
Section 501 of the Internal Revenue Code.
For purposes of erecting, establishing and maintaining a nursing home
on a nonprofit basis pursuant to this Section, the corporate authorities of
each municipality shall have the power to borrow money; execute a
promissory note or notes, execute a mortgage or trust deed to secure
payment of such notes or deeds, or execute such other security instrument
or document as needed, and pledge real and personal nursing home property
as security for any such promissory note, mortgage or trust deed; and issue
revenue or general obligation bonds.
(Source: P.A. 95-689, eff. 10-29-07.)
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(65 ILCS 5/11-22-2) (from Ch. 24, par. 11-22-2)
Sec. 11-22-2.
In the event any municipality has established a public
hospital in accordance with the provisions of this Division 22 and in the
further event the corporate authorities shall determine that the hospital
is no longer needed for the purposes for which it was established, or that
those purposes would be better served through the operation of the hospital by
a corporation, hospital, health care facility, unit of local government or
institution of higher education, the corporate authorities may by ordinance
authorize
the transfer, sale or lease of the hospital to such corporation, hospital,
health care facility, unit of local government or institution of higher
education within or without the corporate limits of the municipality, or
may authorize the sale or lease of the hospital to any mental health clinic
which obtains any portion of its funds from the Department of Human
Services (as successor to the Department of Mental Health and Developmental
Disabilities). Such transfer, sale or lease may be on such
terms and under such conditions as the corporate authorities may deem
proper without regard to any provisions of Division 9 or 10 of Article 8 or
Divisions 75, 76, 77 and 78 of this Article 11. At least 10 days prior to
the adoption of an ordinance under this Section, the corporate authorities
shall make the proposed ordinance conveniently available for public
inspection and shall hold at least one public hearing thereon. Notice of
this hearing shall be published in one or more newspapers published
in the municipality, or if there is none published in the municipality, in
a newspaper having general circulation in the municipality, at least 10
days prior to the time of the public hearing. Such notice shall state the
time and place of the hearing and the place where copies of the proposed
ordinance will be accessible for examination.
In the event that prior to the sale or lease of the hospital pursuant
to this Section, a labor organization has been recognized by the hospital
as the exclusive representative of the majority of employees in a
bargaining unit for purposes of collective bargaining, and in the further
event that a purchaser or lessor subject to the National Labor Relations
Act retains or hires a majority of the employees in such a bargaining unit,
such purchaser or lessor shall recognize the labor organization as the
exclusive representative of the majority of employees in that bargaining
unit for purposes of collective bargaining, provided that the labor
organization makes a timely written assertion of its representational
capacity to the purchaser or lessor.
(Source: P.A. 89-507, eff. 7-1-97.)
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(65 ILCS 5/Art. 11 Div. 23 heading) DIVISION 23.
HOSPITALS IN CITIES OF LESS THAN 100,000
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(65 ILCS 5/11-23-1) (from Ch. 24, par. 11-23-1)
Sec. 11-23-1.
Whenever at least 100 electors of a city with a population of less
than 100,000 present a petition to the city clerk of the city asking
that an annual tax, not to exceed .06% of the value, as equalized or
assessed by the Department of Revenue, be levied each
year on all taxable property of the city for the establishment and
maintenance of a public hospital, or for the purchase and maintenance of
an existing nonsectarian public hospital, within the city, the city clerk
shall certify the proposition for submission at an election in accordance
with the general
election law. The proposition shall be in substantially the following form: "Shall a
....% tax, for establishing and maintaining (or for purchasing and
maintaining) a public hospital be levied against the taxable property of
the city of ....?" and shall specify the rate
of taxation mentioned in the petition. If a majority of all votes cast
on the proposition are in favor of the proposition, the tax specified in
the notice shall be levied and collected annually in the same manner as
are other general taxes in the city, and shall be known as the hospital
fund. However, municipalities authorized to levy this tax on July 1,
1967, shall have a rate limit of .06%, or the limit in effect on July 1,
1967, whichever is greater. Thereafter, the city council shall include
an appropriation in the annual appropriation ordinance of such sums of
money as may be necessary to defray all necessary expenses and
liabilities of the hospital. This annual hospital tax shall be in
addition to the amount authorized to be levied for general purposes
under Section 8-3-1 and shall be exclusive thereof and not included
within any limitation of rate or amount for other municipal purposes.
The foregoing limitations upon tax rates may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1489; 81-1509.)
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(65 ILCS 5/11-23-2) (from Ch. 24, par. 11-23-2)
Sec. 11-23-2.
In case an annual hospital tax has been levied and
collected under this Division 23 for 3 or more consecutive years, and
the city has not established or maintained, or purchased and maintained,
a hospital in accordance with this Division 23, the mayor of the city,
with the approval of the city council, may authorize the payment of all
funds in the city treasury derived from that tax, to any nonsectarian
public hospital within or without the corporate limits of the city
maintained for the use and benefit of the inhabitants of the city who
are sick or are injured or maimed. These funds, when so turned over to
such a hospital, shall be used solely for its maintenance under the sole
control of the management of the hospital. Thereafter, funds derived
from this annual hospital tax shall be turned over to that hospital as
soon as received by the city, until the city council shall provide
otherwise by an ordinance approved by a majority of the electors voting
thereon at any election. The city council may order
such ordinance certified by the clerk and submitted by the proper election
authority to the voters at any election in accordance with the general election law.
The management of such a hospital shall submit to the city council a
semi-annual report of the expenditure of such funds as have been
received from the city from the hospital tax.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-23-3) (from Ch. 24, par. 11-23-3)
Sec. 11-23-3.
In the event any municipality has
established a city public
hospital in accordance with the provisions of Section 11-23-1 and in the
further event the corporate authorities shall
determine that the hospital
is no longer needed for the purposes for which it was established or that
those purposes would be better served through the operation of the city
hospital by a corporation, hospital, health care
facility, unit of local government or institution of higher education, the
corporate authorities by ordinance may authorize the
transfer, sale or lease of the hospital to such corporation, hospital,
health care facility, unit of local government or institution of higher
education within or without
the corporate limits of the city, or may authorize the sale or lease of the
hospital to any mental health clinic which obtains any portion of its funds
from the Department of Human Services (as successor to the Department of
Mental Health and Developmental Disabilities). Such
transfer, sale or lease may be on such terms and under such conditions as
the corporate authorities may deem proper without
regard to any provisions of
Division 9 of Article 8 or Divisions 75, 76, 77 and 78 of this Article 11.
At least 10 days prior to the adoption of an ordinance under this
Section the corporate authorities shall make the proposed ordinance
conveniently available for public inspection and shall hold at least one
public hearing thereon. Notice of this hearing shall be published in one
or more newspapers published in the municipality, or if there is none
published in the municipality, in a newspaper having general circulation in
the municipality, at least 10 days prior to the time of the public hearing.
Such notice shall state the time and place of the hearing and the place
where copies of the proposed ordinance will be accessible for examination.
If a city public hospital is transferred, sold or leased as authorized
by this section and if no bonds issued under the provisions of Section
11-23-6 or Section 11-23-13 are outstanding, the city council may transfer
any excess funds remaining in the Hospital Fund to the general fund of the
city to be expended for capital expenditures only and not for operating
expenses of the city.
In the event that prior to the sale or lease of the hospital pursuant
to this Section, a labor organization has been recognized by the hospital
as the exclusive representative of the majority of employees in a
bargaining unit for purposes of collective bargaining, and in the further
event that a purchaser or lessor subject to the National Labor Relations
Act retains or hires a majority of the employees in such a bargaining unit,
such purchaser or lessor shall recognize the labor organization as the
exclusive representative of the majority of employees in that bargaining
unit for purposes of collective bargaining, provided that the labor
organization makes a timely written assertion of its representational
capacity to the purchaser or lessor.
(Source: P.A. 89-507, eff. 7-1-97.)
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(65 ILCS 5/11-23-4) (from Ch. 24, par. 11-23-4)
Sec. 11-23-4.
When such a city council has decided to establish and
maintain, or to purchase and maintain, a public hospital under this
Division 23, the mayor, with the approval of the city council, shall
appoint a board of 3 directors for the hospital.
One of the directors shall hold office for one year, one for 2 years,
and one for 3 years, from the first day of July following their
appointments. At their first regular meeting the directors shall cast lots
for the respective terms. Before the first day of July each year
thereafter, the mayor, with the approval of the city council, shall appoint
one director to take the place of the retiring director, who shall hold
office for 3 years, and until his successor is appointed.
The city council may, by resolution, increase the membership of the
board to 5 directors. Such resolution shall not affect the terms of the
incumbent directors. Before the first day of July following the adoption of
such resolution the mayor with the approval of the city council, shall
appoint 3 directors, one to succeed the incumbent whose term expires and
the 2 additional provided for in the resolution, for terms of 3, 4 and 5
years from July 1 of the year of the appointment. Thereafter, upon the
expiration of the term of any director his successor shall be appointed for
a term of 5 years and until his successor is appointed for a like term.
If the city council has, by previous resolution, increased the
membership of the board to 5 directors, the city council may by new
resolution increase the membership of the board by 2 new members in any one
year up to a maximum of 11 directors. Such new resolution shall not affect
the terms of incumbent directors. Before the first day of July following
the adoption of the new resolution the mayor with the approval of the city
council shall appoint a sufficient number of directors so that there will
be a successor for the full term of each incumbent whose term expires, and
the 2 additional provided for in the resolution for terms of 4 and 5 years
from July 1 of the year of appointment. Thereafter, upon the expiration of
the term of any director, his successor shall be appointed for a term of 5
years and until his successor is appointed and qualified for a like term.
The mayor, with the consent of the city council, may remove any director
for misconduct or neglect of duty. Vacancies in the board of directors,
however occasioned, shall be filled for the unexpired term in like manner
as original appointments. No director shall receive compensation for
serving as a director. No director shall be interested, either directly or
indirectly, in the purchase or sale of any supplies for the hospital.
(Source: P.A. 97-813, eff. 7-13-12.)
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(65 ILCS 5/11-23-5) (from Ch. 24, par. 11-23-5)
Sec. 11-23-5.
Immediately after their appointment the directors shall meet
to organize by the election of one of their number president and one as
secretary and by the election of such other officers as they may deem
necessary. They shall adopt such by-laws, rules, and regulations for their
own guidance and for the government of the hospital as may be expedient and
not inconsistent with ordinances of the city. They have the exclusive
control of the expenditure of all money collected to the credit of the
hospital fund. All money received for the hospital shall be deposited in
the city treasury to the credit of the hospital fund, and drawn upon by the
proper city officers upon the proper authenticated vouchers of the hospital
board. The board has the power to purchase or lease ground and to occupy,
lease, or erect appropriate buildings for the use of the hospital. It has
the exclusive control of the supervision, care, and custody of the grounds,
leases, and buildings constructed, leased, or set apart for that purpose.
The board has the power to appoint a suitable superintendent or matron, or
both, and necessary assistants, to fix their compensation and to remove
such appointees. The board in general shall carry out the spirit and intent
of this Division 23 in establishing and maintaining or in purchasing and
maintaining a public hospital. The board is authorized to approve the
provision of any service and to approve any contract or other arrangement
not prohibited by a hospital licensed under the Hospital Licensing Act,
incorporated under the General Not-For-Profit Corporation Act, and exempt
from taxation under paragraph (3) of subsection (c) of Section 501 of the
Internal Revenue Code. One or all of the directors shall visit and
examine the hospital at least twice each month and the board shall make
monthly reports of its condition to the city council.
(Source: P.A. 86-739.)
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(65 ILCS 5/11-23-6) (from Ch. 24, par. 11-23-6)
Sec. 11-23-6.
The corporate authorities of a city specified in this
Division 23 may provide that bonds of the city be issued for the purpose
of (1) constructing and equipping a hospital building or buildings, (2)
purchasing and maintaining an existing nonsectarian public hospital
within the city's corporate limits, or of (3) reconstructing, repairing,
remodeling, and improving, or of (4) extending and equipping, an
existing hospital building or buildings now owned and operated by the
city. These bonds shall be authorized by an ordinance and shall mature
at such time, not to exceed 20 years from their date of issue, and bear
such rate of interest, 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 or semi-annually, as the corporate authorities may determine.
The ordinance providing for the issuance of these bonds shall be
submitted to the electors of the city at an election conducted in accordance
with the general election law. The proposition shall be certified by the
municipal clerk and submitted by the proper election authority. If a majority
of the votes cast on this proposition are favorable, the bonds shall be
issued for the purpose and in the amount specified in the ordinance. Prior
to July 1, 1944, however, in the event that aid is to be received from any
agency of the Federal Government in the construction of the project for
which these bonds are to be issued and a declaration of that fact is set
forth in the ordinance providing for the issuance of the bonds, the
ordinance shall become effective immediately upon passage, without
submission to the electors and notwithstanding any provision in this Code
or in any other law to the contrary. The declaration of the corporate
authorities that the project is to be paid for either in whole or in part
by a grant from a Federal agency, as set forth in the ordinance, is
conclusive. These bonds shall be signed by the president and secretary of
the hospital board and by the mayor and city clerk, or commissioner of
accounts and finance of the city, and shall be payable out of the taxes to
be collected for hospital purposes in that city.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-23-7) (from Ch. 24, par. 11-23-7)
Sec. 11-23-7.
Every hospital established or purchased under this Division
23 shall be maintained for the benefit of the inhabitants of the city in
which it is established who are sick, injured, or maimed. But every
inhabitant of that city shall pay to the hospital board, or to such officer
as it shall designate, reasonable compensation for occupancy, nursing,
care, medicines, or attendance, according to the rules and regulations
prescribed by the board. The hospital shall always be subject to such
reasonable rules and regulations as the hospital board may adopt in order
to render the use of the hospital of the greatest benefit to the greatest
number. The board may exclude from the use of the hospital all inhabitants
and persons who wilfully violate those rules and regulations. The board may
extend the privileges and use of the hospital to persons residing outside
of the city but within this state, upon such terms and conditions as the
board may prescribe by its rules and regulations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-23-8) (from Ch. 24, par. 11-23-8)
Sec. 11-23-8.
The board of directors, in the name of the city, shall
receive and collect from such inhabitants or persons the compensation
specified in Section 11-23-7 as often as once in each month. The board
shall pay over to the city treasurer all compensation received or collected
during the month, and shall take the city treasurer's receipt therefor. At
the city council's regular monthly meeting the board shall also report to
the city council the names of persons or inhabitants from whom this
compensation has been received or collected, the amount so received or
collected from each, and the date when so received or collected.
The board of directors shall make an annual report to the city council
on or before the second Monday in June, stating (1) the condition of their
trust on the first day of June of that year, (2) the various sums of money
received from the hospital fund and from other sources, (3) how that money
has been expended and for what purposes, (4) the number of patients, and
(5) such other statistics, information, and suggestions as they may deem of
general interest.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-23-9) (from Ch. 24, par. 11-23-9)
Sec. 11-23-9.
When such a hospital is so established or purchased, the
physicians, nurses, attendants, patients, all persons approaching or coming
within the limits of the hospital, and all furniture and other articles
used or brought there shall be subject to such rules and regulations as the
board of directors may prescribe.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-23-10) (from Ch. 24, par. 11-23-10)
Sec. 11-23-10.
Any person desiring to donate property for the benefit of
such a hospital may vest the title to the property so donated in the board
of directors created under this Division 23. That board or its successor
shall hold and control this property, when accepted, according to the terms
of the deed, gift or legacy of the property, and shall be a
trustee of the property.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-23-11) (from Ch. 24, par. 11-23-11)
Sec. 11-23-11.
All physicians who are recognized as legal practitioners by
the Department of Professional Regulation shall have equal privileges in
treating patients in such a hospital.
(Source: P.A. 85-1209.)
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(65 ILCS 5/11-23-12) (from Ch. 24, par. 11-23-12)
Sec. 11-23-12.
All public hospitals which were established and maintained,
or purchased and maintained, under "An Act in relation to the
establishment, purchase and maintenance of public hospitals in cities of
less than one hundred thousand inhabitants," approved June 30, 1919, as
amended, and which were being maintained immediately prior to January 1,
1942, shall be treated as properly established or purchased under this
Division 23 and may be continued to be maintained under this Division 23.
All cities whose electors have approved the levy of an annual tax for
establishing and maintaining, or purchasing and maintaining, a public
hospital under that Act may continue to levy the tax under this Division 23
without submitting the question of its levy to the electors for approval.
The directors, other officers, and employees appointed under that Act who
were in office or employed immediately prior to January 1, 1942 shall
continue in their offices and employments under this Division 23 until the
respective terms for which they were appointed have expired, subject to the
provisions of this Division 23 as to removal.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-23-13) (from Ch. 24, par. 11-23-13)
Sec. 11-23-13.
The corporate authorities of any city with a population of
less than 100,000 which has established a public hospital is authorized to
issue and sell revenue bonds payable from the revenue derived from the
operation of the hospital for the purpose of (1) reconstructing, repairing,
remodeling, or extending, or (2) equipping or improving an existing
hospital building or buildings, or any addition or extension thereto or (3)
constructing and equipping a new hospital to replace an existing hospital
and acquiring a site therefor, or (4) refunding any such revenue bonds
theretofore issued from time to time when deemed necessary or advantageous
in the public interest. These bonds shall be authorized by an ordinance
without submission thereof to the electors of the city, shall mature at
such time not to exceed 40 years from the date of issue, and bear such rate
of interest 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 or semiannually as the corporate authorities may
determine, and may be sold by the corporate authorities in such manner as
they deem best in the public interest. However, such bonds shall be sold at
such price that the interest cost of the proceeds therefrom will not exceed
7% per annum, based on the average maturity of such bonds and computed
according to standard tables of bond values.
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 5/11-23-14) (from Ch. 24, par. 11-23-14)
Sec. 11-23-14.
The corporate authorities of any such city availing itself
of the provisions of Section 11-23-13 shall adopt an ordinance describing
in a general way the building or buildings, or addition or extension
thereto, to be constructed, reconstructed, repaired, remodeled, extended,
equipped or improved. Such ordinance shall set out the estimated cost of
such construction, reconstruction, repair, remodeling, extension, equipment
or improvement and fix the amount of revenue bonds proposed to be issued,
the maturity, interest rate, and all details in respect thereof and may
contain such provisions and covenants which shall be part of the contract
between the city and the holders of such bonds as may be deemed necessary
and advisable as to the operation, maintenance, and management of the
hospital, the establishment and maintenance of sinking funds, reserve
funds, and other special funds, including construction funds, the fixing
and collecting of rents, fees and charges for the use of the facilities of
the hospital sufficient to produce revenue adequate to maintain such funds
and to pay the bonds at maturity and accruing interest thereon, the
issuance thereafter of additional bonds payable from the revenues derived
from the hospital, the kind and amount of insurance, including use and
occupancy insurance, to be carried, the cost of which shall be payable only
from the revenues derived from the hospital, and such other covenants
deemed necessary or desirable to assure the successful operation and
maintenance of the hospital and the prompt payment of the principal of and
interest upon the bonds so authorized. Revenue bonds issued under this
Division 23 shall be signed by the president and secretary of the hospital
board and by the mayor and city clerk or commissioner of accounts and
finance of the city and shall be payable from revenue derived from the
operation of the public hospital. These bonds shall not in any event
constitute an indebtedness of the city within the meaning of any
constitutional provision or limitation. It shall be plainly written or
printed on the face of each bond that the bond has been issued under the
provisions of Sections 11-23-13 and 11-23-14, that the bond, including the
interest thereon, is payable from the revenue pledged to the payment
thereof, and that it does not constitute an indebtedness or obligation of
the city within the meaning of any constitutional or statutory limitation
or provision. No holder of any such revenue bond has the right to compel
any exercise of the taxing power of the city to pay such bond or interest
thereon. This ordinance shall be published and shall take effect as
provided in Section 1-2-4.
(Source: Laws 1965, p. 847.)
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(65 ILCS 5/11-23-15) (from Ch. 24, par. 11-23-15)
Sec. 11-23-15.
Revenue bonds issued on or after March 1, 1965 under
Sections 11-23-13 and 11-23-14 may be redeemed by the municipality issuing
them on such terms, at such time, upon such notice and with or without
premium all as may be provided in the ordinance authorizing them.
Revenue bonds issued prior to March 1, 1965 under Sections 11-23-13 and
11-23-14 may be redeemed on any interest-paying date, by proceeding as
follows: (1) a written notice shall be mailed to the holder of such bond 30
days prior to an interest-paying date, notifying the holder that the bond
will be redeemed on the next interest-paying date; or (2) if the holder of
such bond is unknown, then a notice describing the bond to be redeemed and
the date of its redemption shall be published 30 days prior to an
interest-paying date in one or more newspapers published in the city, or,
if no newspaper is published therein, then in one or more newspapers having
a general circulation within the city. When notice has been mailed to the
holder of such bond, or when notice has been published in a newspaper in
case the holder of the bond is unknown, the bond shall cease bearing
interest from and after the next interest-paying date.
(Source: Laws 1965, p. 13.)
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(65 ILCS 5/Art. 11 Div. 24 heading) DIVISION 24.
IMPROVEMENT OF CERTAIN HOSPITALS
IN CITIES OF LESS THAN 100,000
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(65 ILCS 5/11-24-1) (from Ch. 24, par. 11-24-1)
Sec. 11-24-1.
The following terms, wherever used or referred to in this
Division 24, shall, unless the context otherwise requires, mean the
following:
(1) "Public hospital" means any hospital established and supported by
any city of this state having a population of less than 100,000
inhabitants.
(2) "Bonds" means bonds, interim certificates or other obligations of a
municipality issued by its governing body pursuant to this Division 24.
(3) "Public works project" means any reconstruction, improvement or
betterment of a public hospital.
(4) "To construct" means to reconstruct, to replace, to extend, to
repair, to better, to equip, to develop, to embellish or to improve a
public hospital.
(5) "Construction" means building, repairing, construction,
reconstruction, replacement, extension, betterment, equipment, development,
embellishment and improvement of a public hospital.
(6) "Federal agency" includes the United States of America, the
President of the United States of America, the Federal Emergency
Administrator of Public Works, the Reconstruction Finance Corporation, or
any agency, instrumentality or corporations owned or controlled by the
United States of America, which has heretofore been or may hereafter be
designated, created or authorized by or pursuant to any act or acts of the
Congress of the United States of America, to make loans or grants.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-24-2) (from Ch. 24, par. 11-24-2)
Sec. 11-24-2.
Every city of less than 100,000 inhabitants which has
established and is supporting a public hospital may:
(a) construct any public works project within or without the city or
partially within and partially without the city.
(b) operate and maintain any public works project.
(c) contract debts for the construction of any public works project, may
borrow money and may issue its bonds to finance all or part of such
construction. Any such city incurring any indebtedness as aforesaid, shall,
before or at the time of doing so, provide for the collection of a direct
annual tax sufficient to pay the interest on such debt as it falls due and
also to pay and discharge the principal thereof within 20 years from the
time of contracting the same.
(d) acquire by purchase, gift or grant, and may hold and dispose of any
property, real or personal, tangible or intangible, or any right or
interest in any such property in connection with any public works project.
(e) perform any acts authorized under this Division 24 through or by
means of its own officers, agents and employees or by contracts with
corporations, firms or individuals.
(f) do all acts and things necessary or convenient to carry out the
powers expressly given in this Division 24.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-24-3) (from Ch. 24, par. 11-24-3)
Sec. 11-24-3.
Except in pursuance of any contract or agreement theretofore
entered into by and between any municipality and any Federal Agency, no
city specified in Section 11-24-2 shall borrow any money or deliver any
bonds pursuant to the provisions of this Division 24 after June 30, 1937.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 25 heading) DIVISION 25.
CONTAGIOUS DISEASE HOSPITALS IN
CITIES OF 500,000 OR MORE
(Division repealed by P.A. 102-587)(Source: Repealed by P.A. 102-587, eff. 1-1-22.)
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(65 ILCS 5/Art. 11 Div. 26 heading) DIVISION 26.
MATERNITY HOSPITALS IN MUNICIPALITIES
OF 500,000 OR MORE
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(65 ILCS 5/11-26-1) (from Ch. 24, par. 11-26-1)
Sec. 11-26-1.
The corporate authorities of any municipality with a
population of 500,000 or more may establish, erect, and maintain maternity
or lying-in hospitals, dispensaries, and other auxiliary institutions
connected therewith where female inhabitants of the municipality may be
received, cared for, or treated during pregnancy or during or after
delivery, without license therefor from or regulation thereof by the State
Department of Public Health or the State Department of Public Welfare in
accordance with the Hospital Licensing Act, approved July 1, 1953, as
heretofore and hereafter amended. These hospitals, dispensaries, and
auxiliary institutions are subject to supervision by the board of health of
the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-26-2) (from Ch. 24, par. 11-26-2)
Sec. 11-26-2.
Every specified municipality which establishes such a
hospital, dispensary, or other auxiliary institution has the power to
charge to and collect from any person, who is able to pay, reasonable
compensation for occupancy, nursing, care, medicines, or attendance, and
may extend these privileges free of charge to persons who are unable to pay
for them.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-26-3) (from Ch. 24, par. 11-26-3)
Sec. 11-26-3.
Every specified municipality has the power to accept
donations of money, personal property, or real estate for the benefit of
such a hospital, dispensary, or other auxiliary institution, to be held,
when accepted, according to the terms of the deed, gift or
legacy
of the property.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-26-4) (from Ch. 24, par. 11-26-4)
Sec. 11-26-4.
Every specified municipality may issue its bonds from time
to time in anticipation of its revenue from its maternity or lying-in
hospitals, dispensaries, and other auxiliary institutions. These bonds may
be authorized by an ordinance of the corporate authorities and may be
issued in one or more series, may bear such dates, mature at such times,
not exceeding 20 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 places, be subject to such
terms of redemption, with or without premium, and be declared or become due
before the maturity date, as the ordinance may provide. These bonds may be
repurchased by the municipality out of any available funds at a price not
to exceed the principal amount thereof and accrued interest, and all bonds
so repurchased shall be cancelled. Pending the preparation or execution of
definitive bonds, interim receipts or certificates or temporary bonds may
be delivered to the purchasers or pledgees of the bonds. The bonds bearing
the signatures of officers in office on the date of the signing thereof are
valid and binding obligations notwithstanding that before the delivery
thereof and payment therefor any or all of the persons whose signatures
appear thereon have ceased to be officers. No holder of any bond issued
under this section has the right to compel any exercise of the taxing power
of the municipality to pay the bond or the interest thereon. Each bond
issued under this section shall recite in substance that the bond,
including the interest thereon, is payable from the revenue pledged to the
payment thereof and that the bond does not constitute a debt of the
municipality issuing it.
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 5/11-26-5) (from Ch. 24, par. 11-26-5)
Sec. 11-26-5.
When revenue bonds are issued under Section 11-26-4, the
entire revenue received from the operation of the specified hospitals,
dispensaries, and other auxiliary institutions shall be deposited in a
separate fund which shall be used only in paying the cost of maintenance
and operation thereof and the principal and interest of the revenue bonds
issued under Section 11-26-4.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-26-6) (from Ch. 24, par. 11-26-6)
Sec. 11-26-6.
Every specified municipality has the power to secure grants
and loans, or either, from the United States government, or any agency
thereof, for financing the establishment and construction of any hospital,
dispensary, or other auxiliary institution, or any part thereof, authorized
by Section 11-26-1. For these purposes, the municipality has the power to
issue and sell or pledge to the United States government, or any agency
thereof, all or any part of the revenue bonds authorized by Section 11-26-1
and to execute contracts and other documents and do all things that may be
required by the United States government, or any agency thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 27 heading) DIVISION 27.
CONTRIBUTIONS TO NON-SECTARIAN
HOSPITALS BY CITIES
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(65 ILCS 5/11-27-1) (from Ch. 24, par. 11-27-1)
Sec. 11-27-1.
Any city may contribute such sums of money toward erecting,
building, maintaining, and supporting any non-sectarian public hospital
located within its limits as the city council deems proper.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 28 heading) DIVISION 28.
EMINENT DOMAIN TO OBTAIN CITY
HOSPITAL SITE
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(65 ILCS 5/11-28-1) (from Ch. 24, par. 11-28-1)
Sec. 11-28-1. Whenever a city needs a lot or parcel of land as a site for a
building to be erected for any hospital established and supported by the
city, and the city cannot agree with the owners thereof upon the
compensation therefor, the city has the power to proceed to have the
compensation determined in the manner provided by law for the exercise of the right
of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/Art. 11 Div. 29 heading) DIVISION 29.
CITY AND VILLAGE TUBERCULOSIS
SANITARIUMS
(Division repealed by P.A. 102-587)(Source: Repealed by P.A. 102-587, eff. 1-1-22.)
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(65 ILCS 5/Art. 11 Div. 29.1 heading) DIVISION 29.1.
CARE OF MENTALLY DEFICIENT PERSONS
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(65 ILCS 5/11-29.1-1) (from Ch. 24, par. 11-29.1-1)
Sec. 11-29.1-1.
As used in this Division, "municipality" means any
city, village or incorporated town; and "municipal" refers to any such
municipality. Any municipality may provide facilities or services for
the benefit of its mentally deficient residents who are not eligible to
participate in any such program conducted under Article 14 of The School
Code, or may contract therefor with any privately or publicly operated
entity which provides facilities or services either in or without such
municipality.
For such purpose, the corporate authorities may levy an annual tax of
not to exceed .1% upon all of the taxable property in the municipality
at the value thereof, as equalized or assessed by the Department of
Revenue. Such tax shall be levied and collected in the
same manner as other municipal taxes, but shall not be included in any
limitation otherwise prescribed as to the rate or amount of municipal
taxes but shall be in addition thereto and in excess thereof. When
collected, such tax shall be paid into a special fund in the municipal
treasury, to be designated as the "Mentally Deficient Persons' Fund,"
and shall be used only for the purpose specified in this Section.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-29.1-2) (from Ch. 24, par. 11-29.1-2)
Sec. 11-29.1-2.
Whenever any municipality first levies the tax
authorized in Section 11-29.1-1, it shall cause the ordinance levying the
tax to be published in one or more newspapers published in the municipality
within 10 days after the levy is made. If no newspaper is published in the
municipality, the ordinance shall be published in a newspaper having
general circulation within the municipality. The publication of the
ordinance shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the tax levy be submitted to the voters of the municipality; (2) the time
within 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. Any taxpayer in such municipality may,
within 30 days after such publication, file with the municipal clerk a
petition signed by a number of the voters of the
municipality equal to 10% or more of the registered voters of the municipality
requesting the submission to a referendum of the
following proposition:
"Shall (insert name) be authorized to levy a tax for (state purpose)
in excess of the rate for other municipal purposes but not in excess of
.1%?"
The municipal clerk shall certify the proposition for submission by the
proper election authority at an election in accordance with the general
election law.
If a majority of the voters voting on the proposition vote in favor
thereof or if no petition is filed pursuant to this Section 11-29.1-2,
such tax levy shall be authorized. If a majority of the vote is against
such proposition, such tax levy shall not be authorized.
(Source: P.A. 86-1253; 87-767.)
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(65 ILCS 5/11-29.1-3) (from Ch. 24, par. 11-29.1-3)
Sec. 11-29.1-3.
When any municipality has authority to levy a tax for the
purpose of this Division 29.1, the mayor or president of such municipality
shall appoint a board of 3 directors who shall administer this Division
29.1. The original appointees shall be appointed for terms expiring,
respectively, on June 30 in the first, second and third years following
their appointment as designated by the mayor or president. All succeeding
terms shall be for 3 years and appointments shall be made in like manner.
Vacancies shall be filled in like manner for the balance of the unexpired
term. Each director shall serve until his successor is appointed. Directors
shall serve without compensation but shall be reimbursed for expenses
reasonably incurred in the performance of their duties.
(Source: Laws 1963, p. 828.)
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(65 ILCS 5/11-29.1-4) (from Ch. 24, par. 11-29.1-4)
Sec. 11-29.1-4.
The directors shall meet in July, annually, and elect one
of their number as president and one as secretary, and shall elect such
other officers as they deem necessary. They shall adopt such rules for the
administration of this Division 29.1 as may be proper and expedient. They
shall report to the mayor or president, from time to time, a detailed
statement of their administration.
(Source: Laws 1963, p. 828.)
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(65 ILCS 5/11-29.1-5) (from Ch. 24, par. 11-29.1-5)
Sec. 11-29.1-5.
The board of directors may accept any donation of property
for the purpose specified in Section 11-29.1-1, and shall pay over to the
municipal treasurer any money so received, within 30 days of the receipt
thereof.
(Source: Laws 1963, p. 828.)
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(65 ILCS 5/11-29.1-6) (from Ch. 24, par. 11-29.1-6)
Sec. 11-29.1-6.
The board of directors may impose a maintenance charge upon
the estate of any mentally deficient person receiving the benefits of the
facilities or services prescribed in Section 11-29.1-1. If the estate of
such person is insufficient, the parent or parents of such person are
liable for the payment of the amount due.
(Source: Laws 1963, p. 828.)
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(65 ILCS 5/11-29.1-7) (from Ch. 24, par. 11-29.1-7)
Sec. 11-29.1-7.
The rate at which the sums to be so charged as provided in
Section 11-29.1-6 shall be calculated by the board of directors is the
average per capita operating cost for all persons receiving the benefit of
such facilities or services, computed for each fiscal year; provided, that
the board may, in its discretion, set the rate at a lesser amount than such
average per capita cost. Less amounts may be accepted by the board when
conditions warrant such action or when money is offered by persons not
liable under Section 11-29.1-6. Any money received pursuant to this Section
11-29.1-7 shall be paid into the municipal Mentally Deficient Persons'
Fund.
(Source: Laws 1963, p. 828.)
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(65 ILCS 5/11-29.1-8) (from Ch. 24, par. 11-29.1-8)
Sec. 11-29.1-8.
The board of directors is authorized to investigate the
financial condition of each person liable under Section 11-29.1-6 and is
further authorized to make determinations of the ability of each such
person to pay the sums representing maintenance charges, and for such
purposes to set a standard as a basis of judgment of ability to pay, which
standard shall be recomputed periodically to reflect changes in the cost of
living and other pertinent factors, and to make provisions for unusual and
exceptional circumstances in the application of such standard. The board
may issue to any person liable therefor statements of amounts due as
maintenance charges, requiring payment in such manner as may be arranged,
in an amount not exceeding the average per capita operating cost as
determined under Section 11-29.1-7.
(Source: Laws 1963, p. 828.)
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(65 ILCS 5/11-29.1-9) (from Ch. 24, par. 11-29.1-9)
Sec. 11-29.1-9.
The use of the facilities or services specified in Section
11-29.1-1 shall not be limited or conditioned in any manner by the
financial status or ability to pay of any recipient or person responsible.
Records pertaining to the payment of maintenance charges shall not be made
available for inspection, but all such records shall be deemed confidential
and used only when required for the purpose of Section 11-29.1-8.
(Source: Laws 1963, p. 828.)
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(65 ILCS 5/11-29.1-10) (from Ch. 24, par. 11-29.1-10)
Sec. 11-29.1-10.
Any person who has been issued a statement of any sum due
for maintenance charges for a mentally deficient person may petition the
board of directors for a modification thereof, and the board shall provide
for a hearing thereon. The board may, after such hearing, grant such relief
as seems proper.
(Source: Laws 1963, p. 828.)
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(65 ILCS 5/11-29.1-11) (from Ch. 24, par. 11-29.1-11)
Sec. 11-29.1-11.
Upon request of the board of directors, the attorney for
the municipality in which a person who is liable for payment of maintenance
charges resides shall file suit to collect the amount due. The court may
order the payment of sums due for maintenance for such period or periods as
the circumstances require. Such order may be entered against any or all
such defendants and may be based upon the proportionate ability of each
defendant to contribute to the payment of sums due. Orders for the payment
of money may be enforced by attachment as for contempt against the persons
of the defendants, and in addition as other judgments
for the payment of money, and costs may
be adjudged against the defendants and apportioned among them, but if the
complaint is dismissed the costs shall be borne by the municipality.
The provisions of the Civil Practice Law, and
all amendments thereto, shall apply to and govern all actions instituted
under the provisions of this Division 29.1.
(Source: P.A. 82-783.)
|
(65 ILCS 5/11-29.1-12) (from Ch. 24, par. 11-29.1-12)
Sec. 11-29.1-12.
Upon the death of a person who is liable for maintenance
charges imposed by Section 11-29.1-6 and who is possessed of property, the
executor or administrator of his estate shall ascertain from the board of
directors the extent of such charges. Such claim shall be allowed and paid
as other lawful claims against the estate.
(Source: Laws 1963, p. 828.)
|
(65 ILCS 5/11-29.1-13) (from Ch. 24, par. 11-29.1-13)
Sec. 11-29.1-13.
The Department of Human Services shall
adopt general rules for the guidance of any board of directors, prescribing
reasonable standards in regard to program, facilities and services for
mentally deficient residents.
The Department of Human Services may
conduct such investigation as may be necessary to ascertain compliance with
rules adopted pursuant to this Division 29.1.
If any such board of directors fails to comply with such rules, the
Department of Human Services
shall withhold
distribution of any State grant in aid until such time as such board
complies with such rules.
(Source: P.A. 89-507, eff. 7-1-97.)
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(65 ILCS 5/Art. 11 Div. 29.2 heading) DIVISION 29.2.
CONTRACTS WITH COMMUNITY
MENTAL HEALTH BOARD
|
(65 ILCS 5/11-29.2-1) (from Ch. 24, par. 11-29.2-1)
Sec. 11-29.2-1.
Any city, village or incorporated town may enter into contractual
agreements with any Community Mental Health Board having jurisdiction
within the city, village or incorporated town. Such agreement shall be
written and shall provide for the rendition of service by the Community
Mental Health Board to the residents of such city, village or incorporated
town. For this purpose, the city, village or incorporated town is
authorized to expend its funds and any funds made available to it through
the Federal State and Local Assistance Act of 1972.
(Source: P.A. 78-576.)
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(65 ILCS 5/Art. 11 Div. 29.3 heading) DIVISION 29.3.
SENIOR CITIZEN HOUSING
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(65 ILCS 5/11-29.3-1) (from Ch. 24, par. 11-29.3-1)
Sec. 11-29.3-1.
It being considered essential to the welfare of any
municipality that decent, safe and sanitary housing be provided for senior
citizens; any such municipality shall have the following powers with respect to
senior citizens housing:
(1) To construct, own, manage, acquire, lease, | ||
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(2) To employ or contract with others for management.
(3) To donate land.
(4) To acquire by any means, including eminent | ||
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(5) To mortgage real and personal property.
(6) To borrow money, and secure the payment of such | ||
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(7) To guarantee the repayment of money borrowed to | ||
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(8) To sell or convey real and personal property upon | ||
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(9) To accept grants, contributions, and gifts.
(10) To charge rents and fees of residents.
(11) To enter into leases.
(12) To expend municipal funds in the exercise of its | ||
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(13) To make all such contracts as may be necessary | ||
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Senior citizen housing shall mean housing where at least 50% of the
tenants are intended to be of age 55 or older.
After the effective date of this amendatory Act of 1994, any municipality,
except for municipalities with a population in excess of 10,000 located within
a county having a population in excess of 2,000,000, may borrow money or
guarantee the repayment of money after the question has been submitted to the
electors of that municipality and has been approved by a majority of the
electors voting upon that question. The clerk shall certify the proposition of
the corporate authorities to the proper election authority who shall submit the
question at an election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall (name of municipality) be authorized to borrow | ||
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The votes shall be recorded as "Yes" or "No".
No municipality with a population in excess of 10,000 located within a county
having a population in excess of 2,000,000 may borrow money or guarantee the
repayment of money unless it adopts an ordinance declaring its intention to do
so and directs that notice of such intention be published at least once in a
newspaper having a general circulation in the municipality. The notice shall
set forth (1) the intention of the municipality to borrow money or guarantee
the repayment of money; (2) the specific number of voters required to sign a
petition requesting that the proposition to borrow money or guarantee the
repayment of money be submitted to the voters of the municipality; (3) the time
within which a petition must be filed requesting the submission of the
proposition; and (4) the date of the prospective referendum. At the time of
publication of the notice and for 30 days thereafter, the Clerk shall provide a
petition form to any person requesting one. If within 30 days after the
publication a petition is filed with the Clerk, signed by not less than 10% of
the voters of the municipality requesting that the proposition to borrow money
or guarantee the repayment of money be submitted to the voters thereof then the
municipality shall not be authorized to so act until the proposition has been
certified to the proper election authorities and has been submitted to and
approved by a majority of the voters voting on the proposition at any
regularly scheduled election. If no such petition is so filed, or if any
and all petitions filed are invalid, the municipality may proceed to borrow
money or guarantee the repayment of money. In addition to the requirements
of the general election law the notice of the referendum election shall set
forth the intention of the municipality to borrow money or guarantee the
repayment of money under this Division. The proposition shall be in
substantially the following form:
Shall (name of village) be authorized to borrow | ||
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The votes shall be recorded as "Yes" or "No".
Notwithstanding the provisions of this Section, municipalities with a
population in excess of 10,000 and less than 15,000 and located within a county
having a population in excess of 2,000,000 may borrow money or guarantee the
repayment of money for new construction of senior citizen housing only after
the question has been submitted to the electors of that municipality and has
been approved by a majority of the electors voting upon that question.
(Source: P.A. 87-1153; 87-1208; 88-45; 88-646, eff. 1-1-95.)
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(65 ILCS 5/Art 11 prec Div 30 heading)
CONTROL OVER BUILDING AND CONSTRUCTION
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(65 ILCS 5/Art. 11 Div. 30 heading) DIVISION 30.
GENERAL REGULATORY POWERS
|
(65 ILCS 5/11-30-1) (from Ch. 24, par. 11-30-1)
Sec. 11-30-1.
The corporate authorities of each municipality may regulate
fences and party walls. Provisions of this act do not apply to railroad
right of way fences which are regulated under Section 57 of the Public
Utilities Act.
(Source: Laws 1965, p. 1027.)
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(65 ILCS 5/11-30-2) (from Ch. 24, par. 11-30-2)
Sec. 11-30-2.
For the purpose of lessening or avoiding the hazards to
persons and damage to property resulting from flooding, the corporate
authorities of each municipality may prescribe rules and regulations for
the construction and alteration of buildings and structures and parts and
appurtenances thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-30-3) (from Ch. 24, par. 11-30-3)
Sec. 11-30-3.
In order to promote the public health and safety and the
health and safety of the occupants of the premises herein defined, the
corporate authorities may license, locate and regulate the use and
construction of rooming houses. In municipalities of more than 500,000
inhabitants the fee for any license authorized under this Section shall not
exceed the sum of $25 per year.
For the purposes of this section, the term "rooming house" means a
building or portion of a building other than a hotel, motel, apartment
hotel, or residential hotel, in which sleeping accommodations not
constituting an apartment are furnished at a fee for 4 or more persons
ordinarily renting such accommodations at a specified rate for a specified
time, and occupying the premises as a permanent place of abode rather than
on a transient basis for a short term period of occupancy. An apartment is
herein defined as a self-contained unit with private bath and cooking
facilities.
(Source: Laws 1961, p. 2614.)
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(65 ILCS 5/11-30-4) (from Ch. 24, par. 11-30-4)
Sec. 11-30-4.
The corporate authorities of each municipality may prescribe
the strength and manner of constructing all buildings, structures and their
accessories and of the construction of fire escapes thereon.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-30-5) (from Ch. 24, par. 11-30-5)
Sec. 11-30-5.
In order to promote the public health and safety and the
health and safety of the occupants of the premises herein defined, the
corporate authorities of each municipality may regulate and provide for
supervision of every building, structure or any part thereof used or held
out to the public to be a place where sleeping accommodations are furnished
or maintained for 20 or more persons for a period of one day or more, and
in connection therewith, but not as a limitation thereon, to regulate and
provide for supervision of desk clerks in such buildings or structures.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-30-6) (from Ch. 24, par. 11-30-6)
Sec. 11-30-6.
The corporate authorities of each municipality may regulate
the lighting of stairs, vestibules, passageways and common ways in premises
containing more than 2 flats or apartments and to require the owner,
lessee, person, firm or corporation having control of such stairs,
vestibules, passageways and common ways to light the same.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-30-7) (from Ch. 24, par. 11-30-7)
Sec. 11-30-7.
In municipalities of 500,000 or more inhabitants or
municipalities lying wholly or partly within a radius of 30 miles from the
corporate limits of municipalities of 500,000 or more inhabitants, the
corporate authorities may prohibit the erection of buildings for habitation
on any lot or parcel of land within the municipality, unless a highway,
road, street or way for public service facilities improved with water mains
and sanitary sewers is provided to serve the lot or parcel of land.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-30-8) (from Ch. 24, par. 11-30-8)
Sec. 11-30-8.
The corporate authorities may prescribe rules and regulations
for grading and draining of lots and construction of (1) paving for motor
vehicle driveways and parking areas, (2) terraces, (3) retaining walls of
masonry and other materials and for preserving drainage channels in
connection with building improvements or without such improvements.
(Source: Laws 1961, p. 2620.)
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(65 ILCS 5/11-30-9) (from Ch. 24, par. 11-30-9)
Sec. 11-30-9.
The corporate authorities may prescribe rules and regulations for the
construction of privately owned artificial basins of water used for
swimming or wading, which use or need external buttresses or which are dug
into the ground, located on private residential property and intended for
the use of the owner and guests.
The corporate authorities may by ordinance require the construction of
fences around or protective covers over previously constructed artificial
basins of water dug in the
ground and used for swimming or wading, which are located on private
residential property and intended for the use of the owner and guests.
(Source: P.A. 86-1470.)
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(65 ILCS 5/11-30-10)
Sec. 11-30-10.
Municipality of 500,000 or more; landlord compliance
program.
(a) This Section applies only to municipalities having 500,000 or more
inhabitants.
(b) If a person is a legal or beneficial owner of a building containing
rooms
or groups of rooms used or intended to be used as housekeeping units for
living, sleeping, cooking, and eating and rented to persons for those purposes
and if a court or municipal officer or administrative agency of competent
jurisdiction determines that the owner has violated a municipal ordinance or
code that establishes construction, plumbing, heating, electrical, fire
prevention, sanitation, or other health and safety standards that are
applicable to such buildings, then, in addition to any other action authorized
by law, the court, officer, or agency may offer the owner the option of
attending a program designed to encourage the owner's compliance with all
municipal ordinances and codes applicable to such buildings. The municipality
may prepare and present the program or may contract with a public or
private
entity for that purpose. If the owner states to the court, officer, or
agency that he or she intends to attend the program but then does not attend
the
program, then
the court, officer, or agency may impose against the owner a fine of twice
the amount that would have been imposed if the owner had not stated an
intention to attend the program,
except that the total fine may not exceed the maximum amount authorized by
law.
(Source: P.A. 89-599, eff. 8-2-96.)
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(65 ILCS 5/Art. 11 Div. 31 heading) DIVISION 31. UNSAFE PROPERTY
(Source: P.A. 103-154, eff. 6-30-23.) |
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or remediation.
(a) The corporate authorities of each municipality may demolish, repair,
or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings
within the territory of the municipality and may remove or cause the
removal of garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials from those buildings. In any county
having adopted by referendum or otherwise a county health department as
provided by Division 5-25 of the Counties Code or its predecessor, the
county board of that county may exercise those powers with regard to
dangerous and unsafe buildings or uncompleted and abandoned buildings
within the territory of any city, village, or incorporated town having less
than 50,000 population.
The corporate authorities shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action to
be taken with respect to a building if the owner or owners of the building,
including the lien holders of record, after at least 15 days' written
notice by mail so to do, have failed to put the building in a safe
condition or to demolish it or (ii) for an order requiring the owner or
owners of record to demolish, repair, or enclose the building or to remove
garbage, debris, and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the cause of action
that the building is boarded up or otherwise enclosed, although the court
may order the defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or whereabouts of the
owner or owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons in whose name
the real estate was last assessed is sufficient notice under this Section.
The hearing upon the application to the circuit court shall be expedited
by the court and shall be given precedence over all other suits.
Any person entitled to bring an action under subsection (b) shall have
the right to intervene in an action brought under this Section.
The cost of the demolition, repair, enclosure, or removal incurred by
the municipality, by an intervenor, or by a lien holder of record,
including court costs, attorney's fees, and other costs related to the
enforcement of this Section, is recoverable from the owner or owners of
the real estate or the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real estate; the lien is
superior to all prior existing liens and encumbrances, except taxes, if, within
180 days after the repair, demolition, enclosure, or removal, the municipality,
the lien holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the office of
the recorder in the county in which the real estate is located or in the office
of the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and (3) the
date or dates when the cost and expense was incurred by the municipality,
the lien holder of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property after the
notice of lien has been filed, the lien shall be released by the
municipality, the person in whose name the lien has been filed, or the
assignee of the lien, and the release may be filed of record as in the case
of filing notice of lien. Unless the lien is enforced under subsection (c),
the lien may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil Procedure or
mechanics' lien foreclosures. An action to foreclose this lien
may be commenced at any time after the date of filing of the notice of
lien. The costs of foreclosure incurred by the municipality, including
court costs, reasonable attorney's fees, advances to preserve the property,
and other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable by
the municipality from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the lien
as the assigning party, except that the lien may not be
enforced under subsection (c).
If the appropriate official of any municipality determines that any
dangerous and unsafe building or uncompleted and abandoned building within
its territory fulfills the requirements for an action by the municipality
under the Abandoned Housing Rehabilitation Act, the municipality may
petition under that Act in a proceeding brought under this subsection.
(b) Any owner or tenant of real property within 1200 feet in any
direction of any dangerous or unsafe building located within the territory
of a municipality with a population of 500,000 or more may file with the
appropriate municipal authority a request that the municipality apply to
the circuit court of the county in which the building is located for an
order permitting the demolition, removal of garbage, debris, and other
noxious or unhealthy substances and materials from, or repair or enclosure of
the building in the manner prescribed in subsection (a) of this Section.
If the municipality fails to institute an action in circuit court within 90
days after the filing of the request, the owner or tenant of real property
within 1200 feet in any direction of the building may institute an action
in circuit court seeking an order compelling the owner or owners of record
to demolish, remove garbage, debris, and other noxious or unhealthy
substances and materials from, repair or enclose or to cause to be
demolished, have garbage, debris, and other noxious or unhealthy substances
and materials removed from, repaired, or enclosed the building in question.
A private owner or tenant who institutes an action under the preceding sentence
shall not be required to pay any fee to the clerk of the circuit court.
The cost of repair, removal, demolition, or enclosure shall be borne by
the owner or owners of record of the building. In the event the owner or
owners of record fail to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair, or enclose the building
within 90 days of the date the court entered its order, the owner or tenant
who instituted the action may request that the court join the municipality
as a party to the action. The court may order the municipality to demolish,
remove materials from, repair, or enclose the building, or cause that action to
be taken upon the request of any owner or tenant who instituted the action or
upon the municipality's request. The municipality may file, and the court may
approve, a plan for rehabilitating the building in question. A court order
authorizing the municipality to demolish, remove materials from, repair, or
enclose a building, or cause that action to be taken, shall not preclude the
court from adjudging the owner or owners of record of the building in contempt
of court due to the failure to comply with the order to demolish, remove
garbage, debris, and other noxious or unhealthy substances and materials from,
repair, or enclose the building.
If a municipality or a person or persons other than the owner or
owners of record pay the cost of demolition, removal of garbage, debris, and
other noxious or unhealthy substances and materials, repair, or enclosure
pursuant to a court order, the cost, including court costs, attorney's fees,
and other costs related to the enforcement of this subsection, is
recoverable from the owner or owners of the real estate and is a lien
on the real estate; the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within 180 days after the
repair, removal, demolition, or enclosure, the municipality or the person or
persons who paid the costs of demolition, removal, repair, or enclosure
shall file a notice of lien of the cost and expense incurred in the office
of the recorder in the county in which the real estate is located or in the
office of the registrar of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act. The notice shall be
in a form as is provided in subsection (a). An owner or tenant who
institutes an action in circuit court seeking an order to compel the owner
or owners of record to demolish, remove materials from, repair, or enclose any
dangerous or unsafe building, or to cause that action to be taken under this
subsection may recover court costs and reasonable attorney's fees for
instituting the action from the owner or owners of record of the building.
Upon payment of the costs and expenses by the owner of or a person
interested in the property after the notice of lien has been filed, the
lien shall be released by the municipality or the person in whose name the
lien has been filed or his or her assignee, and the release may be filed of
record as in the case of filing a notice of lien. Unless the lien is
enforced under subsection (c), the lien may be enforced by foreclosure
proceedings as in the case of mortgage foreclosures under Article XV of the
Code of Civil Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any time after the date of filing
of the notice of lien. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorneys' fees, advances
to preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real estate
and are recoverable by the municipality from the owner or owners of the
real estate.
All liens arising under the terms of this subsection (b) shall be
assignable. The assignee of the lien shall have the same power to
enforce the lien as the assigning party, except that the lien may not be
enforced under subsection (c).
(c) In any case where a municipality has obtained a lien under
subsection (a), (b), or (f), the municipality may enforce the
lien
under
this subsection (c) in the same proceeding in which the lien is authorized.
A municipality desiring to enforce a lien under this subsection (c) shall
petition the court to retain jurisdiction for foreclosure proceedings under
this subsection. Notice of the petition shall be served, by certified or
registered mail, on all persons who were served notice under subsection
(a), (b), or (f). The court shall conduct a hearing on the petition not
less than 15
days after the notice is served. If the court determines that the
requirements of this subsection (c) have been satisfied, it shall grant the
petition and retain jurisdiction over the matter until the foreclosure
proceeding is completed. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorneys' fees, advances
to preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real estate and
are recoverable by the municipality from the owner or owners of the real
estate. If the court denies the petition, the municipality may enforce the
lien in a separate action as provided in subsection (a), (b), or
(f).
All persons designated in Section 15-1501 of the Code of Civil Procedure
as necessary parties in a mortgage foreclosure action shall be joined as
parties before issuance of an order of foreclosure. Persons designated
in Section 15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure applicable to
mortgage foreclosures shall apply to the foreclosure of a lien under
this subsection (c), except to the extent that those provisions are
inconsistent with this subsection. For purposes of foreclosures
of liens under this subsection, however, the redemption period described in
subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(d) In addition to any other remedy provided by law, the corporate
authorities of any municipality may petition the circuit court to have
property declared abandoned under this subsection (d) if:
(1) the property has been tax delinquent for 2 or | ||
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(2) the property is unoccupied by persons legally in | ||
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(3) the property's condition impairs public health, | ||
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All persons having an interest of record in the property, including tax
purchasers and beneficial owners of any Illinois land trust having title to
the property, shall be named as defendants in the petition and shall be
served with process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases affecting property, including publication in a newspaper that is in circulation in the county in which the action is pending. At least 30 days prior to any declaration of abandonment, the municipality or its agent shall post a notice not less than 1 foot by 1 foot in size on the front of the subject building or property. The notice shall be dated as of the date of the posting and state that the municipality is seeking a declaration of abandonment for the property. The notice shall also include the case number for the underlying circuit court petition filed pursuant to this subsection and a notification that the owner should file an appearance in the matter if the property is not abandoned.
The municipality, however, may proceed under this subsection in a
proceeding brought under subsection (a) or (b). Notice of the petition
shall be served in person or by certified or registered mail on all persons who were
served notice under subsection (a) or (b).
If the municipality proves that the conditions described in this
subsection exist and (i) the owner of record of the property does not enter
an appearance in the action, or, if title to the property is held by an
Illinois land trust, if neither the owner of record nor the owner of the
beneficial interest of the trust enters an appearance, or (ii) if the owner of record or the beneficiary of a land trust, if title to the property is held by an Illinois land trust, enters an appearance and specifically waives his or her rights under this subsection (d), the court
shall declare the property abandoned. Notwithstanding any waiver, the municipality may move to dismiss its petition at any time. In addition, any waiver in a proceeding under this subsection (d) does not serve as a waiver for any other proceeding under law or equity.
If that determination is made, notice shall be sent in person or by certified or
registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any Illinois
land trust having title to the property, stating that title to the
property will be transferred to the municipality unless, within 30 days of
the notice, the owner of record or any other person having an interest in the property files with the
court a request to demolish any or all dangerous or unsafe buildings or to put the
building in safe condition, or unless the owner of record enters an appearance and proves that the owner does not intend to abandon the property.
If the owner of record enters an appearance in the action within the 30
day period, but does not at that time file with the court a request to demolish the dangerous or unsafe building or to put the property in safe condition, or specifically waive his or her rights under this subsection (d), the court shall vacate its order declaring the property
abandoned if it determines that the owner of record does not intend to abandon the property. In that case, the municipality may amend its complaint in order
to initiate proceedings under subsection (a), or it may request that the court order the owner to demolish buildings or repair the dangerous or unsafe conditions of the property alleged in the petition or seek the appointment of a receiver or other equitable relief to correct the conditions at the property. The powers and rights of a receiver appointed under this subsection (d) shall include all of the powers and rights of a receiver appointed under Section 11-31-2 of this Code.
If a request to demolish or repair a building or property is filed within the 30
day period, the court shall grant permission to the requesting party to
demolish the building or repair the property within 60 days after the request is granted. An extension of
that period for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a timely
request, preference shall be given to the owner of record if the owner filed a request or, if the owner did not, the person with the lien or other
interest of the highest priority.
If the requesting party (other than the owner of record) proves to the court that the building has been
demolished or put in a safe condition in accordance with the local safety codes within the period of time granted by
the court, the court shall issue a quitclaim judicial deed for the
property to the requesting party, conveying only the interest of the owner
of record, upon proof of payment to the municipality of all costs incurred
by the municipality in connection with the action, including but not
limited to court costs, attorney's fees, administrative costs, the
costs, if any, associated with property maintenance, and receiver's
certificates. The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if the interest is
conveyed to a person holding a certificate of purchase for the property
under the Property Tax Code, the conveyance shall
be subject to the rights of redemption of all persons entitled to redeem under
that Act, including the original owner of record. If the requesting party is the owner of record and proves to the court that the building has been demolished or put in a safe condition in accordance with the local safety codes within the period of time granted by the court, the court shall dismiss the proceeding under this subsection (d).
If the owner of record has not entered an appearance and proven that the owner did not intend to abandon the property, and if no person with an interest in the property files a timely request or
if the requesting party fails to demolish the building or put the property
in safe condition within the time specified by the court, the municipality
may petition the court to issue a judicial deed for the property to the
municipality or another governmental body designated by the municipality in the petition. A conveyance by judicial deed shall operate to extinguish
all existing ownership interests in, liens on, and other interest in the
property, including tax liens, and shall extinguish the rights and
interests of any and all holders of a bona fide certificate of purchase of the
property for delinquent taxes. Any such bona fide certificate of purchase
holder shall be
entitled to a sale in error as prescribed under Section 21-310 of the Property
Tax Code.
(e) Each municipality may use the provisions of this subsection to expedite
the removal
of certain buildings that are a continuing hazard to the community in which
they are located.
If a residential or commercial building is 3 stories or less in height as
defined by the
municipality's building code, and the corporate official designated to be
in charge of enforcing the municipality's building code determines that the
building is open and vacant and an immediate and continuing hazard to the
community in which the building is located, then the official shall be
authorized to post a notice not less than 2 feet by 2 feet in size on the
front of the building. The notice shall be dated as of the date of the
posting and shall state that unless the building is demolished, repaired,
or enclosed, and unless any garbage, debris, and other hazardous, noxious,
or unhealthy substances or materials are removed so that an immediate and
continuing hazard to the community no longer exists, then the building may
be demolished, repaired, or enclosed, or any garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials may be removed, by
the municipality.
Not later than 30 days following the posting of the notice, the
municipality shall do all of the following:
(1) Cause to be sent, by certified mail, return | ||
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(2) Cause to be published, in a newspaper published | ||
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(3) Cause to be recorded the Notice to Remediate | ||
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Any person or persons with a current legal or equitable interest in the
property objecting to the proposed actions of the corporate authorities may
file his or her objection in an appropriate form in a court of competent
jurisdiction.
If the building is not demolished, repaired, or enclosed, or the garbage,
debris, or other hazardous, noxious, or unhealthy substances or materials are
not removed, within 30 days of mailing the notice to the owners of record,
the beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, or
within 30 days of the last day of publication of the notice, whichever is
later, the corporate authorities shall have the power to demolish, repair, or
enclose the building or to remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials.
The municipality may proceed to demolish, repair, or enclose a building
or remove any garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials under this subsection within a 120-day period
following the date of the mailing of the notice if the appropriate official
determines that the demolition, repair, enclosure, or removal of any garbage,
debris, or other hazardous, noxious, or unhealthy substances or materials is
necessary to remedy the immediate and continuing hazard. If, however, before
the municipality proceeds with any of the actions authorized by this
subsection, any person with a legal or equitable interest in the property has
sought a hearing under this subsection before a
court and has served a copy of the complaint on the chief executive officer of
the municipality, then the municipality shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other substances until the
court determines that that action is necessary to remedy the hazard and issues
an order authorizing the municipality to do so.
If the court dismisses the action for want of prosecution, the municipality
must send the objector a copy of the dismissal
order and a letter stating that the demolition, repair, enclosure, or
removal of garbage, debris, or other substances will proceed unless, within 30
days after the copy of the order and the letter are mailed, the
objector
moves to vacate the dismissal and serves a
copy of the
motion on the chief executive officer of the municipality. Notwithstanding
any other law to the contrary, if the objector does not file a motion and give
the required notice, if the motion is denied by the court, or if the action is
again dismissed for want of prosecution, then the dismissal is with prejudice
and the demolition, repair, enclosure, or removal may proceed forthwith.
The municipality must maintain documentation submitted from a contractor on the disposal of any demolition debris, clean or general, or uncontaminated soil generated during the demolition, repair, or enclosure of a building for a period of 3 years identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. The documentation required by this paragraph does not apply to a permitted pollution control facility that transfers or accepts construction or demolition debris, clean or general, or uncontaminated soil for final disposal, recycling, or treatment. Following the demolition, repair, or enclosure of a building, or the
removal of garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials under this subsection, the municipality may file a
notice of lien against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the repair, demolition,
enclosure, or removal occurred, for the cost and expense incurred, in the
office of the recorder in the county in which the real estate is located or
in the office of the registrar of titles of the county if the real estate
affected is registered under the Registered Titles (Torrens) Act; this
lien has priority over the interests of those parties named in the
Notice to
Remediate mailed under paragraph (1), but not over the interests of third party
purchasers
or encumbrancers for value who obtained their interests in the property before
obtaining
actual or constructive notice of the lien.
The
notice of lien shall consist of a sworn statement setting forth (i) a
description of the real estate, such as the address or other description of
the property, sufficient for its identification; (ii) the expenses incurred
by the municipality in undertaking the remedial actions authorized under
this subsection; (iii) the date or dates the expenses were incurred by
the municipality; (iv) a statement by the corporate official
responsible for enforcing the building code that the building was open and
vacant and constituted an immediate and continuing hazard
to the community; (v) a statement by the corporate official that the
required sign was posted on the building, that notice was sent by certified
mail to the owners of record, and that notice was published in accordance
with this subsection; and (vi) a statement as to when and where the notice
was published. The lien authorized by this subsection may thereafter be
released or enforced by the municipality as provided in subsection (a).
(f) The corporate authorities of each municipality may remove or cause the
removal of, or otherwise environmentally remediate hazardous substances and
petroleum products on, in,
or under any abandoned and unsafe property within the territory of a
municipality. In addition, where preliminary evidence indicates the presence
or likely presence of a hazardous substance or a petroleum product or a release
or a substantial
threat of a release of a hazardous substance or a petroleum product on, in, or
under the property, the
corporate authorities of the municipality may inspect the property and test for
the presence or release of hazardous substances and petroleum products. In any
county having adopted
by referendum or otherwise a county health department as provided by Division
5-25 of the Counties Code or its predecessor, the county board of that county
may exercise the above-described powers with regard to property within the
territory of any city, village, or incorporated town having less than 50,000
population.
For purposes of this subsection (f):
(1) "property" or "real estate" means all real | ||
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(2) "abandoned" means;
(A) the property has been tax delinquent for 2 or | ||
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(B) the property is unoccupied by persons legally | ||
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(3) "unsafe" means property that presents an actual | ||
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(4) "hazardous substances" means the same as in | ||
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The corporate authorities shall apply to the circuit court of the county in
which the property is located (i) for an order allowing the municipality to
enter the property and inspect and test substances on, in, or under
the property; or (ii) for an order authorizing the
corporate authorities to take action with respect to remediation of the
property if conditions on the property, based on the inspection and testing
authorized in paragraph (i), indicate the presence of hazardous substances or
petroleum products.
Remediation shall be deemed
complete for purposes of
paragraph (ii) above when the property satisfies Tier
I,
II, or
III
remediation objectives for the property's most recent usage, as established by
the Environmental Protection Act, and the rules and regulations promulgated
thereunder. Where, upon diligent search, the identity or whereabouts of the
owner or owners of the property, including the lien holders of record, is not
ascertainable, notice mailed to the person or persons in whose name the real
estate was last assessed is sufficient notice under this Section.
The court shall grant an order authorizing testing under paragraph (i) above
upon a
showing of preliminary evidence indicating the presence or likely presence of a
hazardous substance or a petroleum product or a release of
or a substantial threat of a release of a hazardous substance or a petroleum
product on, in, or under
abandoned property. The preliminary evidence may include, but is not limited
to, evidence of prior use, visual site inspection, or records of prior
environmental investigations. The testing authorized by paragraph (i) above
shall include any type of investigation which is necessary for an environmental
professional to determine the environmental condition of the property,
including but not limited to performance of soil borings and groundwater
monitoring. The court shall grant a remediation order under paragraph (ii)
above where testing of the property indicates that it fails to meet the
applicable remediation objectives. The hearing upon the application to the
circuit court shall be expedited by the court and shall be given precedence
over
all other suits.
The cost of the inspection, testing, or remediation incurred by the
municipality or by a lien holder of record, including court costs, attorney's
fees, and other costs related to the enforcement of this Section,
is a lien on the real estate; except that in any instances where a
municipality
incurs costs
of inspection and testing but finds no hazardous substances or petroleum
products on the property
that present an actual or imminent
threat to public health and safety, such costs are not recoverable from the
owners nor are such costs a lien on the real estate. The lien is superior to
all prior existing liens and encumbrances, except taxes and any lien obtained
under subsection (a) or (e), if, within 180 days after the completion of the
inspection, testing, or remediation, the municipality or the lien holder of
record who
incurred the cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county in which the real
estate is located or in the office of the registrar of titles of the county if
the real estate affected is registered under the Registered Titles (Torrens)
Act.
The notice must consist of a sworn statement setting out (i) a description of
the real estate sufficient for its identification, (ii) the amount of money
representing the cost and expense incurred, and (iii) the date or dates when
the
cost and expense was incurred by the municipality or the lien holder of record.
Upon payment of the lien amount by the owner of or persons interested in the
property after the notice of lien has been filed, a release of lien shall be
issued by the municipality, the person in whose name the lien has been filed,
or the assignee of the lien, and the release may be filed of record as in the
case of filing notice of lien.
The lien may be enforced under subsection (c) or by foreclosure proceedings
as
in the case of mortgage foreclosures under Article XV of the Code of Civil
Procedure or mechanics' lien foreclosures; provided that where the lien is
enforced by foreclosure under subsection (c) or under either statute, the
municipality may
not proceed against the other assets of the owner or owners of the real estate
for any costs that otherwise would be recoverable under this Section but that
remain unsatisfied after foreclosure except where such additional recovery is
authorized by separate environmental laws. An action to foreclose this lien
may be commenced at any time after the date of filing of the notice of lien.
The costs of foreclosure incurred by the municipality, including court costs,
reasonable attorney's fees, advances to preserve the property, and other costs
related to the enforcement of this subsection, plus statutory interest, are a
lien on the real estate.
All liens arising under this subsection (f) shall be assignable. The
assignee of the lien shall have the same power to enforce the lien as the
assigning party, except that the lien may not be enforced under subsection
(c).
(g) In any case where a municipality has obtained a lien under subsection
(a), the municipality may also bring an action for a money judgment against the
owner or owners of the real estate in the amount of the lien in the same manner
as provided for bringing causes of action in Article II of the Code of Civil
Procedure and, upon obtaining a judgment, file a judgment lien against all of
the real estate of the owner or owners and enforce that lien as provided for in
Article XII of the Code of Civil Procedure.
(Source: P.A. 102-363, eff. 1-1-22; 102-847, eff. 5-13-22.)
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(65 ILCS 5/11-31-1.01)
Sec. 11-31-1.01. Securing or enclosing abandoned residential property. (a) In the case of securing or enclosing an abandoned residential property as defined in Section 11-20-15.1, the municipality may elect to secure or enclose the exterior of a building or the underlying parcel on which it is located under this Section without application to the circuit court, in which case the provisions of Section 11-20-15.1 shall be the exclusive remedy for the recovery of the costs of such activity. (b) For the purposes of this Section: (1) "Secure" or "securing" means boarding up, closing | ||
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(2) "Enclose" or "enclosing" means surrounding part | ||
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(c) This Section is repealed upon certification by the Secretary of the Illinois Department of Financial and Professional Regulation, after consultation with the United States Department of Housing and Urban Development, that the Mortgage Electronic Registration System program is effectively registering substantially all mortgaged residential properties located in the State of Illinois, is available for access by all municipalities located in the State of Illinois without charge to them, and such registration includes the telephone number for the mortgage servicer.
(Source: P.A. 96-856, eff. 3-1-10.) |
(65 ILCS 5/11-31-1.1) (from Ch. 24, par. 11-31-1.1)
Sec. 11-31-1.1.
No owner of property who held title to the property when
property taxes became delinquent and which taxes were still delinquent at
the time of the foreclosure of a demolition lien by the corporate authorities of a
municipality or the acceptance of a deed of conveyance in lieu of foreclosing
such lien and no person, firm, association, corporation or other entity
related to or associated with any such owner shall within 10 years after
title vests in the municipality reacquire any right, title or interest in
or to such property.
(Source: P.A. 80-1386.)
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(65 ILCS 5/11-31-2) (from Ch. 24, par. 11-31-2)
Sec. 11-31-2.
(a) If the appropriate official of any municipality
determines, upon due investigation, that any building or structure therein
fails to conform to the minimum standards of health and safety as set forth
in the applicable ordinances of such municipality, and the owner or owners
of such building or structure fails, after due notice, to cause such
property so to conform, the municipality may make application to
the circuit court for an injunction requiring compliance with such
ordinances or for such other order as the court may deem necessary or
appropriate to secure such compliance.
If the appropriate official of any municipality determines, upon due
investigation, that any building or structure located within the area
affected by a conservation plan, adopted by the municipality pursuant to
the Urban Community Conservation Act,
fails to conform to the standards and provisions of such plan, and the
owner or owners of such building or structure fails, after due notice, to
cause such property so to conform, the municipality has the power to make
application to the circuit court for an injunction requiring compliance
with such plan or for such other order as the court may deem necessary or
appropriate to secure such compliance.
The hearing upon such suit shall be expedited by the court and shall be
given precedence over all other actions.
If, upon application hereunder, the court orders the appointment of a
receiver to cause such building or structure to conform, such receiver may
use the rents and issues of such property toward maintenance, repair
and rehabilitation of the property prior to and despite any assignment of
rents; and the court may further authorize the receiver to recover the cost
of such maintenance, repair and rehabilitation by the issuance and sale of
notes or receiver's certificates bearing such interest as the court may
fix, and such notes or certificates, after their initial issuance and
transfer by the receiver, shall be freely transferable and when sold or
transferred by the receiver in return for a valuable consideration in
money, material, labor or services, shall be a first lien upon the real
estate and the rents and issues thereof, and shall be superior to all prior
assignments of rents and all prior existing liens and encumbrances, except
taxes; provided, that within 90 days of such sale or transfer for value by
the receiver of such note or certificate, the holder thereof shall file
notice of lien in the office of the recorder in the county in which the
real estate is located, or in the office of the registrar of titles of such
county if the real estate affected is registered under the Registered Titles
(Torrens) Act. The notice of the lien
filed shall set forth (1) a description of the real estate affected
sufficient for the identification thereof, (2) the face amount of the
receiver's note or certificate, together with the interest payable thereon,
and (3) the date when the receiver's note or certificate was sold or
transferred for value by the receiver. Upon payment to the holder of the
receiver's note or certificate of the face amount thereof together with any
interest thereon to such date of payment, and upon the filing of record of
a sworn statement of such payment, the lien of such certificate shall be
released. Unless the lien is enforced pursuant to subsection (b), the lien
may be enforced by proceedings to foreclose as in the case of mortgages or
mechanics' liens, and such action to foreclose such lien may be commenced
at any time after the date of default. For the purposes of this subsection
(a), the date of default shall be deemed to occur 90 days from the date of
issuance of the receiver's certificate if at that time the certificate
remains unpaid in whole or in part.
In the event a receiver appointed under this subsection (a) completes a
feasibility study which study finds that the property cannot be economically
brought into compliance with the minimum standards of health and safety as set
forth in the applicable ordinances of the municipality, the receiver may
petition the court for reimbursement for the cost of the feasibility study from
the receivership feasibility study and fee fund. The court shall review the
petition and authorize reimbursement from the fund to the receiver if the court
finds that the findings in the feasibility report are reasonable, that the fee
for the feasibility report is reasonable, and that the receiver is unable to
obtain reimbursement other than by foreclosure of a lien on the property. If
the court grants the petition for reimbursement from the fund and, upon
receiving certification from the court of the amount to be paid, the county
treasurer shall order that amount paid from the fund to the receiver. If the
court grants the petition for reimbursement from the fund, the court shall also
authorize and direct the receiver to issue a certificate of lien against title.
The recorded lien shall be a first lien upon the real estate and shall be
superior to all prior liens and encumbrances except real estate taxes. The
court shall also order the receiver to reimburse the fund to the extent that
the receiver is reimbursed upon foreclosure of the receiver's lien upon sale of
the property.
In any proceedings hereunder in which the court orders the appointment
of a receiver, the court may further authorize the receiver to enter into
such agreements and to do such acts as may be required to obtain first
mortgage insurance on the receiver's notes or certificates from an agency
of the Federal Government.
(b) In any case where a municipality has obtained a lien pursuant to
subsection (a), the municipality may enforce such lien pursuant to
this subsection (b) in the same proceeding in which the lien is authorized.
A municipality desiring to enforce a lien under this subsection (b) shall
petition the court to retain jurisdiction for foreclosure proceedings under
this subsection. Notice of the petition shall be served, by certified or
registered mail, on all persons who were served notice under subsection (a).
The court shall conduct a hearing on the petition not less than 15
days after such notice is served. If the court determines that the
requirements of this subsection (b) have been satisfied, it shall grant the
petition and retain jurisdiction over the matter until the foreclosure
proceeding is completed. If the court denies the petition, the municipality
may enforce the lien in a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of Civil Procedure
as necessary parties in a mortgage foreclosure action shall be joined as
parties prior to issuance of an order of foreclosure. Persons designated
in Section 15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure applicable to
mortgage foreclosures shall apply to the foreclosure of a lien pursuant to
this subsection (b), except to the extent that such provisions are
inconsistent with this subsection. However, for purposes of foreclosures
of liens pursuant to this subsection, the redemption period described in
subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(Source: P.A. 91-554, eff. 8-14-99.)
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(65 ILCS 5/11-31-2.1) (from Ch. 24, par. 11-31-2.1)
Sec. 11-31-2.1.
(a) If a municipality petitions for appointment of a
receiver pursuant to Section 11-31-2 of this Act and it clearly appears
from specific facts shown by affidavit or by verified petition or verified
complaint that immediate and irreparable injury, loss or damage will result
before personal service can practicably be had, a receiver may be appointed
upon a showing that the municipality attempted to give notice by any means
practicable and reasonably calculated to give actual notice under the
circumstances, including by telephone to the defendant's last known phone
number or by mailing to the defendant's last known address. If a receiver
is appointed pursuant to this subsection, another hearing shall be set at
the earliest practicable date.
(b) Within 10 days after the appointment of a receiver pursuant to
subsection (a) of this Section, the municipality shall attempt to obtain
personal service, but if unable to obtain personal service and a summons
duly issued in such action is returned without service stating that service
cannot be obtained, then the municipality, its agent or attorney, may file
an affidavit stating that the defendant is not a resident of this State or
has departed from this State, or on due inquiry cannot be found or is
concealed within this State so that process cannot be served upon him or
her, and also stating the place of residence of the defendant, if known, or
if not, that upon diligent inquiry affiant has not been able to ascertain
the defendant's place of residence, and the
defendant may be notified by mailing to the defendant's last known address
and posting at the real estate in receivership, or by such mailing and by
publication pursuant to Section 2-206 of the Code of Civil Procedure. In
cases where a defendant is notified by mailing and posting or by mailing
and publication and the defendant does not appear generally, the court may
not enter a personal judgment against the defendant, but may continue the
receivership and authorize the issuance of receiver's certificates to
become liens upon the real estate, as provided in Section 11-31-2 of this Act.
(c) For purposes of notice by mail to owners as provided in Section
11-31-2.1, if the municipality in which the real estate subject to
receivership is located has an owner registration ordinance, mailing to the
addresses of unserved owners at the addresses registered with the
municipality pursuant to the ordinance shall be sufficient. Notice shall
be deemed provided 4 days after mailing. The notice shall state the
caption and case number of the action, the address of the affected real
estate, the fact that a receiver may be or has been appointed, the
possibility that a lien may be filed against the real estate as a result of
the appointment, and the date, time and place of the next court hearing on
the matter.
(Source: P.A. 85-634.)
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(65 ILCS 5/11-31-2.2) (from Ch. 24, par. 11-31-2.2)
Sec. 11-31-2.2.
If a receiver is appointed pursuant to Section 11-31-2
of this Code, the receiver may file in the appointing Court an eviction action as provided in Article IX of the Code of Civil
Procedure. Filing fees and court costs shall be waived for a receiver
filing under this Section.
(Source: P.A. 100-173, eff. 1-1-18.)
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(65 ILCS 5/11-31-2.3) (from Ch. 24, par. 11-31-2.3)
Sec. 11-31-2.3.
If a receiver is appointed pursuant to Section
11-31-2 of this Act, the applicant's bond shall be excused. The
court also may excuse the surety on the receiver's bond upon a
showing that the receiver is especially qualified for the
appointment. Evidence of special qualifications shall include
but not be limited to: (a) satisfactory past performance as a
receiver; (b) prior real estate management or development
experience; (c) licensure or certification in a relevant profession
or occupation; or (d) specialized training as a receiver.
(Source: P.A. 85-634.)
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(65 ILCS 5/Art. 11 Div. 31.1 heading) DIVISION 31.1.
BUILDING CODE VIOLATIONS
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(65 ILCS 5/11-31.1-1) (from Ch. 24, par. 11-31.1-1)
Sec. 11-31.1-1.
Definitions.
As used in this Division, unless the context
requires otherwise:
(a) "Code" means any municipal ordinance, law, housing
or building code or zoning ordinance
that establishes construction, plumbing, heating, electrical, fire
prevention, sanitation or other health and safety standards that are
applicable to structures in a municipality or any municipal ordinance that
requires, after notice, the cutting of weeds, the removal of garbage and
debris, the removal of inoperable motor vehicles, or the abatement of nuisances
from private property;
(b) "Building inspector" means a full time state, county or municipal
employee whose duties include the inspection or examination of
structures or property in a municipality to determine if zoning or
other code violations exist;
(c) "Property owner" means the legal or beneficial owner of
a structure;
(d) "Hearing officer" means a municipal employee or an officer or
agent of a municipality, other than a building inspector or law enforcement
officer, whose duty it is to:
(1) preside at an administrative hearing called to | ||
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(2) hear testimony and accept evidence from the | ||
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(3) preserve and authenticate the transcript and | ||
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(4) issue and sign a written finding, decision and | ||
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(Source: P.A. 91-162, eff. 7-16-99.)
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(65 ILCS 5/11-31.1-2) (from Ch. 24, par. 11-31.1-2)
Sec. 11-31.1-2.
Code hearing department.
The corporate authorities of any municipality may adopt this Division and
establish a Code
Hearing Department within an existing code enforcement agency or as a
separate and independent agency in the municipal government. The function
of the hearing department is to expedite the prosecution and correction of
code violations in the manner set forth in this Division.
(Source: P.A. 88-37.)
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(65 ILCS 5/11-31.1-3) (from Ch. 24, par. 11-31.1-3)
Sec. 11-31.1-3.
Hearing procedures not exclusive.
In any municipality where this Division is adopted, this Division does
not preclude the municipality from using other methods to enforce the
provisions of its code.
(Source: P.A. 86-1039.)
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(65 ILCS 5/11-31.1-4) (from Ch. 24, par. 11-31.1-4)
Sec. 11-31.1-4. Instituting code hearing proceedings. When a building
inspector finds a code violation while inspecting a structure, he shall
note the violation on a multiple copy violation notice
and report form, indicating the name and address of the structure owner, a citation to the specific code provision or provisions alleged to have been violated, a description of the circumstances present that constitute the alleged violation, the date and time the violation was
observed, the names of witnesses to the violation, and the address of the
structure where the violation is observed.
The violation report form shall be forwarded by the building inspector
to the Code Hearing Department where a Docket number shall be stamped on
all copies of the report, and a hearing date noted in the blank spaces
provided for that purpose on the form. The hearing date shall not be less
than 30 nor more than 40 days after the violation is reported by the
building inspector.
One copy of the violation report form shall be maintained in the files
of the Code Hearing Department and shall be part of the record of hearing,
one copy of the report form shall be returned to the building inspector so
that he may prepare evidence of the code violation for presentation at the
hearing on the date indicated, and one copy of the report form shall be
served by first class mail on the owner of the structure, along
with a summons commanding the owner to appear at the hearing.
If the municipality in which the structure is situated has an ordinance
requiring property owners to register with the municipality, service may be
made on the owner by mailing the report and summons to the owner's address
registered with the municipality. If the name
of the owner of the structure cannot be ascertained or if service on the
owner cannot be made by mail, service may be made on the owner by posting
or nailing a copy of the violation report form on the front door of the
structure where the violation is found, not less than 20 days before the
hearing is scheduled.
(Source: P.A. 97-1088, eff. 8-24-12.)
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(65 ILCS 5/11-31.1-5) (from Ch. 24, par. 11-31.1-5)
Sec. 11-31.1-5.
Subpoenas; Defaults.
At any time prior to the
hearing date the hearing officer assigned to hear the case may,
at the request of the building inspector or the attorney for
the municipality, or the owner or his attorney, issue subpoenas
directing witnesses to appear and give testimony at the hearing.
If on the date set for hearing the owner or his attorney fails
to appear, the hearing officer may find the owner in default and
shall proceed with the hearing and accept evidence relevant to
the existence of a code violation.
(Source: P.A. 86-1039.)
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(65 ILCS 5/11-31.1-6) (from Ch. 24, par. 11-31.1-6)
Sec. 11-31.1-6.
Continuances - Representation at code hearings.
No continuances shall be authorized by the hearing officer in
proceedings under this Division except in cases where a continuance is
absolutely necessary to protect the rights of the owner. Lack of
preparation shall not be grounds for a continuance. Any continuance
authorized by a hearing officer under this Division shall not exceed 25
days. The case for the municipality may be presented by the building
inspector, by any other municipal employee or by an attorney designated by
the municipality. However, in no event shall the case for the municipality
be presented by an employee of the Code Hearing Department. The case for
the dwelling owner may be presented by the owner, his attorney, or any
other agent or representative.
(Source: Laws 1967, p. 1905.)
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(65 ILCS 5/11-31.1-7) (from Ch. 24, par. 11-31.1-7)
Sec. 11-31.1-7.
Hearing; Evidence.
At the hearing, a hearing officer
shall preside and shall hear testimony and accept any evidence relevant to
the existence or non-existence of a code violation in the structure
indicated. The strict rules of evidence applicable to judicial proceedings
shall not apply to hearings authorized by this Division.
(Source: P.A. 86-1039.)
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(65 ILCS 5/11-31.1-8) (from Ch. 24, par. 11-31.1-8)
Sec. 11-31.1-8. Eviction - Rights of the occupants. No action for eviction, abatement of a nuisance, or other similar proceeding shall be threatened or instituted
against an occupant of a dwelling solely because such occupant agrees to
testify or testifies at a code violation hearing.
(Source: P.A. 100-173, eff. 1-1-18.)
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(65 ILCS 5/11-31.1-9) (from Ch. 24, par. 11-31.1-9)
Sec. 11-31.1-9.
Defenses to code violations.
It shall be a defense to a code violation charged under this Division if
the owner, his attorney, or any other agent or representative proves to the
hearing officer's satisfaction that:
(a) The code violation alleged in the notice does not in fact exist, or
at the time of the hearing the violation has been remedied or removed;
(b) The code violation has been caused by the current property occupants
and that in spite of reasonable attempts by the owner to maintain the
dwelling free of such violations, the current occupants continue to cause
the violations;
(c) An occupant or resident of the dwelling has refused entry to the
owner or his agent to all or a part of the dwelling for the purpose of
correcting the code violation.
(Source: P.A. 89-372, eff. 1-1-96.)
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(65 ILCS 5/11-31.1-10) (from Ch. 24, par. 11-31.1-10)
Sec. 11-31.1-10.
Findings, decision, order.
At the conclusion of the hearing the hearing officer shall make a
determination on the basis of the evidence presented at the hearing whether
or not a code violation exists. The determination shall be in writing and
shall be designated as findings, decision and order. The findings,
decision and order shall include the hearing officer's findings of fact, a
decision whether or not a code violation exists based upon the findings of
fact, and an order, ordering the owner to correct the violation or
dismissing the case, in the event a violation is not proved. If a code
violation is proved, the order may also impose the sanctions that are
provided in the code for the violation proved. A copy of the findings,
decision, and order shall be served on the owner within 5 days after they
are issued; service shall be in the same manner as the report form and
summons are served pursuant to Section 11-31.1-4. Payment of any penalty or
fine and the disposition of fine money shall be in the same manner as set
forth in the code, unless the corporate authorities adopting this Division
provide otherwise.
(Source: P.A. 86-1039.)
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(65 ILCS 5/11-31.1-11) (from Ch. 24, par. 11-31.1-11)
Sec. 11-31.1-11.
Administrative review.
The findings, decision and order of the hearing officer shall be subject
to review in the circuit court of the county where the municipality is
located, and the provisions of the Administrative Review Law, and all
amendments and modifications thereto, and the rules
adopted pursuant thereto are adopted and shall apply to and govern every
action for the judicial review of the final findings,
decision and order of
a hearing officer under this Division.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-31.1-11.1) (from Ch. 24, par. 11-31.1-11.1)
Sec. 11-31.1-11.1.
Judgment on findings, decision, order.
(a) Any fine, other sanction or costs imposed, or part of any fine,
other sanction or costs imposed remaining unpaid after the exhaustion of,
or the failure to exhaust, judicial review procedures under the
Administrative Review Law shall be a debt due and owing the municipality
and, as such, may be collected in accordance with applicable law.
(b) After expiration of the period within which judicial review under
the Administrative Review Law may be sought for a final determination of
the code violation, the municipality may commence a proceeding in the
circuit court of the county where the municipality is located for purposes
of obtaining a judgment on the findings, decision and order. Nothing in
this Section shall prevent a municipality from consolidating multiple
findings, decisions and orders against a person in such a proceeding. Upon
commencement of the action, the municipality shall file a certified copy of
the findings, decision and order, which shall be accompanied by a
certification that recites facts sufficient to show that the findings,
decision and order was issued in accordance with this Division and the
applicable municipal ordinance. Service of the summons and a copy of the
petition may be by any method provided by Section 2-203 of the Code of
Civil Procedure or by certified mail, return receipt requested, provided
that the total amount of fines, other sanctions and costs imposed by the
findings, decision and order does not exceed $2500. If the court is
satisfied that the findings, decision and order were entered in accordance
with the requirements of this Division and the applicable municipal
ordinance, and that the property owner had an opportunity for a hearing
under this Division and for judicial review as provided in this Division:
(1) the court shall render judgment in favor of the municipality and
against the property owner for the amount indicated in the findings,
decision and order, plus costs. Such judgment shall have the same effect
and may be enforced in the same manner as other judgments for the recovery
of money; and (2) the court may also issue such other orders and
injunctions as are requested by the municipality to enforce the order of the
hearing officer to correct a code violation.
(Source: P.A. 89-372, eff. 1-1-96.)
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(65 ILCS 5/11-31.1-12) (from Ch. 24, par. 11-31.1-12)
Sec. 11-31.1-12.
Sanctions applicable to owner - Property.
The order to correct a code violation and the sanctions imposed by a
municipality as the result of a finding of a code violation under this
Division shall attach to the property as well as to the owner of the
property, so that a finding of a code violation against one owner cannot be
avoided by conveying or transferring the property to another owner. Any
subsequent transferee or owner of property takes subject to the findings,
decision and order of a hearing officer under this Division.
(Source: Laws 1967, p. 1905.)
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(65 ILCS 5/11-31.1-12.1) (from Ch. 24, par. 11-31.1-12.1)
Sec. 11-31.1-12.1.
(a) The owner of a building located in a municipality in a county having
a population in excess of 100,000 inhabitants who, directly or indirectly,
has collected, or caused to be collected, rentals from an occupant of that
building during a period in which the number of apartments or family units
in that building exceeded the number permitted for that building by an
ordinance of the municipality in which the building is located, is liable
to any such occupant in an amount equal to not more than 3 times the amount
of any rentals paid by any such occupant, or in his behalf, after January
1, 1970, together with court costs and reasonable attorney's fees. If the
occupant is a recipient of public aid under Article III, IV, or VI of "the
Illinois Public Aid Code", approved April 11, 1967, as amended, in whose
behalf vendor payment of the rental was made by the Illinois Department of
Public Aid, the Department of Human Services (acting as successor to the
Department of Public Aid under the Department of Human Services Act), or a
local governmental unit, as the case may be,
the liability
as herein provided is to the Illinois Department of Public Aid, the
Department of Human Services (acting as successor to the Department of Public
Aid under the Department of Human Services Act), or the local
governmental unit making the vendor payment of the rental.
(b) For the purposes of this Section:
(1) "Owner" means the legal or beneficial owner of a | ||
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(2) "Family unit" means a room or group of rooms used | ||
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(c) No liability accrues under this Section until 30 days after the
owner of record of a building has been notified in writing that such owner
is in violation of any such municipal ordinance. Such notice shall be
personally served upon such owner of record or sent by registered mail to
the last known address of such owner.
(Source: P.A. 89-507, eff. 7-1-97.)
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(65 ILCS 5/11-31.1-12.2) (from Ch. 24, par. 11-31.1-12.2)
Sec. 11-31.1-12.2.
(a) A person who contracts with the federal
government or any of its agencies, including without limitation the
Department of Housing and Urban Development, to care for vacant residential
real estate shall be responsible for maintaining the property to prevent
and correct municipal health and safety code violations.
(b) A person who intentionally violates this Section is guilty of a
business offense and shall be fined not less than $501 and not more
than $1,000.
(Source: P.A. 86-315.)
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(65 ILCS 5/11-31.1-13) (from Ch. 24, par. 11-31.1-13)
Sec. 11-31.1-13.
Adoption of Division by municipality.
This Division may be adopted by a municipality by incorporating the
provisions of this Division in an ordinance and passing and publishing the
ordinance in the manner provided in Division 2 of Article 1 of this Act.
(Source: Laws 1967, p. 1905.)
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(65 ILCS 5/11-31.1-14) (from Ch. 24, par. 11-31.1-14)
Sec. 11-31.1-14. Application for grants. Any municipality adopting
this Division may make application to the Department of Commerce and Economic Opportunity for grants to help defray the cost of establishing and
maintaining a code hearing department as provided in this Division. The
application for grants shall be in the manner and form prescribed by the
Department of Commerce and Economic Opportunity.
(Source: P.A. 94-793, eff. 5-19-06.)
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(65 ILCS 5/Art. 11 Div. 32 heading) DIVISION 32.
REGULATION OF HEATING, AIR CONDITIONING
AND REFRIGERATION INSTALLATIONS
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(65 ILCS 5/11-32-1) (from Ch. 24, par. 11-32-1)
Sec. 11-32-1. The corporate authorities of each municipality may:
(1) provide for the regulation, safe construction, installation,
alteration, inspection, testing and maintenance of heating, air
conditioning and refrigerating systems specified in this section.
(2) provide for examination, licensing and regulation of heating, air
conditioning and refrigeration contractors; and fix the amount of license
fees, not exceeding $50, and the terms and manner of issuing and revoking
licenses of such contractors.
(3) provide for the appointment of a board of examiners which shall
examine applicants for and issue licenses to such contractors as are found
capable and trustworthy.
A. The term "heating, air conditioning and refrigeration contractor"
means:
(a) any person engaged in the business of installing, altering or
servicing heating, air conditioning or refrigerating systems;
(b) any private or municipally owned public utility if such public
utility installs heating, air conditioning or refrigerating systems.
The term "heating, air conditioning and refrigeration contractor" does
not include: (i) any private or municipally owned public utility, fuel
supplier or dealer that supplies fuel and services or repairs heating or
air conditioning appliances or equipment in connection with or as a part of
their business of supplying the fuel used in such appliances or equipment;
or (ii) any liquefied petroleum gas dealer subject to "An Act to regulate
the storage, transportation, sale and use of liquefied petroleum gases",
approved July 11, 1955, as now or hereafter amended, and the rules and
regulations of the Illinois State Police promulgated
pursuant to
such Act; or (iii) any electrical contractor registered or licensed as such
under the provisions of this Act or any other statute.
B. The term "heating system" means any heating unit intended to warm the
atmosphere of any building or rooms therein used for human occupancy.
C. The term "air conditioning system" means any air conditioning unit
designed to cool the atmosphere of any building or rooms therein used for
human occupancy, which unit has a rated heat removal capacity in excess of
20,000 British thermal units per hour; and also any such unit regardless of
size or rating that is installed in such a manner that it projects from a
building where pedestrian traffic will pass below it.
D. The term "refrigerating system" means any refrigerating unit, other
than an air conditioning system as defined in this section, which is to be
used in conjunction with or as an aid to any commercial enterprise but does
not include a refrigerating unit used for family household purposes.
Any heating, air conditioning and refrigeration contractor properly
licensed under paragraph (2) of this section in the municipality of his
principal place of business in this State may install heating, air
conditioning and refrigeration systems in any other municipality without
securing an additional license, provided that such contractor complies with
the rules and regulations of the municipality where such systems are
installed.
(Source: P.A. 102-538, eff. 8-20-21.)
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(65 ILCS 5/Art. 11 Div. 33 heading) DIVISION 33.
REGISTRATION OF ELECTRICAL
CONTRACTORS
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(65 ILCS 5/11-33-1) (from Ch. 24, par. 11-33-1)
Sec. 11-33-1.
The corporate authorities of each municipality may require
the registration of electrical contractors, and may impose an annual
registration fee of $25 on each registered contractor. An electrical
contractor who is registered in one municipality, however, shall not be
required by any other municipality to be registered or to pay a
registration fee in the other municipality.
The term "electrical contractor," as used in this section, means any
person engaged in the business of installing or altering by contract
electrical equipment for the utilization of electricity for light, heat, or
power. But the term "electrical contractor" shall not include the
installing or altering of (1) radio apparatus or equipment for wireless
reception of sounds and signals, or (2) apparatus, conductors, or other
equipment installed for or by public utilities, including common carriers,
which are under the jurisdiction of the Illinois Commerce Commission, for
use in their operation as public utilities. Nor shall the term include the
employees employed by an electrical contractor to do or supervise his work.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 34 heading) DIVISION 34.
STEAM BOILER INSPECTION AND
OPERATOR LICENSING
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(65 ILCS 5/11-34-1) (from Ch. 24, par. 11-34-1)
Sec. 11-34-1.
The corporate authorities of each municipality may:
(1) provide for the inspection of steam boilers and elevators.
(2) provide for the examination, licensing, and regulation of persons
having charge of steam boilers under steam pressure, exhausting through an
engine, and of persons having charge as starters or operators of all
freight and passenger elevators run by hydraulic, electric, steam, water
balance, compressed air, or any other motive power.
(3) fix the amount of the license fee, terms, and manner of issuing to
and revoking the licenses of the specified persons.
(4) provide for the appointment by the mayor or the president of the
board of trustees of competent boards of examiners, which shall examine
applicants and license those found capable and trustworthy to operate steam
boilers or elevators, as the case may be.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 35 heading) DIVISION 35.
BOARD OF PLUMBING EXAMINERS IN
MUNICIPALITIES OF 500,000 OR MORE
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(65 ILCS 5/11-35-1) (from Ch. 24, par. 11-35-1)
Sec. 11-35-1.
Any municipality with a population of 500,000 or more, by
ordinance may provide for a board of plumbing examiners (1) to conduct
examinations for journeyman plumbers and master plumbers, (2) to register
plumbers' apprentices, and (3) to issue and revoke plumber's licenses
within such a municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 36 heading) DIVISION 36.
LICENSING OF MASON CONTRACTORS IN
MUNICIPALITIES OF 500,000 OR MORE
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(65 ILCS 5/11-36-1) (from Ch. 24, par. 11-36-1)
Sec. 11-36-1.
Every person desiring to engage in the business of a mason
contractor or employing mason within a municipality with a population of
500,000 or more, is required to obtain an annual license authorizing him to
do so, in the manner provided by Sections 11-36-2 through 11-36-6. However,
where a firm or corporation consists of more than one mason contractor or
employing mason, it is not necessary for more than one member of the firm
or corporation to procure a license.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-36-2) (from Ch. 24, par. 11-36-2)
Sec. 11-36-2.
Every person specified in Section 11-36-1 shall apply to the
board of examiners provided by Section 11-36-3 and, at such time and place
as the board may designate, must pass such an examination as to his
qualifications as the board may direct. This examination may be wholly or
partly written. It shall be of a practical and elementary character but it
shall be sufficiently strict to test his qualifications.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-36-3) (from Ch. 24, par. 11-36-3)
Sec. 11-36-3.
In every municipality with a population of 500,000 or over
there shall be a board of examiners of mason contractors or employing
masons consisting of 3 members, all of whom are practical masons. The
members shall be appointed annually by the mayor or president, as the case
may be, with the approval of the corporate authorities, before the first
day of May. They shall hold office for a term of one year and until their
successors are appointed and have qualified. They shall be paid from the
treasury of the municipality such sum as the corporate authorities may
designate.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-36-4) (from Ch. 24, par. 11-36-4)
Sec. 11-36-4.
As soon as is convenient after their appointment, the members
of the board of examiners shall meet and designate the times and places for
the examination of all persons specified in Section 11-36-1 who apply to
them. The board shall examine these applicants as to their practical
knowledge of masonry and mason construction and all matters pertaining to
mason construction, and, if satisfied as to the competency of an applicant,
shall thereupon issue a license to him, authorizing him to engage in the
business of mason contracting or employing mason. The license fee for such
a mason contractor or employing mason shall be fixed by the corporate
authorities of the municipality. The license shall be valid and have force
throughout the state for a period of one year from its date of issuance and
may be renewed upon its expiration by paying in advance an annual renewal
fee to be fixed by the corporate authorities. All license fees received
shall be paid into the treasury of the municipality where the licenses are
issued.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-36-5) (from Ch. 24, par. 11-36-5)
Sec. 11-36-5.
Each municipality specified in Section 11-36-1, by ordinance,
shall prescribe rules and regulations for the materials, construction,
alteration, and inspection of all mason work placed in or upon or in
connection with any building in the municipality. The specified
municipality shall provide also that no mason work shall be done upon any
building without a permit being first issued therefor by the building
department upon such terms and conditions as the municipality shall
prescribe.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-36-6) (from Ch. 24, par. 11-36-6)
Sec. 11-36-6.
Any person violating any provision of Section 11-36-1 through
11-36-5 is guilty of a petty offense and is subject to a fine of not less
than $5 nor exceeding $50 for each violation thereof. He may have his
certificate revoked by the proper authorities in the municipality.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art. 11 Div. 37 heading) DIVISION 37.
INSPECTION OF ELECTRICAL EQUIPMENT
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(65 ILCS 5/11-37-1) (from Ch. 24, par. 11-37-1)
Sec. 11-37-1.
The term "electrical equipment" as used in this Division 37
means conductors and other equipment installed for the utilization of
electricity for light, heat, or power. It does not include radio apparatus
or equipment for wireless reception of sounds and signals, and it does not
include apparatus, conductors, or other equipment installed for or by
public utilities, including common carriers, which are under the
jurisdiction of the Illinois Commerce Commission, for use in their
operation as public utilities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-37-2) (from Ch. 24, par. 11-37-2)
Sec. 11-37-2.
Any municipality by ordinance may regulate the installation,
alteration, and use of all electrical equipment as provided in this
Division 37 and may establish an electrical inspection department for this
regulation.
Each municipality which establishes such an electrical inspection
department shall also establish an electrical commission, consisting of 6
members as follows: The superintendent of electricity or the chief
electrical inspector of the municipality shall be a member and ex officio
chairman of the commission; of the other 5 members, one shall be a
registered professional engineer, one an electrical contractor, one a
journeyman electrician, one a representative of an inspection bureau
maintained by the fire underwriters, if such a representative resides in
the municipality, and if no such representative resides in the municipality
then the chief of the fire department, and one representative of an
electricity supply company. If there is no person residing in the
municipality who is qualified under any one of these descriptions, the
mayor or president of the municipality may appoint some other person to
fill that position. All members of the electrical commission shall be
appointed by the mayor or president of the municipality with the advice and
consent of the corporate authorities.
(Source: Laws 1963, p. 2216.)
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(65 ILCS 5/11-37-3) (from Ch. 24, par. 11-37-3)
Sec. 11-37-3.
The electrical commission shall recommend (1) safe and
practical standards and specifications for the installation, alteration,
and use of electrical equipment designed to meet the necessities and
conditions of the particular locality, (2) reasonable rules and regulations
governing the issuance of permits by the electrical inspection department,
and (3) reasonable fees to be paid for the inspection by the inspection
department of all electrical equipment installed or altered within the
municipality. The standards, specifications, rules, regulations, and fees
so recommended shall not become effective until adopted by ordinance by the
corporate authorities of the municipality. All fees so adopted shall be
paid into the municipal treasury.
In a municipality which has established an electrical inspection
department, no electrical equipment shall be installed or altered except
upon a permit first issued by that department. The electrical inspection
department shall issue permits for the installation and alteration of
electrical equipment in all cases where application is made in accordance
with the rules and regulations applicable thereto. That department shall
inspect all electrical equipment installed or altered in the municipality
and shall require that it conform to the standards and specifications
applicable and adopted as provided in this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-37-4) (from Ch. 24, par. 11-37-4)
Sec. 11-37-4.
In a municipality which has established an electrical
inspection department, any wilful failure or refusal to comply with the
ordinance specified in Section 11-37-3 constitutes a petty offense
punishable upon conviction by a fine of not less than $5 nor more than $50
for each offense.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art. 11 Div. 38 heading) DIVISION 38.
INSPECTION OF LODGING HOUSE PLANS
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(65 ILCS 5/11-38-1) (from Ch. 24, par. 11-38-1)
Sec. 11-38-1.
All architects, builders of, or other persons interested in
any projected tenement, lodging house, or other place of habitation, in any
city with a population of 50,000 or more, shall submit plans and
specifications of a specified building to the board of health or public
health board of the city, or other officer designated by the corporate
authorities, for their approval or rejection, as to the proposed plans for
the ventilation of rooms, light and air shafts, windows, ventilation of
water closets, drainage, and plumbing.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-38-2) (from Ch. 24, par. 11-38-2)
Sec. 11-38-2.
All plumbers or other persons interested in the contract for
the plumbing work of a building specified in Section 11-38-1 shall receive
a written certificate of instruction from the examining board or officer of
a specified city before commencing work on the building and shall proceed
according to the plans, specifications, and instructions, as approved by
the examining board or officer.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-38-3) (from Ch. 24, par. 11-38-3)
Sec. 11-38-3.
All plumbers or other persons interested in the plumbing
work, after the completion of the plumbing work, and before any plumbing
work is covered up in such a building, or on the premises connected with
such a building, shall notify in writing the examining board or officer
that the building, or the premises, are now ready for inspection. It is
unlawful for any plumber or other person to cover up, or in any way conceal
any plumbing work in or about such a building or premises until the
examining board or officer approves of the plumbing work.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-38-4) (from Ch. 24, par. 11-38-4)
Sec. 11-38-4.
If any architect or builder violates any of the provisions of
this Division 38, he shall be guilty of a petty offense for each offense.
If any plumber or other person interested in the plumbing work, violates
any of the provisions of this Division 38, he shall be guilty of a petty
offense for the first offense, and the further penalty of $10 for each day
the plumber or other interested person, after first conviction, neglects or
refuses to comply with any of the provisions of this Division 38, or the
written instructions of the examining board or officer, and for the second
offense, a like penalty and a forfeiture of his license to do business in
that city for one year after conviction.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art. 11 Div. 39 heading) DIVISION 39.
RECORDING OF BUILDING PERMITS
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(65 ILCS 5/11-39-1) (from Ch. 24, par. 11-39-1)
Sec. 11-39-1.
Every municipality in counties containing 200,000 or more
inhabitants which issues building permits shall forward a copy of the building
permit to the township assessor and a copy to the county assessor of the county
in which the municipality is situated within 15 days of issuance of the permit.
The permit shall show the complete legal description of the area to which the
permit pertains; and, if the area has a "property index number", as defined and
referred to in Section 9-45 of the Property Tax Code, then there shall be
included in the permit the index number.
(Source: P.A. 88-670, eff. 12-2-94.)
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(65 ILCS 5/11-39-2) (from Ch. 24, par. 11-39-2)
Sec. 11-39-2.
Every municipality in counties containing 200,000 or more
inhabitants which issues building permits shall require each applicant for
such a building permit to include, in his application for said building
permit, the real estate index number referred to in Section 11-39-1 hereof.
(Source: P.A. 85-1421.)
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(65 ILCS 5/11-39-2.5) Sec. 11-39-2.5. Permits for demolition and renovation; asbestos. Before a municipality may issue a demolition or renovation permit for property that is regulated under Part 61 of Title 40 of the Code of Federal Regulations (NESHAP), the municipality must notify the permit applicant of the requirement to file a NESHAP notification form with the Illinois Environmental Protection Agency, as required by Section 61.145(b) of Title 40 of the Code of Federal Regulations. A municipality may seek assistance from the Illinois Environmental Protection Agency or any other State agency in developing procedures to implement the provisions of this Section.
(Source: P.A. 96-1536, eff. 3-4-11.) |
(65 ILCS 5/11-39-3)
Sec. 11-39-3. Builder or developer cash bond or other surety.
(a) A municipality may not require a cash bond, irrevocable letter of
credit, surety bond, or letter of commitment issued by a bank, savings and loan
association, surety, or insurance company from a builder or developer
to guarantee completion of a project improvement when the builder or developer
has filed with the municipal clerk a
current, irrevocable letter of credit, surety bond, or letter of commitment
issued by a bank, savings and loan association, surety, or insurance company,
deemed good and sufficient
by the municipality accepting such security, in an
amount
equal
to or greater than 110% of the amount of the bid on each project improvement.
A builder or developer has the option to utilize a
cash bond, irrevocable letter of credit,
surety bond, or letter of commitment, issued by a bank, savings and loan
association, surety, or insurance company, deemed good and
sufficient
by the municipality, to
satisfy any cash bond requirement established by a municipality.
Except for a municipality or county with a population of 1,000,000 or more,
the municipality must approve and deem a surety or insurance
company good and sufficient for the purposes set forth in this Section if the
surety or insurance company is authorized by the Illinois Department
of Insurance to sell and issue sureties in the State of Illinois.
(b) If a municipality receives a cash bond, irrevocable letter of credit,
or surety bond from a builder or developer to
guarantee completion of a project improvement, the municipality shall (i)
register the bond
under
the address of the project and the construction permit number and (ii) give the
builder or developer a receipt for the bond. The municipality shall establish
and
maintain a separate account for all cash bonds received from builders and
developers to guarantee completion of a project improvement.
(c) The municipality shall refund a cash bond to a builder or developer,
or release the irrevocable letter of credit or surety bond
within
60 days after the builder or developer notifies the municipality in writing of
the
completion of the project improvement for which the bond
was required.
For these purposes, "completion" means that the municipality has determined
that the project improvement for which the bond was required is complete or a
licensed engineer or licensed architect has certified to the builder or
developer and the municipality that the project improvement has been completed
to the applicable codes and ordinances.
The municipality shall pay interest to the builder or developer, beginning 60
days after builder or developer notifies the municipality in writing of the
completion of
the
project improvement, on any bond not refunded to a builder or developer, at
the rate of 1%
per month.
(d) A home rule municipality may not require or maintain cash bonds,
irrevocable letters of credit, surety bonds, or letters of commitment issued by
a bank, savings and loan association, surety, or insurance company
from
builders or developers in a manner inconsistent with this Section. This
Section supersedes and controls over other provisions of this Code
as they apply to and guarantee completion of a project improvement that is
required by the municipality, regardless of whether the project improvement is
a condition of annexation agreements. This
Section is a denial and limitation under subsection (i) of Section
6 of Article VII of the Illinois Constitution on the concurrent exercise by a
home rule municipality of powers and functions exercised by the State.
(Source: P.A. 96-1000, eff. 7-2-10.)
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(65 ILCS 5/11-39-4) Sec. 11-39-4. Building permits. Once a building permit is issued, the applicable building codes of any unit of local government that are in effect at the time of the issuance of the permit shall be the only building codes that apply for the duration of the building permit.
(Source: P.A. 95-512, eff. 1-1-08.) |
(65 ILCS 5/Art. 11 Div. 39.1 heading) DIVISION 39.1.
COMMUNITY PLANNING AND DEVELOPMENT
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(65 ILCS 5/11-39.1-1) (from Ch. 24, par. 11-39.1-1)
Sec. 11-39.1-1.
Each municipality may receive funds from
the United States Government under the "Housing and Community Development
Act of 1974", Public Law 93-383, and may disburse those funds and
other municipal funds for the community development program activities specified
in Section 105 of that Act. The powers granted by this Section
are in addition to powers otherwise possessed by a municipality and
shall not be construed as a limitation of such other powers.
The provisions of this Section are not a limitation on the
powers of a home rule municipality.
(Source: P.A. 79-388.)
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(65 ILCS 5/Art. 11 Div. 39.2 heading) DIVISION 39.2. MUNICIPAL DESIGN-BUILD CONTRACTS
(Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-1) Sec. 11-39.2-1. Short title. This Division may be cited as the Municipal Design-Build Authorization Act.(Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-5) Sec. 11-39.2-5. Purpose. The purpose of this Division is to authorize municipalities to use design-build processes to increase the efficiency and effectiveness of delivering public projects.(Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-10) Sec. 11-39.2-10. Definitions. As used in this Division: "Delivery system" means the design and construction approach used to develop and construct a project. "Design-bid-build" means the traditional delivery system used on public projects that incorporates the competitive bidding process set forth in this Code. "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services, as required, and the labor, materials, equipment, and other construction services for the project. "Design-build contract" means a contract for a public project under this Division between a municipality and a design-build entity to furnish: architecture, engineering, land surveying, public art or interpretive exhibits, and related services, as required, and the labor, materials, equipment, and other construction services for the project. "Design-build entity" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Division. "Design professional" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989. "Evaluation criteria" means the requirements for the separate phases of the selection process as defined in this Division and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of personnel to the project, and other appropriate factors. "Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Division. "Public art designer" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that has demonstrated experience with the design and fabrication of public art, including any media that has been planned and executed with the intention of being staged in the physical public domain outside and accessible to all or any art which is exhibited in a public space, including publicly accessible buildings, or interpretive exhibits, including communication media that is designed to engage, excite, inform, relate, or reveal the intrinsic nature or indispensable quality of a topic or story being presented. "Request for proposal" means the document used by the municipality to solicit proposals for a design-build contract. "Scope and performance criteria" means the requirements for the public project, such as the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, and other programmatic criteria that are expressed in performance-oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal. (Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-15) Sec. 11-39.2-15. Solicitation of proposals. (a) A municipality may enter into design-build contracts. In addition to the requirements set forth in its local ordinances, when the municipality elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the proposal. The municipality must publish the advance notice in the manner prescribed by ordinance, which must include posting the advance notice online on its website. The municipality may publish the notice in construction industry publications or post the notice on construction industry websites. A brief description of the proposed procurement must be included in the notice. The municipality must provide a copy of the request for proposal to any party requesting a copy. (b) The request for proposal must be prepared for each project and must contain, without limitation, the following information: (1) The name of the municipality. (2) A preliminary schedule for the completion of the | ||
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(3) The proposed budget for the project, the source | ||
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(4) Prequalification criteria for design-build | ||
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(5) Material requirements of the contract, such as | ||
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(6) The performance criteria. (7) The evaluation criteria for each phase of the | ||
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(8) The number of entities that will be considered | ||
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(c) The municipality may include any other relevant information that it chooses to supply. The design-build entity may rely upon the accuracy of this documentation in the development of its proposal. (d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. If the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The municipality must include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed. (Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-20) Sec. 11-39.2-20. Development of scope and performance criteria. (a) The municipality must develop, with the assistance of a licensed design professional or public art designer, a request for proposal, which must include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the municipality's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery requirements. (b) Each request for proposal must also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the municipality to be produced by the design-build entities. (c) The scope and performance criteria must be prepared by a design professional or public art designer who is an employee of the municipality, or the municipality may contract with an independent design professional or public art designer selected under the Local Government Professional Services Selection Act to provide these services. (d) The design professional or public art designer that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project. (e) The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the municipality to make modifications in the project scope without invalidating the design-build contract. (Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-25) Sec. 11-39.2-25. Procedures for Selection. (a) The municipality must use a two-phase procedure for the selection of the successful design-build entity. Phase I of the procedure will evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals. (b) The municipality must include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the municipality has set forth. Each request for proposal must establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the municipality. The municipality must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The municipality must include the following criteria in every Phase I evaluation of design-build entities: (i) experience of personnel; (ii) successful experience with similar project types; (iii) financial capability; (iv) timeliness of past performance; (v) experience with similarly sized projects; (vi) successful reference checks of the firm; (vii) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants; and (viii) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act. The municipality may include any additional, relevant criteria in Phase I that it deems necessary for a proper qualification review. The municipality may not consider any design-build entity for evaluation or award if the entity has any pecuniary interest in the project or has other relationships or circumstances, such as long-term leasehold, mutual performance, or development contracts with the municipality, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. No proposal may be considered that does not include an entity's plan to comply with the requirements established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for both the design and construction areas of performance, and with Section 2-105 of the Illinois Human Rights Act. Upon completion of the qualification evaluation, the municipality must create a shortlist of the most highly qualified design-build entities. The municipality, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation if no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals. The municipality must notify the entities selected for the shortlist in writing. This notification must commence the period for the preparation of the Phase II technical and cost evaluations. The municipality must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the municipality. (c) The municipality must include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal must establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the municipality. The municipality must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The municipality must include the following criteria in every Phase II technical evaluation of design-build entities: (i) compliance with objectives of the project; (ii) compliance of proposed services to the request for proposal requirements; (iii) quality of products or materials proposed; (iv) quality of design parameters; (v) design concepts; (vi) innovation in meeting the scope and performance criteria; and (vii) constructability of the proposed project. The municipality may include any additional relevant technical evaluation factors it deems necessary for proper selection. The municipality must include the following criteria in every Phase II cost evaluation: the total project cost, the construction costs, and the time of completion. The municipality may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighting factor may not exceed 30%. The municipality must directly employ or retain a licensed design professional or a public art designer to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards. Upon completion of the technical submissions and cost submissions evaluation, the municipality may award the design-build contract to the highest overall ranked entity. (Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-30) Sec. 11-39.2-30. Small projects. In any case where the total overall cost of the project is estimated to be less than $12,000,000, the municipality may combine the two-phase procedure for selection described in Section 11-39.2-25 into one combined step if all the requirements of evaluation are performed in accordance with Section 11-39.2-25.(Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-35) Sec. 11-39.2-35. Submission of proposals. Proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposals. Proposals must include a bid bond in the form and security as designated in the request for proposals. Proposals must also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals must include a list of all design professionals, public art designers, and other entities to which any work may be subcontracted during the performance of the contract. Proposals must meet all material requirements of the request for proposal or they may be rejected as nonresponsive. The municipality may reject any and all proposals. The drawings and specifications of the proposal may remain the property of the design-build entity. The municipality must review the proposals for compliance with the performance criteria and evaluation factors. Proposals may be withdrawn prior to evaluation for any cause. After evaluation begins by the municipality, clear and convincing evidence of error is required for withdrawal. After a response to a request for qualifications or a request for proposal has been submitted as provided in this Section, a design-build entity may not replace, remove, or otherwise modify any firm identified as a member of the proposer's team unless authorized to do so by the municipality. (Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-40) Sec. 11-39.2-40. Award; performance. The municipality may award the contract to the highest overall ranked design-build entity. Notice of award must be made in writing. Unsuccessful design-build entities must also be notified in writing. The municipality may not request a best and final offer after the receipt of proposals of all qualified design-build entities. The municipality may negotiate with the selected design-build entity after award, but prior to contract execution, for the purpose of securing better terms than originally proposed if the salient features of the request for proposal are not diminished. A design-build entity and associated design professionals must conduct themselves in accordance with the relevant laws of this State and the related provisions of the Illinois Administrative Code. (Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-45) Sec. 11-39.2-45. Reports and evaluation. At the end of every 6-month period following the contract award, and again prior to final contract payout and closure, a selected design-build entity must detail, in a written report submitted to the municipality, its efforts and success in implementing the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act.(Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-50) Sec. 11-39.2-50. Exception. Nothing in this Division prevents a municipality from using a qualification-based selection process for design professionals or construction managers for design-build projects.(Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/11-39.2-55) Sec. 11-39.2-55. Severability. The provisions of this Division are severable under Section 1.31 of the Statute on Statutes.(Source: P.A. 103-491, eff. 1-1-24.) |
(65 ILCS 5/Art 11 prec Div 40 heading)
VEHICLES
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(65 ILCS 5/Art. 11 Div. 40 heading) DIVISION 40.
SPEED, SAFETY AND
DISPOSITION OF VEHICLES
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(65 ILCS 5/11-40-1) (from Ch. 24, par. 11-40-1)
Sec. 11-40-1.
The corporate authorities of each municipality may regulate,
subject to the provisions of "The Illinois Vehicle Code", as now and hereafter
amended, the speed of animals, vehicles, cars and locomotives. The corporate
authorities may also regulate vehicles conveying loads within the municipality.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-40-2) (from Ch. 24, par. 11-40-2)
Sec. 11-40-2.
Any city, village or incorporated town having a population
of 40,000 or over, may, by ordinance, require the resident owner of a motor
vehicle to submit, not more often than semi-annually, such motor vehicle
for inspection to determine the sufficiency of the equipment required by
"The Illinois Vehicle Code", as now and hereafter amended, for safe operation
on public highways and may provide testing stations, located at convenient
places in each such city, village or incorporated town, for the inspection
of such equipment. The testing stations may be constructed, maintained and
operated from funds authorized to be appropriated for such purpose by Section
8-11-4. No fee shall be charged such owner for such inspection.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-40-2a) (from Ch. 24, par. 11-40-2a)
Sec. 11-40-2a.
Except as otherwise provided in this Section, the
corporate authorities of any city of 1,000,000 or more
inhabitants may, subject to the provisions of "The Illinois Vehicle Code",
as now and hereafter amended regulate, license and prescribe safety requirements
for motor vehicles used to transport for hire students to or from a school
where students are in attendance except (a) those belonging to or used by
a common carrier or public utility operating under the jurisdiction of the
Illinois Commerce Commission, and (b) those under the jurisdiction of the
State Board of Education or owned
by the Chicago Transit Authority. However, no such municipality,
including any home rule unit, may require that school buses be equipped
with seat safety belts while transporting students who reside and attend
schools situated outside of the corporate limits of the municipality, and
it is declared to be the law of this State, pursuant to paragraph (g) of
Section 6 of Article VII of the Illinois Constitution, that this amendatory
Act of 1986 is a limitation on and denial of the powers of a home rule unit
to impose such a requirement. In this Section "school" means any public,
private or parochial elementary or secondary school or nursery.
(Source: P.A. 84-1374.)
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(65 ILCS 5/11-40-2b) (from Ch. 24, par. 11-40-2b)
Sec. 11-40-2b.
No municipality with fewer than 1,000,000 inhabitants may
regulate or prescribe safety requirements for motor vehicles
used to transport for hire students to or from a school where students are
in attendance.
This Section does not prohibit any municipality from which such vehicles
originate their operation from registering such vehicles or requiring the
purchase of vehicle stickers where no regulatory requirements are imposed.
This Section is a limitation on the power of home rule municipalities
with fewer than 1,000,000 inhabitants, and the regulation and
prescribing of safety requirements for such motor vehicles is declared an exclusive
State function in municipalities with fewer than 1,000,000 inhabitants under
Article VII, Section 6, paragraph (h) of the Constitution.
(Source: P.A. 82-1011.)
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(65 ILCS 5/11-40-3) (from Ch. 24, par. 11-40-3)
Sec. 11-40-3.
Subject to the provisions of Section 11-40-3.1 of this
Code, the corporate authorities of each municipality may by
ordinance declare all inoperable motor vehicles, whether on public or
private property and in view of the general public, to be a nuisance
and authorize fines to be levied for the failure of any person to obey a
notice received from the municipality which states that such person is to
dispose of any inoperable motor vehicles under his control, and may
authorize a law enforcement agency, with applicable jurisdiction, to
remove, after 7 days from the issuance of the municipal notice, any
inoperable motor vehicle or parts thereof. However, nothing in this Section
shall apply to any motor vehicle that is kept within a building when not in
use, to operable historic vehicles over 25 years of age, or to a motor
vehicle on the premises of a place of business engaged in the wrecking or
junking of motor vehicles.
As used in this Section, "inoperable motor vehicle" means any motor
vehicle from which, for a period of at least 7 days or any greater period
fixed by ordinance, the engine, wheels or other parts have been removed, or
on which the engine, wheels or other parts have been altered, damaged or
otherwise so treated that the vehicle is incapable of being driven under
its own motor power. "Inoperable motor vehicle" shall not include a motor
vehicle which has been rendered temporarily incapable of being driven under
its own motor power in order to perform ordinary service or repair operations.
(Source: P.A. 86-460.)
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(65 ILCS 5/11-40-3.1) (from Ch. 24, par. 11-40-3.1)
Sec. 11-40-3.1.
The General Assembly hereby finds that in municipalities
of more than 1,000,000 inhabitants, the proliferation of hazardous
dilapidated motor vehicles constitutes a hazard to the health, safety and
welfare of the public, and that addressing the problems caused by such
abandoned dilapidated vehicles constitutes a compelling and fundamental
governmental interest. The General Assembly also finds that the only
effective method of dealing with the problem is to promulgate a
comprehensive scheme to expedite the towing and disposal of such vehicles.
The corporate authorities of each municipality of 1,000,000 inhabitants or
more may by ordinance declare all inoperable motor vehicles, whether on
public or private property and in view of the general public, to be
hazardous dilapidated motor vehicles, and may authorize a law enforcement
agency, with applicable jurisdiction, to remove immediately, any hazardous
dilapidated motor vehicle or parts thereof. Nothing in this Section shall
apply to any motor vehicle that is kept within a building when not in use,
to operable historic vehicles over 25 years of age, or to a motor vehicle
on the premises of a place of business engaged in the wrecking, selling, or junking
of motor vehicles.
As used in this Section, "hazardous dilapidated motor vehicle" means any
motor vehicle with a substantial number of essential parts, as defined by
Section 1-118 of The Illinois Vehicle Code, either damaged, removed or
altered or otherwise so treated that the vehicle is incapable of being
driven under its own motor power or, which by its general state of
deterioration, poses a threat to the public's health, safety and welfare.
"Hazardous dilapidated motor vehicle" shall not include a motor vehicle
which has been rendered temporarily incapable of being driven under its own
motor power in order to perform ordinary service or repair operations. The
owner of a vehicle towed under the provisions of this Section shall be
entitled to any hearing or review of the towing of such vehicle as provided
by State or local law.
(Source: P.A. 97-779, eff. 7-13-12.)
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(65 ILCS 5/Art. 11 Div. 41 heading) DIVISION 41.
REGULATION IN SPECIAL CHARTER
MUNICIPALITIES
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(65 ILCS 5/11-41-1) (from Ch. 24, par. 11-41-1)
Sec. 11-41-1.
Any city, village, or incorporated town incorporated under
any special law of this state, except those having a population of more
than 100,000 but less than 200,000 inhabitants, subject to "The Illinois
Vehicle Code", as now and hereafter amended, may, by ordinance, direct,
license and control all wagons and other vehicles conveying loads within
the city, village or incorporated town, or any particular class of such
wagons and other vehicles, and prescribe the width and tire of the
same. The license fees when collected shall be kept as a separate
fund and used only for paying the cost and expense of street or alley improvement
or repair. No person shall be required
to pay any such vehicle license tax by any municipality in this state, except
the municipality in which he resides. No firm or corporation shall be required
to pay any such vehicle license tax in any municipality in this state except
the one in which such firm or corporation maintains and conducts its principal
place of business in this state.
(Source: P.A. 82-733.)
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(65 ILCS 5/11-41-2) (from Ch. 24, par. 11-41-2)
Sec. 11-41-2.
Any such city, village or incorporated town shall have power,
by ordinance, to provide such rules, and make such regulations as are
proper or necessary to carry into effect the powers granted by this
Division 41, with such fines or penalties as the city council or board of
trustees shall deem proper. However, no offense shall be classified in
excess of a Class B misdemeanor.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art 11 prec Div 42 heading)
POWERS OVER CERTAIN BUSINESSES
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(65 ILCS 5/Art. 11 Div. 42 heading) DIVISION 42.
POWERS OVER CERTAIN BUSINESSES
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(65 ILCS 5/11-42-1) (from Ch. 24, par. 11-42-1)
Sec. 11-42-1.
The corporate authorities of each municipality may license,
tax, and regulate auctioneers, private detectives, demolition contractors,
money changers, bankers, brokers other than insurance brokers, barbers, and the
keepers or owners of lumber yards, lumber storehouses, livery stables, public
scales, ice cream parlors, coffee houses, florists, detective agencies, barber
shops and sellers of tickets for theatricals, shows, amusements, athletic
events and other exhibitions at a place other than the theatre or location
where the theatricals, shows, amusements, athletic events and other exhibitions
are given or exhibited. No municipality may impose a tax under this Section, or impose any other amusement or exhibition tax, on ticket sales, membership fees, or any other charges for attending exhibitions or attractions associated with a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act, nor may any municipality impose a duty to collect a tax under this Section, or any other amusement or exhibition tax, on any owner or operator of a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act.
(Source: P.A. 96-1516, eff. 2-4-11.)
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(65 ILCS 5/11-42-2) (from Ch. 24, par. 11-42-2)
Sec. 11-42-2.
The corporate authorities of each municipality may license,
tax, regulate, or prohibit pinball, or bowling alleys, billiard, bagatelle,
pigeon-hole, pool, or any other tables or implements kept for a similar
purpose in any place of public resort.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-3) (from Ch. 24, par. 11-42-3)
Sec. 11-42-3.
The corporate authorities of each municipality may license,
tax, locate, and regulate all places of business of dealers in junk,
dismantled or wrecked motor vehicles or parts thereof, rags, and any
second-hand article whatsoever.
The corporate authorities also may forbid any person from purchasing or
receiving from minors without the written consent of their parents or
guardians, any article whatsoever.
(Source: Laws 1967, p. 3082.)
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(65 ILCS 5/11-42-4) (from Ch. 24, par. 11-42-4)
Sec. 11-42-4.
The corporate authorities of each municipality may license,
tax, regulate, and prohibit runners for cabs, busses, railroads, ships,
hotels, public houses, and other similar businesses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-5) (from Ch. 24, par. 11-42-5)
Sec. 11-42-5.
The corporate authorities of each municipality may license,
tax, regulate, or prohibit hawkers, peddlers, pawnbrokers, itinerant
merchants, transient vendors of merchandise, theatricals and other
exhibitions, shows, and amusements and may license, tax, and regulate all
places for eating or amusement. No municipality may impose a tax under this Section, or impose any other amusement or exhibition tax, on ticket sales, membership fees, or any other charges for attending exhibitions or attractions associated with a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act, nor may any municipality impose a duty to collect a tax under this Section, or any other amusement or exhibition tax, on any owner or operator of a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act.
(Source: P.A. 96-1516, eff. 2-4-11.)
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(65 ILCS 5/11-42-6) (from Ch. 24, par. 11-42-6)
Sec. 11-42-6.
The corporate authorities of each municipality may license,
tax, and regulate hackmen, draymen, omnibus drivers, carters, cabmen,
porters, expressmen, and all others pursuing like occupations, and may
prescribe their compensation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-7) (from Ch. 24, par. 11-42-7)
Sec. 11-42-7.
The corporate authorities of each municipality may locate and
regulate the use and construction of packing houses, factories for the
making of tallow candles, fertilizers, or soap, and tanneries within the
municipality, and within the distance of one mile beyond the municipal
limits.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-8) (from Ch. 24, par. 11-42-8)
Sec. 11-42-8.
The corporate authorities of each municipality may locate and
regulate the use and construction of breweries, distilleries, livery,
boarding, or sale stables, blacksmith shops, foundries, machine shops,
garages, parking lots, camps accommodating persons in house trailers, house
cars, cabins or tents, laundries, and bathing beaches.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-8a) (from Ch. 24, par. 11-42-8a)
Sec. 11-42-8a.
The provisions of Section 14 of the "Mobile Home Park
Act", approved September 8, 1971, as amended, are incorporated
herein by reference and made a part hereof to the same extent as if such
provisions were included herein.
(Source: P.A. 85-565.)
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(65 ILCS 5/11-42-8b) (from Ch. 24, par. 11-42-8b)
Sec. 11-42-8b.
For the purposes of Section 11-42-8a, "trailer coach park"
shall include, in its meaning, "trailer park" and "camp accommodating
persons in house trailers"; and "trailer coach" shall include, in its
meaning, "house trailer."
(Source: Laws 1963, p. 59.)
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(65 ILCS 5/11-42-9) (from Ch. 24, par. 11-42-9)
Sec. 11-42-9.
The corporate authorities of each municipality may prohibit
any offensive or unwholesome business or establishment within the
municipality and within the distance of one mile beyond the municipal
limits.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-10) (from Ch. 24, par. 11-42-10)
Sec. 11-42-10.
The corporate authorities of each municipality may compel
the owner of any grocery, cellar, soap or tallow chandlery, tannery,
stable, pigsty, privy, sewer, or other unwholesome or nauseous house or
place, to cleanse, abate, or remove the same, and to regulate the location
thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-10.1)
Sec. 11-42-10.1.
The corporate authorities of each municipality may
license or regulate businesses operating as a public accommodation that permit
the consumption of alcoholic liquor on the business premises and that are not
licensed under the Liquor Control Act of 1934. For purposes of this Section,
"public accommodation" means a refreshment,
entertainment, or recreation facility of any kind, whether licensed or not,
whose goods, services, facilities, privileges, or advantages are extended,
offered, sold, or otherwise made available to the public.
(Source: P.A. 92-696, eff. 7-19-02.)
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(65 ILCS 5/11-42-10.2)
Sec. 11-42-10.2. Regulation and licensure; adult entertainment facility. (a) The corporate authorities of each municipality having a population of less than 750,000 may
license or regulate any business (i) that is operating
as an adult entertainment facility; (ii) that permits the consumption of alcoholic
liquor on the business premises; and (iii) that is not
licensed under the Liquor Control Act of 1934. (b) For purposes of this Section, "adult entertainment facility" means that term as it is defined in Section 11-5-1.5.
(Source: P.A. 94-401, eff. 8-2-05.) |
(65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
Sec. 11-42-11. Community antenna television systems; satellite transmitted
television programming.
(a) The corporate authorities of each municipality may
license, franchise and tax the business of operating a community antenna
television system as hereinafter defined. In municipalities with less
than 2,000,000 inhabitants, the corporate authorities may, under the limited
circumstances set forth in this Section, own (or lease as
lessee) and operate a community antenna television system; provided that a
municipality may not acquire,
construct,
own, or operate a community antenna television system
for the use
or benefit
of private consumers or users, and may not charge a fee for that consumption or
use,
unless the proposition to acquire, construct, own, or operate a cable antenna
television system has been submitted to and approved by the electors
of the municipality in accordance with subsection (f).
Before
acquiring, constructing, or commencing operation of a community antenna
television system, the municipality shall comply with the following:
(1) Give written notice to the owner or operator of | ||
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(2) Publish a notice of the hearing in 2 or more | ||
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(3) Conduct a public hearing to determine the means | ||
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(b) The words "community antenna television system" shall mean any facility
which is constructed in whole or in part in, on, under or over any highway
or other public place and which is operated to perform for hire the service
of receiving and amplifying the signals broadcast by one or more television
stations and redistributing such signals by wire, cable or other means to
members of the public who subscribe to such service; except that such
definition shall not include (i) any system which serves fewer than fifty
subscribers, or (ii) any system which serves only the residents of one or
more apartment dwellings under common ownership, control or management, and
commercial establishments located on the premises of such dwellings.
(c) The authority hereby granted does not include authority to license,
franchise or tax telephone companies subject to jurisdiction of the
Illinois Commerce Commission or the Federal Communications Commission in
connection with the furnishing of circuits, wires, cables, and other
facilities to the operator of a community antenna television system.
(c-1) Each franchise entered into by a municipality and a community antenna television system shall include the customer service and privacy standards and protections contained in Article XXII of the Public Utilities Act. A franchise may not contain different penalties or consumer service and privacy standards and protections. Each franchise entered into by a municipality and a community antenna television system before June 30, 2007 (the effective date of Public Act 95-9)
shall be amended by this Section to incorporate the penalty provisions and customer service and privacy standards and protections contained in Article XXII of the Public Utilities Act.
The corporate authorities of each municipality may, in the course of
franchising such community antenna television system, grant to such franchisee
the authority and the right and permission to use all public streets, rights
of way, alleys, ways for public service facilities, parks, playgrounds,
school grounds, or other public grounds, in which such municipality may
have an interest, for the construction, installation, operation, maintenance,
alteration, addition, extension or improvement of a community antenna
television system.
Any charge imposed by a community antenna television system franchised
pursuant to this Section for the raising or removal of cables or lines to
permit passage on, to or from a street shall not exceed the reasonable
costs of work reasonably necessary to safely permit such passage. Pursuant
to subsections (h) and (i) of Section 6 of Article VII of the Constitution
of the State of Illinois, the General Assembly declares the regulation of
charges which may be imposed by community antenna television systems for
the raising or removal of cables or lines to permit passage on, to or from
streets is a power or function to be exercised exclusively by the State and
not to be exercised or performed concurrently with the State by any unit of
local government, including any home rule unit.
The municipality may, upon written request by the franchisee of a community
antenna television system, exercise its right of eminent domain
solely for the purpose of granting an easement right no greater than 8 feet
in width, extending no greater than 8 feet from any lot line for the purpose
of extending cable across any parcel of property in the manner provided
by the law of eminent domain, provided, however, such franchisee deposits
with the municipality sufficient security to pay all costs incurred by the
municipality in the exercise of its right of eminent domain.
(d) The General Assembly finds and declares that satellite-transmitted
television programming should be available to those who desire to subscribe
to such programming and that decoding devices should be obtainable at
reasonable prices by those who are unable to obtain satellite-transmitted
television programming through duly franchised community antenna television
systems.
In any instance in which a person is unable to obtain
satellite-transmitted television programming through a duly franchised
community antenna television system either because the municipality and
county in which such person resides has not granted a franchise to operate
and maintain a community antenna television system, or because the duly
franchised community antenna television system operator does not make cable
television services available to such person, any programming company that
delivers satellite-transmitted television programming in scrambled or
encrypted form shall ensure that devices for description of such programming
are made available to such person, through the local community antenna
television operator or directly, for purchase or lease at prices reasonably
related to the cost of manufacture and distribution of such devices.
(e) The General Assembly finds and declares that, in order to ensure that
community antenna television services are provided in an orderly,
competitive and economically sound manner, the best interests of the public
will be served by the establishment of certain minimum standards and
procedures for the granting of additional cable television franchises.
Subject to the provisions of this subsection, the authority
granted under subsection (a) hereof shall include the authority to license,
franchise and tax more than one cable operator to provide community antenna
television services within the corporate limits of a single franchising
authority. For purposes of this subsection (e), the term:
(i) "Existing cable television franchise" means a | ||
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(ii) "Additional cable television franchise" means a | ||
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(iii) "Franchising Authority" is defined as that term | ||
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(iv) "Cable operator" is defined as that term is | ||
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Before granting an additional cable television franchise, the franchising
authority shall:
(1) Give written notice to the owner or operator of | ||
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(2) Conduct a public hearing to determine the public | ||
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(3) Determine, based upon the foregoing factors, | ||
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(4) If the franchising authority shall determine that | ||
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(5) Unless the existing cable television franchise | ||
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If within the 120 day period the franchising | ||
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No municipality shall be subject to suit for damages based upon the
municipality's determination to grant or its refusal to grant an additional
cable television franchise, provided that a
public hearing as herein provided has been held and the franchising
authority has determined that it is in the best interest of the
municipality to grant or refuse to grant such additional franchise, as
the
case may be.
It is declared to be the law of this State, pursuant to paragraphs (h)
and (i) of Section 6 of Article VII of the Illinois Constitution, that the
establishment of minimum standards and procedures for the granting of
additional cable television franchises by municipalities with a population
less than 1,000,000 as provided in this subsection (e) is an exclusive
State power and function that may not be exercised concurrently by a home
rule unit.
(f) No municipality may acquire, construct, own, or operate a community
antenna
television system
unless the corporate authorities adopt
an
ordinance. The ordinance must set forth the action proposed; describe the
plant,
equipment, and property to be acquired or constructed; and specifically
describe the
manner in which the construction, acquisition, and operation of the system
will
be financed.
The ordinance may not take effect until the question of acquiring,
construction,
owning, or operating a community antenna television system
has been
submitted to the electors of the municipality at a regular election and
approved by a
majority of the electors voting on the question. The corporate authorities
must certify the
question to the proper election authority, which must submit the question at an
election in
accordance with the Election Code.
The question must be submitted in substantially the following form:
Shall the ordinance authorizing the municipality to | ||
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The votes must be recorded as "Yes" or "No".
If a majority of electors voting on the question vote in the affirmative, the
ordinance shall take effect.
Not more than 30 or less than 15 days before the date of the referendum, the
municipal clerk must publish the ordinance at least once in one or more
newspapers
published in the municipality or, if no newspaper is published in the
municipality, in one
or more newspapers of general circulation within the municipality.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
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(65 ILCS 5/11-42-11.05)
Sec. 11-42-11.05. Municipal franchise fee or service provider fee review; requests for information. (a) If pursuant to its franchise agreement with a community antenna television system (CATV) operator, a municipality imposes a franchise fee authorized by 47 U.S.C. 542 or
if
a
community
antenna
television
system
(CATV)
operator
providing
cable
or
video
service
in
that
municipality
is
required
to
pay
the
service
provider
fees
imposed
by
the
Cable
and
Video
Competition
Law
of
2007, then the municipality may conduct an audit of that CATV operator's franchise fees or service provider fees derived from the provision of cable and video services to subscribers within the franchise area to determine whether the amount of franchise fees or service provider fees paid by that CATV operator to the municipality was accurate. Any audit conducted under this subsection (a) shall determine, for a period of not more than 4 years after the date the franchise fees or service provider fees were due, any overpayment or underpayment to the municipality by the CATV operator, and the amount due to the municipality or CATV operator is limited to the net difference. (b) Not more than once every 2 years, a municipality or its agent that is authorized to perform an audit as set forth in subsection (a) of this Section may, subject to the limitations and protections stated in the Local Government Taxpayers' Bill of Rights Act, request information from the CATV operator in the format maintained by the CATV operator in the ordinary course of its business that the municipality reasonably requires in order to perform an audit under subsection (a). The information that may be requested by the municipality includes without limitation the following: (1) in an electronic format used by the CATV operator | ||
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(2) in a format used by the CATV operator in the | ||
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(c) The CATV operator must provide the information requested under subsection (b) within: (1) 60 days after the receipt of the request if the | ||
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(2) 90 days after the receipt of the request if the | ||
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The time in which a CATV operator must provide the information requested under subsection (b) may be extended by written agreement between the municipality or its agent and the CATV operator. (c-5) The
municipality
or
its
agent
must
provide
an
initial
report
of
its
audit
findings
to
the
CATV
operator
no
later
than
90
days
after
the
information
set
forth
in
subsection
(b)
of this Section has
been
provided
by
the
CATV
operator.
This
90-day
timeline
may
be
extended
one
time
by
written
agreement
between
the
municipality
or
its
agents
and
the
CATV
operator.
However,
in
no
event
shall
an
extension
of
time
exceed
90
days.
This
initial
report
of
audit
findings
shall
detail
the
basis
of
its
findings
and
provide,
but
not
be
limited
to,
the
following
information:
(i)
any
overpayments
of
franchise
fees
or
service
provider
fees,
(ii)
any
underpayments
of
franchise
fees
or
service
provider
fees,
(iii)
the complete list of all addresses within the corporate limits of the municipality for which the audit is being conducted, (iv) all
municipal
addresses
that
should
be
included
in
the
CATV
operator's
database
and
attributable
to
that
municipality
for
determination
of
franchise
fees
or
service
provider
fees,
and
(v)
addresses
that
should
not
be
included
in
the
CATV
operator's
database
and
addresses
that
are
not
attributable
to
that
municipality
for
determination
of
franchise
fees
or
service
provider
fees.
Generally
accepted
auditing
standards
shall
be
utilized
by
the
municipality
and
its
agents
in
its
review
of
information
provided
by
the
CATV
operator. (c-10)
In
the
event
that
the
municipality
or
its
agent
does
not
provide
the
initial
report
of
the
audit
findings
to
the
CATV
operator
with
the
timeframes
set
forth
in
subsection
(c-5) of this Section,
then
the
audit
shall
be
deemed
completed
and
to
have
conclusively
found
that
there
was
no
overpayment
or
underpayment
by
the
CATV
operator
for the audit period. Further, the municipality may not thereafter commence or conduct any such audit for the same audit period or for any part of that same audit period. (d) If an audit by the municipality or its agents finds an error by the CATV operator in the amount of the franchise fees or service provider fees paid by the CATV operator to the municipality, then the municipality shall notify the CATV operator of the error. Any such notice must be given to the CATV operator by the municipality or its agent within 90 days after the municipality or its agent discovers the error, and no later than 4 years after the date the franchise fee or service provider fee was due. Upon such a notice, the CATV operator must submit a written response within 60 days after receipt of the notice stating that the CATV operator has corrected the error on a prospective basis or stating the reason that the error is inapplicable or inaccurate. The municipality or its agent then has 60 days after the receipt of the CATV operator's response to review and contest the conclusion of the CATV operator. No legal proceeding to collect a deficiency or overpayment based upon an alleged error shall be commenced unless within 180 days after the municipality's notification of the error to the CATV operator the parties are unable to agree on the disposition of the audit findings. Any
legal
proceeding
to
collect
a
deficiency
as
set
forth
in
this subsection
(d)
shall
be
filed
in
the
appropriate
circuit
court. (e) No CATV operator is liable for any error in past franchise fee or service provider fee payments that was unknown by the CATV operator prior to the audit process unless (i) the error was due to negligence on the part of the CATV operator in the collection or processing of required data and (ii) the municipality had not failed to respond in writing in a timely manner to any written request of the CATV operator to review and correct information used by the CATV operator to calculate the appropriate franchise fees or service provider fees if a diligent review of such information by the municipality reasonably could have been expected to discover such error. (f) All account specific information provided by a CATV operator under this Section may be used only for the purpose of an audit conducted under this Section and the enforcement of any franchise fee or service provider fee delinquent claim. All such information must be held in strict confidence by the municipality and its agents and may not be disclosed to the public under the Freedom of Information Act or under any other similar statutes allowing for or requiring public disclosure. (f-5)
All
contracts
by
and
between
a
municipality
and
a
third
party
for
the
purposes
of
conducting
an
audit
as
contemplated
in
this
Article
shall
be
disclosed
to
the
public
under
the
Freedom
of
Information
Act
or
under
similar
statutes
allowing
for
or
requiring
public
disclosure. (g) For the purposes of this Section, "CATV operator" means a person or entity that provides cable and video services under a franchise agreement with a municipality pursuant to Section 11-42-11 of the Municipal Code and a holder authorized under Section 21-401 of the Cable and Video Competition Law of 2007 as consistent with Section 21-901 of that Law. (h) This Section does not apply to any action that was commenced, to any complaint that was filed, or to any audit that was commenced before the effective date of this amendatory Act of the 96th General Assembly. This Section also does not apply to any franchise agreement that was entered into before the effective date of this amendatory Act of the 96th General Assembly. (h-5) The audit procedures set forth in this Section shall be the exclusive audit procedures for: (i) any franchise agreement entered into, amended, or renewed on or after the effective date of this amendatory Act of the 100th General Assembly; and (ii) any franchise fee or service provider fee audit of a CATV operator commenced on or after the effective date of this amendatory Act of the 100th General Assembly. (i) The provisions of this Section shall not be construed as diminishing or replacing any civil remedy available to a municipality, taxpayer, or tax collector. (j) If a contingent fee is paid to an auditor, then the payment must be based upon the net difference of the complete audit. (k) A municipality shall provide to each CATV operator an updated complete list of addresses within the corporate limits of the municipality annually. In addition, the municipality shall provide a CATV operator the updated address list within 90 days after the date of a written request by the CATV operator. As a prerequisite to performing an audit of a CATV operator's franchise fees or service provider fees derived from the provision of cable and video services to subscribers within the franchise area, a municipality shall provide to a CATV operator the complete list of addresses within the corporate limits of the municipality for each calendar year subject to the audit. If an address is not included in the list or if no list is provided, the CATV operator shall be held harmless for any franchise fee underpayments, including penalty and interest, from situsing errors if it used a reasonable methodology to assign the address or addresses to a municipality. An address list provided by a municipality to a CATV operator shall be maintained as confidential by the CATV operator and shall only be used by the CATV operator for the purposes of determining the situs of any franchise fee or service provider fee. Any situs issues identified by a CATV provider as a result of the provision of an address list by a municipality to the CATV operator shall first be confirmed in writing to the municipality by the CATV operator prior to the CATV operator making any situs change that may result in a change of allocation of a franchise fee or service provider fee to the municipality. (l) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (m) This Section does not apply to any municipality having a population of more than 1,000,000.
(Source: P.A. 99-6, eff. 6-29-15; 100-945, eff. 8-17-18.) |
(65 ILCS 5/11-42-11.1) (from Ch. 24, par. 11-42-11.1)
Sec. 11-42-11.1.
(a) In any instance in which a municipality has (i)
granted a franchise to any community antenna television company or (ii)
decided for the municipality itself to construct, operate or maintain a
cable television system within a designated area, no property owner,
condominium association, managing agent, lessee or other person in
possession or control of any residential building located within the
designated area shall forbid or prevent any occupant, tenant or lessee of
any such building from receiving cable television service from such
franchisee or municipality, nor demand or accept payment from any such
occupant, tenant or lessee in any form as a condition of permitting the
installation of cable television facilities or the maintenance of cable
television service in any such building or any portion thereof occupied or
leased by such occupant, tenant or lessee, nor shall any such property
owner, condominium association, managing agent, lessee or other person
discriminate in rental charges or otherwise against any occupant, tenant or
lessee receiving cable service; provided, however, that the owner of such
building may require, in exchange and as compensation for permitting the
installation of cable television facilities within and upon such building,
the payment of just compensation by the cable television franchisee which
provides such cable television service, said sum to be determined in
accordance with the provisions of subparagraphs (c) and (d) hereof, and
provided further that the cable television franchisee installing such cable
television facilities shall agree to indemnify the owner of such building
for any damage caused by the installation, operation or removal of such
cable television facilities and service.
No community antenna television company shall install cable television
facilities within a residential building pursuant to this subparagraph (a)
unless an occupant, tenant or lessee of such residential building requests
the delivery of cable television services.
In any instance in which a request for service is made by more than 3
occupants, tenants or lessees of a residential building, the community
antenna television company may install cable television facilities
throughout the building in a manner which enables the community antenna
television company to provide cable television services to occupants,
tenants or lessees of other residential units without requiring the
installation of additional cable television facilities other than within
the residential units occupied by such other occupants, tenants or lessees.
(b) In any instance in which a municipality has (i) granted a franchise
to any community antenna television company or (ii) decided for the
municipality itself to construct, operate or maintain a cable television
system within a designated area, no property owner, condominium
association, managing agent, lessee or other person in possession and
control of any improved or unimproved real estate located within such
designated area shall forbid or prevent such cable television franchisee or
municipality from entering upon such real estate for the purpose of and in
connection with the construction or installation of such cable television
system and cable television facilities, nor shall any such property owner,
condominium association, managing agent, lessee or other person in
possession or control of such real estate forbid or prevent such cable
television franchisee or municipality from constructing or installing upon,
beneath or over such real estate, including any buildings or other
structures located thereon, hardware, cable, equipment, materials or other
cable television facilities utilized by such cable franchisee
or municipality in the construction and installation of such cable
television system; provided, however, that the owner of any such real
estate may require, in exchange and as compensation for permitting the
construction or installation of cable television facilities upon, beneath
or over such real estate, the payment of just compensation by the cable
television franchisee which provides such cable television service, said
sum to be determined in accordance with the provisions of subparagraphs (c)
and (d) hereof, and provided further that the cable television franchisee
constructing or installing such cable television facilities shall agree to
indemnify the owner of such real estate for any damage caused by the
installation, operation or removal of such cable television facilities
and service.
(c) In any instance in which the owner of a residential building or the
owner of improved or unimproved real estate intends to require the payment of
just compensation in excess of $1 in exchange for permitting the installation
of cable television facilities in and upon such building, or upon, beneath
or over such real estate, the owner shall serve written notice thereof upon
the cable television franchisee. Any such notice shall be served within
20 days of the date on which such owner is notified of the cable television
franchisee's intention to construct or install cable television facilities
in and upon such building, or upon, beneath or over such real estate. Unless
timely notice as herein provided is given by the owner to the cable television
franchisee, it will be conclusively presumed that the owner of any such
building or real estate does not claim or intend to require a payment of more
than $1 in exchange and as just compensation for permitting the installation
of cable television facilities within and upon such building, or upon, beneath
or over such real estate. In any instance in which a cable television
franchisee intends to install cable television facilities as herein
provided, written notice of such intention shall be sent by the cable
television franchisee to the property owner or to such person, association
or managing agent as shall have been appointed or otherwise designated to
manage or operate the property. Such notice shall include the address of
the property, the name of the cable television franchisee, and information
as to the time within which the owner may give notice, demand payment as
just compensation and initiate legal proceedings as provided in this
subparagraph (c) and subparagraph (d). In any instance in which a community
antenna television company intends to install cable television facilities
within a residential building containing 12 or more residential units
or upon, beneath, or over real estate that is used as a site for 12 or more
manufactured housing units,
12 or more mobile homes,
or a combination of 12 or more
manufactured housing units and mobile homes, the
written notice shall further provide that the property owner may require
that the community antenna television company submit to the owner written
plans identifying the manner in which cable television facilities are to be
installed, including the proposed location of coaxial cable. Approval of
such plans by the property owner shall not be unreasonably withheld and
such owners' consent to and approval of such plans shall be presumed
unless, within 30 days after receipt thereof, or in the case of a
condominium association, 90 days after receipt thereof, the property owner
identifies in writing the specific manner in which such plans deviate from
generally accepted construction or safety standards, and unless the
property owner contemporaneously submits an alternative construction plan
providing for the installation of cable television facilities in an
economically feasible manner. The community antenna television company may
proceed with the plans originally submitted if an alternative plan is not
submitted by the property owner within 30 days, or in the case of a
condominium association, 90 days, or if an alternative plan submitted by
the property owner fails to comply with generally accepted construction and
safety standards or does not provide for the installation of cable
television facilities in an economically feasible manner.
For purposes of this subsection, "mobile home" and "manufactured housing
unit" have
the same meaning as in the Illinois Manufactured Housing and Mobile Home Safety
Act.
(d) Any owner of a residential building described in subparagraph (a),
and any owner of improved or unimproved real estate described in subparagraph
(b), who shall have given timely written notice to the cable television
franchisee as provided in subparagraph (c), may assert a claim for just
compensation in excess of $1 for permitting the installation of cable
television facilities within and upon such building, or upon, beneath or
over such real estate. Within 30 days after notice has been given in
accordance with subparagraph (c), the owner shall advise the cable
television franchisee in writing of the amount claimed as just
compensation. If within 60 days after the receipt of the owner's claim,
the cable television franchisee has not agreed to pay the amount claimed or
some other amount acceptable to the owner, the owner may bring suit to
enforce such claim for just compensation in any court of competent
jurisdiction and, upon timely demand, may require that the amount of just
compensation be determined by a jury. Any such action shall be commenced
within 6 months of the notice given by the cable television franchisee
pursuant to subparagraph (c) hereof. In any action brought to determine
such amount, the owner may submit evidence of a decrease in the fair market
value of the property occasioned by the installation or location of the
cable on the property, that the owner has a specific alternative use for
the space occupied by cable television facilities, the loss of which will
result in a monetary loss to the owner, or that installation of cable
television facilities within and upon such building or upon, beneath or
over such real estate otherwise substantially interferes with the use and
occupancy of such building to an extent which causes a decrease in the fair
market value of such building or real estate.
(e) Neither the giving of a notice by the owner under subparagraph
(c), nor the assertion of a specific claim, nor the initiation of legal
action to enforce such claim, as provided under subparagraph (d), shall
delay or impair the right of the cable television franchisee to construct
or install cable television facilities and maintain cable television
services within or upon any building described in subparagraph (a) or upon,
beneath or over real estate described in subparagraph (b).
(f) Notwithstanding the foregoing, no community antenna television
company or municipality shall enter upon any real estate or rights of way
in the possession or control of any public utility, railroad or owner or
operator of an oil, petroleum product, chemical or gas pipeline to install
or remove cable television facilities or to provide underground maintenance
or repair services with respect thereto, prior to delivery to the public
utility, railroad or pipeline owner or operator of written notice of intent
to enter, install, maintain, or remove. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in control of a railroad, the right to enter upon includes the installation, construction, operation, repair, maintenance, or removal of wire, cable, fiber, conduit, or related facilities that are at, above, or below grade and that cross the real estate or rights-of-way in a manner that runs generally perpendicular to the railroad tracks or railroad right-of-way. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in the control of a railroad, the right to enter upon does not apply to wire, cable, fiber, conduit, or related facilities that run along, within, and generally parallel to, but do not cross, the railroad tracks or railroad right-of-way. No entry shall be made until at
least 30 days after receipt of such written notice. Such written
notice, which shall be delivered to the registered agent of such public
utility, railroad or pipeline owner or operator shall include the following
information:
(i) The date of the proposed installation, | ||
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(ii) The manner and method of, and the detailed | ||
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(iii) The location of the proposed entry and path of | ||
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(iv) The written agreement of the community antenna | ||
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(v) A statement, based upon information available to | ||
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For purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in control of a railroad, "community antenna television company" includes a holder, cable operator, or broadband service provider, as those terms are defined in Section 21-201 of the Public Utilities Act.
Within 30 days of receipt of the written prior notice of entry
the public utility, railroad or pipeline owner or operator shall investigate
and determine whether or not the proposed entry and installation or repair,
maintenance, or removal would create a dangerous condition threatening the
safety of the public or the safety of its employees or threatening to cause
an interruption of the furnishing of vital transportation, utility or pipeline
services and upon so finding shall so notify the community antenna television
company or municipality of such decision in writing. Initial determination
of the existence of such a dangerous condition or interruption of services
shall be made by the public utility, railroad or pipeline owner or operator
whose real estate or right of way is involved. In the event that the
community antenna television company or municipality disagrees with such
determination, a determination of whether such entry and installation,
maintenance, repair, or removal would create such a dangerous condition or
interrupt services shall, upon application of the community antenna television company, be made by the Illinois Commerce Commission Transportation Division in accordance with the Commission's Rail Safety Program. An initial written determination of a public utility,
railroad, or pipeline owner or operator timely made and transmitted to the
community antenna television company or municipality, in the absence of a
determination by the Illinois Commerce Commission Transportation Division, in accordance with the Commission's Rail Safety Program, or a court of competent jurisdiction finding to the contrary,
bars the entry of the community antenna television company or municipality
upon the real estate or right of way for any purpose.
Any public utility, railroad or pipeline owner or operator may assert
a written claim against any community antenna television company for just
compensation within 30 days after written notice has been given in accordance
with this subparagraph (f). If, within 60 days after the receipt of such
claim for compensation, the community antenna television company has not
agreed to the amount claimed or some other amount acceptable to the public
utility, railroad or pipeline owner or operator, the public utility, railroad
or pipeline owner or operator may bring suit to enforce such claim for just
compensation in any court of competent jurisdiction and, upon timely demand,
may require that the amount of just compensation be determined by a jury.
Any such action shall be commenced within 6 months of the notice provided
for in this subparagraph (f). In any action brought to determine such just
compensation, the public utility, railroad or pipeline owner or operator
may submit such evidence as may be relevant to the issue of just compensation.
Neither the assertion of a claim for compensation nor the initiation of
legal action to enforce such claim shall delay or impair the right of the
community antenna television company to construct or install cable television
facilities upon any real estate or rights of way of any public utility,
railroad or pipeline owner or operator.
To the extent that the public utility, railroad, or owner or operator
of an oil, petroleum product, chemical or gas pipeline deems it appropriate
to supervise, monitor or otherwise assist the community antenna television
company in connection with the installation, maintenance, repair or removal
of cable television facilities upon such real estate or rights of way, the
community antenna television company shall reimburse the public utility,
railroad or owner or operator of an oil, petroleum product, chemical or gas
pipeline for costs reasonable and actually incurred in connection therewith.
The provisions of this subparagraph (f) shall not be applicable to any
easements, rights of way or ways for public service facilities in which
public utilities, other than railroads, have any interest pursuant to "An
Act to revise the law in relation to plats", approved March 21, 1874,
as amended, and all ordinances enacted pursuant thereto. Such easements,
rights of way and ways for public service facilities are hereby declared to
be apportionable and upon written request by a community antenna television
company, public utilities shall make such easements, rights of way and ways
for public service facilities available for the construction, maintenance,
repair or removal of cable television facilities provided that such
construction, maintenance, repair or removal does not create a dangerous
condition threatening the safety of the public or the safety of such public
utility employees or threatening to cause an interruption of the furnishing
of vital utility service. Initial determination of the existence of such a
dangerous condition or interruption of services shall be made by the public
utility whose easement, right of way or way for public service facility is
involved. In the event the community antenna television company or
municipality disagrees with such determination, a determination of whether
such construction, maintenance, repair or removal would create such a
dangerous condition or threaten to interrupt vital utility services, shall
be made by a court of competent jurisdiction upon the application of such
community antenna television company.
If a municipality notifies or a municipality requires a developer to
notify
a public
utility before or after issuing a permit or other authorization for the
construction of
residential buildings, then the municipality or developer shall, at the same
time, similarly
notify any community antenna television system franchised by or within that
municipality.
In addition to such other notices as may be required by this subparagraph
(f), a community antenna television company or municipality shall not
enter upon the real estate or rights of way of any public utility, railroad
or pipeline owner or operator for the purposes of above-ground maintenance
or repair of its television cable facilities without giving 96 hours prior
written notice to the registered agent of the public utility, railroad or
pipeline owner or operator involved, or in the case of a public utility,
notice may be given through the statewide one-call notice system provided
for by General Order of the Illinois Commerce Commission or, if in Chicago,
through the system known as the Chicago Utility Alert Network.
(Source: P.A. 100-251, eff. 8-22-17.)
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(65 ILCS 5/11-42-11.2) Sec. 11-42-11.2. Cable and video competition. (a) A person or entity seeking to provide cable service or video service in this State after June 30, 2007 (the effective date of Public Act 95-9)
shall either (1) obtain a State-issued authorization pursuant to Section 21-401
of the Public Utilities Act; (2) obtain authorization pursuant to Section 11-42-11 of the Illinois Municipal Code; or (3) obtain authorization pursuant to Section 5-1095 of the Counties Code. All providers offering or providing cable or video service in this State shall have authorization pursuant to either (i) the Cable and Video Competition Law of 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; or (iii) Section 5-1095 of the Counties Code. (b) A person or entity seeking to provide cable service or video service in this State after June 30, 2007 (the effective date of Public Act 95-9)
shall not use the public rights-of-way for the installation or construction of facilities for the provision of cable service or video service or offer cable service or video service until it has (i) obtained a State-issued authorization to offer or provide cable or video service under Section 21-401
of the Public Utilities Act; (ii) obtained authorization under Section 11-42-11 of the Illinois Municipal Code; or (iii) obtained authorization under Section 5-1095 of the Counties Code. Nothing in this Section shall prohibit a local unit of government from granting a permit to a person or entity for the use of the public rights-of-way to install or construct facilities to provide cable service or video service, at its sole discretion. No unit of local government shall be liable for denial or delay of a permit prior to the issuance of a State-issued authorization. (c) For the purposes of subsection (e) of Section 11-42-11 of this Code, a State-issued authorization under
Article XXI of the Public Utilities Act shall be considered substantially equivalent in terms and conditions as an existing cable provider. (d) Nothing in
Article XXI of the Public Utilities Act shall constitute a basis for modification of an existing cable franchise or an injunction against or for the recovery of damages from a municipality pursuant to Section 11-42-11 because of an application for or the issuance of a State-issued authorization under
that Article XXI.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(65 ILCS 5/11-42-12) (from Ch. 24, par. 11-42-12)
Sec. 11-42-12.
The corporate authorities of each municipality may license
and regulate parking garages, lots and ramps. They may require that the
owner of a parking garage, lot or ramp post a bond in an amount established
by ordinance to assure the payment of any damages to vehicles while under
the control of a parking garage, lot or ramp. The words "parking garages,
lots and ramps" as herein used do not include private parking garages, lots
and ramps operated for the sole use of the owner, his employees, agents,
and customers.
(Source: Laws 1968, p. 515.)
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(65 ILCS 5/11-42-13) (from Ch. 24, par. 11-42-13)
Sec. 11-42-13.
The corporate authorities of each
municipality may require that an "arborist or tree expert", as defined in
this Section, be registered by the
municipality to do business
within that municipality. As used in this Section, "arborist or tree
expert" means any person who, for profit, diagnoses the
condition of shade or ornamental trees and shrubs and recommends or supervises the
treatment of any such trees, or in any manner treats any such trees, by
feeding or fertilizing, or by pruning, trimming, bracing, treating cavities
or other methods. However no municipality may charge a fee for such registration. Any
person acting within the scope of his or her employment with any public utility shall be
exempt from such registration. Any municipality which requires such
registration may exempt from such registration any person
acting within the scope of his or her employment with the municipality.
(Source: P.A. 85-854.)
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(65 ILCS 5/11-42-14) (from Ch. 24, par. 11-42-14)
Sec. 11-42-14.
Landscape waste.
The corporate authorities of a
municipality may register certain persons in the landscape maintenance
business or in the business of generating landscape waste as defined in
the Environmental Protection Act. No municipality may, however, charge a
fee for that registration.
A municipality that requires registration may exempt any person
acting within the scope of his or her employment with the municipality.
A person acting within the scope of his or her employment
with a public utility and a person who is an "applicator for hire" as
defined in the Lawn Care Products Application and Notice Act are
exempt from this Section.
(Source: P.A. 86-1470.)
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(65 ILCS 5/11-42-15) Sec. 11-42-15. Wind energy systems. For electric generating wind devices other than those with a nameplate generating capacity of less than 100 kilowatts that are used primarily by an end user, a municipality may prohibit any electric generating wind device from locating within its corporate limits, provided that the regulation is not inconsistent with another municipality's zoning regulation. This Section shall apply only to electric generating wind devices permitted after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-204, eff. 8-9-13.) |
(65 ILCS 5/11-42-16) Sec. 11-42-16. Household goods recycling bins. (a) Notwithstanding any other provision of law, any municipality may by ordinance require that all household goods recycling bins have a permanent, written, printed label affixed to the bin that is
prominently displayed and includes the following: (1) the name, address, and contact
information of the person or entity owning, operating, or maintaining that bin; and (2) whether the person or entity owning, operating, or maintaining the bin is a not for
profit entity or a for profit entity. (b) As used in this Section: "Household goods recycling bin" or "bin" means a container or
receptacle held out to the public as a place for people to discard clothes, shoes,
books, and other recyclable items until they are taken away for resale, re-use, recycling, or
redistribution by the person or entity that owns, operates, or maintains the bin. "Not for profit entity" means any entity that is officially recognized by the United States Internal Revenue Service as a tax-exempt entity described in Section 501(c)(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law).
(Source: P.A. 98-1116, eff. 1-1-15.) |
(65 ILCS 5/11-42-17) Sec. 11-42-17. COVID-19 business relief; waiver of business fees, costs, and licensing. Notwithstanding any other provision of law, the corporate authorities of a municipality may, by resolution, waive or provide credit for any application or permit costs, fees or other licensing or registration costs for businesses, including, but not limited to, professional or business licensing, liquor licenses, construction, insurance, sales, builders, contractors, food service, delivery, repair, consultation, legal services, accounting, transportation, manufacturing, technology, assembly, tourism, entertainment, or any business, industry, or service the municipality is permitted by law to regulate or license. A waiver of business fees or costs shall be subject to an application or review process and a demonstration of need based upon any financial or logistical hardship as a result of the COVID 19 pandemic. Any such waiver or credit shall not be construed to apply to any of the business and licensing costs of the state or any of its agencies or departments and is not an exemption from safety, health, or regulatory requirements or inspections of a county, municipality, or the State.
(Source: P.A. 102-435, eff. 8-20-21.) |
(65 ILCS 5/Art. 11 Div. 42.1 heading) DIVISION 42.1.
PUBLIC CONTRACTS
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(65 ILCS 5/11-42.1-1) (from Ch. 24, par. 11-42.1-1)
Sec. 11-42.1-1.
(a) Except as provided otherwise in this Section, a
municipality may not enter into a contract or agreement with an individual
or other entity that is delinquent in the payment of any tax administered
by the Department of Revenue unless the individual or other entity is
contesting, in accordance with the procedures established by the
appropriate revenue Act, its liability for the tax or the amount of tax.
Before awarding a contract, the municipality shall obtain a statement under
oath from the individual or entity that no such taxes are delinquent.
Making a false statement is a Class A misdemeanor. In addition, making a
false statement voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in a civil
action. A municipality may not regulate contracts with individuals or
entities that are delinquent in payment of such taxes in a manner
inconsistent with this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule municipalities of
powers and functions exercised by the State.
(b) For purposes of this Section, a person or other entity shall not be
considered delinquent in the payment of a tax if the person or entity
(1) has entered into an agreement with the Department of Revenue for the
payment of all such taxes that are due and (2) is in compliance with the
agreement. In that case, the sworn statement required by subsection (a)
shall state those facts.
(c) Notwithstanding the provisions of subsection (a), a municipality may
enter into a contract with an individual or other entity that is delinquent
in the payment of a tax if the contracting authority for the municipality determines that:
(1) the contract is for goods or services vital to | ||
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(2) the municipality is unable to acquire the goods | ||
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(Source: P.A. 86-1039.)
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(65 ILCS 5/Art 11 prec Div 43 heading)
GENERAL ASSISTANCE
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(65 ILCS 5/Art. 11 Div. 43 heading) DIVISION 43.
GENERAL ASSISTANCE TAX
AND ADMINISTRATION
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(65 ILCS 5/11-43-1) (from Ch. 24, par. 11-43-1)
Sec. 11-43-1.
The corporate authorities of each municipality may levy taxes for and
provide general assistance for persons in need thereof as provided in "The
Illinois Public Aid Code" as now or hereafter amended, in municipalities of
500,000 or more inhabitants. The administration of general assistance in
any such municipality, including the expenditure of the proceeds of taxes
levied and to be levied by the municipality for such purpose, shall be
vested in the county department of public aid of the county in which such
municipality is located, as provided in "The Illinois Public Aid Code". Any
taxes levied or to be levied for such purpose in such municipalities may
also be used for the payment of warrants issued against and in anticipation
of such taxes and accrued interest thereon and for the payment of the cost
of administering such assistance.
(Source: P.A. 77-880.)
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(65 ILCS 5/11-43-2) (from Ch. 24, par. 11-43-2)
Sec. 11-43-2.
Taxes levied by any municipality having a population
of 500,000 or more for general assistance for persons in need thereof as
provided in The Illinois Public Aid Code, as now or hereafter amended,
for each fiscal year shall not exceed the rate of .10% upon the value of
all property therein as that property is equalized or assessed by the
Department of Revenue. Nor shall the rate produce in
excess of the amount needed in that municipality for general assistance
for persons in need thereof.
All money received from these taxes and moneys collected or recovered
by or in behalf of the municipality under The Illinois Public Aid Code
shall be used exclusively for the furnishing of general assistance
within the municipality; for the payment of administrative costs
thereof; and for the payment of warrants issued against and in
anticipation of the general assistance taxes, and accrued interest
thereon. Until January 1, 1974, the treasurer of the municipality, shall
pay all moneys received from general assistance taxes and all the moneys
collected or recovered by or in behalf of the municipality under The
Illinois Public Aid Code into the special fund in the county treasury
established pursuant to Section 12-21.14 of that Code. After December
31, 1973, but not later than June 30, 1979, the treasurer of the
municipality shall pay all moneys received from general assistance taxes
and collections or recoveries directly into the Special Purposes Trust
Fund (now known as the DHS Special Purposes Trust Fund) established by Section 12-10 of The Illinois Public Aid Code.
After June 30, 1979, moneys and funds designated by this Section shall
be paid into the General Revenue Fund as reimbursement for appropriated
funds disbursed.
Upon the filing with the county clerk of a certified copy of an
ordinance levying such taxes, the county clerk shall extend the taxes
upon the books of the collector of state and county taxes within that
municipality in the manner provided in Section 8-3-1 for the extension
of municipal taxes.
(Source: P.A. 99-933, eff. 1-27-17.)
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(65 ILCS 5/Art 11 prec Div 44 heading)
BOATS AND HARBORS
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(65 ILCS 5/Art. 11 Div. 44 heading) DIVISION 44.
BOATS AND HARBOR CONTROL
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(65 ILCS 5/11-44-1) (from Ch. 24, par. 11-44-1)
Sec. 11-44-1.
The corporate authorities of each municipality may regulate
public and private water-landing places, wharves, docks, canals, slips, and
levees.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-2) (from Ch. 24, par. 11-44-2)
Sec. 11-44-2.
The corporate authorities of each municipality may regulate
the anchorage and landing of all water craft and their cargoes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-3) (from Ch. 24, par. 11-44-3)
Sec. 11-44-3.
The corporate authorities of each municipality may license,
regulate, and prohibit water craft used about the harbor, or within the
jurisdiction.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-4) (from Ch. 24, par. 11-44-4)
Sec. 11-44-4.
The corporate authorities of each municipality may fix the
rate of wharfage and dockage.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-5) (from Ch. 24, par. 11-44-5)
Sec. 11-44-5.
The corporate authorities of each municipality may collect
wharfage and dockage from all water craft using any public landing place,
wharf, dock, or levee.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-6) (from Ch. 24, par. 11-44-6)
Sec. 11-44-6.
The corporate authorities of each municipality may regulate
the use of harbors, towing of vessels, and the opening and passing of
bridges.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-7) (from Ch. 24, par. 11-44-7)
Sec. 11-44-7.
The corporate authorities of each municipality may appoint
harbor masters and define their duties.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-44-8) (from Ch. 24, par. 11-44-8)
Sec. 11-44-8.
The powers conferred by Sections 11-44-1 through
11-44-7 shall be exercised in a manner not inconsistent with the
provisions of the "Boat Registration and Safety Act", as heretofore and
hereafter amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 45 heading)
CULTURAL ACTIVITIES
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(65 ILCS 5/Art. 11 Div. 45 heading) DIVISION 45.
MUNICIPAL BAND
AND PERFORMING ARTS
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(65 ILCS 5/11-45-1) (from Ch. 24, par. 11-45-1)
Sec. 11-45-1.
Whenever a municipality with a population of less than 500,000 is
authorized as provided in this Division 45, the municipality may levy
each year a tax not exceeding .04% of the value of the taxable property
within the municipality, as equalized or assessed by the Department of
Revenue, for the maintenance or employment of a
municipal band for musical purposes or for the maintenance and conduct
of programs in the performing arts, or both.
This authority shall be initiated by a petition signed by electors
equal in number to 5% of the number of votes cast at the last preceding
regular municipal election. The petition shall be filed with the
municipal clerk and shall request that the question set forth in Section
11-45-2 be submitted to the electors.
However, municipalities authorized to levy this tax on July 1, 1967
shall have a rate limitation of .04% or the rate limitation in effect on
that date whichever is greater.
The foregoing limitations upon tax rates may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-45-2) (from Ch. 24, par. 11-45-2)
Sec. 11-45-2.
When such a petition is filed, the municipal clerk shall
certify the question for submission by the proper election authority to
the electors at an election in accordance with the general election law.
The question shall be in substantially the following form:
Shall a tax not exceeding ......% be levied each year on all taxable property in the YES ....... of ...... for the purpose of providing a fund for the maintenance or employment of a municipal band for musical purposes and/or for the maintenance, and conduct of NO programs in the performing arts?
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-45-3) (from Ch. 24, par. 11-45-3)
Sec. 11-45-3.
The levy shall be authorized if a majority of the votes cast on the
question are in favor of the levy. The corporate authorities shall then
levy a tax sufficient to maintain or employ such a band or to provide
for the maintenance and conduct of programs in the performing arts, or
both, but not exceeding .04% of the value of the taxable property within
the municipality, as equalized or assessed by the Department of Revenue,
and not exceeding the amount stated in the petition.
This annual tax shall be in addition to the amount authorized to be
levied for general purposes as provided by Section 8-3-1.
Except as provided in Section 11-45-4, all funds derived from this
levy shall be expended as provided in Section 11-45-1.
The foregoing limitation upon the rate of tax may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-45-4) (from Ch. 24, par. 11-45-4)
Sec. 11-45-4.
Whenever a 2 year period has elapsed during which a municipal
band or performing arts activities have not functioned and during the last
year of which the tax authorized by this Division 45 has not been levied,
the municipal authorities may pass an ordinance transferring the
unobligated balance in the band tax fund to the general corporate fund.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-5) (from Ch. 24, par. 11-45-5)
Sec. 11-45-5.
A petition signed by electors equal in number to 5% of
the number of votes cast at the last preceding regular municipal
election may be filed at any time with the corporate authorities
requesting that the following question be submitted to the electors,
to wit: "Shall the power to levy a tax for the purpose of providing a
fund for the maintenance or employment of a municipal band for musical
purposes and/or for the maintenance and conduct of programs in the
performing arts be continued?" The municipal clerk shall certify
this question for submission by the proper election authority at an election
in accordance with the general election law. If a majority of the votes cast on
the question are opposed to such continuation, no further levy for that
purpose shall be made.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-45-6) (from Ch. 24, par. 11-45-6)
Sec. 11-45-6.
Any municipality which, immediately prior to January 1,
1942, had authority as provided in "An Act in relation to the employment
or maintaining of musical bands by municipalities," approved June 26,
1925, as amended, to levy an annual tax for the purpose of providing a
fund for the maintenance or employment of a municipal band for musical
purposes, may continue to levy the tax for that purpose under this
Division 45 without submitting the question of its levy to the electors
for approval, unless the electors vote to cancel the power to levy that
tax. The corporate authorities may, by ordinance or resolution, cause a
portion of the tax to be used to maintain and conduct programs in the
performing arts providing it does not exceed .05% of the value of the
taxable property within the municipality, as equalized or assessed by
the Department of Revenue.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-45-7) (from Ch. 24, par. 11-45-7)
Sec. 11-45-7.
In any municipality which has a population of more than
100,000 and not more than 200,000, which municipality is authorized to levy
the tax authorized in this Division 45, the mayor of such municipality
shall, with the approval of the city council, proceed to appoint a
commission of 5 persons chosen from the citizens at large with reference to
their fitness for such office; and/or in any municipality with a population
of less than 500,000 which levies a "Recreation Tax" under Division 95 of
the Municipal Code, the corporate authorities may designate the
Recreation Board as the commission to conduct and maintain a municipal band
and/or programs in the performing arts.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-8) (from Ch. 24, par. 11-45-8)
Sec. 11-45-8.
The commissioners provided for in Section 11-45-7 in the
specified municipalities shall hold office, one for one year, one for 2
years, one for 3 years, one for 4 years and one for 5 years from the first
day of October, 1947. The mayor shall designate for the original appointees
what term is to be served by each commissioner at the time of appointment.
Thereafter the mayor shall, prior to the first day of October each year,
appoint one commissioner to serve for a term of 5 years and until his
successor is appointed. The mayor may, by and with the consent of the city
council, remove any commissioner for misconduct or neglect of duty. No
commissioner appointed hereunder, shall be interested in any supplies or
contract with the commission, and no commissioner shall receive any
compensation for services as such.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-9) (from Ch. 24, par. 11-45-9)
Sec. 11-45-9.
Vacancies in such office of commissioner occasioned by
removal, resignation or otherwise, shall be filled in like manner as
original appointments, such appointments to be for the unexpired term.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-10) (from Ch. 24, par. 11-45-10)
Sec. 11-45-10.
Such commissioners shall, at the beginning of their term of
office and annually thereafter, meet and organize. The commissioner having
one year to serve shall act as chairman; the commissioner having 2 years to
serve shall be vice-chairman and shall act in the absence of the chairman.
The commissioners shall appoint one of their number secretary. The
commissioners may make and adopt such by-laws, rules and regulations for
their own guidance and for the carrying out of their duties, as may be
expedient not inconsistent with the provision of this Division 45. They
shall have the exclusive control of the expenditure of all money collected
for the maintenance or employment of a municipal band for musical purposes
and/or for the maintenance and conduct of programs in the performing arts,
and for the construction, purchase or lease and maintenance of a band-shell
or similar structure, referred to hereinafter, for the presentation of
concerts or such programs as may be presented by them. All money received
for such municipal band and/or performing arts shall be deposited in the
treasury of such specified municipality to the credit of the municipal band
and/or performing arts fund and shall be kept separate and apart from other
moneys of such municipality. Such fund may be drawn upon by the properly
authenticated vouchers of the commission. The commissioners shall each
year, prior to the enactment of the annual appropriation ordinance, submit
to the city council a certificate indicating the estimated expenses for the
maintenance or employment of a municipal band for musical purposes and/or
for the maintenance and conduct of programs in the performing arts. The
city council shall levy a tax for such amount, provided the amount shall
not exceed the limitation fixed in the referendum which adopted the
provisions of this Division 45.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-11) (from Ch. 24, par. 11-45-11)
Sec. 11-45-11.
Whenever the commissioners appointed and acting under the
provisions of this Division 45 determine to erect a band-shell or similar
structure for the presentation of concerts or programs in the performing
arts as may be presented by them, or to purchase a site for same, or to
repair, remodel or improve an existing structure, or to build an addition
thereto, or to furnish necessary equipment therefor, or to do any or all of
these things, or to purchase a building and site, and necessary equipment
for the building, or to provide or accumulate a fund for the erection of a
new building or structure, the purchase of such building of an addition
thereto, or to pay for a site for the building or structure, or to purchase
necessary equipment for such, or to do any or all of these things, the
commissioners have the following power:
In case a new band-shell or a structure for the performing arts is to be
erected, or an existing structure is to be remodeled, repaired, improved,
or an addition thereto erected, or the grounds adjacent thereto are to be
prepared for seating, lighting, sound and general improvements or necessary
equipment therefor purchased, or any or all of such things are to be done,
the commissioners shall cause a plan for such band-shell or structure, or
for the remodeling, repairing or improving of such band-shell or structure,
and the grounds adjacent thereto, or the purchase of necessary equipment
therefor to be prepared, and an estimate made of the cost. If a site is to
be provided for the same, they shall also cause an estimate to be made of
the cost of such site. If necessary equipment is to be provided, the
commissioners shall cause an estimate to be made of the cost of such
equipment. They may then determine the term of years over which they shall
spread the collection of the cost of such band-shell or structure, or the
remodeling, repairing or improving of an existing structure, or the
erection of an addition thereto, or site, or equipment or any or all of
these things, not exceeding 20 years, and shall make a record of their
proceedings. The commissioners shall transmit a copy of the record of their
proceedings to the city council for its approval. If the city council
approves the action of the band commission or the band and performing arts
commission or the recreation board if designated, it may, by ordinance,
provide that the bonds of the city be issued for the payment of the cost,
so estimated as aforesaid, of the structure, or other repairs or equipment
herein referred to, in which event the ordinance shall also state the time
or times when such bonds, and the interest thereon shall become payable.
The whole of the principal of such bonds and the interest thereon, shall be
payable within 20 years and interest on such bonds shall not exceed the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. Such interest may be made payable at such
times as the ordinance may prescribe. However, the total tax which may be
levied hereunder for municipal band and/or performing arts purposes, including
the retirement of the bonds herein, shall not exceed the total which may be
authorized by the referendum providing for the levy of a tax as set out in
Section 11-45-2. If the city council adopts such an ordinance, the band
commission or the band and performing arts commission or the recreation
board if designated, shall set aside from the fund each year, a sum
sufficient to pay the principal and interest on such bonds. In addition,
however, any surplus remaining in the fund at the end of any year after
paying the principal and interest on such bonds, and after paying other
expenses for maintaining and employing a municipal band and/or for the
maintenance and conduct of programs in the performing arts, may be applied
to the retirement of such bonds. If, however, the city council shall not
provide that bonds of the city be issued as and for the purposes aforesaid,
but shall otherwise approve the action of the commission, then the
commission shall divide the total cost of the building, improvements or
equipment as they shall determine, to spread the collection thereof, and
shall certify the amount to the city council each year during the term over
which the commissioners shall have determined to spread the collection of
the cost of such building, improvements or equipment, or any or all of
these things.
The commission may receive any gifts tendered to be applied on the cost
of such building, improvements or equipment.
The city council on receiving the last mentioned certificate shall, in
its next annual appropriation ordinance, include the amount so certified
and shall, for the amount levy and collect a tax to pay the same. The total
amount thus levied, including costs of such building, remodeling or
equipment, shall not exceed the total which may be authorized by the
referendum provided for in Section 11-45-2. However, any surplus remaining
in the fund at the end of any year after setting aside funds for such
purposes and after paying other expenses for maintaining and employing a
municipal band and/or for the maintenance and conduct of programs in the
performing arts, may be applied to the fund being accumulated for such
building, improvements or equipment.
Such commissioners shall have authority to enter into contracts to carry
out the purposes of this Division 45 and to take title to any property
acquired by it for municipal band purposes and/or for the maintenance and
conduct of programs in the performing arts by the name of "The Municipal
Band Commission of the City/Village of ...., Illinois" or "The Municipal
Band and Performing Arts Commission of the City/Village of ...., Illinois"
or if designated according to Section 45-7, "The Recreation Board of the
City/Village of ...., Illinois".
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-45-12) (from Ch. 24, par. 11-45-12)
Sec. 11-45-12.
The commissioners shall determine when they will proceed
with the purchase of a building or site, or with the erection of a
band-shell or similar structure, or with the remodeling, repairing and
equipment, or any other proceeding permitted hereunder. They may proceed at
once or determine to wait and allow the fund to accumulate. If the
commissioners determine to let the fund accumulate, they shall invest the
money in interest paying securities such as are authorized by law for the
investment of public funds, thereto remain until the same is needed for
proceeding hereunder. The commissioners may contract for the expenditure of
such funds for the purposes herein designated and may apply the proceeds of
the tax and bonds issued hereunder, toward payment therefor.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-13) (from Ch. 24, par. 11-45-13)
Sec. 11-45-13.
When the commissioners determine to commence the
construction of a band-shell, or performing arts structure, or to proceed
as herein otherwise authorized, they may adopt the plans therefor and
provide estimates of the costs thereof, and shall advertise for bids for
the completion of the program and shall let the contract or contracts for
the same to the lowest and best responsible bidder or bidders, and may
require from such bidders such security for the performance of the bids as
the commissioners may determine.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-14) (from Ch. 24, par. 11-45-14)
Sec. 11-45-14.
The commissioners, after such band-shell or performing arts
structure has been erected, may levy a tax from year to year for such
amount as they deem necessary for the maintenance of such structure and
surrounding grounds. However, the total amount levied for all of the
purposes referred to in these Sections 11-45-7 through 11-45-16 shall not
exceed the total which may be authorized by the referendum provided for in
Section 11-45-2.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/11-45-15) (from Ch. 24, par. 11-45-15)
Sec. 11-45-15.
The commissioners may, by agreement with the proper
officials of any park or school district in which the municipality may be
included, erect such structure on the property of such park or school
district after leasing such grounds upon a nominal rental basis, the
structure so erected to remain the property of the municipality.
(Source: Laws 1967, p. 2339.)
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(65 ILCS 5/Art. 11 Div. 45.1 heading) DIVISION 45.1.
CULTURAL CENTERS
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(65 ILCS 5/11-45.1-1) (from Ch. 24, par. 11-45.1-1)
Sec. 11-45.1-1.
The corporate authorities of each municipality may establish cultural
centers within the municipality. Such cultural centers may be devoted to
the exhibition of works of art, the conduct of programs of music and the
performing arts, the establishment of museums, the exhibition of historical
objects, the presentation of dramatic productions, and other exhibitions
and performances enhancing the cultural and intellectual level of the
community.
(Source: P.A. 76-211.)
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(65 ILCS 5/11-45.1-2) (from Ch. 24, par. 11-45.1-2)
Sec. 11-45.1-2.
For the purpose of establishing such cultural centers, the corporate
authorities may acquire all necessary real and personal property by
purchase, lease, gift or eminent domain. They may lease portions of a
cultural center to any not-for-profit organization engaged in activities
within the purview of cultural centers established under this division. The
terms and periods of such lease shall be those deemed appropriate by the
corporate authorities, provided that no lease may exceed 5 years. The
corporate authorities may also lease up to 25% of the floor area of any
cultural center to persons, organizations or corporations engaged in
noncultural activities, for the purpose of rendering auxiliary services.
Such as food dispensing, automobile parking, sale of books, records or
publications, and other necessary activities convenient for the use of the
cultural centers by the public.
(Source: P.A. 76-211.)
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(65 ILCS 5/11-45.1-3) (from Ch. 24, par. 11-45.1-3)
Sec. 11-45.1-3.
The corporate authorities may expend corporate funds for
the purpose of acquiring, maintaining and operating cultural centers,
including but not limited to compensation of employees and payment of
operating expenses. The corporate authorities may issue revenue bonds
pursuant to ordinance adopted for such purpose. Such bonds shall be payable
solely from the revenues to be derived from the operation of the cultural
center. Such bonds shall mature at a time not exceeding 40 years from their
respective dates of issue and shall be in such form, carry such
registration privileges, be executed in such manner, be offered for sale in
such manner, and be payable at such place or places and under such
conditions and terms as may be provided in the ordinance or in any
subsequent ordinance adopted pursuant hereto for the purpose of refunding
or refinancing any bonds issued hereunder. The holder or holders of such
bonds may bring suit to compel the municipality to perform any covenant or
duty created by the ordinance authorizing their issuance. The bonds shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract.
The corporate authorities may receive gifts and donations for the
purpose of acquiring, operating and maintaining a cultural center and may
enter into contractual arrangements with any public body, private
corporation or foundation for the purpose of receiving such grants or
gifts. The corporate authorities may acquire and operate one or more
buildings or one or more sites as cultural centers pursuant to the powers
herein granted.
The foregoing provisions and powers may be administered by such special
commission, board, department, or bureau of the municipality or by any
existing commission, board, department or bureau of the municipality, as
may be provided by ordinance adopted by the corporate authorities.
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 5/11-45.1-4) (from Ch. 24, par. 11-45.1-4)
Sec. 11-45.1-4.
Any municipality may levy a tax annually not to exceed .25% of the
value, as equalized or assessed by the Department of Revenue, of all
the taxable property in the municipality for the purpose
of acquiring, operating and maintaining a cultural center, provided that
no such tax shall be levied in any such municipality until the question
of levying the tax has first been submitted to the electors of that
municipality at any election, and the tax has been approved by a majority of the
electors voting thereon. Such question shall be certified by the municipal
clerk and submitted by the proper election authority. If a majority of
the electors of the
municipality voting thereon vote for the levy of the tax, the
municipality is authorized to levy and collect the tax. This tax shall
be in addition to all other taxes which that municipality is now or
hereafter may be authorized to levy on the taxable property within the
municipality and shall be in addition to taxes for general purposes
authorized to be levied, as provided by Section 8-3-1 of this Code. This
tax shall be levied and collected in like manner as the general taxes
for that municipality.
(Source: P.A. 81-1489; 81-1509.)
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(65 ILCS 5/11-45.1-5) (from Ch. 24, par. 11-45.1-5)
Sec. 11-45.1-5.
For the purpose of acquiring and constructing a cultural center as
provided in this division, or for the equipping of any such cultural
center, any municipality may borrow money and issue its negotiable bonds
thereon, pledging the full faith and credit of the municipality. Such
bonds shall bear interest at not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, but no such
bonds shall be issued unless the proposition to issue the bonds is first
submitted to the electors of the municipality and approved by a majority
of the electors voting thereon. The municipal clerk shall certify the
proposition to the proper election authority who shall submit the proposition
to a vote of the electors. The form of such proposition shall be in
accordance with the provisions of Section 8-4-2 of this Code.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-45.1-6) (from Ch. 24, par. 11-45.1-6)
Sec. 11-45.1-6.
If any provision of this Division or application thereof to any person
or circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Act which can be given effect without
the invalid application or provision. To this end the provisions of this
division are declared to be severable.
(Source: P.A. 76-211.)
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(65 ILCS 5/Art. 11 Div. 46 heading) DIVISION 46.
ART COMMISSIONS
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(65 ILCS 5/11-46-1) (from Ch. 24, par. 11-46-1)
Sec. 11-46-1.
Whenever the city council of any city deems it advisable,
they may provide by ordinance for the creation of a commission to be known
as the art commission of that city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-2) (from Ch. 24, par. 11-46-2)
Sec. 11-46-2.
Each art commission shall consist of the mayor of the city by
virtue of his office and 6 other members to be appointed by the mayor.
Three of these 6 members shall be appointed from one or more of the
professions of painting, sculpture, architecture, and landscape gardening,
but none of the 3 other members shall be appointed from these enumerated
professions.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-3) (from Ch. 24, par. 11-46-3)
Sec. 11-46-3.
The 3 members of the commission required to be appointed from
among the professions enumerated in Section 11-46-2 shall be appointed in
the first instance for one, 2, and 3 year terms of office respectively, as
the mayor may determine. The other appointed members of the commission also
shall be appointed in the first instance for one, 2 and 3 year terms of
office respectively. After the expiration of these first terms of office of
all of the appointed members respectively, their successors shall be
appointed for a term of 3 years in each case. All appointments to fill
vacancies shall be for the unexpired term.
In case a vacancy occurs in the commission for any reason the vacancy
shall be filled by appointment by the mayor. All appointees shall hold
their offices for their respective terms and until their successors are
appointed and have qualified.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-4) (from Ch. 24, par. 11-46-4)
Sec. 11-46-4.
The commission shall serve without compensation, and shall
elect a president and a secretary from its own members, whose terms of
office shall be for one year, and until their successors are elected and
have qualified.
The commission shall have power to adopt its own rules of procedure.
Four commissioners shall constitute a quorum.
The city council shall provide suitable offices for the commission and
shall make annual appropriations for the payment of the commission's
expenses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-5) (from Ch. 24, par. 11-46-5)
Sec. 11-46-5.
Hereafter no work of art shall be erected or placed in, over,
or upon or allowed to be extended into, over, or upon any street, alley,
avenue, square, common, boulevard, park, grounds used for school or other
public purposes, municipal building, school building, or other public
building or public place under the control of the city, or any department
or officer thereof, unless the work of art, or a design thereof, together
with a statement of the proposed location of the work of art first has been
submitted to and approved by the commission. The commission, when they deem
it proper, may also require a complete model of the proposed work of art to
be submitted. The term "work of art" as used in this connection shall apply
to and include all paintings, mural decorations, stained glass, statues,
bas reliefs, sculptures, monuments, ornaments, fountains, arches,
ornamental gateways, or other structures of a permanent character intended
for ornament or commemoration. No existing work of art in the possession of
the city, or in any park, or school building, or on any boulevard, public
ground or school ground, shall be removed relocated, or altered in any way
without a similar approval of the commission, except as provided in Section
11-46-7.
The commission shall act in this same capacity and shall have these same
powers (1) in respect to designs of buildings, bridges, approaches, gates,
fences, lamps, or other structures to be erected upon land belonging to and
occupied by the city, or in any park, public ground, or boulevard under the
jurisdiction of the city, and (2) in respect of the lines, grades, and
platting of public ways and grounds, and (3) in respect of the arches,
bridges, structures, and approaches which will be the property of any
corporation or private individual, and which are to be extended over or
upon any street, avenue, highway, boulevard, park, or other public place
belonging to or under the jurisdiction of the city, and the commission's
approval shall be required for every such structure which is hereafter
contracted for, erected, or altered. But in case any such structure, not
including works of art, which is hereafter contracted for, erected, or
altered at a total expense not exceeding $200,000, the approval of the art
commission shall not be required if the city council so directs.
The commission may offer advice or suggestions to the owners of private
property in relation to the beautification of their property. Any person,
who is about to erect any building or make any improvement, may submit the
plans and designs thereof to the art commission for advice and suggestions.
The art commission may receive and act upon the complaints and suggestions
of citizens or voluntary associations having such objects and purposes in
view as are specified in this section.
The commission shall record its proceedings and make a report thereof in
writing annually to the mayor of the city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-6) (from Ch. 24, par. 11-46-6)
Sec. 11-46-6.
If the art commission, except as provided in Section 11-46-7,
fails to decide upon any matter submitted to it within 60 days after the
matter is submitted, its decision is unnecessary.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-7) (from Ch. 24, par. 11-46-7)
Sec. 11-46-7.
In case the removal or relocation of any existing work of art
or other matter, which under Section 11-46-5 is within the control of the
art commission, is deemed necessary by those having the power to order such
a removal or relocation, the commission shall approve or disapprove of the
proposed removal or relocation within 48 hours after it is notified
thereof. In case the commission fails to act within this 48 hour period, it
shall be deemed to have approved of the removal or relocation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 47 heading) DIVISION 47.
PROMOTION OF HISTORICAL RESEARCH
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(65 ILCS 5/11-47-1) (from Ch. 24, par. 11-47-1)
Sec. 11-47-1.
The several cities, incorporated towns and villages acting
through their constituted authorities may encourage and promote historical
research within their respective jurisdictions by making reasonable
appropriations for the publication of the proceedings of and such papers
and other documents of historic interest as may be furnished by any
historic or other society engaged in historic research, and for
ascertaining and marking the location of ancient forts, villages, missions,
military encampments, habitations of aborigines and other places of
historic interest, and to provide for the manner in which and the purposes
for which such appropriations shall be expended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-47-2) (from Ch. 24, par. 11-47-2)
Sec. 11-47-2.
The authorities of such cities, incorporated towns and
villages having so undertaken the publication of such proceedings, papers
and documents, may cause the same to be printed or published in book or
pamphlet form and may provide for the sale thereof at such prices as in
their judgment will reimburse the cost of publication.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 48 heading) DIVISION 48.
PRESERVATION OF HISTORICAL
DOCUMENTS
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(65 ILCS 5/11-48-1) (from Ch. 24, par. 11-48-1)
Sec. 11-48-1.
The city council or board of trustees of every city,
incorporated town or village may, by order or resolution authorize and
direct to be transferred to the Abraham Lincoln Presidential Library and Museum, the State
Archives or to the State
University Library at Urbana, Illinois, or to any historical society duly
incorporated and located within their respective counties, such official
papers, drawings, maps, writings and records of every description as may be
deemed of historic interest or value, and as may be in the custody of any
officer of such county, city, incorporated town or village. Accurate copies
of the same when so transferred shall be substituted for the original when
in the judgment of such city council or board of trustees the same may be
deemed necessary.
(Source: P.A. 100-120, eff. 8-18-17.)
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(65 ILCS 5/11-48-2) (from Ch. 24, par. 11-48-2)
Sec. 11-48-2.
The officer or officers having the custody of such papers,
drawings, maps, writings and records shall permit search to be made at all
reasonable hours and under their supervision for such as may be deemed of
historic interest, and whenever so directed by the city council or board of
trustees of such city, incorporated town or village in the manner
prescribed in Section 11-48-1 to deliver the same to the trustee, directors
or librarian or other officer of the library or society designated by the
city council or board of trustees, as the case may be.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-48-3) (from Ch. 24, par. 11-48-3)
Sec. 11-48-3.
The city council and board of trustees of the several cities,
incorporated towns and villages in this state may make reasonable
appropriations from their respective revenues for the purpose of carrying
the provisions of this Division 48 into effect.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 48.2 heading) DIVISION 48.2.
PRESERVATION OF HISTORICAL
AND OTHER SPECIAL AREAS
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(65 ILCS 5/11-48.2-1) (from Ch. 24, par. 11-48.2-1)
Sec. 11-48.2-1.
It is hereby found and declared that in all municipalities
the movements and shifts of population and the changes in residential,
commercial, and industrial use and customs threaten with disappearance
areas, places, buildings, structures, works of art and other objects having
special historical, community, or aesthetic interest or value and whose
preservation and continued utilization are necessary and desirable to sound
community planning for such municipalities and to the welfare of the
residents thereof. The granting to such municipalities of the powers herein
provided is directed to such ends, and the use of such rights and powers
for the preservation and continued utilization of such property is hereby
declared to be a public use essential to the public interest.
(Source: Laws 1965, p. 957.)
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(65 ILCS 5/11-48.2-1A) (from Ch. 24, par. 11-48.2-1A)
Sec. 11-48.2-1A.
(1) The development rights of a landmark site are the rights granted
under applicable local law respecting the permissible bulk and size of
improvements erected thereon. Development rights may be calculated in
accordance with such factors as lot area, floor area, floor area ratios,
height limitations, or any other criteria set forth under local law for
this purpose.
(2) A preservation restriction is a right, whether or not stated in the
form of a restriction, easement, covenant or condition, in any deed, will
or other instrument executed by or on behalf of the owner of the land or in
any order of taking, appropriate to the preservation of areas, places,
buildings or structures to forbid or limit acts of demolition, alteration,
use or other acts detrimental to the preservation of the areas, places,
buildings or structures in accordance with the purposes of the Division.
Preservation restrictions shall not be unenforceable on account of lack of
privity of estate or contract, or of lack of benefit to particular land or
on account of the benefit being assignable or being assigned.
(3) A transfer of development rights is the transfer from a landmark
site of all or a portion of the development rights applicable thereto,
subject to such controls as are necessary to secure the purposes of this
Division. The transfer of development rights pursuant to sound community
planning standards and the other requirements of this Division is hereby
declared to be in accordance with municipal health, safety and welfare
because it furthers the more efficient utilization of urban space at a time
when this objective is made urgent by the shrinking land base of urban
areas, the increasing incidence of large-scale, comprehensive development
in such areas, the evolution of building technology and similar factors.
(4) A development rights bank is a reserve into which may be deposited
development rights associated with publicly and privately-owned landmark
sites. Corporate authorities or their designees shall be authorized to
accept for deposit within the bank gifts, donations, bequests or other
transfers of development rights from the owners of said sites, and shall be
authorized to deposit therein development rights associated with (i) the
sites of municipally-owned landmarks and (ii) the sites of privately-owned
landmarks in respect of which the municipality has acquired a preservation
restriction through eminent domain or purchase. All transfers of
development rights from the development rights bank shall be subject to the
requirements of Sections 11-76-1 through 11-76-6 of the Municipal Code of
Illinois, and all receipts arising from the transfers shall be deposited in
a special municipal account to be applied against expenditures necessitated
by the municipal landmarks program.
(5) The term, public easement, shall have the same meaning and effects
herein as it has in Article IX, Section 3 of the Illinois Constitution of
1870 and Article IX, Section 4(c) of the Illinois Constitution of 1970.
This amendatory Act of 1971 does not apply to any municipality which is a
home rule unit.
(Source: P.A. 77-1372.)
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(65 ILCS 5/11-48.2-2) (from Ch. 24, par. 11-48.2-2)
Sec. 11-48.2-2.
The corporate authorities in all municipalities shall have the power to
provide for official landmark designation by ordinance of areas, places,
buildings, structures, works of art and other objects having a special
historical, community, or aesthetic interest or value; and in connection
with such areas, places, buildings, structures, works of art or other
objects so designated by ordinance, whether owned or controlled privately
or by any public body, to provide special conditions, to impose regulations
governing construction, alteration, demolition and use, and to adopt other
additional measures appropriate for their preservation, protection,
enhancement, rehabilitation, reconstruction, perpetuation, or use, which
additional measures may include, but are not limited to, (a) the making of
leases and subleases (either as lessee or lessor of any such property) for
such periods and upon such terms as the municipality shall deem
appropriate; (b) inducing, by contract or other consideration, the creation
of covenants or restrictions binding the land; (c) the acquisition by
purchase or eminent domain of a fee or lesser interest, including a
preservation restriction, in property so designated; the deposit, as
appropriate, in a development rights bank of the development rights
associated with said property; and the reconstruction, operation or
transfer by the municipality of any such property so acquired or the
transfer of any development rights so acquired, all in accordance with such
procedures and subject to such conditions as are reasonable and appropriate
to carrying out the purposes of this Division; (d) appropriate and
reasonable control of the use or appearance of adjacent and immediately
surrounding private property within public view; (e) acquisition by eminent
domain or by other contract or conveyance of immediately surrounding
private property, or any part thereof or interest therein, the alteration
or clearance of which is important for the proper preservation,
reconstruction or use of the designated property; (f) cooperative
relations, including gifts, contracts and conveyances appropriate to the
purposes of this Division, by and between the municipality and any other
governmental body or agency and by and between the municipality and
not-for-profit organizations which have as one of their objects the
preservation or enhancement of areas, places, buildings, structures, works
of art or other objects of special historical, community or aesthetic
interest or value; (g) acceptance and administration by the municipality of
funds or property transferred on trust to the municipality by an
individual, corporation or other governmental or private entity for the
purpose of aiding, either in general or in connection with some specific
designated property, the preservation or enhancement of areas, places,
buildings, structures, works of art or other objects designed by law under
the provisions hereof; (h) issuance of interest bearing revenue bonds,
pursuant to ordinance adopted by the corporate authorities, payable from
the revenues to be derived from the operation of any one or more areas,
places, buildings, structures, works of art or other objects designated by
ordinance and acquired by the municipality under the provisions hereof,
such bonds to mature at a time not exceeding 50 years from their respective
dates of issue and to be in such form, carry such registration privileges,
be executed in such manner, be offered for sale in such manner and be
payable at such place or places and under such conditions and terms as may
be provided in the ordinance or in any subsequent ordinance adopted
pursuant hereto for the purpose of refunding or refinancing any bonds
issued hereunder; and the holder or holders of any such bonds may by mandamus,
injunction or other civil action compel the municipality to perform any covenant
or duty created by the ordinance authorizing their issuance; and (i)
establishment of procedures authorizing owners of designated property to
transfer development rights in such amount and subject to such conditions
as are appropriate to secure the purposes of this Division.
Any such special conditions, regulations, or other measures, shall, if
adopted in the exercise of the police power, be reasonable and appropriate
to the preservation, protection, enhancement, rehabilitation,
reconstruction, perpetuation, or use of such areas, places, buildings,
structures, works of art, or other objects so designated by law, or, if
constituting a taking of private property, shall provide for due and just
compensation. This amendatory Act of 1971 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-48.2-3) (from Ch. 24, par. 11-48.2-3)
Sec. 11-48.2-3.
The foregoing purposes and powers may be administered by
such special commission, board, department or bureau of the municipality or
by such one or more existing commissions, boards, departments or bureaus of
the municipality, or by any combination thereof or division of functions
thereamong, as may be provided by ordinance adopted by the corporate
authorities, and the words "the municipality" as used in reference to the
administration of this division include any commission, board, department,
bureau, officer, or other agency of the municipality given any such
administrative powers by ordinance adopted by the corporate authorities.
(Source: Laws 1963, p. 2420.)
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(65 ILCS 5/11-48.2-4) (from Ch. 24, par. 11-48.2-4)
Sec. 11-48.2-4.
No action taken by the municipality under this section
directing a private owner to do or refrain from doing any specific thing,
or refusing to permit a private owner to do some specific thing he desires
to do, in connection with property designated by ordinance hereunder, shall
be taken by the municipality except after due notice to such owner and
opportunity for him to be heard at a public hearing, and if such action is
taken by administrative decision as defined in Section 3-101 of the Code
of Civil Procedure, it shall be subject to
judicial review pursuant to the provisions of the Administrative
Review Law and all amendments and modifications thereof and rules adopted
pursuant thereto.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-48.2-5) (from Ch. 24, par. 11-48.2-5)
Sec. 11-48.2-5.
The denial of an application for a building
demolition permit by reason of the operation of this Division, or the
denial of an application for a building permit to add to, modify or
remove a portion of any building by reason of the operation of this
Division, or the imposition of any regulation solely by reason of the
provisions of this Division which requires, directly or indirectly, an
alteration or cessation in the use to which the interior space in any
building is put, or which requires any addition or modification in or to
any building, or which requires any unusual or extraordinary provisions
for upkeep and maintenance of any building, shall not constitute a
taking or damage for a public use of such property for which just
compensation shall be ascertained and paid, unless the denial of a
permit application or imposition of a regulation, as the case may be,
deprives the owner of all reasonable beneficial use or return.
(Source: P.A. 81-560.)
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(65 ILCS 5/11-48.2-6) (from Ch. 24, par. 11-48.2-6)
Sec. 11-48.2-6.
Any encumbrances or restrictions imposed upon designated property
pursuant to subsections (a)-(i) of Section 11-48.2-2 of this Division shall
be deemed public easements, and any depreciation occasioned by such
encumbrances or restrictions shall be deducted in the valuation of such
property. This amendatory Act of 1971 does not apply to any municipality
which is a home rule unit.
(Source: P.A. 77-1372.)
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(65 ILCS 5/11-48.2-7) (from Ch. 24, par. 11-48.2-7)
Sec. 11-48.2-7.
If any provision, clause or phrase of this Division or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this
Division which can be given effect without the invalid provision or
application, and to this end the provisions of this Division are declared
to be separable.
(Source: Laws 1963, p. 2420.)
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(65 ILCS 5/Art. 11 Div. 48.3 heading) DIVISION 48.3.
MUNICIPAL ZOO AUTHORITIES
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(65 ILCS 5/11-48.3-1) (from Ch. 24, par. 11-48.3-1)
Sec. 11-48.3-1.
This Division shall be known and may be cited as the
Municipal Zoo Law.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-2) (from Ch. 24, par. 11-48.3-2)
Sec. 11-48.3-2.
When used in this Division:
"Authority" means any Municipal Zoo
Authority, as provided in this Division.
"Governmental Agency" means the federal, State and any local
governmental body, and any agency or instrumentality, corporate or
otherwise, thereof.
"Person" means any individual, firm, partnership, corporation, both
domestic and foreign, company, association or joint stock association; and
includes any trustee, receiver, assignee or personal representative
thereof.
"Board" means the governing and administrative body of any Municipal Zoo
Authority, as provided in this Division.
"Metropolitan Area" means all that territory in the State of Illinois
lying within the corporate boundaries of the municipality or municipalities
establishing an authority as provided in this Division.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-3) (from Ch. 24, par. 11-48.3-3)
Sec. 11-48.3-3.
The corporate authorities of any municipality having a
population of less than 1,000,000 or the corporate authorities, acting
jointly, of any combination of municipalities each having a population of
less than 1,000,000, may by resolution or ordinance provide for the
formation of a Municipal Zoo Authority with the powers, duties,
responsibilities and privileges provided in this Division.
The Authority may sue and be sued in its corporate name, but execution
shall not in any case issue against any property of the Authority. It
may adopt a common seal and change the same at pleasure. The Authority may
adopt a corporate name, which shall end with "Zoo Authority", and change
the same at pleasure. The principal office of the Authority shall be
within the metropolitan area.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-4) (from Ch. 24, par. 11-48.3-4)
Sec. 11-48.3-4.
It shall be the duty of the Authority
to arrange, finance and maintain zoological, educational
and scientific exhibits in the metropolitan area and to
construct, equip and maintain zoological buildings, grounds
and office buildings for such purposes. The provision of
office space for rental and lease and the lease of air space
over and appurtenant to such structures shall be deemed an
integral function of the Authority. The Authority is granted
all rights and powers necessary to perform such duties.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-5) (from Ch. 24, par. 11-48.3-5)
Sec. 11-48.3-5.
The Authority shall have the following rights and duties:
(a) To acquire, own, construct, lease, operate and maintain zoological
buildings, office buildings and associated facilities and grounds,
to fix and collect just, reasonable and nondiscriminatory charges for the
use of such facilities, and to lease air space over and appurtenant to such
facilities. The charges so collected shall be made available to defray the
reasonable expenses of the Authority and to pay the principal of and the
interest upon any bonds issued by the Authority.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Division.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-6) (from Ch. 24, par. 11-48.3-6)
Sec. 11-48.3-6.
The Authority shall not incur any obligations for
salaries, office or administrative expenses except within the amounts of
funds which will be available to it when such obligations become payable.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-7) (from Ch. 24, par. 11-48.3-7)
Sec. 11-48.3-7.
Purchases made pursuant to this Division shall be made in
compliance with the "Local Government Prompt Payment Act", approved
September 21, 1985, as now or hereafter amended.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-8) (from Ch. 24, par. 11-48.3-8)
Sec. 11-48.3-8.
The Authority shall have the power to acquire and accept
by purchase, lease, gift or otherwise any property or rights from any
person or persons, any municipal corporation, body politic, or agency of
the State, or from the State itself, useful for its purposes, and to apply
for and accept grants, matching grants, loans or appropriations from the
State of Illinois or any agency or instrumentality thereof to be used for
any of the purposes of the Authority and to enter into any agreement with
the State of Illinois in relation to such grants, matching grants, loans or
appropriations.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-9) (from Ch. 24, par. 11-48.3-9)
Sec. 11-48.3-9.
The Authority shall have the power to apply for and
accept grants, matching grants, loans or appropriations from the federal
government or any agency or instrumentality thereof to be used for any of
the purposes of the Authority and to enter into any agreement with the
federal government in relation to such grants, matching grants, loans or
appropriations.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-10) (from Ch. 24, par. 11-48.3-10)
Sec. 11-48.3-10.
The Authority shall have the power to procure and enter
into contracts for any type of insurance and indemnity against loss or
damage to property from any cause, loss of use and occupancy, against
employers' liability, against any act of any member, officer or employee of
the Board or Authority in the performance of the duties of his or her
office or employment or any other insurable risk.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-11) (from Ch. 24, par. 11-48.3-11)
Sec. 11-48.3-11.
The Authority shall have continuing power to borrow
money for the purpose of carrying out and performing its duties and
exercising its powers under this Division.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the exhibitions, rentals and
leases and other authorized activities operated by it, and from funds, if
any, received and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such time or times
not exceeding 40 years from their respective dates, may bear interest at
such rate or rates, not exceeding the maximum rate permitted by "An Act to
authorize public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now or hereafter
amended, may be in such form, may carry such registration
privileges, may be executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and upon such
terms, with or without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and covenants, all as
may be provided in the ordinance. In case any officer whose signature
appears on any bond ceases (after attaching his or her signature) to hold
office, his or her signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds or interest coupons
appertaining thereto issued by the Authority may bring mandamus,
injunction, civil actions and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or employees of
any contract or covenant made by the Authority with the holders of such
bonds or interest coupons and to compel the Authority and any of its
officers, agents or employees to perform any duties required to be
performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, or
to enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority, to pay:
(a) The cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) The bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the exhibitions, office
rentals, air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, civil action
and proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of
general circulation published in the metropolitan area, the last
publication to be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any newspaper or financial
publication in the United States. All bids shall be sealed, filed and
opened as provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the manner provided
for in the initial advertisement. If no bids are received, however, such
bonds may be sold at not less than par value, without further advertising,
within 60 days after the bids are required to be filed pursuant to any
advertisement.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-12) (from Ch. 24, par. 11-48.3-12)
Sec. 11-48.3-12.
Under no circumstances shall any bonds
issued by the Authority be or become an indebtedness or
obligation of the State of Illinois or of any other political
subdivision of or municipality within the State, nor shall any
such bond or obligation be or become an indebtedness of the
Authority within the purview of any constitutional limitation
or provision, and it shall be plainly stated on the face of
each bond that it does not constitute such an indebtedness or
obligation but is payable solely from the revenues or income
as aforesaid.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-13) (from Ch. 24, par. 11-48.3-13)
Sec. 11-48.3-13.
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 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 issued pursuant to this Division, 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;
provided, however, that nothing contained in this Section may be construed
as relieving any person from any duty of exercising reasonable care in
selecting securities for investment.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-14) (from Ch. 24, par. 11-48.3-14)
Sec. 11-48.3-14.
The governing and administrative body of the
Authority shall be a Board consisting of 9 members and shall be known as
the Municipal Zoo Authority Board. The members of the Board shall be
individuals of generally recognized ability and integrity. They shall serve
without compensation, but shall be reimbursed for actual expenses incurred
by them in the performance of their duties. Any member of the Board,
however, who is appointed to the office of secretary or treasurer may
receive compensation for his or her services as such officer. No member of
the Board or employee of the Authority shall have any private financial
interest, profit or benefit in any contract, work or business of the
Authority or in the sale or lease of any property to or from the Authority.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-15) (from Ch. 24, par. 11-48.3-15)
Sec. 11-48.3-15.
Within 60 days after corporate authorities of a
single municipality qualified as an Authority under the provisions of
Section 11-48.3-3 of this Division shall adopt a resolution or ordinance
providing for an Authority, the mayor, with the advice and consent of the
corporate authorities, shall appoint 3 members of the Board for an initial
term expiring the second June first after appointment, 3 members of the
Board for an initial term expiring the third June first after appointment,
and 3 members of the Board for an initial term expiring the fifth June
first after appointment, and until their successors have been appointed and
qualified. At the expiration of the term of any member, the mayor with the
advice and consent of the corporate authorities, shall appoint his or her
successor in like manner for a term of 5 years from the first day of June
of the year in which they are appointed, except in case of an appointment
to fill a vacancy.
The Board of an Authority comprised of combinations of municipalities, as
provided in Section 11-48.3-3 of this Division, shall be appointed in the
following manner: memberships for the Board shall be apportioned among the
member municipalities, as nearly as possible, according to the proportion
each municipality's population as determined by the most recent federal
census bears to the total population of the metropolitan area as determined
by the most recent federal census. The initial terms of such appointees for
each such municipality shall then be determined by lot. Each such mayor,
with the advice and consent of his or her respective corporate authorities,
shall then appoint the members allotted to him or her in the manner
provided in this Section.
Within 30 days after certification of his or her appointment, and before
entering upon the duties of office, each member of the Board shall
take and subscribe the constitutional oath of office and file it in the
office of the Secretary of State.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-16) (from Ch. 24, par. 11-48.3-16)
Sec. 11-48.3-16.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any member may
resign from office to take effect when his or her successor has been
appointed and has qualified. The appointing officer may remove any member
of the Board appointed by him or her, in case of incompetency, neglect of
duty, or malfeasance in office, after service on the member, by registered
United States mail, return receipt requested, of a copy of the written
charges against him or her and an opportunity to be publicly heard in
person or by counsel in his or her own defense upon not less than 10 days'
notice. In case of failure to qualify within the time required, or of
abandonment of office, or in case of death, conviction of a felony or
removal from office, a member's office shall become vacant. Each vacancy
shall be filled for the unexpired term by appointment in like manner, as in
case of expiration of the term of a member of the Board.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-17) (from Ch. 24, par. 11-48.3-17)
Sec. 11-48.3-17.
As soon as practicably possible after the appointment
of the initial members, the Board shall organize for the transaction of
business, select a chairperson and a temporary secretary from its own
number, and adopt by-laws and regulations to govern its proceedings. The
initial chairperson and his or her successors shall be elected by the Board
from time to time for the term of his or her office as a member of the
Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-18) (from Ch. 24, par. 11-48.3-18)
Sec. 11-48.3-18.
Regular meetings of the Board shall be held at least
once in each calendar month, the time and place of such meetings to be
fixed by the Board. Five members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution. All such
ordinances and resolutions before taking effect shall be approved by the
chairperson of the Board, and if the chairperson shall approve thereof he
or she shall sign the same, and such as the chairperson shall not approve
he or she shall return to the Board with his or her objections thereto in
writing at the next regular meeting of the Board occurring after the
passage thereof. But in case the chairperson shall fail to return any
ordinance or resolution with his or her objections thereto by the time
aforesaid, the chairperson shall be deemed to have approved the same and it
shall take effect accordingly. Upon the return of any ordinance or
resolution by the chairperson with his or her objections, the vote by
which the same was passed shall be reconsidered by the Board, and if
upon such reconsideration said ordinance or resolution is passed by the
affirmative vote of at least 6 members, it shall go into effect
notwithstanding the veto of the chairperson. All ordinances, resolutions
and all proceedings of the Authority and all documents and records in
its possession shall be public records and open to public inspection,
except such documents and records as shall be kept or prepared by the
Board for use in negotiations, actions or proceedings to which the
Authority is a party.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-19) (from Ch. 24, par. 11-48.3-19)
Sec. 11-48.3-19.
The Board shall appoint a secretary and a treasurer,
who need not be members of the Board, to hold office during the pleasure of
the Board, and fix their duties and compensation. Before entering upon the
duties of their respective offices they shall take and subscribe the
constitutional oath of office, and the treasurer shall execute a bond with
corporate sureties to be approved by the Board. The bond shall be payable
to the Authority in whatever penal sum may be directed upon the faithful
performance of the duties of the office and the payment of all money
received by him or her according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer in such penal
sum as may then be determined by the Board. The obligation of the sureties
shall not extend to any loss sustained by the insolvency, failure or
closing of any savings and loan association or national or State bank
wherein the treasurer has deposited funds if the bank or savings
and loan association has been approved by the Board as a depository for
these funds. The oaths of office and the treasurer's bond shall be filed in
the principal office of the Authority.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-20) (from Ch. 24, par. 11-48.3-20)
Sec. 11-48.3-20.
All funds deposited by the treasurer in any bank or
savings and loan association shall be placed in the name of the Authority
and shall be withdrawn or paid out only by check or draft upon the bank or
savings and loan association, signed by the treasurer and countersigned by
the chairperson of the Board. The Board may designate any of its members or
any officer or employee of the Authority to affix the signature of the
chairperson and another to affix the signature of the treasurer to any
check or draft for payment of salaries or wages and for payment of any
other obligation of not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-21) (from Ch. 24, par. 11-48.3-21)
Sec. 11-48.3-21.
In case any officer whose signature appears upon any
check or draft, issued pursuant to this Act, ceases (after attaching his or
her signature) to hold office before the delivery thereof to the payee, his
or her signature nevertheless shall be valid and sufficient for all
purposes with the same effect as if he or she had remained in office until
delivery thereof.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-22) (from Ch. 24, par. 11-48.3-22)
Sec. 11-48.3-22.
The Board may appoint a general manager who shall be a
person of recognized ability and business experience to hold office during the
pleasure of the Board. The general manager shall have management of the
properties and business of the Authority and of the employees thereof
subject to the general control of the Board, shall direct the
enforcement of all ordinances, resolutions, rules and regulations of the
Board, and shall perform such other duties as may be prescribed from
time to time by the Board. The Board may appoint a general attorney and
a chief engineer and shall provide for the appointment of such other
officers, attorneys, engineers, consultants, agents and employees as may
be necessary. It shall define their duties and require bonds of such of
them as the Board may designate. The general manager, general attorney,
chief engineer and all other officers provided for pursuant to this
Section shall be exempt from taking and subscribing any oath of office
and shall not be members of the Board. The compensation of the general
manager, general attorney, chief engineer and all other officers,
attorneys, consultants, agents and employees shall be fixed by the
Board.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-23) (from Ch. 24, par. 11-48.3-23)
Sec. 11-48.3-23.
The Board shall have power to pass all ordinances and
make all rules and regulations proper or necessary to carry into effect the
powers granted to the Authority, with such fines or penalties as may be
deemed proper. All fines and penalties shall be imposed by ordinance, which
shall be published once in a newspaper of general circulation published in the
area embraced by the Authority. No such ordinance shall take effect until
10 days after its publication.
(Source: P.A. 97-146, eff. 1-1-12.)
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(65 ILCS 5/11-48.3-24) (from Ch. 24, par. 11-48.3-24)
Sec. 11-48.3-24.
All contracts for sale of property of the value of
more than $2,500 or for a concession in or lease of property, including air
rights, of the Authority for a term of more than one year shall be awarded
to the highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment and
services, when the expense thereof will exceed $2,500, shall be let to the
lowest responsible bidder, after advertising for bids, excepting (1) when
repair parts, accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when the nature of
the services required is such that competitive bidding is not in the best
interest of the public, including, without limiting the generality of the
foregoing, the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction and others possessing a high
degree of skill; (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to insure the best interests of the public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, experience, adequacy
of equipment, ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least
7 of the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office of the
Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be
selected in the following manner: to all bids for sales the gross receipts
of which are not taxable under the "Retailers' Occupation Tax Act", approved
June 28, 1933, as now or hereafter amended, there shall be added an amount
equal to the tax which would be payable under said Act, if applicable, and
the lowest in amount of said adjusted bids and bids for sales the gross
receipts of which are taxable under said Act shall be considered the lowest
bid; provided, that, if said lowest bid relates to a sale not taxable under
said Act, any contract entered into thereon shall be in the amount of the
original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving expenditures of less
than $2,500 for the purposes of avoiding the provisions of this Section, and
all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his bid
with a sworn statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 86-279.)
|
(65 ILCS 5/11-48.3-25) (from Ch. 24, par. 11-48.3-25)
Sec. 11-48.3-25.
Advertisements for bids shall be published at least
twice in a daily newspaper of general circulation published in the
metropolitan area, the last publication to be at least 10 calendar days
before the time for receiving bids, and such advertisements shall also be
posted on readily accessible bulletin boards in the principal office of
the Authority. Such advertisements shall state the time and place for
receiving and opening of bids, and by reference to plans and specifications
on file at the time of the first publication, or in the advertisement
itself, shall describe the character of the proposed contract in sufficient
detail to fully advise prospective bidders of their obligations and to
insure free and open competitive bidding.
All bids in response to advertisements shall be sealed and shall be
publicly opened by the Board, and all bidders shall be entitled to be
present in person or by representatives. Cash or a certified or
satisfactory cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids, shall be
required with the proposal of each bidder. Bond for faithful performance of
the contract with surety or sureties satisfactory to the Board and adequate
insurance may be required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible after the opening
of bids. The bid of the successful bidder, as well as the bids of the
unsuccessful bidders, shall be placed on file and be open to public
inspection. All bids shall be void if any disclosure of the terms of any
bid in response to an advertisement is made or permitted to be made by the
Board before the time fixed for opening bids.
Any bidder who has submitted a bid in compliance with the requirements
for bidding may bring a civil action in the circuit court within the
boundaries of the Authority to compel compliance with the provisions of
this Division relating to the awarding of contracts by the Board.
(Source: P.A. 86-279.)
|
(65 ILCS 5/11-48.3-26) (from Ch. 24, par. 11-48.3-26)
Sec. 11-48.3-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested, upon request, and
a copy thereof shall be filed with the county clerk and the appointing
officers as provided in Section 11-48.3-15.
(Source: P.A. 86-279.)
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(65 ILCS 5/11-48.3-27) (from Ch. 24, par. 11-48.3-27)
Sec. 11-48.3-27.
Exemption from taxation.
All property of an
Authority created pursuant to this Division shall be exempt from taxation
by the State or any taxing unit therein.
(Source: P.A. 86-279.)
|
(65 ILCS 5/11-48.3-28) (from Ch. 24, par. 11-48.3-28)
Sec. 11-48.3-28.
The Authority is hereby expressly made the beneficiary of
the provisions of Section 1 of "An Act to make explicit the authorization
for units of local government and certain other governmental bodies to act
as permitted by statute or the Illinois Constitution, notwithstanding effects
on competition", amendatory veto overridden November 3, 1983, as now or
hereafter amended, and the General Assembly intends that the "State action
exemption" to the application of the federal anti-trust laws be fully
available to the Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this Division or other
Illinois law, or (2) within traditional areas of local
governmental activity.
(Source: P.A. 86-249.)
|
(65 ILCS 5/11-48.3-29) (from Ch. 24, par. 11-48.3-29)
Sec. 11-48.3-29. The Authority shall receive financial
support from the Department of Commerce and Economic Opportunity in the
amounts that may be appropriated for such purpose.
(Source: P.A. 94-793, eff. 5-19-06.)
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(65 ILCS 5/Art 11 prec Div 49 heading)
CEMETERIES
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(65 ILCS 5/Art. 11 Div. 49 heading) DIVISION 49.
GENERAL CEMETERY POWER
AND TAX FOR REHABILITATION
|
(65 ILCS 5/11-49-1) (from Ch. 24, par. 11-49-1)
Sec. 11-49-1.
Cemeteries; permitted activities.
(a) The corporate authorities of each municipality may establish
and regulate cemeteries within or without the municipal limits; may acquire
lands therefor, by purchase or otherwise; may cause cemeteries to be
removed; and may prohibit their establishment within one mile of the
municipal limits.
(b) The corporate authorities also may enter into contracts to purchase
existing cemeteries, or lands for cemetery purposes, on deferred
installments to be paid solely from the proceeds of sale of cemetery lots.
Every such contract shall empower the purchasing municipality, in its own
name, to execute and deliver deeds to purchasers of cemetery lots for
burial purposes.
(c) The corporate authorities of each municipality
that
has within its territory an abandoned cemetery may enter
the cemetery grounds and cause the grounds to be cleared
and made orderly. Provided, in no event shall the corporate
authorities of a municipality enter an abandoned cemetery
under this subsection if the owner of the property or the
legally responsible cemetery authority provides written
notification to the corporate authorities, prior to the
corporate authorities' entry (1) demonstrating the
ownership or authority to control or manage the cemetery
and (2) declining the corporate authority authorization to enter the property.
In
making a cemetery orderly under this Section, the corporate
authorities of a municipality may take necessary measures
to correct dangerous conditions that exist in regard to
markers, memorials, or other cemetery artifacts but may not
permanently remove those items from their location on the
cemetery grounds.
If an abandoned cemetery is dedicated as an Illinois nature
preserve under the Illinois Natural Areas Preservation Act,
any actions to cause the grounds to be cleared and kept
orderly shall be consistent with the rules and master plan
governing the dedicated nature preserve.
(d) In this Section:
"Abandoned cemetery" means an area of land containing
more than 6 places of interment for which, after diligent
search, no owner of the land or currently functioning
cemetery authority objects to entry sought pursuant to this Section, and (1)
at which no
interments have taken place in at least 3 years; or (2)
for which there has been inadequate maintenance for at least 6 months.
"Diligent search" includes, but is not limited to,
publication of a notice in a newspaper of local
circulation not more than 45 but at least 30 days prior to
entry and cleanup of cemetery grounds by the corporate
authorities of a municipality. The notice shall provide (1)
notice of the corporate authorities' intended entry and
cleanup of the cemetery; (2) the name, if known, and
geographic location of the cemetery; (3) the right of the
cemetery authority or owner of the property to deny entry
to the corporate authorities upon written notice to
those authorities; and (4) the date or dates of the
intended cleanup.
"Inadequate maintenance" includes, but is not limited
to, the failure to cut the lawn throughout a cemetery to
prevent an overgrowth of grass and weeds; the failure to
trim shrubs to prevent excessive overgrowth; the failure to
trim trees so as to remove dead limbs; the failure to keep
in repair the drains, water lines, roads, buildings,
fences, and other structures of the cemetery premises; or
the failure to keep the cemetery premises free of trash and
debris.
(Source: P.A. 92-419, eff. 1-1-02.)
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(65 ILCS 5/11-49-5) Sec. 11-49-5. Scattering garden. The corporate authorities of any municipality may establish a scattering garden in any municipal cemetery for the purpose of scattering cremated remains.
(Source: P.A. 93-757, eff. 1-1-05.) |
(65 ILCS 5/Art. 11 Div. 50 heading) DIVISION 50.
TAX FOR RESTORATION OF NEGLECTED
CEMETERIES
|
(65 ILCS 5/11-50-1) (from Ch. 24, par. 11-50-1)
Sec. 11-50-1.
Cities and villages of less than 25,000 population may levy a tax
annually of not to exceed .025% of the value, as equalized or assessed
by the Department of Revenue, of all the taxable
property in the city or village for the purpose of reconditioning and
restoring neglected cemeteries, or any portion thereof, which are owned
by that city or village, or over which that city or village exercises
management and control.
No such tax shall be levied in any such city or village until the
question of levying the tax has first been certified by the clerk and
submitted to the electors of
that city or village and has been approved by a majority of the
electors voting thereon. The question
shall be
in substantially the following form:
Shall a tax of not exceeding .025%be levied each year on the taxable YESproperty in the city (or village) of.... for the purpose of reconditioning and restoring neglected cemeteries asprovided in Section 11-50-1 of the NOIllinois Municipal Code?
If a majority of the electors of the city or village voting thereon vote
for the levy of the tax herein provided for, the
city or village is authorized to levy and collect the tax. This tax
shall be in addition to all other taxes which that city or village is
now or hereafter may be authorized to levy on the taxable property
within the city or village, and shall be in addition to taxes for
general purposes authorized to be levied as provided by Section 8-3-1.
This tax shall be levied and collected in like manner as the general
taxes for that city or village.
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. 81-1489; 81-1509.)
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(65 ILCS 5/Art. 11 Div. 51 heading) DIVISION 51.
REMOVAL OF CEMETERIES
|
(65 ILCS 5/11-51-1) (from Ch. 24, par. 11-51-1)
Sec. 11-51-1.
Cemetery removal.
Whenever any cemetery is embraced within
the limits of any
city, village, or incorporated town, the corporate authorities thereof,
if, in their opinion, any good cause exists why such cemetery should be
removed, may cause the remains of all persons interred therein to be removed to
some other suitable place. However, the corporate authorities shall first
obtain the assent of the trustees or other persons having the control or
ownership of such cemetery, or a majority thereof. When such cemetery is owned
by one or more private parties, or private corporation or chartered society,
the corporate authorities of such city may require the removal of such cemetery
to be done at the expense of such private parties, or private corporation or
chartered society, if such removal be based upon their application. Nothing
in
this Section limits the powers of the City of Chicago to acquire property or
otherwise exercise its powers
under
Section 15 of the O'Hare Modernization Act.
(Source: P.A. 93-450, eff. 8-6-03.)
|
(65 ILCS 5/Art. 11 Div. 52 heading) DIVISION 52.
CONTROL AND MAINTENANCE OF
PUBLIC GRAVEYARDS
|
(65 ILCS 5/11-52-1) (from Ch. 24, par. 11-52-1)
Sec. 11-52-1.
Public graveyards, not under the control of any corporation
sole, organization or society, and located within the limits of cities,
villages, or incorporated towns, shall and may be controlled or vacated by
the corporate authorities of such city, village, or incorporated town in
such manner as such authorities deem proper.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-52-2) (from Ch. 24, par. 11-52-2)
Sec. 11-52-2.
The corporate authorities of any city, village or
incorporated town may accept a conveyance from any person, corporation,
association or society of any property within the limits of the city,
village or incorporated town, or within one mile of the corporate limits of
the city, village or incorporated town, which has been or is used as a
public graveyard or burial ground. After the acceptance of any such
conveyance the property conveyed shall be under the control, management,
maintenance and ownership of the city, village or incorporated town.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/Art. 11 Div. 52.1 heading) DIVISION 52.1.
REGULATION AND ESTABLISHMENT
OF CEMETERIES
|
(65 ILCS 5/11-52.1-1) (from Ch. 24, par. 11-52.1-1)
Sec. 11-52.1-1.
Any city or village may establish and maintain cemeteries,
within and without its corporate limits, and acquire lands therefor, by
condemnation or otherwise, and may lay out lots of convenient size for
families, and may sell lots for family burying ground, or to individuals
for burial purposes.
(Source: Laws 1963, p. 832.)
|
(65 ILCS 5/11-52.1-2) (from Ch. 24, par. 11-52.1-2)
Sec. 11-52.1-2.
Any city or village owning or controlling a municipal
cemetery lying within or without, or partly within or without, the
corporate limits of such city or village, shall have the power to appoint
by the mayor or president, with the advice and consent of the city council
or board of trustees, a board of 3 persons who shall be known as the
cemetery board of managers. Such managers shall hold their office for a
period of 2 years or until their successors are appointed. Such board of
managers may receive in trust from the proprietors or owners of any lot in
the cemetery, or any person interested in the maintenance of the cemetery,
any gift or legacy of any money or property,
either real, personal
or mixed, which may be donated to the board of managers for the use and
maintenance of the lot or cemetery. The board of managers may convert
property donated into money and invest the same in such manner as shall be
provided by ordinance of the city or village and apply the income therefrom
perpetually for the care of the cemetery lot or the care and maintenance of
the cemetery, as shall be specified in the gift or legacy and as
may be provided by ordinance of the city or village.
Every gift or legacy for any of the purposes
mentioned in this
section, made to a cemetery by its name, having a board of managers,
appointed as provided herein, shall vest in such board of managers and take
effect to all intents and purposes as if made to such board, and shall not
fail merely because such cemetery is not incorporated.
The board of managers shall, as soon as may be convenient after
appointment, meet and organize by selecting one of their number to be
president and another of their number to be clerk of such board, and also
to select a treasurer of such board, who may or may not be one of their
number. The treasurer, before entering upon his duties as such, shall
execute a bond to the People of the State of Illinois for the use of the
board of managers, in a penal sum not less than double the value of the
money or property coming into his hands as such treasurer, conditioned for
the faithful performance of his duties and for the faithful accounting for
all property which, by virtue of his office, comes into his possession.
The bond
shall be in such form and with such sureties as may be approved by the city
council or board of trustees appointing the board of managers, to be
approved and preserved in the same manner as is the bond of the treasurer
of such city or village.
The board treasurer shall have the custody of all money and property
received in trust by the board of managers, and shall pay out the same only
upon the written order of the board, signed by at least 2 of them, and he
shall keep permanent books of record of all such trust funds and of all
receipts and disbursements thereof, and for what purposes received and
disbursed. The treasurer shall annually make a written report to the
board of managers, under oath, showing balances, receipts and
disbursements, including a statement showing the amount and principal of
trust funds on hand and how invested. This report shall be audited by the
board, and if found correct, shall be transmitted to the city council or
board of trustees, at the same time that the treasurer of the city or
village is required by law to make his report, and shall be approved and
preserved in the same manner, if found to be correct.
The clerk of the board of managers shall keep, in a book provided for
such purpose, a permanent record of the proceedings of the board, signed by
the president and attested by the clerk, and shall also keep a permanent
record of the several trust funds, from what sources received, the amounts
thereof, and for what uses and purposes, respectively. The clerk shall
annually, at the time of transmitting the treasurer's report to the city
council or board of trustees, make a written report,
under oath, to the
city council or board of trustees, stating therein, substantially the same
matter required to be reported by the treasurer of the board. The clerk's
report, if found to be correct, shall be approved and preserved by the city
council or board of trustees. The city council or board of trustees shall
have the power to remove from office any or all of the board of managers or
the treasurer, for non-performance of duties or for misappropriation or
wrongful use of the funds or property, and to require a just and proper
accounting for the same.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-52.1-3) (from Ch. 24, par. 11-52.1-3)
Sec. 11-52.1-3.
Two or more cities, villages and townships may jointly
unite in establishing and maintaining cemeteries within and without their
territory or corporate limits, and acquire lands therefor in common, by
purchase, condemnation or otherwise, and may lay out lots of convenient
size for families, and may sell lots for family burying ground or to
individuals for burial purposes.
(Source: Laws 1963, p. 832.)
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(65 ILCS 5/11-52.1-4) (from Ch. 24, par. 11-52.1-4)
Sec. 11-52.1-4.
Whenever any money or other property has been or may
hereafter be given or bequeathed to the board of managers of any
municipal cemetery owned or controlled by any city or village for the
purpose of maintaining any lot in the cemetery, or for the purpose of
maintaining the cemetery, as provided in this Division 52.1, the municipal
authorities may by ordinance provide for the appointment of any corporation
authorized to do trust business as trustee of such money or property, in
place of the treasurer of the board of managers. The corporate trustee so
appointed shall have the same powers, authority and duties with regard to
the administration of the trust funds as are provided herein for the
treasurer of the board of managers except that it shall not be required to
execute a bond and may charge for its services as trustee such amounts as
may be agreed upon from time to time with the municipal authorities. The
corporate trustee so appointed shall have the power to invest the trust
funds in any investment authorized by the law of Illinois as proper
fiduciary investments. The trustee, however, may retain any property given
or bequeathed to it in trust even though such property may not be a
legal investment under the laws of Illinois.
The board of managers may from time to time establish the minimum amount
which will be received by gift or legacy for the use and
maintenance of any lot in the cemetery, subject to the approval by the
municipal authorities.
(Source: P.A. 83-388.)
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(65 ILCS 5/Art. 11 Div. 52.2 heading) DIVISION 52.2.
PERPETUAL CEMETERY TRUSTS
|
(65 ILCS 5/11-52.2-1) (from Ch. 24, par. 11-52.2-1)
Sec. 11-52.2-1.
If the city council or board of trustees of any city,
incorporated town or village, having the management and control of any
public graveyard or public cemetery, elects to receive and hold money,
funds and property in perpetual trust pursuant to the provisions of this
Division 52.2, it shall provide by ordinance for the appointment of a board
of managers, of such public graveyard or cemetery, and prescribe the
duties, and the term of office of the members of the board. The board shall
consist of not less than 3 or more than 5 persons, and the term of office
of each of its members shall be not less than 3 or more than 5 years. The
members of the board shall be appointed by the mayor or president with the
advice and consent of the city council or board of trustees. The members of
the board of managers shall hold office for the term prescribed by the
ordinance and until their successors are appointed, and the ordinance shall
make provisions so that the term of office of all of the members of the
board shall not expire at the same time.
The board of managers, as soon as may be convenient after appointment,
shall meet and organize by selecting one of their number to be president
and another of their number to be clerk of such board and also to elect a
treasurer of such board, who may or may not be a member of the board, and
who before entering upon his duties as such shall execute a bond to the
People of the State of Illinois for the use of the board of managers in a
penal sum of not less than double the value of such money or funds coming
into his hands as such treasurer, conditioned for the faithful performance
of his duties and for the faithful accounting for all money or funds which
by virtue of his office comes into his possession, and to
be in such form and
with such securities as may be prescribed and approved by the city council
or board of trustees appointing the board of managers, to be approved and
preserved in the same manner as is the bond of the treasurer of such city,
incorporated town or village.
Any person may give, donate or bequeath any sum of money or any
funds, securities, or property of any kind to the board of managers, in
perpetual trust, for the maintenance, care, repair, upkeep or ornamentation
of such cemetery, or any lot or lots, or grave or graves in such cemetery,
specified in the instrument making such gift, donation or legacy.
The board of managers are hereby authorized and empowered to receive and
hold in perpetual trust, any such money, securities, funds and property so
given, donated or bequeathed to it in trust. The board of
managers shall have the right to convert the property into money, and shall
invest the proceeds thereof and the money so given, donated, and bequeathed
to it, in such manner as shall be provided by the ordinance. The principal
of such trust fund shall be kept intact, and perpetually invested, and the
income thereof, shall be perpetually applied for the purposes specified, in
the instrument making such gift, donation or legacy
and for no
other purpose.
The treasurer of the board shall have the custody of all money and
property received in trust by the board of managers and shall pay out the
same only upon the written order of the board, signed by the president and
clerk thereof. The treasurer shall keep permanent books of record of all
such trust funds and all receipts and disbursements thereof, and for what
purposes received and disbursed, and shall annually make a written report
to the board of managers, under oath, showing balances, receipts
and disbursements, including a statement showing the amount and principal
of trust funds on hand and how invested. The report shall be audited by the
board and if found correct, shall be transmitted to the city council or
board of trustees, at the same time that the treasurer of the city,
incorporated town, or village is required by law to make his report, and to
be approved and preserved in the same manner, if found to be correct.
The clerk of the board of managers shall keep, in a book provided for
such purposes, a permanent record of the proceedings of the board,
signed by the president and attested by the clerk, and shall also keep a
permanent record of the several trust funds from what sources received, the
amounts thereof, and for what uses and purposes, respectively. The
treasurer shall annually, at the time of transmitting the treasurer's
report to the city council or board of trustees, make a written report,
under oath, to the city council or board of trustees, stating therein,
substantially the same matter required to be reported by the treasurer of
the board. The report, if found correct, shall be approved and preserved by
the city council or board of trustees.
The city council or board of trustees shall have the power to remove
from office any or all of the board of managers or the treasurer for
non-performance of duties or for misappropriation or wrongful use of the
funds or property and to require a just and proper accounting for the same.
The board of managers shall have the care, charge, management, and
control of such cemetery, under the supervision of the city council or
board of trustees.
The trust funds, gifts and legacies mentioned
in this section
and the income arising therefrom shall be exempt from taxation, and from
the operation of all laws of mortmain and the laws against perpetuities and
accumulations.
Any such trust executed to cemetery by its name shall vest in the board
of managers and take effect to all intents and purposes as if executed to
such board.
(Source: P.A. 83-388.)
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(65 ILCS 5/Art 11 prec Div 53 heading)
WEIGHTS AND MEASURES
|
(65 ILCS 5/Art. 11 Div. 53 heading) DIVISION 53.
INSPECTION AND USE
OF WEIGHTS AND MEASURES
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(65 ILCS 5/11-53-1) (from Ch. 24, par. 11-53-1)
Sec. 11-53-1.
The corporate authorities of each municipality may provide
for and regulate the inspection, weighing, and measuring of brick, lumber,
firewood, coal, hay, and any article of merchandise of the same kind.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-53-2) (from Ch. 24, par. 11-53-2)
Sec. 11-53-2.
The corporate authorities of each municipality may provide
for the inspection and sealing of weights and measures.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-53-3) (from Ch. 24, par. 11-53-3)
Sec. 11-53-3.
The corporate authorities of each municipality may require
the keeping and use of proper weights and measures by vendors.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-53-4) (from Ch. 24, par. 11-53-4)
Sec. 11-53-4.
The corporate authorities of each municipality may
require all grain, flour, meal, hay, feed, seeds, fruits, nuts,
vegetables and non-liquid vegetable products, meats and non-liquid
animal products, fish, butter, cheese and other similar dairy products,
dry groceries and all other similar articles of merchandise, or any
particular class or classes of the specified merchandise, in the absence
of a contract or agreement in writing to the contrary, to be sold by
standard avoirdupois weight or by numerical count.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 54 heading)
ATHLETIC CONTESTS AND OTHER AMUSEMENTS
|
(65 ILCS 5/Art. 11 Div. 54 heading) DIVISION 54.
ATHLETIC CONTESTS
AND EXHIBITIONS FOR GAIN
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(65 ILCS 5/11-54-1) (from Ch. 24, par. 11-54-1)
Sec. 11-54-1.
The corporate authorities of each municipality may license,
tax, and regulate all athletic contests and exhibitions carried on for
gain. This tax shall be based on the gross receipts derived from the sale
of admission tickets, but the tax shall not exceed 3% of the gross
receipts. No municipality may impose a tax under this Section, or impose any other amusement or exhibition tax, on ticket sales, membership fees, or any other charges for attending exhibitions or attractions associated with a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act, nor may any municipality impose a duty to collect a tax under this Section, or any other amusement or exhibition tax, on any owner or operator of a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act.
(Source: P.A. 96-1516, eff. 2-4-11.)
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(65 ILCS 5/Art. 11 Div. 54.1 heading) DIVISION 54.1.
CARNIVALS
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(65 ILCS 5/11-54.1-1) (from Ch. 24, par. 11-54.1-1)
Sec. 11-54.1-1.
"Carnival" means and includes an aggregation of
attractions, whether shows, acts, games, vending devices or amusement
devices, whether conducted under one or more managements or independently,
which are temporarily set up or conducted in a public place or upon any
private premises accessible to the public, with or without admission fee,
and which, from the nature of the aggregation, attracts attendance and
causes promiscuous intermingling of persons in the spirit of merrymaking
and revelry.
(Source: Laws 1963, p. 860.)
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(65 ILCS 5/11-54.1-2) (from Ch. 24, par. 11-54.1-2)
Sec. 11-54.1-2.
No carnival shall be set up, run, operated or conducted
within the limits of a city, village or incorporated town unless a written
permit from the corporate authorities has been issued, setting forth the
conditions under which such carnival shall be operated. The permit shall be
granted upon the condition that there shall not be set up or operated any
gambling device, lottery, number or paddle wheel, number board, punch
board, or other game of chance, or any lewd, lascivious or indecent show or
attraction making an indecent exposure of the person or suggesting lewdness
or immorality.
(Source: Laws 1963, p. 860.)
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(65 ILCS 5/11-54.1-3) (from Ch. 24, par. 11-54.1-3)
Sec. 11-54.1-3.
No such permit shall be granted by the corporate
authorities until they shall have investigated the carnival and are
satisfied that, if permitted, it will be operated in accordance with the
permit and the provisions of this Division 54.1. Such corporate
authorities may issue the permit and collect permit fees necessary to
pay the expenses of the investigation and to aid in policing the grounds
and otherwise to compensate the city, village or incorporated town in
such amount as the corporate authorities may determine. Each permit
shall contain the proviso that sheriffs and police officers
shall have free access to the grounds and all booths, shows and
concessions on such grounds at all times, and it shall be the duty of
all officers present at such carnival to enforce all the provisions of
this Division 54.1.
(Source: P.A. 83-341.)
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(65 ILCS 5/11-54.1-4) (from Ch. 24, par. 11-54.1-4)
Sec. 11-54.1-4.
The permit as provided for in this Division 54.1
shall be made in duplicate, one copy thereof being retained by the
corporate authorities. The other copy shall be kept in the possession of
the manager of the carnival and shall be produced and shown to any
sheriff, police officer or citizen, upon request.
(Source: P.A. 83-341.)
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(65 ILCS 5/11-54.1-5) (from Ch. 24, par. 11-54.1-5)
Sec. 11-54.1-5.
Any person who violates any of the provisions of this
Division 54.1 is guilty of a petty offense.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art 11 prec Div 55 heading)
COIN OPERATED DEVICES
|
(65 ILCS 5/Art. 11 Div. 55 heading) DIVISION 55.
TAX ON COIN OPERATED DEVICES
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(65 ILCS 5/11-55-1) (from Ch. 24, par. 11-55-1)
Sec. 11-55-1.
The right to tax the games or devices described in "An Act to
provide for the taxation and licensing of certain coin-operated amusement
devices and to prescribe penalties for the violation thereof", approved
July 7, 1953, as heretofore and hereafter amended, is not exclusive with
the State of Illinois, but municipalities of the State of Illinois may
impose taxes or license fees on such games and devices as described in said
Act of 1953 and may regulate or control the operation of the same within
such municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-55-2) (from Ch. 24, par. 11-55-2)
Sec. 11-55-2. No municipality with a population of less than
1,000,000, including a home rule unit, may
increase the fee for a license to own or operate a vending machine or to
dispense goods or services therefrom unless notice of a public hearing on
the matter has been given and such hearing has been held. The amount of the increase annually shall not exceed the greater of (i) $25, (ii) the amount of the fee multiplied by 5%, or (iii) the amount of the fee multiplied by the percentage increase in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor during the 12-month calendar year preceding the year in which the fee is increased. Notice of the
proposed increase shall be mailed at least 30 days before the hearing to
the last known address of each person currently holding such a license. It
is declared to be the law of this State,
pursuant to paragraph (g) of Section 6 of Article VII of the Illinois
Constitution, that this Section is a denial of the power of certain
home rule units to increase vending machine license fees without complying
with the requirements of this Section.
(Source: P.A. 94-967, eff. 6-30-06.)
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(65 ILCS 5/Art 11 prec Div 56 heading)
OIL AND GAS
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(65 ILCS 5/Art. 11 Div. 56 heading) DIVISION 56.
OIL AND GAS PERMITS
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(65 ILCS 5/11-56-1) (from Ch. 24, par. 11-56-1)
Sec. 11-56-1.
The corporate authorities of each municipality may grant
permits to mine oil or gas, under such restrictions as will protect public
and private property and insure proper remuneration for such grants.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 57 heading)
RAILROAD SAFETY
|
(65 ILCS 5/Art. 11 Div. 57 heading) DIVISION 57.
GENERAL RAILROAD
SAFETY REGULATIONS
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(65 ILCS 5/11-57-1) (from Ch. 24, par. 11-57-1)
Sec. 11-57-1.
The corporate authorities may compel railroad companies to
raise or lower their tracks to conform to any grade which, at any time, is
established by a municipality. Where the tracks run lengthwise of any
street or alley, the companies shall keep their tracks on a level with the
street surface, so that the tracks may be crossed at any place on that
street or alley.
The corporate authorities may compel railroad companies to make, open,
and repair ditches, drains, sewers, and culverts along and under their
tracks, so that water cannot stand on their property, and so that the
natural drainage of adjacent property is not impeded.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 58 heading) DIVISION 58.
RAILROAD GRADE SEPARATION TAX
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(65 ILCS 5/11-58-1) (from Ch. 24, par. 11-58-1)
Sec. 11-58-1.
Subject to the provisions of Section 11-58-3, the corporate
authorities of any municipality with a population of less than 500,000 have
the power to levy and collect a tax to provide for the payment of the costs
imposed by law upon the municipality for grade separations whenever, in the
manner provided by law, (1) separation of the grade of the roadbed and
tracks of any railroad from the grade of any public street or other public
place has been found to be required for public safety, necessity, and
convenience, and (2) a plan for a grade separation has been adopted and the
proportion of the costs of the grade separation to be paid by the
municipality has been prescribed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-58-2) (from Ch. 24, par. 11-58-2)
Sec. 11-58-2.
The corporate authorities of such a municipality shall
exercise the power conferred by this Division 58 by passing an ordinance
which (1) shall set forth the estimated total sum required to pay the
prescribed proportion of the total costs of grade separations, together
with all interest charges, and all other costs incident and necessary to
the levying and collecting of the tax and of the payment by the
municipality of its proportion of the costs of grade separations, (2)
shall describe the general plan and nature of the grade separations and
set forth the railroads and the public streets, or other public places,
to be affected thereby, and (3) shall provide for levying and collecting
a direct annual tax for not exceeding 10 successive years, sufficient to
create a fund to pay in annual installments, the total sum so estimated
and set forth in the ordinance. However, this tax shall not exceed in
any one year the rate of .50% of the value, as equalized or assessed by
the Department of Revenue, of all the taxable property
within the municipality. This tax shall be levied and collected with and
in like manner as the general tax in the municipality and shall be known
as the grade separation tax.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-58-3) (from Ch. 24, par. 11-58-3)
Sec. 11-58-3.
No such tax shall be levied or collected by such a
municipality unless the electors of the municipality have approved an ordinance
providing therefor as provided in Section 2 of "An Act to enable cities,
villages and incorporated towns having less than two hundred thousand
inhabitants, to provide for defraying whatever portion may be imposed upon
them by law of the costs and expenses of separation of the grades of railroads
and of public streets and public places, and to provide for a direct annual
tax therefor," approved June 17, 1929, as amended, or until the question
of the adoption of the ordinance specified in Section 11-58-2 has been
certified by the clerk and submitted to the electors of the municipality at any
election in the municipality designated in the ordinance and in accordance with
the general election law.
The question shall be in substantially the following form:
Shall an ordinance of the City(Village or Incorporated Town, as thecase may be) of .... passed on the.... day of .... providing for the YESlevy of a tax of ....% each yearfor the term of .... years on alltaxable property in the city for thepurpose of providing a fund to pay the proportion imposed by law uponthe city of the costs of separatingthe grades of the roadbed and tracksof the .... Railroad Company frompublic streets and public places in NOthe city (village or incorporatedtown), specified in the ordinance,be approved?
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-58-4) (from Ch. 24, par. 11-58-4)
Sec. 11-58-4.
The levy of such a grade separation tax is authorized if the
majority of the votes cast on the specified proposition are in favor
thereof. The county clerk thereafter shall extend the tax upon the books of
the collector of taxes in each of the years of the term specified in the
ordinance in the manner provided by law for the extension of the taxes of
the municipality, whether or not the tax in each of those years is included
in the municipality's annual tax levy ordinance, as that tax levy ordinance
is passed by the corporate authorities of the municipality and certified to
the county clerk. This annual tax shall be exclusive of and in addition to
the aggregate amount of taxes authorized by Section 8-3-1.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-58-5) (from Ch. 24, par. 11-58-5)
Sec. 11-58-5.
The tax levied and collected as provided in this Division 58
shall be deposited in a special municipal fund to be used solely for the
purpose of paying the proportion that is lawfully imposed upon the
municipality, of the costs of the grade separations designated and
described in the specified ordinance. Lawful changes and alterations in the
plans of these grade separations incidental and necessary thereto and
lawful changes in the costs thereof shall in no way prevent the levy and
collection of the tax or the payment of the proportion of the costs
lawfully imposed upon the municipality out of the tax so levied and
collected.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-58-6) (from Ch. 24, par. 11-58-6)
Sec. 11-58-6.
If at any time during the making of such grade
separations, it appears to the satisfaction of the corporate authorities
of the municipality, that the total sum of the tax authorized by the
specified ordinance to be levied and collected will be insufficient to
pay the proportion of the costs lawfully imposed upon the municipality,
of those grade separations, the corporate authorities have the power, by
ordinance, to set forth the total sum of the estimated deficiency and to
provide for levying and collecting a direct annual tax, for not
exceeding 5 successive years, sufficient to create a fund to pay, in
annual installments, the estimated deficiency. However, this
supplemental tax shall not exceed in any one year the rate of 1.25% of
the value, as equalized or assessed by the Department of Revenue, of
all the taxable property in the municipality.
The ordinance levying and collecting this supplemental tax, except as
provided in this Section, shall be subject to all the conditions and
limitations imposed by this Division 58 upon any original ordinance
levying and collecting a grade separation tax. Before this supplemental
tax shall be authorized, the supplemental ordinance shall be submitted
to and approved by the electors of the municipality in the manner
provided for in Section 11-58-3, unless the supplemental ordinance has
been heretofore submitted to and approved by the electors of the
municipality in the manner provided for in Section 2 of "An Act to
enable cities, villages and incorporated towns having less than two
hundred thousand inhabitants, to provide for defraying whatever portion
may be imposed upon them by law of the costs and expenses of separation
of the grades of railroads and of public streets and public places, and
to provide for a direct annual tax therefor," approved June 17, 1929, as
amended.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-58-7) (from Ch. 24, par. 11-58-7)
Sec. 11-58-7.
The word "costs", as used in this Division 58 means
sums paid by way of compensation to any property owner for the actual
taking or damaging of his property, and attorney's fees and court costs
incurred as a result of, or incident to, any grade separation covered by
this Division 58.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 59 heading)
CONTINUITY OF GOVERNMENT
|
(65 ILCS 5/Art. 11 Div. 59 heading) DIVISION 59.
CONTINUITY OF GOVERNMENT
IN CASE OF ENEMY ATTACK
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(65 ILCS 5/11-59-1) (from Ch. 24, par. 11-59-1)
Sec. 11-59-1.
The corporate authorities of each municipality may
provide for the continuity of the administrative and legislative
functions of the municipality in the event of attack upon the United
States.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 60 heading)
GENERAL POWERS - LICENSING AND NUISANCES
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(65 ILCS 5/Art. 11 Div. 60 heading) DIVISION 60.
ISSUING LICENSES
AND ABATING NUISANCES
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(65 ILCS 5/11-60-1) (from Ch. 24, par. 11-60-1)
Sec. 11-60-1.
The corporate authorities of each municipality may fix the
amount, terms, and manner of issuing and revoking licenses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-60-2) (from Ch. 24, par. 11-60-2)
Sec. 11-60-2.
The corporate authorities of each municipality may
define, prevent, and abate nuisances.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 61 heading)
PUBLIC WORKS, BUILDINGS AND PROPERTY
EMINENT DOMAIN AND PUBLIC WORKS - GENERAL
|
(65 ILCS 5/Art. 11 Div. 61 heading) DIVISION 61.
GENERAL EMINENT DOMAIN POWER
AND POWER TO PURCHASE ON CONTRACT
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(65 ILCS 5/11-61-1) (from Ch. 24, par. 11-61-1)
Sec. 11-61-1.
The corporate authorities of each municipality may exercise
the right of eminent domain by condemnation proceedings in conformity with
the provisions of the constitution and statutes of the State of Illinois
for the acquirement of property useful, advantageous or desirable for
municipal purposes or public welfare including property in unincorporated
areas outside of but adjacent and contiguous to the municipality where
required for street or highway purposes by the municipality.
(Source: Laws 1961, p. 2425.)
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(65 ILCS 5/11-61-1.5)
Sec. 11-61-1.5.
Acquiring property by gift, legacy, or grant.
Every municipality has the power to acquire by gift, legacy, or grant any
real estate or personal property, or rights therein, for purposes authorized
under this Code as its governing body may deem proper, whether the land or
personal property is located within or outside the municipal boundaries. This
Section
applies to gifts, legacies, and grants acquired before, on, or after the
effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-102, eff. 1-1-02.)
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(65 ILCS 5/11-61-1a) (from Ch. 24, par. 11-61-1a)
Sec. 11-61-1a. Any municipality with a population of over 500,000 may
utilize the quick-take procedures if such procedures are commenced on or
before January 1, 1990, for exercising the power of eminent domain under Section
7-103 of the Code of Civil Procedure (now Article 20 of the Eminent Domain Act) for the purpose of
constructing or extending rapid transit lines within the area bounded by a
line beginning at the intersection of East Jackson Boulevard and South Michigan Avenue
in the City of Chicago, running South on South Michigan Avenue to East
Pershing Road, then West on East Pershing Road and West Pershing Road to
South Ashland Avenue, then South on South Ashland Avenue to West Garfield
Boulevard, then West on West Garfield Boulevard and West 55th Street to
South Pulaski Road, then South on South Pulaski Road to West 63rd Street,
then West on West 63rd Street to South Central Avenue, then North on South
Central Avenue to West 55th Street, then East on West 55th Street to South
Cicero Avenue, then North on South Cicero Avenue to West 47th Street, then
East on West 47th Street to South Kedzie Avenue, then North on South Kedzie
Avenue to West Cermak Road, then East on West Cermak Road to South Halsted
Street, then North on South Halsted Street to West Jackson Boulevard, then
East on West Jackson Boulevard and East Jackson Boulevard to the place of beginning.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-61-2) (from Ch. 24, par. 11-61-2)
Sec. 11-61-2.
The corporate authorities of each municipality may vacate,
lay out, establish, open, alter, widen, extend, grade, pave, or otherwise
improve streets, alleys, avenues, sidewalks, wharves, parks, and public
grounds; and for these purposes or uses to take real property or portions
thereof belonging to the taking municipality, or to counties, school
districts, boards of education, sanitary districts or sanitary district
trustees, forest preserve districts or forest preserve district
commissioners, and park districts or park commissioners, even though the
property is already devoted to a public use, when the taking will not
materially impair or interfere with the use already existing and will not
be detrimental to the public.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-61-3) (from Ch. 24, par. 11-61-3)
Sec. 11-61-3.
The corporate authorities of each municipality having a
population of
less than 1,000,000 inhabitants shall have the express power to purchase or
lease either real estate or personal property for public purposes through
contracts which provide for the consideration for such purchase or lease to
be paid through installments to be made at stated intervals during a
certain period of time, but, in no case, shall such contracts provide for
the consideration to be paid during a period of time in excess of 20
years
nor shall such contracts provide for the payment of interest
at a rate of more than that permitted
in "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May 26, 1970, as
amended. The indebtedness incurred under
this Section when aggregated with existing indebtedness may not exceed the
debt limits provided in Division 5 of Article 8 of this Code.
The amendatory Acts of 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 91-493, eff. 8-13-99.)
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(65 ILCS 5/11-61-4) Sec. 11-61-4. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(65 ILCS 5/Art 11 prec Div 62 heading)
PUBLIC BUILDINGS
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(65 ILCS 5/Art. 11 Div. 62 heading) DIVISION 62.
GENERAL POWER TO ERECT
AND CARE FOR PUBLIC BUILDINGS
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(65 ILCS 5/11-62-1) (from Ch. 24, par. 11-62-1)
Sec. 11-62-1.
The corporate authorities of each municipality may provide
for the erection and care of all public buildings necessary for the use of
the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 62.1 heading) DIVISION 62.1.
PROVIDING FOR COURT ROOMS
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(65 ILCS 5/11-62.1-1) (from Ch. 24, par. 11-62.1-1)
Sec. 11-62.1-1.
Any municipality may set aside and maintain space in its
public buildings or may obtain space and maintain such space in privately
owned buildings for court room and office use by the circuit court of the
county in which the municipality is located and may supply all maintenance
employees and supplies needed to maintain such court room and office space
and to assist the court in any way the court deems fit in conducting its
business. The appearance and furnishings of the court rooms thus
established shall meet reasonable minimum standards as prescribed by the
Supreme Court of Illinois. Such standards shall be substantially the same
as those generally accepted in court rooms as to general furnishings,
arrangement of bench, tables and chairs, cleanliness, convenience to
litigants, decorations, lighting and other matters relating to the physical
appearance of the court room.
(Source: Laws 1963, p. 837.)
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(65 ILCS 5/Art. 11 Div. 63 heading) DIVISION 63.
COMMUNITY BUILDINGS AND
GYMNASIUMS
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(65 ILCS 5/11-63-1) (from Ch. 24, par. 11-63-1)
Sec. 11-63-1.
Subject to the provisions of this Division 63, the corporate
authorities of any municipality having a population of less than 500,000
inhabitants may establish, equip, maintain and operate a community
building or buildings which may include a gymnasium to be connected
thereto and may levy annually a tax of .075% of the value, as equalized
or assessed by the Department of Revenue, on all of the
taxable property in the municipality for these purposes. This tax shall
be in addition to all taxes authorized by law to be levied and collected
in that municipality and shall be in addition to the amount authorized
to be levied for general purposes as provided by Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-63-2) (from Ch. 24, par. 11-63-2)
Sec. 11-63-2.
The corporate authorities of any municipality specified
in Section 11-63-1 may not exercise the authorities granted by Section
11-63-1 until the question of establishing, equipping, maintaining and
operating a community building or buildings and the levying of an annual
tax therefor in the amount specified by Section 11-63-1 is submitted to
the electors of such municipality and approved by a majority of those
voting on the question.
Whenever a petition signed by the electors of any specified
municipality equal in number to 5% or more of the total number of votes
cast at the last preceding regular municipal election, is filed with the
municipal clerk of any such municipality requesting the
establishment, equipment, operation and maintenance of a community
building or buildings and the levy of an annual tax therefor,
the question shall be certified by the clerk and submitted to the municipal
electors.
The question shall be in substantially the
following form:
Shall the corporate authoritiesof (here insert name of YESmunicipality).... establish, equip,maintain and operate a community building or buildings and levyannually a tax of ....% for these NOpurposes?
If a majority of the votes cast on the question are in favor of the
proposition, the corporate authorities shall have the authority granted
to them by Section 11-63-1.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-63-3) (from Ch. 24, par. 11-63-3)
Sec. 11-63-3.
Any municipality which votes favorably upon the
proposition stated in Section 11-63-2 may also issue bonds, as herein
provided, for the acquisition or construction, or both, of such
property, either real or personal, or both, as may be necessary to
establish, equip, operate and maintain a community building or
buildings.
Whenever a petition, signed by the electors of any municipality
specified in Section 11-63-1, equal in number to 5% or more of the total
number of votes cast at the last preceding regular municipal election,
is filed with the municipal clerk of any such municipality
requesting the submission of the proposition
to authorize the issuance of bonds
for the acquisition or construction, or both, of property, either real
or personal, or both, to establish, equip, operate and maintain a
community building or buildings, the municipal clerk shall certify the
proposition for submission to the municipal
electors at an election in accordance with the general election law.
The corporate authorities by ordinance shall,
(1) designate the election at which the question shall be
submitted, and (2) designate the amount of bonds to be issued,
This question may be submitted at the same time as
the question stated in Section 11-63-2.
The proposition shall be substantially in the following form:
Shall bonds for community building purposes to the amount YES of $.... be issued by the city (or village or incorporated NO town, as the case may be) of ....?
If a majority of the votes cast on the question are in favor of the
proposition, the corporate authorities shall issue general obligation
bonds of the municipality, not exceeding the amount authorized at the
election. The bonds shall mature not more than 20 years after the date
of their issuance, shall be in denominations of $100, or any multiple
thereof, shall bear interest at a rate not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and
shall be sold at not less than par, all in such manner as the corporate
authorities may determine. The corporate authorities, in the manner and
at the time provided by law, shall provide by ordinance for the levy and
collection of a direct annual tax sufficient to pay the maturing
principal and interest on the bonds. Such tax shall not be included
within any tax rate limitation, but shall be excluded therefrom and be
in addition thereto and be in excess thereof, and it shall be the duty
of the recording officer of any such municipality to file a certified
copy of any such ordinance with the county clerk of each county in which
any portion of such municipality is situated and it shall be the duty of
such county clerk to extend taxes against all of the taxable property of
such municipality situated in the county in amounts sufficient to pay
the principal of and interest upon any such bonds as the same becomes
due without limitation as to rate or amount.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-63-4) (from Ch. 24, par. 11-63-4)
Sec. 11-63-4.
Whenever the proposition stated in Section 11-63-2 has been
adopted by any municipality specified in Section 11-63-1, the corporate
authorities may assume the management of any community building or
buildings or may vest the management of the community building or buildings
in the playground and recreation board, or may, by ordinance, create a
special board therefor. Such special board, if created, shall consist of 3
directors appointed by the mayor or president with the approval of the
corporate authorities. The first appointees shall hold office for terms of
one, 2 and 3 years, respectively, as determined by lot, beginning July 1st
following their appointment. Annually thereafter, prior to July 1st, a
director shall be appointed in like manner for a term of 3 years. All
directors shall hold office until their respective successors are appointed
and qualified. Vacancies shall be filled in like manner as original
appointments. The mayor or president, with the approval of the corporate
authorities, may remove any director for misconduct in office or neglect of
duty. If a special board is created as herein provided, the directors shall
within 10 days meet and organize, one member shall be elected chairman and
one member shall be elected clerk of the board.
No person connected with the management of any community building at any
time, either directly or indirectly, shall be interested in any contract
for the purchase or sale of any supplies or materials used in the
construction, repair, operation or maintenance of any community building.
No director or person serving in a similar capacity shall receive
compensation for his services.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-63-5) (from Ch. 24, par. 11-63-5)
Sec. 11-63-5. The corporate authorities may acquire a site or sites for a
community building or buildings by condemnation in the name of the
municipality in the manner provided
for the exercise of the
right of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-63-6) (from Ch. 24, par. 11-63-6)
Sec. 11-63-6.
The corporate authorities may dedicate and set apart for the
use of any community building any land or building which is owned or leased
by the municipality and which is not dedicated or devoted to another and
inconsistent public use and may make appropriations from the general
corporate funds for any of the purposes provided by this Division 63.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-63-7) (from Ch. 24, par. 11-63-7)
Sec. 11-63-7.
The managing authority may accept any gift of real or
personal property, but if the acceptance will subject the municipality to
expense, or is subject to a condition, it shall be subject to approval by
the corporate authorities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-63-8) (from Ch. 24, par. 11-63-8)
Sec. 11-63-8.
Any 2 or more contiguous municipalities, which have voted to
establish a community building or buildings, may jointly establish, equip,
operate and maintain the same. Any school board or park board, if otherwise
authorized, may join with any municipality in the establishment, equipment,
operation and maintenance of a community building or buildings. In any case
of joint management, the terms shall be fixed by agreement of the corporate
authorities thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-63-9) (from Ch. 24, par. 11-63-9)
Sec. 11-63-9.
Any community building may be dedicated to the soldiers and
sailors of the municipality in such manner as the managing authority
determines, or in the event that 50% or more of the cost of the building is
paid for by donations or legacies, it may be dedicated in
accordance with the terms, if any, of the instrument by which the donation
or legacy is made.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-63-10) (from Ch. 24, par. 11-63-10)
Sec. 11-63-10.
Subject to the rules of the corporate authorities, or the
board to which the management has been delegated, each community building
and its facilities shall be available for the use and benefit of the
municipal inhabitants for recreational and educational purposes. Such
corporate authorities or board may charge reasonable admission or use fees
and may permit the use of a community building and its facilities
temporarily, for any reasonable and legitimate private use, on such terms
as may be reasonable and proper. When 50% or more of the cost of the
building has been paid for from donations or legacies for the
purpose of paying part of the cost of the building or all the cost, the use
of the building shall be free and no admission or use fees shall be
charged, and the words "reasonable and legitimate" as used in the prior
portion of this section shall not authorize a use permit for a valuable
consideration. No private use shall be permitted which unduly restricts the
public use of the building and its facilities. Private permittees may
charge admission fees, except where 50% or more of the cost of the building
has been paid for from donations or legacies
for the purpose of
paying part of or all of the cost of the building.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-63-11) (from Ch. 24, par. 11-63-11)
Sec. 11-63-11.
If the management of the community building or buildings has
been vested by the corporate authorities in the playground and recreation
board, or in a special board, as authorized by Section 11-63-4, such board
shall make a full report of receipts and expenditures to the corporate
authorities within 30 days after the close of each fiscal year and shall,
at least 10 days prior to the passage of the municipal appropriation
ordinance and tax levy ordinance, report and certify to the corporate
authorities an itemization of the amount of money required for the ensuing
year, for community building purposes. The treasurer of the municipality
shall be treasurer of all funds provided by this Division 63 and he shall
pay out the same only upon written order of a majority of the playground
and recreation board or special board, if created, whenever the management
of any community building or buildings is vested in any such playground and
recreation board or any such special board.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 64 heading) DIVISION 64.
BONDS FOR MUNICIPAL BUILDINGS
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(65 ILCS 5/11-64-1) (from Ch. 24, par. 11-64-1)
Sec. 11-64-1.
Any municipality with a population of less than 500,000 may
issue bonds for the purpose of constructing, acquiring, purchasing,
improving, repairing or equipping a municipal hall or halls or any other
municipal building or buildings used for any municipal purpose, including
the acquisition of a site or sites therefor. The bonds shall be issued
subject to the provisions of Sections 8-4-1, 8-4-2 and 11-64-2. These bonds
may be issued in an amount which, including the existing municipal
indebtedness, does not exceed the constitutional limitation as to debt,
notwithstanding any legislative debt limitation to the contrary.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-64-2) (from Ch. 24, par. 11-64-2)
Sec. 11-64-2.
A certified copy of the ordinance authorizing the issuance of
the bonds provided for in Section 11-64-1 shall be filed with the county
clerk in each county in which any portion of the issuing municipality is
situated. Each such county clerk shall annually extend taxes against all of
the taxable property contained in the municipality or in that portion
thereof which is situated in his county at a rate sufficient to pay the
maturing principal and interest of these bonds. This rate shall be extended
against all of the taxable property of that municipality in addition to all
other taxes now or hereafter authorized to be levied by that municipality.
If any part of the tax liability created under this section is
discharged from other sources, the corporate authorities of that
municipality shall not apply any of the tax money collected under the
provisions of this section to any object or purpose other than the
discharge of the principal and interest on these bonds. The money so
collected shall be held in the municipal treasury as a special fund for
that purpose until the entire liability of that municipality upon these
bonds is fully discharged. Before any part of the municipal revenue or
income from any other source is applied in discharge of the interest or
principal of these bonds, the municipal treasurer, comptroller, or other
custodian of the funds of the municipality shall publish a statement
setting forth fully the amount of funds so taken from other sources, and
from what source and fund taken. This statement shall be published in like
manner as is required for the publication of city ordinances before they
become effective.
Any officer who uses any of the tax money so collected for any other
purpose than that authorized by the provisions of this section shall be
liable to prosecution for diverting public funds from the uses to which
they have been appropriated or set apart.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 65 heading) DIVISION 65.
MUNICIPAL CONVENTION HALLS
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(65 ILCS 5/11-65-1) (from Ch. 24, par. 11-65-1)
Sec. 11-65-1.
In this Division 65, unless the context otherwise requires;
(1) "Municipal convention hall" means a | ||
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(2) "Municipal convention hall purposes" means the | ||
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The objects and purposes defined and set forth in this Division 65 are
municipal corporate objects and purposes.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-2) (from Ch. 24, par. 11-65-2)
Sec. 11-65-2.
Every municipality that has a population
exceeding 40,000; and every
municipality with a population of 12,500 or more but less than
25,000
that (i) is located in a county with a population of 250,000 or more but less
than 260,000 and (ii)
does not levy a property tax;
has the
power to acquire, construct, manage, control, maintain, and operate within
its corporate limits a municipal convention hall or halls.
(Source: P.A. 91-682, eff. 1-26-00; 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-3) (from Ch. 24, par. 11-65-3)
Sec. 11-65-3. Every such municipality may acquire by dedication,
gift, lease,
contract, purchase, or condemnation all property and rights, necessary or
proper, within the corporate limits of the municipality, for
municipal convention
hall purposes, and for these purposes may (1) appropriate money, (2) levy
and collect taxes, (3) borrow money on the credit of the municipality, and (4)
issue bonds therefor.
In all cases where property is acquired or sought to be acquired by
condemnation, the procedure shall be, as nearly as may be, like that
provided for the exercise of the right of eminent
domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-65-4) (from Ch. 24, par. 11-65-4)
Sec. 11-65-4.
All appropriations and bond issues for the use of such a
municipal convention hall shall be made by the corporate authorities in the
manner
provided by law. All warrants upon which any portion of these funds are to
be paid out shall bear the signature of such officials as may be designated
by the corporate authorities.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-5) (from Ch. 24, par. 11-65-5)
Sec. 11-65-5.
The corporate authorities, in the manner
and at the time provided by
law, shall provide by ordinance for the collection of a direct annual tax
sufficient to pay the interest on bonds issued under this Division 65 as it
falls due, and also to pay the principal thereof as it falls due, unless the
bonds are to be payable from sources other than a tax levy.
Except that the corporate authorities of any
municipality
A) with a population of 12,500 or more but less than 25,000
that i) is located in a county with a population of 250,000 or more but less
than 260,000 and ii) does not levy a property tax; or B) with a population
between 40,000 and 75,000 shall not levy a property tax for purposes of this
Division 65.
(Source: P.A. 91-682, eff. 1-26-00; 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-6) (from Ch. 24, par. 11-65-6)
Sec. 11-65-6.
Every such municipality referenced in Section 11-65-2 has the
power under this Division 65 to contract for the
management of all or any portion of the municipal convention hall, including,
but not limited to, long-term multi-year contracts and to license or lease
all or any part of the municipal convention
hall to assemblages for definite short periods of time, upon such terms and
compensation as may be prescribed by the corporate authorities or as may be
determined by ordinances, rules, or regulations passed or prescribed by the
corporate authorities.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-7) (from Ch. 24, par. 11-65-7)
Sec. 11-65-7.
The corporate authorities, under rules and
regulations prescribed by a
general ordinance, and not otherwise, may provide for granting the free use
of such a municipal convention hall to the inhabitants of the municipality, or
to
local bodies or organizations existing within the municipality,
for civic,
patriotic, educational, charitable, or political purposes and also for
historic celebrations, free amusements, concerts, entertainments, lectures
and discussions.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-8) (from Ch. 24, par. 11-65-8)
Sec. 11-65-8.
The corporate authorities from time to
time may establish by ordinance
all needful rules and regulations for the management and control of such a
municipal convention hall. All these ordinances, for the violation of which
fines are imposed shall be published in the same manner and form as is
required for other ordinances of the municipality, and these ordinances may
be printed in book or pamphlet form in such manner as the corporate
authorities shall direct. Rules established by these ordinances shall be
brought to the notice of the public by being posted in conspicuous places
in the municipal convention hall. When these ordinances are printed in book
or
pamphlet form, and purport to be published by authority of the corporate
authorities, the book or pamphlet shall be received in all courts as evidence
of the contents of these ordinances, and of the passage and publication
thereof as of the dates therein mentioned, without further proof.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-9) (from Ch. 24, par. 11-65-9)
Sec. 11-65-9. Every municipality owning and operating such a
municipal convention
hall shall keep books of account for the municipal convention hall separate
and
distinct from other municipal accounts and in such manner as to
show the true
and complete financial standing and results of the municipal
ownership and
operation. These accounts shall be so kept as to show: (1) the actual cost
to the municipality of maintenance, extension, and improvement,
(2) all operating
expenses of every description, (3) if water or other service is furnished
for the use of the municipal convention hall without charge, as nearly as
possible,
the value of that service, and also the value of any use or service
rendered by the municipal convention hall to the municipality
without charge, (4) reasonable
allowances for interest, depreciation, and insurance, and (5) estimates of
the amount of taxes that would be chargeable against the property if owned
by a private corporation. The corporate authorities shall
publish a report annually
showing the financial results, in the form specified in this section, of
the municipal ownership and operation 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.
The accounts of the convention hall shall be examined at least once a
year by a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act who shall report to the corporate authorities the
results of his examination. This accountant shall be selected as the
corporate authorities may direct, and he shall receive for
his services such
compensation, to be paid out of the revenue from the municipal convention
hall, as
the corporate authorities may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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(65 ILCS 5/11-65-10) Sec. 11-65-10. Public-facilities corporations authorized.
(a) Each municipality referenced in Section 11-65-2 is authorized to incorporate a public-facilities corporation to exercise, as business agent of the municipality, the powers of the municipality set forth in Section 11-65-2, Section 11-65-6, and Section 11-65-7, and also the power of the municipality to acquire by dedication, gift, lease, contract, or purchase all property and rights, necessary or proper, within the corporate limits of the municipality, for municipal convention hall purposes. (b) In this Division 65, unless the context otherwise requires, a "public-facilities corporation" means an Illinois not-for-profit corporation whose purpose is charitable and civic, organized solely for the purpose of (i) acquiring a site or sites appropriate for a municipal convention hall; (ii) constructing, building, and equipping thereon a municipal convention hall; and (iii) collecting the revenues therefrom, entirely without profit to the public-facilities corporation, its officers, or directors. A public-facilities corporation shall assist the municipality it serves in the municipality's essential governmental purposes. (c) The municipality shall retain control of the public-facilities corporation by means of the municipality's expressed legal right, set forth in the articles of incorporation of the public-facilities corporation, to appoint, remove, and replace the members of the board of directors of the public-facilities corporation. The directors and officers of the public-facilities corporation shall serve without compensation but may be reimbursed for their reasonable expenses that are incurred on behalf of the public-facilities corporation. Upon retirement or redemption of any bonds or other debt instruments issued by the public-facilities corporation in connection with the development of the municipal convention hall, the legal title to the municipal convention hall shall be transferred to the municipality without any further consideration by or on behalf of the municipality.
(d) The municipality may designate a public-facilities corporation to include a facility that operates for the benefit of multiple units of local government through a management board created by a duly executed intergovernmental cooperation agreement and ratified by each duly elected board. (Source: P.A. 98-109, eff. 7-25-13.) |
(65 ILCS 5/11-65-15) Sec. 11-65-15. Exemption from use and occupation taxes. No tax is imposed under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, or the Retailers' Occupation Tax Act upon the use or sale of tangible personal property sold to a public-facilities corporation for purposes of constructing or furnishing a municipal convention hall.
(Source: P.A. 95-672, eff. 10-11-07.) |
(65 ILCS 5/11-65-20) Sec. 11-65-20. Exemptions from property taxation. All real property and the municipal convention hall owned by the public-facilities corporation is exempt from property taxation.
(Source: P.A. 95-672, eff. 10-11-07.) |
(65 ILCS 5/11-65-25)
Sec. 11-65-25. Tax exemptions for existing public-facilities corporations. If, before the effective date of this amendatory Act of the 95th General Assembly, a municipality has incorporated a public-facilities corporation and the public-facilities corporation complies with the requirements set forth in Section 11-65-10, then, for all purposes: (1) No tax is imposed under the Use Tax Act, the | ||
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(2) all real property and the municipal convention | ||
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(Source: P.A. 95-672, eff. 10-11-07.) |
(65 ILCS 5/Art. 11 Div. 66 heading) DIVISION 66.
COLISEUMS IN CITIES AND VILLAGES
OF LESS THAN 500,000
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(65 ILCS 5/11-66-1) (from Ch. 24, par. 11-66-1)
Sec. 11-66-1.
Every city and village with a population of less than 500,000 in the
manner provided in this Division 66, may establish and maintain a
municipal coliseum to be used for general educational and amusement
purposes for the benefit of its inhabitants. For this purpose, the
corporate authorities may levy a tax not to exceed .25% of the value, as
equalized or assessed by the Department of Revenue, on
all the taxable property of the municipality, for the establishment of
such a coliseum, and thereafter may annually levy a tax not to exceed
.05% of the value, as equalized or assessed by the Department of Revenue,
on all the taxable property of the municipality, for
the maintenance thereof. Those taxes shall be levied and collected in
like manner as other taxes of the municipality are levied and collected
for municipal purposes. This tax when collected shall be paid to the
municipal treasurer and shall be designated as the municipal coliseum
fund. This tax shall be in addition to all other taxes which the
municipality is now or may be hereafter authorized to levy and collect,
and shall be in addition to the amount authorized to be levied for
general purposes as provided by Section 8-3-1.
The foregoing limitations upon tax rates 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 5/11-66-2) (from Ch. 24, par. 11-66-2)
Sec. 11-66-2.
Whenever 100 or more electors of a specified
municipality present a written petition to the municipal clerk
asking that an annual tax be levied for the establishment and
maintenance of a municipal coliseum in the municipality, the municipal
clerk shall certify the proposition for submission
to the electors of the municipality at an election in accordance with the
general election law.
The question shall be in substantially the following form:
Shall an annual tax be leviedfor the establishment and YESmaintenance of a municipal coliseum in the city (or NOvillage) of ....?
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-66-3) (from Ch. 24, par. 11-66-3)
Sec. 11-66-3.
If a majority of all votes cast at the election are in favor of the tax
levy for a municipal coliseum, the corporate authorities, in the next
annual tax levy, shall include a tax not to exceed .25% of the value, as
equalized or assessed by the Department of Revenue, on all
the taxable property of the municipality for the establishment of a
municipal coliseum in the municipality, and thereafter may annually levy a
tax not to exceed .05% of the value, as equalized or assessed by the
Department of Revenue, on all the taxable property of the
municipality, for the maintenance thereof and for the payment for the use
of any money loaned or advanced to the municipality for the purpose of
buying a site and building the municipal coliseum, and for the repayment of
any money so loaned or advanced. Payment for the use of money so loaned or
advanced shall be in such form and manner as the board of directors may
determine, and the amount so paid shall not exceed 5% annually on any money
so loaned or advanced. The corporate authorities of such a municipality,
when real estate owned by the municipality is not necessary for any other
municipal purpose, may authorize the use of the real estate for the
municipal coliseum.
The foregoing limitations upon tax rates may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 86-1028.)
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(65 ILCS 5/11-66-4) (from Ch. 24, par. 11-66-4)
Sec. 11-66-4.
Whenever a one year period has elapsed after which a
municipal coliseum has been sold by the municipality and during which the
tax authorized by this Division 66 has not been levied, the municipal
authorities may pass an ordinance transferring the unobligated balance in
the municipal coliseum fund to the general corporate fund.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-5) (from Ch. 24, par. 11-66-5)
Sec. 11-66-5.
Whenever a specified municipality decides to establish and
maintain a municipal coliseum, the mayor or president of the municipality,
with the approval of the corporate authorities, shall appoint a board of 3
directors. None of the directors shall hold any other office with the
government of the municipality, and all of them shall be citizens of the
municipality and chosen with reference to their special fitness for the
office. The first board of directors shall hold office, one for one year,
one for 2 years, and the third for 3 years, from and after the first day of
July following their appointment. At their first regular meeting after
their appointment they shall cast lots for the respective terms. Annually
thereafter, before the first of July of each year, the mayor or president
shall appoint one director to take the place of the retiring director.
These subsequent appointees shall hold office for a period of 3 years. All
directors shall hold office until their respective successors are
appointed. The mayor or president, with the approval of the corporate
authorities, may remove any director for misconduct in office or neglect of
duty. Vacancies in the board of directors, however occasioned, shall be
filled for the remainder of the unexpired term in like manner as original
appointments.
No director at any time, either directly or indirectly, shall be
interested in any contract with the board or in the purchase or sale of any
supplies or materials used in the building or maintenance of the municipal
coliseum. No director shall receive compensation for his services as
director.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-6) (from Ch. 24, par. 11-66-6)
Sec. 11-66-6.
These directors shall meet immediately after their
appointment and organize by the election of one of their members as
president and one as secretary. The president and secretary shall have the
duties usually performed by such officers of similar boards. After the
organization the board of directors shall make and adopt such by-laws,
rules, and regulations for their own guidance, for the transaction of the
business of the board, and for the management of the municipal coliseum as
they may deem expedient. These by-laws, rules and regulations shall not be
inconsistent with this Division 66. Subject to the approval of the
corporate authorities, the board of directors may build, erect, construct,
and equip a municipal coliseum for the uses designated in this Division 66,
and may purchase or lease such real estate, and perform all such acts as
may be reasonably necessary to accomplish that purpose. The board shall
have exclusive care, custody, and management of the municipal coliseum
after it is constructed, and the exclusive control of the expenditure of
all money collected to the credit of the municipal coliseum fund. No money
shall be drawn by the board from the municipal treasurer, except upon order
of the board and upon checks or vouchers drawn upon the municipal
treasurer, and signed by the president and secretary of the board.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-7) (from Ch. 24, par. 11-66-7)
Sec. 11-66-7.
Subject to the approval of the corporate authorities, the
board of directors, for the purpose of assisting in establishing a
municipal coliseum, has the power to borrow money on the coliseum property,
and to issue bonds secured by mortgage or deed of trust on that property.
These bonds shall mature on or before 20 years from the date of their
issuance, and shall draw 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 semi-annually. The board may negotiate
and sell these bonds at not less than par and accrued interest. These bonds
and all interest coupons attached thereto may be executed by the board, and
the mortgage or deed of trust securing them shall be executed by the
municipality through its proper officers. All proceeds arising from these
bonds shall be paid to the municipal treasurer, and by him deposited to the
credit of the municipal coliseum fund, and the proceeds shall be used only
for the establishment of such a municipal coliseum. Out of the annual tax
levy the board of directors shall provide a sinking fund for the retirement
of these bonds when they become due.
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.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/11-66-8) (from Ch. 24, par. 11-66-8)
Sec. 11-66-8.
The board of directors of a municipal coliseum shall make a
full report of receipts and expenditures to the corporate authorities
annually on or before July first of each year, and annually, prior to the
passage of the annual appropriation ordinance and tax levy ordinance by the
corporate authorities, shall report and certify to the corporate
authorities the amount of money appropriated by them for the ensuing year,
and the items thereof, and the amount of money necessary to be raised by
taxation for the maintenance of the municipal coliseum.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-9) (from Ch. 24, par. 11-66-9)
Sec. 11-66-9.
Every municipal coliseum shall be for the free use and
benefit of the inhabitants of the municipality wherein the coliseum is
established, for lectures, concerts, public assemblies, other general
educational purposes, and for the purpose of maintaining free amusements
and entertainments. All of these uses shall be subject to such reasonable
rules and regulations as the board of directors may adopt in order to
render the use of the property of the greatest benefit to the greatest
number. The board of directors has the power to temporarily lease the
coliseum, when not in use for public purposes, for any reasonable and
legitimate private use, on such terms as they may prescribe. When so
temporarily leased, an admission fee may be charged by the lessees. All
rentals received shall be paid to the municipal treasurer, and by him
deposited to the credit of the municipal coliseum fund.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-10) (from Ch. 24, par. 11-66-10)
Sec. 11-66-10. The board of directors, with the approval of the corporate
authorities may acquire a site for a municipal coliseum by condemnation in
the name of the municipality. Any proceeding to condemn for this purpose
shall be maintained and conducted in the manner provided for the exercise
of the right of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-66-11) (from Ch. 24, par. 11-66-11)
Sec. 11-66-11.
All municipal coliseums established and maintained under "An
Act to enable cities and villages having a population not to exceed five
hundred thousand (500,000), to establish and maintain public and municipal
coliseums," approved June 27, 1913, as amended, which were in existence
immediately prior to January 1, 1942, shall be treated as properly
established under this Division 66 and may be continued to be maintained
under this Division 66. All cities and villages whose electors have
approved the levy of an annual tax for a public municipal coliseum under
that Act may continue to levy the tax under this Division 66 without
submitting the question of its levy to the electors for approval.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 67 heading) DIVISION 67.
COLISEUMS IN MUNICIPALITIES OF
75,000 OR LESS
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(65 ILCS 5/11-67-1) (from Ch. 24, par. 11-67-1)
Sec. 11-67-1.
Subject to a referendum vote, any municipality having a
population of 75,000 or less, may acquire, construct, manage, control,
maintain, and operate within its corporate limits a municipal coliseum with
all necessary adjuncts thereto.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-2) (from Ch. 24, par. 11-67-2)
Sec. 11-67-2.
Whenever, in a specified municipality not less than 5%
of the electors voting at the last preceding general municipal election
petition the municipal clerk for the submission to a referendum vote the
proposition of establishing and maintaining a municipal coliseum, the municipal
clerk shall certify the proposition for submission at an election in accordance
with the general election law. The proposition shall be substantially in the
following form:
Shall the city (or village or YESincorporated town) of .... establish and maintain a municipal coliseum? NO
If a majority of the votes cast upon the proposition are in favor thereof,
a municipal coliseum shall be established and maintained in that municipality.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-67-3) (from Ch. 24, par. 11-67-3)
Sec. 11-67-3.
Every such municipality has the power to acquire by
dedication, gift, lease, contract, or purchase, all property and rights,
necessary or proper, within the corporate limits of the municipality for
municipal coliseum purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-4) (from Ch. 24, par. 11-67-4)
Sec. 11-67-4.
Every such municipality has the power to levy and collect taxes for
the purpose of establishing and maintaining a municipal coliseum.
However, any tax levied to establish and maintain such a coliseum shall
not exceed .025% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property within
that municipality.
These taxes shall be in addition to the amount authorized to be
levied for general purposes under 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 5/11-67-5) (from Ch. 24, par. 11-67-5)
Sec. 11-67-5.
Every such municipality has the power to borrow money
on the credit of the municipality and to issue bonds, in the manner
provided by law, for the purpose of establishing and maintaining a
municipal coliseum. But no issue of bonds shall be valid unless the
proposition of issuing the bonds is first certified by the municipal clerk
and submitted to the electors of
the municipality and is approved by a majority of those voting on the
proposition. The proposition shall be substantially in the following form:
Shall bonds for the purpose ofestablishing and maintaining a YESmunicipal coliseum, in the amount of $....(insert amount), be issued NOby the ....(insert name of municipality)?
Each year after bonds are issued under this Division 67 and until all
bonds so issued are retired, there shall be included in and added to the
taxes levied for municipal purposes, a direct annual tax for an amount
sufficient to pay the interest as it accrues on each bond so issued, and
also to pay the principal of these bonds at par value, as the bonds
respectively fall due. Any tax levied to pay off any bond issue
hereafter approved shall not exceed .05% of the value, as equalized or
assessed by the Department of Revenue, upon the taxable
property within the municipality.
(Source: P.A. 81-1489; 81-1509.)
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(65 ILCS 5/11-67-6) (from Ch. 24, par. 11-67-6)
Sec. 11-67-6.
Every such municipality which establishes and owns a
municipal coliseum has the power to license or lease all or any part of the
coliseum to assemblages for definite short periods of time, upon such terms
and compensation as may be prescribed by the corporate authorities or as
may be determined by ordinances, rules, or regulations passed or prescribed
by the corporate authorities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-7) (from Ch. 24, par. 11-67-7)
Sec. 11-67-7.
The corporate authorities may provide for granting the free
use of such a municipal coliseum to the inhabitants of the municipality, or
to local bodies or organizations existing within the municipality, for
civic, patriotic, educational, charitable, or political purposes and also
for historic celebrations, free amusements, concerts, entertainments,
lectures, and discussions.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-8) (from Ch. 24, par. 11-67-8)
Sec. 11-67-8.
The corporate authorities from time to time may establish by
ordinance all needful rules and regulations for the management and control
of such a municipal coliseum. All these ordinances, for the violation of
which fines are imposed, shall be published in the same manner and form as
is required for other ordinances of the municipality, and these ordinances
may be printed in book or pamphlet form in such manner as the corporate
authorities shall direct. Rules established by these ordinances shall be
brought to the notice of the public by being posted in conspicuous places
in the coliseum. When these ordinances are printed in book or pamphlet
form, and purport to be published by authority of the corporate authorities
of a designated municipality, the book or pamphlet shall be received in all
courts as evidence of the contents of these ordinances, and of the passage
and publication thereof as of the date therein mentioned, without further
proof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-9) (from Ch. 24, par. 11-67-9)
Sec. 11-67-9. Every municipality owning and operating such a
municipal coliseum shall keep books of account for the coliseum separate
and distinct from other municipal accounts and in such manner as to show
the true and complete financial standing and results of the municipal
ownership and operation. These accounts shall be so kept as to show: (1)
the actual cost to the municipality of maintenance, extension, and
improvement, (2) all operating expenses of every description, (3) if
water or other service is furnished for the use of the municipal
coliseum without charge, as nearly as possible, the value of that
service, and also the value of any use or service rendered by the
municipal coliseum to the municipality without charge, (4) reasonable
allowances for interest, depreciation, and insurance, and (5) estimates
of the amount of taxes that would be chargeable against that property if
owned by a private corporation. The corporate authorities shall have
printed annually for public distribution, a report showing the
financial results, in the form specified in this section, of the
municipal ownership and operation.
The accounts of the municipal coliseum shall be examined at least
once a year by a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act, who shall report to the corporate
authorities the results of his examination. This accountant shall be
selected as the corporate authorities may direct, and he shall receive
for his services such compensation, to be paid out of the revenue from
the municipal coliseum, as the corporate authorities may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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(65 ILCS 5/11-67-10) (from Ch. 24, par. 11-67-10)
Sec. 11-67-10.
If a majority of the electors voting on the proposition in
any municipality have voted for a municipal coliseum under "An Act to
enable cities, villages and incorporated towns having a population of
seventy-five thousand or less, to establish and maintain municipal
coliseums," approved May 19, 1927, as amended, that municipality has the
same powers and is subject to the same duties as a municipality whose
electors approve the establishment and maintenance of a municipal coliseum
under this Division 67. If a majority of the electors voting on the
proposition in any municipality have voted for the issuance of bonds or
obligations under that Act, that municipality has the same powers and is
subject to the same duties as a municipality whose electors approve the
issuance of bonds under this Division 67.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 68 heading) DIVISION 68.
STADIUMS AND ATHLETIC FIELDS
IN CITIES
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(65 ILCS 5/11-68-1) (from Ch. 24, par. 11-68-1)
Sec. 11-68-1.
For the purpose of promoting the health and welfare of its
citizens, any city with a population of more than 30,000 whose corporate
limits coincide with the limits of the township in which the city is
located, subject to a referendum vote, may acquire and improve not to
exceed 10 acres of land, within or without the city, to be set apart, held,
and maintained as a stadium and athletic field for the use of the public.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-68-2) (from Ch. 24, par. 11-68-2)
Sec. 11-68-2.
Whenever, in such a city, not less than 100 of its
electors petition the city clerk for submission to a referendum
vote the
proposition of acquiring and maintaining a stadium and athletic field,
the proposition shall be certified by the city clerk and submitted at
an election in accordance with the general election law.
The proposition shall be substantially in the following form:
Shall the city of .............. YES acquire and maintain a stadium and athletic field? NO
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-68-3) (from Ch. 24, par. 11-68-3)
Sec. 11-68-3.
If a majority of the votes cast on the specified proposition
are in favor of acquiring and maintaining a stadium and athletic field,
a board of 5 stadium and athletic field commissioners shall be elected at
the next regular election for such officers as provided in the general election
law. The election for said commissioners shall be governed by the general
election law. Two of the commissioners shall hold office for one year; 3
shall hold office for 2 years. Their respective terms shall be determined
by lot. Successors shall be elected for a term of 2 years. Vacancies occurring
in the board shall be filled for the unexpired term by appointments of the
mayor. The commissioners shall serve without compensation.
The board of commissioners shall organize by electing one of their number
chairman and one secretary. They shall keep a record of their proceedings,
which, at all reasonable times, shall be open to inspection.
(Source: P.A. 81-1490.)
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(65 ILCS 5/11-68-4) (from Ch. 24, par. 11-68-4)
Sec. 11-68-4.
The board of stadium and athletic field commissioners elected
pursuant to the provisions of this Division 68 shall:
(1) select a suitable site of not more than 10 acres in area, within or
without the city, for a stadium and athletic field for the city;
(2) acquire title to the site so selected by accepting a donation or
legacy or by purchase or condemnation under the eminent domain
laws of this
State;
(3) erect a stadium on the site so selected and lay it out as an
athletic field for the use of the public;
(4) maintain, manage, and control the stadium and athletic field and
make and enforce proper rules and regulations for its beneficial use.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-68-5) (from Ch. 24, par. 11-68-5)
Sec. 11-68-5.
Bonds of a city for raising funds to acquire or to improve
or to acquire and improve a stadium and athletic field may be issued in the
following manner:
Whenever 100 or more electors of any specified city, which has elected a
board of stadium and athletic field commissioners, file a written petition
in the office of the city clerk, asking that the proposition be submitted
to authorize the issuance of bonds for the purpose of providing for the
acquiring or improving or acquiring and improving of a stadium and athletic
field for the city, and the petition designates the amount of bonds
proposed to be issued, the city clerk shall certify the question of issuing
bonds for that purpose, to the amount named in the petition for submission
at an election in accordance with the general election law. The notice of
the referendum shall state the amount of bonds proposed to be issued.
The proposition shall be in substantially the following form:
Shall stadium and athleticfield bonds of the city of YES.... be issued to the amountof $.... for the purpose of acquiring (or improving, oracquiring and improving) a NOstadium and athletic field?
If a majority of the votes cast upon this proposition are in favor of
the issuance of the bonds, the stadium and athletic field commissioners
of the city shall issue bonds of the city, not exceeding the amount
voted upon at this election. The bonds shall mature not more than 20
years after the date of their issuance and shall be in denominations of
$100 or any multiple thereof, and shall bear interest, evidenced by
coupons, at a rate 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, as shall be determined by the board of stadium and
athletic field commissioners. These bonds shall be sold at not less than
par and the proceeds thereof used solely for the purpose of acquiring or
improving a stadium and athletic field for the city.
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 5/11-68-6) (from Ch. 24, par. 11-68-6)
Sec. 11-68-6.
For the purpose of providing a fund for the maintenance and
development of the stadium and athletic field and for the purpose of
retiring stadium and athletic field bonds, the board of stadium and
athletic field commissioners of any city have the power to levy an
annual tax of not more than .075% of the value, as equalized or assessed
by the Department of Revenue, of the taxable property
of the city, which shall be levied and collected at the time and in the
manner that other taxes are required to be levied and collected. This
tax, when levied and collected, shall be used to retire stadium and
athletic field bonds and shall be applied to the expenses of maintenance
and development of any stadium and athletic field theretofore acquired
by the city.
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 5/11-68-7) (from Ch. 24, par. 11-68-7)
Sec. 11-68-7.
Any stadium and athletic field which was acquired by such a
city and which, immediately prior to January 1, 1942, was being maintained
under "An Act to authorize the establishment and maintenance of stadium and
athletic fields in cities, having a population of more than thirty
thousand, the corporate limits of which coincide with the township limits
in which said cities are located," approved June 27, 1921, as amended,
shall be treated as if acquired under this Division 68 and may be continued
to be maintained under this Division 68.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 69 heading) DIVISION 69.
JOINT OWNERSHIP OF MUNICIPAL
BUILDINGS
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(65 ILCS 5/11-69-1) (from Ch. 24, par. 11-69-1)
Sec. 11-69-1.
Whenever the territories of any 2 or more municipalities in
the State of Illinois comprise the same or partly the same territory, the
municipalities concerned have the power jointly to purchase land and to
construct buildings and all necessary appurtenances within their common
corporate limits, and to own, operate, and maintain the land and buildings
jointly with one another, for their joint municipal purposes, on terms and
conditions to be agreed upon by the municipalities. Such municipalities
have the power to exercise the right of eminent domain by condemnation
proceedings in conformity with the provisions of the constitution and
statutes of the state for the acquirement of property, advantageous or
desirable for joint municipal purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-69-2) (from Ch. 24, par. 11-69-2)
Sec. 11-69-2.
The purpose of Section 11-69-1 is for the benefit of
municipalities with common territory and whose building needs can be most
efficiently and economically handled by joint buildings for the several
municipalities. Section 11-69-1 shall be liberally construed to give effect
to these purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 70 heading) DIVISION 70.
TAX FOR RESTORATION OF PUBLIC
BUILDINGS DAMAGED BY STORM OR FIRE
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(65 ILCS 5/11-70-1) (from Ch. 24, par. 11-70-1)
Sec. 11-70-1.
In any municipality, whether incorporated under general
law or special charter, in which the municipal hall, or any municipal
jail or police station, fire department house, or public library is
destroyed or seriously impaired by storm or fire, the corporate
authorities, in order to rebuild or restore any such building, thus
destroyed or seriously impaired, may levy an annual tax for not
exceeding 10 successive years of not exceeding .08333% of the value, as
equalized or assessed by the Department of Revenue, on
all of the taxable property in the municipality. This tax shall be
levied and collected in the same manner as the general taxes of that
municipality and shall be known as the public building restoration fund
tax. This tax shall not be included in the aggregate amount of taxes as
limited by Section 8-3-1, or by any provision of any special charter
under which such a municipality is now operating.
The foregoing limitation upon tax rates in municipalities of less
than 1,000,000 population 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 5/11-70-2) (from Ch. 24, par. 11-70-2)
Sec. 11-70-2.
Whenever the corporate authorities of any municipality
designated in Section 11-70-1 decides to rebuild or restore any of the
specified buildings, it shall make provision therefor by an ordinance. This
ordinance shall also state the number of years, not exceeding 10, that this
annual public building restoration fund tax shall be levied, and the per
cent, not exceeding .08333 on all of the taxable property in the
municipality. This tax shall be included in the annual appropriation and
tax levy ordinances of such a municipality for the years that it can be
levied under the provisions of this section and Section 11-70-1.
The foregoing limitation upon tax rates in municipalities of less than
1,000,000 population may be increased or decreased according to the
referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 76-1236.)
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(65 ILCS 5/11-70-3) (from Ch. 24, par. 11-70-3)
Sec. 11-70-3.
All money received from this public building restoration fund
tax shall be deposited in the municipal treasury to the credit of that
fund. All money so received shall be kept separate and apart from other
money of the municipality, and shall not be used or paid out for any other
purpose than that of paying the cost of rebuilding or restoring the
specified public buildings destroyed or seriously impaired by storm or
fire, until all of the costs have been discharged. If the money so received
can not be used annually to pay the cost but accumulates, the corporate
authorities may invest this money in good interest-paying securities, until
the money is needed for the payment of the costs of the rebuilding or
restoration.
(Source: Laws 1965, p. 2685.)
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(65 ILCS 5/Art 11 prec Div 71 heading)
PARKING FACILITIES
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(65 ILCS 5/Art. 11 Div. 71 heading) DIVISION 71.
OFF-STREET PARKING
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(65 ILCS 5/11-71-1) (from Ch. 24, par. 11-71-1)
Sec. 11-71-1. Any municipality is hereby authorized to:
(a) Acquire by purchase or otherwise, own, construct, | ||
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(b) Maintain, improve, extend and operate any such | ||
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(c) Enter into contracts dealing in any manner with | ||
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(d) Acquire sites, buildings and facilities by gift, | ||
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(e) Finance the acquisition, construction, | ||
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(f) Borrow money and issue and sell revenue bonds in | ||
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If any part of the financing of the acquisition and/or construction of
such parking facilities is done by means of special assessments or special
taxation, the provisions of Division 2 of Article 9 of this Code shall be
followed with respect to the special assessments or special taxation for
such purpose.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-71-2) (from Ch. 24, par. 11-71-2)
Sec. 11-71-2.
All bonds issued under authority of this Division 71 shall
bear interest at not more than 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% per annum and may be sold by the
corporate authorities in such manner as they deem best in the public
interest. However, such bonds shall be sold at such price that the interest
cost of the proceeds therefrom will 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% per annum, based on the
average maturity of such bonds, and computed according to standard tables
of bond values. Such bonds shall be payable solely and only from the
revenues to be derived from the operation of any or all of its parking
facilities and shall be secured by a pledge of the revenues of any or all
of its parking facilities, except as otherwise provided in paragraph (c) of
Section 11-71-1.
Such bonds when issued shall have all the qualities of negotiable
instruments under the Law Merchant and the Uniform Commercial Code. Such
bonds may bear such date or dates and may mature at such time or times, not
exceeding 30 years from their date or dates, and may be in such form, carry
such registration privilege, may be payable at such place or places, may be
subject to such terms of redemption, prior to maturity, with or without
premium, as so stated on the face of the bond, and contain such terms and
covenants, all as may be provided by ordinance authorizing the issuance of
such bonds. Such bonds shall be executed by such officers as the corporate
authorities shall designate in the ordinance. Any bonds bearing the
signatures of officers in office at the date of signing thereof shall be
valid and binding for all purposes, notwithstanding that before delivery
thereof any or all such persons whose signatures appear thereon shall cease
to be such officers.
Each such bond shall state upon its face that it is payable solely and
only from the proceeds derived from the operation of the parking facility
or facilities, except as otherwise provided in paragraph (c) of Section
11-71-1, and shall state upon its face that it does not constitute an
obligation of the municipality within the meaning of any constitutional or
statutory limitation or provision.
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 5/11-71-3) (from Ch. 24, par. 11-71-3)
Sec. 11-71-3.
The corporate authorities of any such municipality availing
of the provisions of this Division 71, other than that concerning
advertising on parking meters, shall adopt an ordinance describing in a
general way the contemplated project and refer to plans and specifications
therefor, which shall be placed on file in the office of the clerk of such
municipality, and which shall be open for the inspection of the public.
Such ordinance shall state the estimated cost of such project, and the
method or methods of financing such project and the amount or proportion of
cost of such project to be financed by each of such methods. If part or all
of such project is to be financed by means of revenue bonds, the ordinance
also shall fix the amount of the revenue bonds proposed to be issued, the
maturity or maturities, the interest rate, and all details in respect
thereof and shall contain such covenants and restrictions as may be deemed
necessary or advisable by the corporate authorities. Without limiting the
generality of the foregoing, such ordinance shall contain such provisions
as may be determined by the corporate authorities as to:
(a) The issuance of additional revenue bonds that may thereafter be
issued payable from the revenues derived from the operation of any such
parking facilities and for the payment of the principal and interest upon
such bonds;
(b) The regulation as to the use of any such parking facilities to
assure the maximum use or occupancy thereof;
(c) The kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
revenues to be derived from the project;
(d) Operation, maintenance, management, accounting and auditing, and the
keeping of records, reports and audits of any such parking facilities;
(e) The obligation of the municipality to maintain the project in good
condition and to operate the same in an economical and efficient manner;
(f) Such other provisions as may be deemed necessary or desirable to
assure a successful and profitable operation of the project and prompt
payment of principal of and interest upon any revenue bonds so authorized.
If any part of such project is to be financed by means of special
assessments or special taxation, any ordinances or other procedures
required under Division 2 of Article 9 of this Code shall be adopted and
followed.
After the ordinance has been adopted and approved, it shall be published
once in a newspaper published and having general circulation in such
municipality, or if there be no such newspaper published in such
municipality, then the ordinance should be posted in at least 5 of the most
public places in such municipality, and shall become effective 10 days
after publication or posting thereof.
(Source: Laws 1963, p. 2256.)
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(65 ILCS 5/11-71-4) (from Ch. 24, par. 11-71-4)
Sec. 11-71-4.
Whenever bonds are issued as provided by this Division 71, it
shall be the duty of the corporate authorities to establish charges and
fees for the use of any such parking facilities sufficient at all times to
pay maintenance and operation costs, and principal of and interest upon
such bonds, and all revenues derived from the operation thereof shall be
set aside as a separate fund and account and used only as hereinafter
provided, except as otherwise provided in paragraph (c) of Section 11-71-1.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-5) (from Ch. 24, par. 11-71-5)
Sec. 11-71-5.
Whenever revenue bonds are issued under this Division 71, the
revenues derived from the operation of the project, except as otherwise
provided in paragraph (c) of Section 11-71-1, shall be set aside as
collected and be deposited in a separate fund, separate and apart from all
other funds of such municipality, and be used in paying the cost of
maintenance and operation, paying the principal of and interest upon the
bonds of such municipality, issued under this Division 71, and for the
transfer of any surplus amounts annually to the general corporate fund of
any such municipality only when and in the manner permitted and authorized
in accordance with the covenants and provisions and terms of the ordinance
authorizing the issuance of any such bonds under the provisions of this
Division 71.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-6) (from Ch. 24, par. 11-71-6)
Sec. 11-71-6.
The provisions of this Division 71 and of any ordinance or
other proceeding authorizing the issuance of bonds under this Division 71
shall constitute a contract with the holders of such bonds, and any holder
of a bond or bonds, or any of the coupons of any bond or bonds of such
municipality, issued under this Division 71, may either by an ordinary civil
action, mandamus, injunction or other proceeding, enforce and compel
the performance of all duties required by this Division 71, including the
making and collecting of sufficient charges and fees for service and use
thereof, and the application of income and revenue thereof.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-71-7) (from Ch. 24, par. 11-71-7)
Sec. 11-71-7.
The corporate authorities of any municipality are hereby
granted authority to make all reasonable rules and regulations not in
conflict with the laws of this state or the ordinances of such municipality
regarding the management and control and use of any such parking facility
or facilities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-8) (from Ch. 24, par. 11-71-8)
Sec. 11-71-8.
The corporate authorities of any such municipality availing
of the provisions of this Division 71 are hereby given the authority to
lease all or any part of any such parking facilities, and to fix and
collect the rentals therefor, and to fix, charge and collect rentals, fees
and charges to be paid for the use of the whole or any part of any such
parking facilities, and to make contracts for the operation and management
of the same, and to provide for the use, management and operation of such
lots through lease or by its own employees, or otherwise. However, other
than for surface parking lots, no lease for the operation or management of
any such parking facilities shall be made for more than one year except to
the highest and best bidder after notice requesting bids shall have been
given by at least one publication in some newspaper of general circulation
published in such municipality, such publication to be made once each week
for at least 2 weeks before the date of receiving bids therefor. All income
and revenue derived from any such lease or contract shall be deposited in a
separate account and used solely and only for the purpose of maintaining
and operating the project, and paying the principal of and interest on any
revenue bonds issued pursuant to ordinance under the provisions of this
Division 71. Further any contract or obligation involving the borrowing of
money for such purposes, incurred by any such municipality in the
maintenance and operation of any such parking facilities shall be payable
solely and only from the revenues derived from the operation of the
project.
(Source: Laws 1963, p. 2256.)
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(65 ILCS 5/11-71-9) (from Ch. 24, par. 11-71-9)
Sec. 11-71-9.
Except as otherwise provided in paragraph (c) of Section
11-71-1, this Division 71 shall not be construed as authorizing any
municipality to engage in any proprietary activity at or with any such
parking facilities other than the parking of motor vehicles.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-10) (from Ch. 24, par. 11-71-10)
Sec. 11-71-10. In addition to the other powers granted in this Division,
the corporate authorities may lease the space over any municipally owned
parking lot to any person, firm or corporation if the corporate authorities
first determine by resolution that such lease is in the best public
interest and stating the reasons therefor. Such lease shall be granted by
an ordinance and shall not exceed 99 years in length.
The lease shall specify the purpose for which the leased space may be
used. If the purpose is to erect in the space a building or other structure
attached to the lot, the lease shall contain a reasonably accurate
description of the building to be erected and of the manner in which it
shall be imposed upon or around the lot. In such case, the lease shall
provide for use by the lessee of such areas of the surface of such lot as
may be essential for the support of the building or other structure to be
erected as well as for the connection of essential public or private
utilities to such building or structure.
Any building erected in the space leased shall be operated, as far as is
practicable, separately from the parking lot owned by the municipality.
Such lease shall be signed in the name of the municipality by the mayor
or president and shall be attested by the municipal clerk under the
corporate seal. The lease shall also be executed by the lessee in such
manner as may be necessary to bind him. After being so executed, the lease
shall be duly acknowledged and thereupon shall be recorded in the office of
the recorder of the county in which is located the land involved
in the lease.
If, in the judgment of the corporate authorities, the public interest
requires that any building erected in the leased space be removed so that a
street, alley, or public place may be restored to its original condition,
the lessor municipality may condemn the lessee's interest in the leased
space by proceeding in the manner provided
for the exercise of the right
of eminent domain under the Eminent Domain Act. After
payment of such damages as may be fixed in the
condemnation proceedings, the municipality may remove all buildings or
other structures from the leased space and restore the buildings adjoining
the leased space to their original condition.
Any building or other structure erected above a municipally owned
parking lot shall be subject to all property taxes levied on private
property within the same taxing authorities unless such building or
structure is wholly owned by the municipality and wholly used for
governmental purposes.
No provision of this section shall be construed to abrogate or vary the
terms of any mortgage in effect upon the effective date of this amendatory
act of 1961 relative to the use of any such parking lot.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-71-11) (from Ch. 24, par. 11-71-11)
Sec. 11-71-11.
This Division 71 shall not be construed as authorizing any
municipality having a population of 500,000 or more inhabitants to make any
expenditure under this Division 71 except from revenue bonds as above
provided or from revenues derived from the operation of parking facilities.
(Source: Laws 1965, p. 3387.)
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(65 ILCS 5/11-71-12) (from Ch. 24, par. 11-71-12)
Sec. 11-71-12.
In addition to the other powers granted under this
Division 71, the corporate authorities of any municipality may, by
ordinance, provide for the issuance of its general obligation bonds for
the purpose of acquiring, constructing, equipping, and improving motor
vehicle parking lots or garages constructed on, above or below ground
level or at all such levels, public off-street parking facilities for
motor vehicles and other parking facilities necessary or incidental to
the regulation, control and parking of motor vehicles. Such facilities
may be constructed or located in other public buildings or structures.
Such bonds may be used to finance in whole or in part such improvements.
Bonds issued pursuant to this Section must be payable within 20 years
and the interest on such bonds may not exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract. The interest may be made payable at such times (annually or
semi-annually) as the ordinance prescribes. Before or at the time of issuance
of bonds under this Section, the corporate authorities of the
municipality shall provide, by ordinance, for the levy and collection of
a direct annual tax upon all the taxable property within the
municipality in an amount sufficient to meet the principal and interest
of the bonds as they mature, which tax shall be in addition to that
otherwise authorized to be levied and collected for corporate purposes.
The corporate authorities of the municipality, in determining the costs
of such improvements, may include the estimated costs of issuance of
such bonds, engineering, inspection, fiscal and legal expenses, and
interest which it estimates will accrue during construction period and
for 6 months thereafter on money that is borrowed or money that is
estimated will be borrowed.
No bonds may be issued or tax levied under this Section until the
question whether such bonds should be issued and such tax levied has
been certified by the municipal clerk and submitted to the qualified
electors of the municipality at an election in accordance with the general
election law and unless a majority of those voting on the proposition
approve the issuance of bonds and levy of tax. When providing by ordinance
for the bond issue and tax levy, the corporate authorities of the
municipality shall also order the submission of the question to the electors.
If the proposition for issuance of bonds under this Section has been
approved, such bonds shall be issued in accordance with Division 4 of
Article 8 of this Act.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/Art 11 prec Div 72 heading)
TREES AND FORESTRY
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(65 ILCS 5/Art. 11 Div. 72 heading) DIVISION 72.
PLANTING OF TREES
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(65 ILCS 5/11-72-1) (from Ch. 24, par. 11-72-1)
Sec. 11-72-1.
The corporate authorities of each municipality may plant
trees upon the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 73 heading) DIVISION 73.
FORESTRY PROGRAM AND TAX
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(65 ILCS 5/11-73-1) (from Ch. 24, par. 11-73-1)
Sec. 11-73-1.
The corporate authorities of any municipality may levy, annually, a
tax of not to exceed .05% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property therein,
for the current year, to provide for the establishment and maintenance
of a long term forestry program for the propagation and preservation of
community trees and for the removal of dead or diseased trees in the
municipality. This tax shall be in addition to all taxes authorized by
law to be levied and collected in the municipality and shall be in
addition to the amount authorized to be levied for general purposes as
provided by Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-73-2) (from Ch. 24, par. 11-73-2)
Sec. 11-73-2.
This Division 73 shall not be in force in any municipality
until the question of its adoption is submitted to the electors of the
municipality and approved by a majority of those voting on the question. The
municipal clerk shall certify the question to the proper election authority
shall submit the question at an election in accordance with the
general election law.
The question shall be in substantially the following form:
Shall Division 73 of theIllinois Municipal Code permittingmunicipalities to levy an additional YESannual tax of not to exceed 0.05%for the establishment and maintenance of a long term forestry programfor the propagation and preservation NOof community trees and for the removalof dead or diseased trees be adopted?
If a majority of the votes cast on the question are in favor of adopting
this Division 73, the Division is adopted. It shall be in force in the
adopting municipality for the purpose of the fiscal years succeeding the
year in which the election is held.
(Source: P.A. 92-651, eff. 7-11-02.)
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(65 ILCS 5/Art. 11 Div. 73.1 heading) DIVISION 73.1.
MUNICIPAL AND JOINT MUNICIPAL TREE PLANTING PROGRAMS
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(65 ILCS 5/11-73.1-1) (from Ch. 24, par. 11-73.1-1)
Sec. 11-73.1-1.
The following terms whenever used or referred to in
this Division shall have the following meanings unless the context requires otherwise:
(1) "Governing body" means, with respect to a municipality, the council,
city council, board of trustees, or other corporate authority of the municipality
which exercises the general governmental powers of such municipality.
(2) "Municipality" means a city, village or incorporated town in the State
of Illinois which establishes a municipal tree planting program.
(3) "Long-term contract" means an agreement with a duration of 10 years or less.
(4) "Municipal tree planting program" means a plan established by
a municipality which provides for the planting of trees
on property located within the municipality.
(Source: P.A. 83-1466.)
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(65 ILCS 5/11-73.1-2) (from Ch. 24, par. 11-73.1-2)
Sec. 11-73.1-2.
Municipal tree planting programs.
Any municipality may
by ordinance establish a tree planting program. Any municipality or any
2 or more municipalities, contiguous or noncontiguous, may by ordinance adopted
by the governing body of each municipality enter into long term contracts
with a vendor of trees for the purchase and delivery of such trees as may
be necessary and appropriate for, and consistent with, an established tree
planting program.
(Source: P.A. 83-1466.)
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(65 ILCS 5/11-73.1-3) (from Ch. 24, par. 11-73.1-3)
Sec. 11-73.1-3.
Each municipality shall have full power and authority,
subject to the provisions of its charter and laws regarding local finance,
to appropriate money for the payment of expenses related to a tree planting program.
(Source: P.A. 83-1466.)
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(65 ILCS 5/11-73.1-4) (from Ch. 24, par. 11-73.1-4)
Sec. 11-73.1-4.
A municipality may perform any act authorized by this
Division through, or by means of, its officers, agents or employees or by
contract with others, including, without limitation, the employment of engineers,
landscapers, attorneys and other such consultants as may be required in the
judgment of the governing body of the municipality.
(Source: P.A. 84-946.)
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(65 ILCS 5/Art 11 prec Div 74 heading)
PROCUREMENT OF INDUSTRIAL BUILDINGS
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(65 ILCS 5/Art. 11 Div. 74 heading) DIVISION 74.
INDUSTRIAL PROJECT
REVENUE BOND ACT
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(65 ILCS 5/11-74-1) (from Ch. 24, par. 11-74-1)
Sec. 11-74-1.
This Division 74 may be cited as "The Industrial Project Revenue Bond
Act".
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
Sec. 11-74-2.
Whenever used in this Division 74, unless a different
meaning clearly appears from the context:
(1) "Industrial project" means any: (a) capital project, including one or
more buildings and other structures, improvements, machinery and equipment
whether or not on the same site or sites now existing or hereafter
acquired, suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise, including but not limited to use
as a factory, mill, processing plant, assembly plant, packaging plant,
fabricating plant, office building, industrial distribution center,
warehouse, repair, overhaul or service facility, freight terminal, research
facility, test facility, railroad facility, or commercial facility, and
including also the sites thereof and other rights in land therefor whether
improved or unimproved, site preparation and landscaping, and all
appurtenances and facilities incidental thereto such as utilities, access
roads, railroad sidings, truck docking and similar facilities, parking
facilities, dockage, wharfage, and other improvements necessary or
convenient thereto; (b) land, buildings, machinery or equipment
comprising an addition to or renovation, rehabilitation or improvement of
any existing capital project; (c) construction, remodeling or conversion
of a structure to be leased to the Illinois Department of Corrections for
the purposes of its serving as a correctional institution or facility
pursuant to paragraph (c) of Section 3-2-2 of the Unified Code of
Corrections; (d) construction, remodeling or conversion of a structure
to be leased to the Department of Central Management Services for the
purpose of serving as a State facility pursuant to Section 405-320
of the
Department of Central Management Services Law; or (e) use or disposal of surplus real estate owned by the municipality.
(2) "Municipality" includes any city, village or incorporated town in this
State.
(Source: P.A. 102-239, eff. 8-3-21.)
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(65 ILCS 5/11-74-3) (from Ch. 24, par. 11-74-3)
Sec. 11-74-3.
It is hereby determined and declared that the purpose of this
Division 74 is to relieve conditions of unemployment, to maintain existing
levels of employment, to aid in the
rehabilitation of returning veterans, and to encourage the increase of
industry and commerce within this State, thereby reducing the evils attendant upon
unemployment, to increase the tax base of the various municipalities of
this State and to permit municipalities in this State to take as much advantage
of the provisions of Section 103 of the United States Internal Revenue Code
as is possible, which are all declared and determined to be public purposes
and for the public safety, benefit and welfare of the residents of this State.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74-4) (from Ch. 24, par. 11-74-4)
Sec. 11-74-4.
In addition to powers which it may now have, any
municipality has the power under this Division 74:
(1) To construct, acquire by gift, lease or purchase, reconstruct,
improve, better or extend, or to finance the construction, acquisition,
reconstruction, improvement, betterment, or extension of any industrial
project within or without the municipality or partially within or partially
without the municipality, but in no event further than 10 miles from the
territorial boundaries of such municipality, and to acquire by gift, lease
or purchase lands or rights in land in connection therewith.
(2) To issue its bonds to finance in whole or in part the cost of
the acquisition, purchase, construction, reconstruction, improvement,
betterment or extension of any industrial project. The municipality need
not acquire or hold title to such industrial project. The governing body
of the municipality in determining such cost may include all cost and estimated
cost of the issuance of such bonds, all engineering, inspection, fiscal
and legal expenses, and interest which it is estimated will accrue during
the construction period and for 6 months thereafter on money borrowed or
which it is estimated will be borrowed pursuant to this Division 74.
(3) To rent, lease, sell or otherwise dispose of such industrial project
to any enterprise, concern or other entity referred to in subsection (1)
of Section 11-74-2 or to loan the proceeds of its bonds to any such
enterprise, concern or entity (which may include corporations, partnerships
or individuals engaged in business or commerce) in such manner that rents
or other payments to be derived with respect to the industrial project
shall be fixed and revised from time to time so as to produce income and
revenues sufficient to provide for the prompt payment of interest upon all
bonds issued under this Division 74, and to create a sinking fund to pay
the principal of such bonds when due, and to provide for the operation and
maintenance of such industrial project and for an adequate depreciation
account in connection therewith.
(4) To pledge to the punctual payment of bonds authorized under this
Division 74 and interest thereon the income and revenues to be received
with respect to such industrial project (including improvements, betterments or
extensions thereto thereafter constructed or acquired) sufficient to pay
such bonds and interest as they become due and to create and maintain
reasonable reserves therefor.
(5) To mortgage or grant a security interest in such industrial project
in favor of the holder or holders of bonds issued therefor.
(6) To sell and convey such industrial project, including without limitation
the sale and conveyance thereof subject to a mortgage or security interest as
provided in this Division 74, for such price and at such time as the
governing body of the municipality may determine. However, no sale or
conveyance of such industrial project shall ever be made in such manner
as to impair the rights or interests of the holder or holders of any
bonds issued for the construction, purchase, improvement or extension of
any such industrial project.
(7) To issue its bonds to refund in whole or in part, bonds
theretofore issued by such municipality under authority of this Division 74.
(8) To establish a municipal industrial development commission to exercise
those powers enumerated in subsections (1), (3) and (6) and expressly including
the power of said industrial development commission to acquire, hold title
to, develop and sell real estate to promote and enhance the purpose of
this Division 74 as set forth in Section 11-74-3.
All municipalities shall be exempt from the payment of taxes with respect
to property acquired by any municipality pursuant to the provisions of
this Division 74 while such property is owned by the municipality, but the
occupant of such property shall be subject to taxation as if he were the
owner of such property.
(Source: P.A. 84-946.)
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(65 ILCS 5/11-74-5) (from Ch. 24, par. 11-74-5)
Sec. 11-74-5.
The financing of the construction, acquisition, reconstruction,
improvement, betterment or extension of any industrial project may be
authorized under this Division 74 and bonds may be authorized to be
issued under this Division 74 to provide funds for such purpose or
purposes or for the refunding of bonds theretofore issued under this
Division 74, by resolution of the corporate authorities which may be
adopted at the same meeting at which it is introduced by a majority
of all the members thereof then in office and shall take effect
immediately upon adoption. The bonds shall bear interest at such rate
or rates without regard to any limitation in any other law, payable at
such times, may be in
one or more series, may bear such date or dates, may mature at such time
or times not exceeding 40 years from their respective dates, may be
payable in such medium of payment at such place or places, may carry
such registration privileges, may be subject to such terms of
redemption, may be executed in such manner, may contain such terms,
covenants, and conditions, and may be in such form, either coupon or
registered, as such resolution or subsequent resolutions may provide.
The bonds may be sold in such manner and upon such terms as may be
deemed advisable by the corporate authorities. Pending the preparation of the
definitive bonds, interim receipts or certificates in such form and with
such provisions as the corporate authorities may determine, may be
issued to the purchaser or purchasers of bonds sold pursuant to this
Division 74. The bonds and interim receipts or certificates are fully
negotiable within the meaning and for all purposes of the "Uniform Commercial Code".
(Source: P.A. 82-746.)
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(65 ILCS 5/11-74-6) (from Ch. 24, par. 11-74-6)
Sec. 11-74-6.
No bonds may be issued under this Division 74 unless the bond
issue is approved by the affirmative vote of 3/5 of the corporate authorities.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-7) (from Ch. 24, par. 11-74-7)
Sec. 11-74-7.
Any resolution authorizing the issuance of bonds under this Division
74 may contain covenants as to (a) the use and disposition of the
income and revenues from or with respect to the industrial
project for which the bonds are to be
issued, including the creation and maintenance of reserves; (b) the
issuance of other or additional bonds payable from the income and
revenues from or with respect to such industrial project; (c) the maintenance
and repair of
such industrial project; (d) the insurance to be carried thereon and the
use and disposition of insurance moneys; and (e) the terms and
conditions upon which the holders of the bonds or any portion thereof or
any trustees therefor, are entitled to the appointment of a receiver by
a court of competent jurisdiction
in such proceedings,
and which receiver may enter and take possession of the industrial
project if it is then owned by the municipality and lease, sell or otherwise
dispose of it and maintain it, prescribe rentals or other payments and collect,
receive, and apply all income and revenues thereafter arising therefrom
in the same manner and to the same extent as the municipality itself
might do. Any resolution authorizing the issuance of bonds under this
Division 74 may provide that the principal of and interest on any bonds
issued under this Division 74 shall be secured by a mortgage or deed of
trust covering such industrial project for which the bonds are issued
and may include any improvements or extensions thereafter made. Such
mortgage or deed of trust may contain such covenants and agreements to
properly safeguard the bonds as may be provided for in the resolution
authorizing such bonds but not inconsistent with this Division 74 and
shall be executed in the manner as may be provided for in the
resolution. A mortgage or deed of trust by which a security interest is
created or a financing statement relating thereto need not be filed or recorded
under the Uniform Commercial Code, or otherwise, except in the records of
the municipality. The provisions of this Division 74 and any such resolution
or resolutions and any such mortgage or deed of trust is a contract with
the holder or holders of the bonds and continues in effect until the
principal of and the interest on the bonds so issued has been fully
paid, and the duties of the municipality and its corporate authorities
and officers under this Division 74 and any such resolution or
resolutions and any such mortgage or deed of trust are enforceable by
any bondholder by mandamus, injunction, foreclosure of any such mortgage or deed of
trust or other appropriate suit, action or proceedings in any court of
competent jurisdiction.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-74-8) (from Ch. 24, par. 11-74-8)
Sec. 11-74-8.
The bonds bearing the signatures of officers in office on the date of
the signing thereof are valid and binding obligations, notwithstanding that
before the delivery thereof and payment therefor any or all the persons
whose signatures appear thereon have ceased to be officers of the
municipality issuing such bonds. The validity of the bonds is not dependent
on nor affected by the validity or regularity of any proceedings relating
to the acquisition, purchase, construction, reconstruction, improvement,
betterment or extension of the industrial project for which the bonds are
issued. The resolution authorizing the bonds may provide that the bonds
shall contain a recital that they are issued pursuant to this Division 74,
which recital is conclusive evidence of their validity and of the
regularity of their issuance.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-9) (from Ch. 24, par. 11-74-9)
Sec. 11-74-9.
All bonds issued under this Division 74 have a lien upon the income and
revenues delivered by the municipality with respect to the industrial project
for which the bonds have been issued, and
the governing body may provide in the resolution or resolutions
authorizing such bonds for the issuance of additional bonds to be
equally and ratably secured by a lien upon such income and revenues or may provide
that the lien upon such income and revenues for future bonds is subordinate.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74-10) (from Ch. 24, par. 11-74-10)
Sec. 11-74-10.
No holder of any bonds issued under this Division 74 has the right to
compel any exercise of taxing power of the municipality to pay the bonds or
the interest thereon, and the bonds do not constitute an indebtedness of
the municipality or a loan of credit thereof within the meaning of any
constitutional or statutory provision. It shall be plainly stated on the
face of each bond that it has been issued under the provisions of this
Division 74 and that it does not constitute an indebtedness of the
municipality or a loan of credit thereof within the meaning of any
constitutional or statutory provision.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-11) (from Ch. 24, par. 11-74-11)
Sec. 11-74-11.
The corporate authorities of a municipality issuing bonds pursuant to
this Division 74 shall prescribe and collect revenues with respect to an industrial
project and shall revise such from time to time whenever necessary so
that such revenues are always
sufficient to pay when due all bonds and interest thereon for the
payment of which such revenues are pledged, including reserves therefor.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74-12) (from Ch. 24, par. 11-74-12)
Sec. 11-74-12.
It is not necessary for any municipality proceeding under this Division
74 to obtain any certificate of convenience or necessity, franchise,
license, permit, or other authorization from any bureau, board, commission,
or other lay instrumentality of this State in order to acquire, construct,
purchase, reconstruct, improve, better or extend any industrial project or
for the issuance of bonds in connection therewith.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-13) (from Ch. 24, par. 11-74-13)
Sec. 11-74-13.
The powers conferred by this Division 74 are in addition and
supplemental to, and the limitations imposed by this Division 74 shall not
affect, the powers conferred by any other law. Industrial project may be
acquired, purchased, constructed, reconstructed, improved, bettered and
extended, and bonds may be issued under this Division 74 for such purposes,
notwithstanding that any other law may provide for the acquisition,
purchase, construction, reconstruction, improvement, betterment and
extension of a like industrial project, or the issuance of bonds for like
purposes, and without regard to the requirements, restrictions, limitation
or other provisions contained in any other law.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-14) (from Ch. 24, par. 11-74-14)
Sec. 11-74-14.
Disclosure of interest.
Any member of the corporate authority
of a municipality shall disclose any pecuniary interest in any employment,
financing, agreement or other contract made under the provisions of this
Division 74 before any action by the corporate authority on it, and shall
not vote on any such matter. Notwithstanding the provisions of any other
law, any financing agreement or other contract made or procured in conformity
with the provisions of this Section shall not be void by reason of the pecuniary
interest of any member of the corporate authority of the municipality therein;
nor shall such person be subject to any penalty by reason of the making
or procuring thereof.
(Source: P.A. 81-1376.)
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(65 ILCS 5/Art. 11 Div. 74.1 heading) DIVISION 74.1.
ACQUIRING LAND FOR INDUSTRIAL PURPOSES
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(65 ILCS 5/11-74.1-1) (from Ch. 24, par. 11-74.1-1)
Sec. 11-74.1-1.
For the public purposes set forth in the Illinois
Finance Authority Act, the corporate authorities
of each municipality may (1) acquire, singly or jointly with other
municipalities
or counties, by gift, purchase or otherwise, but not by condemnation, except
in furtherance of the Illinois
Finance Authority Act, land,
or any interest in land, whether located within or without its corporate
limits, and, singly or jointly, may improve or arrange for the improvement
of such land for industrial or commercial purposes and may donate and
convey such land,
or interest in land, so acquired and so improved, to the Illinois
Finance Authority; and (2) donate corporate
funds to such Authority.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/Art 11 prec Div 74.2 heading)
COMMERCIAL BLIGHT AREAS
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(65 ILCS 5/Art. 11 Div. 74.2 heading) DIVISION 74.2.
COMMERCIAL RENEWAL AND
REDEVELOPMENT AREAS
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(65 ILCS 5/11-74.2-1) (from Ch. 24, par. 11-74.2-1)
Sec. 11-74.2-1.
It is hereby found and declared:
(a) In certain municipalities of the State there exist commercial
blight or conservation areas where a major portion of the commercial buildings and
structures are detrimental to the health, safety and welfare of the
occupants and the welfare of the urban community because of age,
dilapidation, overcrowding or faulty arrangement, or lack of
ventilation, light, sanitation facilities, adequate utilities or access
to transportation, commercial marketing centers or to adequate labor
supplies.
(b) Such commercial blight or conservation areas are usually situated in the older
and centrally located areas of the municipalities involved, and once
existing, spread unless eradicated.
(c) As a result of these degenerative conditions the commercial
properties embraced in a commercial blight or conservation area fall into a state of
non-productiveness or limited productiveness, and fail to produce their
due and proper share of taxes.
(d) The conditions in a commercial blight or conservation area necessitate excessive
and disproportionate expenditures of public funds for crime prevention,
public health and safety, fire and accident protection, and other public
services and facilities and constitute a drain upon the public revenue.
These conditions impair the efficient, economical and indispensable
governmental functions of the municipalities embracing such areas, as
well as the governmental functions of the State.
(e) In order to promote and protect the health, safety, morals and
welfare of the public it is necessary to provide for the eradication and
elimination of commercial blight or conservation areas and the construction of
redevelopment projects and commercial projects in these areas.
(f) The eradication and elimination of commercial blight or conservation areas and
the construction of redevelopment projects financed by private capital,
with financial assistance from governmental bodies, in the manner
provided in this Division are hereby declared to be a public use
essential to the public interest.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-2) (from Ch. 24, par. 11-74.2-2)
Sec. 11-74.2-2.
As used in this Act unless the context requires
otherwise:
(a) "Real property" means lands, lands under water, structures, and
any and all easements, franchises and incorporeal hereditaments, estates
and rights, legal and equitable, including terms for years and liens by
way of judgment, mortgage or otherwise.
(b) "Commercial blight area" or "blight area" means any improved or vacant area of not
less in the aggregate than 2 acres located within the territorial limits
of a municipality where, if improved, industrial, commercial and
residential buildings or improvements, because of a combination of 5 or
more of the following factors:
age; dilapidation; obsolescence; deterioration; illegal use of individual
structures; presence of structures below minimum code
standards; excessive vacancies; overcrowding of structures and community
facilities; lack of ventilation,
light or sanitary facilities; inadequate utilities; or excessive land
coverage; deleterious land use or layout; depreciation or lack of physical
maintenance; lack of community planning,
are detrimental to the public safety, health, morals or
welfare, or if vacant, the sound growth of the area is impaired by, (1)
a combination of 2 or more of the following factors: obsolete platting of
the vacant land; diversity of ownership of such land; tax and special assessment
delinquencies on such land; deterioration of structures or site improvements
in neighboring areas to the vacant land, or (2) the area immediately
prior to becoming vacant qualified as a blighted improved area.
(c) "Commercial project" means any building or buildings or building
addition or other structures to be newly constructed, renovated or
improved and suitable for use by a commercial enterprise or an entity
engaged in providing housing and ancillary services, and includes the
sites and other rights in the land on which such buildings or structures
are located.
(d) "Commercial conservation area" or "conservation area" means any
area located within the territorial limits of the municipality, of not
less, in the aggregate, than 2 acres in which 50% or more of the
structures have an age of 35 years or more. Such an area is not yet a
blight area but because of a combination of 3 or more of the following
factors: dilapidation; obsolescence; deterioration; illegal use of
individual structures; presence of structures below minimum code
standards; abandonment; excessive vacancies; overcrowding of structures
and community facilities; lack of ventilation, light or sanitary
facilities; inadequate utilities; excessive land coverage; deleterious
land use or layout; depreciation of physical maintenance; or lack of
community planning, is detrimental to the public safety, health, morals
or welfare and such an area may become a blight area.
(e) "Commercial redevelopment plan" or "redevelopment plan" means
the comprehensive program for the clearing or rehabilitation and
physical development of a commercial blight or conservation area, and
includes an analysis and projection of the steps necessary for the
elimination or rehabilitation of a commercial blight or conservation
area and the protection of adjacent areas, and all administrative,
funding and financial details and proposals necessary to effectuate the
plan.
(f) "Redevelopment area" means the blighted or conservation area of
not less in the aggregate than 2 acres, to be developed in accordance
with the redevelopment plan.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-74.2-3) (from Ch. 24, par. 11-74.2-3)
Sec. 11-74.2-3.
The corporate authorities of any municipality may by
resolution provide for an initial study and survey to determine if the
municipality contains any commercial blight or conservation areas.
In making the study and survey the corporate authorities shall:
(a) Cooperate with and use any evidence gathered by any public or
private organization relative to the existence, extent or likelihood
of commercial
blight in the municipality;
(b) Hold public or private hearings, conduct investigations, hear
testimony and gather evidence relating to commercial blight or likelihood
of commercial blight and its
elimination;
(c) Create a representative Citizens Committee of not less than 9
persons, to be appointed by the chief executive officer of the
municipality with the approval of a majority of the municipal council,
which committee shall consist of representatives from among local
merchants, owners of commercial real estate, the advertising media,
residential property owners associations, human relations commissions,
labor organizations and civic groups;
(d) Formulate a proposed commercial redevelopment plan for any
blight or conservation area, provided that such plan has received the approval and
recommendation of a 2/3 majority vote of the members of the Citizens
Committee created under paragraph (c) of this Section.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-4) (from Ch. 24, par. 11-74.2-4)
Sec. 11-74.2-4.
If as a result of their initial study and survey the
corporate authorities determine that one or more commercial blight or conservation areas
exist in the municipality, they may by resolution set forth the
boundaries of each commercial blight or conservation area and the factors that exist in
the blight or conservation areas that are detrimental to public health, safety, morals
and welfare.
In the same resolution the corporate authorities may provide for a
public hearing on commercial blight or conservation and may submit proposed
redevelopment plans for the blight or conservation areas. At least 20 days before the
hearing the municipal clerk shall give notice of the hearing by
publication at least once in a newspaper of general circulation within
the municipality.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-5) (from Ch. 24, par. 11-74.2-5)
Sec. 11-74.2-5.
At the hearing on commercial blight or conservation areas
the corporate
authorities shall introduce the testimony and evidence that entered into
their decision to declare an area a commercial blight or conservation
area, and shall
enter into the record of the proceedings all proposed commercial
redevelopment plans received at or prior to the hearing. All interested
persons may appear and testify for or against any proposed commercial
redevelopment plan. The hearing may be continued from time to time at
the discretion of the corporate authorities to allow necessary changes
in any proposed plan or to hear or receive additional testimony from
interested persons.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-6) (from Ch. 24, par. 11-74.2-6)
Sec. 11-74.2-6.
At the conclusion of the hearing on commercial blight and conservation areas
the corporate
authorities shall formulate and publish a final commercial redevelopment
plan for the municipality after approval by a 2/3 majority vote of the
members of the Citizens Committee, which plan may incorporate any
exhibit, plan, proposal, feature, model or testimony resulting from the
hearing. The final redevelopment plan shall be made available for
inspection by all interested parties.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-7) (from Ch. 24, par. 11-74.2-7)
Sec. 11-74.2-7.
Within 30 days after the publication of a final commercial
redevelopment plan, any person aggrieved by the action of the corporate
authorities may seek a review of their decision and the redevelopment plan
under the Administrative Review Law. The provisions of that Act and all
amendments and modifications thereof and the rules adopted pursuant thereto
shall apply to and govern all proceedings for the judicial review of the
actions of the corporate authorities and the final commercial redevelopment
plan.
If no action is initiated under the Administrative Review Law, or if the
court sustains the corporate authorities and the final redevelopment plan
as is, or as amended by the court, the corporate authorities may proceed to
carry out the final commercial redevelopment plan.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-74.2-8) (from Ch. 24, par. 11-74.2-8)
Sec. 11-74.2-8.
In carrying out a final commercial redevelopment plan
the corporate authorities have the power to:
(a) Acquire by purchase, gift, condemnation or otherwise as provided
in this Division the fee simple title to all or any part of the real
property in any redevelopment area; if the property is to be obtained by
condemnation, such power of condemnation may be exercised only when at
least 85% of the land located within the boundaries of each plan has
been acquired previously by the corporate authorities or private
organizations pursuant to the implementation of the plan through good
faith negotiations and such negotiations are unsuccessful in acquiring
the remaining land;
(b) Clear any area acquired, by demolition or removal of existing
buildings and structures;
(c) Renovate or rehabilitate any structure or building acquired, or
if any structure or building or the land supporting it has not been
acquired, to permit the owner to renovate or rebuild the structure or
building in accordance with the redevelopment plan;
(d) Construct or acquire by gift or purchase any commercial project
and rent or lease such commercial projects to commercial or housing
concerns or entities engaged in providing housing and ancillary
services at rentals at least sufficient to provide for prompt payment of
interest and principal of all revenue bonds issued for such commercial
projects under Section 11-74.2-16 or as an alternative lend the proceeds
of any such revenue bonds to any such concerns or entities to finance the
cost of such commercial projects on terms that will provide for the prompt
payment at maturity of principal, interest and redemption premium, if any,
upon all bonds issued to finance the cost of such commercial projects;
(e) To sell and convey commercial projects, including without
limitation the sale and conveyance subject to a mortgage, for such price
and at such time as the governing body of the municipality may
determine. However, no sale or conveyance of a commercial project shall
ever be made in such manner as to impair the rights or interests of the
holders of any bonds issued for the construction, purchase, improvement
or extension of any such commercial project;
(f) Install, repair, construct, reconstruct or relocate streets,
utilities and site improvements essential to the preparation of the
redevelopment area for use in accordance with a redevelopment plan;
(g) Mortgage or convey real or personal property acquired for use in
accordance with the redevelopment plan;
(h) Borrow money, apply for and accept advances, loans, grants,
contributions, gifts, services, or other financial assistance, from the
United States of America or any agency or instrumentality thereof, the
State, county, municipality or other public body or from any source,
public or private, for or in aid of any of the purposes of the final
redevelopment plan, and to secure the payment of any loans or advances
by the issuance of revenue bonds and by the pledge of any loan, grant or
contribution, or parts thereof, or the contracts therefor, to be
received from the United States of America or any agency or
instrumentality thereof, and to enter into and carry out contracts in
connection therewith;
(i) Exercise any one or more of the foregoing powers in any
combination to carry out the final redevelopment plan.
Nothing in this Section shall be construed to exclude property in a
final redevelopment plan from taxation.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74.2-9) (from Ch. 24, par. 11-74.2-9)
Sec. 11-74.2-9. In exercising the power to acquire real estate as provided
in this Division, the corporate authorities may proceed by gift, purchase
or condemnation to acquire the fee simple title to all real property lying
within a redevelopment area, including easements and reversionary interests
in the streets, alleys and other public places lying within such area; if
the property is to be obtained by condemnation, such power of condemnation
may be exercised only when at least 85% of the land located within the
boundaries of each plan has been acquired previously by the corporate
authorities or private organization pursuant to the implementation of the
plan through good faith negotiations and such negotiations are unsuccessful
in acquiring the remaining land. If any such real property is subject to an
easement the corporate authorities in their discretion, may acquire the fee
simple title to such real property subject to such easement if they
determine that such easement will not interfere with carrying out the
redevelopment plan. If any such real property is already devoted to a
public use it may nevertheless be acquired, provided that no property
belonging to the United States of America, the State of Illinois or any
municipality may be acquired without the consent of such governmental unit
and that no property devoted to a public use belonging to a corporation
subject to the jurisdiction of the Illinois Commerce Commission may be
acquired without the approval of the Illinois Commerce Commission. In
carrying out the provisions of this Division, the corporate authorities are
vested with the power to exercise the right of eminent domain. Condemnation
proceedings instituted by the corporate authorities shall be in the manner
provided for the exercise of the right of eminent domain
under the Eminent Domain Act. No power of
condemnation shall be used to acquire a site for a commercial project as
defined in paragraph (c) of Section 11-74.2-2.
Nothing in this Section shall be construed to exclude property in a
final redevelopment plan from taxation.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-74.2-10) (from Ch. 24, par. 11-74.2-10)
Sec. 11-74.2-10.
When the corporate authorities have acquired title
to, and possession of all or any part of the real property located
within a redevelopment area, they may let contracts for the demolition
or removal of buildings and for the removal of any debris. The corporate
authorities shall advertise for sealed bids for doing such work. The
advertisement shall describe by street number or other means of
identification the location of the buildings to be demolished or removed
and the time and place where sealed bids for the work may be delivered
to the corporate authorities. The advertisement shall be published once
in a newspaper having a general circulation in the municipality 20 days
prior to the date for receiving bids.
The contract for doing the work shall be let to the lowest
responsible bidder, but the corporate authorities may reject any and all
bids received and readvertise for bids. Any contract entered into by the
corporate authorities under this Section shall contain provisions
requiring the contractor to give bond in an amount equal to 1/3 of his
bid price, but in no event in excess of $25,000, conditioned for the
faithful performance of the contract and requiring the contractor to
furnish insurance of a character and amount to be determined by the
corporate authorities protecting the corporate authorities and the
municipality, its officers, agents and employees against any claims for
personal injuries, including death and property damage which may be
asserted because of the contract. The corporate authorities may include
in any advertisement and in the contract one or more buildings, or
groups of buildings, as they in their sole discretion may determine.
Notwithstanding the foregoing, if prior authorization is granted by
ordinance of the corporate authority, contracts for work on commercial
projects to be financed with revenue bonds payable solely from rentals, loan repayments
and other receipts to be derived from such commercial projects, whether
or not secured by a mortgage, may be let by the prospective lessee
without advertisement or bidding.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74.2-11) (from Ch. 24, par. 11-74.2-11)
Sec. 11-74.2-11.
In carrying out the provisions of a final redevelopment
plan the corporate authorities may pave and improve streets in the
redevelopment area, construct sidewalks and install or relocate sewers,
water pipes and other similar facilities. The corporate authorities shall
advertise for sealed bids for doing such work. The advertisement shall
describe the nature of the work to be performed and the time when and place
where sealed bids for the work may be delivered to the corporate
authorities. The advertisement shall be published once in a newspaper
having a general circulation in the municipality at least 20 days prior to
the date for receiving bids. A contract for doing the work shall be let to
the lowest responsible bidder, but the corporate authorities may reject any
and all bids received and readvertise for bids. The contractor shall enter
into bond in an amount equal to 1/3 of the amount of his bid conditioned
for the faithful performance of the contract. The sureties on such bond and
on the bond given pursuant to Section 11-74.2-10 shall be approved by the
corporate authorities.
(Source: Laws 1967, p. 3213.)
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(65 ILCS 5/11-74.2-12) (from Ch. 24, par. 11-74.2-12)
Sec. 11-74.2-12.
When the corporate authorities have acquired title to, and
possession of any or all real property in the redevelopment area, they may
convey any part of the redevelopment area to any public body having
jurisdiction over schools, parks or playgrounds in the area. The property
so conveyed shall be used for parks, playgrounds, schools and other public
purposes as the corporate authorities may determine. The corporate
authorities may charge for such conveyances whatever price they and the
officials of the public bodies receiving the land may agree upon. The
corporate authorities may also grant with or without charge, easements for
public utilities, sewerage and other similar facilities.
(Source: Laws 1967, p. 3213.)
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(65 ILCS 5/11-74.2-13) (from Ch. 24, par. 11-74.2-13)
Sec. 11-74.2-13.
No member of the corporate authority or employee of a
municipality subject to this Division shall acquire any interest direct or
indirect in any redevelopment area or in any property included or planned
to be included in any redevelopment area. Nor shall they have any interest
direct or indirect in any contract or proposed contract in connection with
any such redevelopment area. If any such member or employee owns or
controls an interest direct or indirect in any property included in any
redevelopment area he shall disclose the same in writing to the
municipality and such disclosure shall be entered upon the minute books of
the municipality.
(Source: Laws 1967, p. 3213.)
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(65 ILCS 5/11-74.2-14) (from Ch. 24, par. 11-74.2-14)
Sec. 11-74.2-14.
The corporate authorities may at any time transfer
and sell the fee simple title, or any lesser estate that they acquired
to all or any part of the real property within the redevelopment area.
No such sale shall be inconsistent with the provisions of paragraph (e)
of Section 11-74.2-8.
Such sales and transfers may be made to:
(1) Any individual, association or corporation, organized under the
laws of this State or of any other State or country, which may legally
make such investments in this State, including foreign and alien
insurance companies, as defined in Section 2 of the "Illinois Insurance
Code"; or
(2) Any body politic and corporate, public corporation or private
individual, corporation, association or interest empowered by law to
acquire, develop and use such real property for such uses, public or
private, as are in accordance with the final redevelopment plan.
To provide that the real property sold by the corporate authorities
is used in accordance with the final redevelopment plan, the corporate
authorities shall inquire into and satisfy themselves concerning the
financial ability of the purchaser to complete the redevelopment in
accordance with the redevelopment plan and shall require the purchaser
to execute in writing such undertakings as the corporate authorities may
deem necessary to obligate the purchaser to:
(1) Use the land for the purposes designated in the approved plan;
(2) Commence and complete the building of the improvements or the renovation
of the property within the periods of time which the corporate authorities fix
as reasonable; and
(3) Comply with such other conditions as are necessary to carry out
the purposes of the final redevelopment plan.
Any redevelopment area may be sold either as an entirety or in such
parcels as the corporate authorities may select. It is not necessary
that title be acquired to all real property within the redevelopment
area before the sale of a part thereof may be made as provided in this
Section. All real property sold shall be sold at its use value which may
be less than its acquisition cost. For purposes of this Division, use
value represents the value at which the corporate authorities determine
that such land should be made available in order that it may be
developed or redeveloped for the purposes specified in the final
redevelopment plan.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-15) (from Ch. 24, par. 11-74.2-15)
Sec. 11-74.2-15.
Any real property in the redevelopment area that has not
been sold, or in the case of commercial projects sold or leased, by the
corporate authorities within 5 years after they have acquired title to all
the real property in the area shall be sold by the corporate authorities at
public sale for cash to the highest bidder who obligates himself to
redevelop the property in accordance with the final redevelopment plan.
Notice of the sale and of the place where the final redevelopment plan may
be inspected shall be published once in a newspaper having a general
circulation in the municipality in which the real property is situated at
least 20 days prior to the date of the public sale. The notice shall
contain a description of the real property to be sold and a general
statement of the use for which such property may be developed under the
redevelopment plan.
The corporate authorities may reject the bids received if in their
opinion the highest bid does not equal or exceed the use value of the land
to be sold. Within 6 months after the bids have been rejected, the
corporate authorities shall again advertise for sale any real property then
remaining unsold. Each additional publication and offer for bids shall be
subject to the same requirements and conditions as the original
publication.
Any deed executed by the corporate authorities under this Division may
contain such restrictions as are required by the final redevelopment plan
and necessary building and zoning ordinances. All such deeds of conveyance
shall be executed in the name of the municipality by its chief executive
officer, and the seal of the municipality shall be attached to the deeds.
(Source: P.A. 78-1155.)
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(65 ILCS 5/11-74.2-16) (from Ch. 24, par. 11-74.2-16)
Sec. 11-74.2-16.
The corporate authorities are authorized and
empowered to incur indebtedness and issue revenue bonds in such amounts
as they deem necessary for the purpose of raising funds for carrying out
the provisions of a final redevelopment plan providing for the
eradication and elimination of commercial blight and conditions likely
to create blight and the acquisition, development or redevelopment of
commercial blight or conservation areas and any other area which may
constitute a redevelopment area within the municipality or for the
purpose of financing in whole or in part the cost of acquisition,
construction and financing of any commercial projects. The ordinance
authorizing the issuance of such revenue bonds shall specify the total
amount of bonds to be issued, the form and denomination, the date they
are to bear, the place at which they are payable, the date or dates of
maturity which shall not be later than 40 years after date, the rate of
interest
which shall not exceed that permitted in "An Act to authorize public corporations
to issue bonds, other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein", approved May 26,
1970, as now or hereafter amended. The ordinance
shall also specify the dates
on which
interest is payable. Such bonds shall be sold at private or public sale
at a price of not less than 97% of par. The bonds shall be executed by such officials as
may be provided in the bond ordinance. The bonds may be made
registerable to principal and may be made callable on any interest
payment date, with or without premium, plus accrued interest
after notice has been given in
the manner provided in the bond ordinance. The bonds shall remain valid
even though one or more of the officers executing the bonds cease to
hold office before the bonds are delivered.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 82-902.)
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(65 ILCS 5/11-74.2-17) (from Ch. 24, par. 11-74.2-17)
Sec. 11-74.2-17.
The bonds shall contain a provision that the principal and
interest thereon shall be payable exclusively from the proceeds and
revenues of any commercial redevelopment plan or commercial project which
is financed in whole or in part with the proceeds of such bonds, together
with whatever funds of the municipality from whatever source derived as are
necessary to constitute a local matching cash grant-in-aid or contribution
for the redevelopment plan within the meaning of any applicable federal or
State law. Such bonds may be additionally secured by a pledge of any loan,
grant or contribution, or parts thereof, received from the United States of
America or any agency or instrumentality thereof, or any loan, grant or
contribution from any other public or private body, instrumentality,
corporation or individual, or any duly executed contract for such pledge,
loan, grant or contribution or by the assignment of any lease obligation of
any commercial concern.
The corporate authorities executing the revenue bonds shall not be
personally liable on the bonds because of their issuance. The bonds shall
not be the debt of any municipality or the State, or any subdivision
thereof. The bonds shall not be payable out of any funds of the
municipality except those indicated in this Section.
The bonds shall not constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restriction.
(Source: P.A. 78-1155.)
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(65 ILCS 5/11-74.2-18) (from Ch. 24, par. 11-74.2-18)
Sec. 11-74.2-18.
The revenue bonds issued pursuant to this Division shall
be sold to the highest and best bidder at not less than their par value and
accrued interest. The municipality shall, from time to time as bonds are to
be sold, advertise for proposals to purchase the bonds. Each such
advertisement may be published in such newspapers and journals as the
corporate authorities may determine but must be published at least once in
a newspaper having a general circulation in the municipality at least 10
days prior to the date of the opening of the bids. The municipality may
reserve the right to reject any and all bids and readvertise for bids.
Revenue bonds issued solely for the purpose of financing a commercial
project may, notwithstanding the foregoing provisions of this Section, be
sold at private sale without advertisement at not less than par and accrued
interest.
The bonds may be issued without submitting any proposition to the
electorate by referendum or otherwise.
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 5/11-74.2-19) (from Ch. 24, par. 11-74.2-19)
Sec. 11-74.2-19.
In connection with the issuance of the revenue bonds
authorized by this Division, and in order to secure the payment of such
bonds, the corporate authorities may, subject to the powers and limitations
contained in this Division, covenant and agree in the bonds, bond ordinance
or resolution, or any trust agreement executed pursuant thereto, to any
necessary condition, power, duty, liability or procedure for the issuance,
payment, redemption, security, marketing, replacement or refinancing of
such bonds, and the use, disposition or control of all or any part of the
revenues realized from a commercial redevelopment plan.
(Source: Laws 1967, p. 3213.)
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(65 ILCS 5/Art. 11 Div. 74.3 heading) DIVISION 74.3.
BUSINESS DISTRICT
DEVELOPMENT AND REDEVELOPMENT
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(65 ILCS 5/11-74.3-1) (from Ch. 24, par. 11-74.3-1)
Sec. 11-74.3-1. Division short title; declaration of public purpose. This Division 74.3 may be cited as the Business District Development and Redevelopment Law. It is hereby found and declared: (1) It is essential to the economic and social welfare of
each municipality that business districts be developed, redeveloped, improved, maintained, and revitalized, that jobs and opportunity for employment be created within the municipality, and that, if blighting conditions are present, blighting conditions be eradicated by
assuring opportunities for development or redevelopment, encouraging private investment, and attracting
sound and stable business and commercial growth. It is further found and determined that as a result of economic conditions unfavorable to the creation, development, improvement, maintenance, and redevelopment of certain business and commercial areas within municipalities opportunities for private investment and sound and stable commercial growth have been and will continue to be negatively impacted and business and commercial areas within many municipalities have deteriorated and will continue to deteriorate, thereby causing a serious menace to the health, safety, morals, and general welfare of the people of the entire State, unemployment, a decline in tax revenues, excessive and disproportionate expenditure of public funds, inadequate public and private investment, the unmarketability of property, and the growth of delinquencies and crime. In order to reduce threats to and to promote and protect the health, safety, morals, and welfare of the public and to provide incentives which will create employment and job opportunities, will retain commercial businesses in the State and related job opportunities and will eradicate blighting conditions if blighting conditions are present, and for the relief of unemployment and the maintenance of existing levels of employment, it is essential that plans for business districts be created and implemented and that business districts be created, developed, improved, maintained, and redeveloped.
(2) The creation, development, improvement, maintenance, and redevelopment of business districts will stimulate economic activity in the State, create and maintain jobs, increase tax revenues, encourage the creation of new and lasting infrastructure, other improvements, and facilities, and cause the attraction and retention of businesses and commercial enterprises which generate economic activity and services and increase the general tax base, including, but not limited to, increased retail sales, hotel or restaurant sales, manufacturing sales, or entertainment industry sales, thereby increasing employment and economic growth. (3) It is hereby declared to be the policy of the State, in the interest of promoting the health, safety, morals, and general welfare of all the people of the State, to provide incentives which will create new job opportunities and retain existing commercial businesses within the State and related job opportunities, and it is further determined and declared that the relief of conditions of unemployment, the maintenance of existing levels of employment, the creation of new job opportunities, the retention of existing commercial businesses, the increase of industry and commerce within the State, the reduction of the evils attendant upon unemployment, and the increase and maintenance of the tax base of the State and its political subdivisions are public purposes and for the public safety, benefit, and welfare of the residents of this State. (4) The exercise of the powers provided in this Law is dedicated to the promotion of the public interest, to the enhancement of the tax base within business districts, municipalities, and the State and its political subdivisions, the creation of employment, and the eradication of blight, if present within the business district, and the use of such powers for the creation, development, improvement, maintenance, and redevelopment of business districts of a municipality is hereby declared to be for the public safety, benefit, and welfare of the residents of the State and essential to the public interest and declared to be for public purposes.
(Source: P.A. 96-1394, eff. 7-29-10.)
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(65 ILCS 5/11-74.3-2) (from Ch. 24, par. 11-74.3-2)
Sec. 11-74.3-2. Procedures to designate business districts; ordinances; notice; hearings. (a) The corporate authorities of a municipality shall by ordinance propose the approval of a business district plan and designation of a business district and shall fix a time and place for a public hearing on the proposals to approve a business district plan and designate a business district. (b) Notice of the public hearing shall be given by publication at least twice, the first publication to be not more than 30 nor less than 10 days prior to the hearing, in a newspaper of general circulation within the municipality. Each notice published pursuant to this Section shall include the following: (1) The time and place of the public hearing; (2) The boundaries of the proposed business district | ||
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(3) A notification that all interested persons will | ||
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(4) A description of the business district plan if a | ||
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(5) The rate of any tax to be imposed pursuant to | ||
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(6) An invitation for any person to submit alternate | ||
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(7) Such other matters as the municipality shall deem | ||
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(c) At the public hearing any interested person may file written objections with the municipal clerk and may be heard orally with respect to any matters embodied in the notice. The municipality shall hear and determine all alternate proposals or bids for any proposed conveyance, lease, mortgage, or other disposition by the municipality of land or rights in land owned by the municipality and located within the proposed business district and all protests and objections at the hearing, provided, however, that the corporate authorities of the municipality may establish reasonable rules regarding the length of time provided to members of the general public. The hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the adjourned hearing. Public hearings with regard to approval of a business district plan or designation of a business district may be held simultaneously. (d) At the public hearing or at any time prior to the adoption by the municipality of an ordinance approving a business district plan, the municipality may make changes in the business district plan. Changes which do not (i) alter the exterior boundaries of the proposed business district, (ii) substantially affect the general land uses described in the proposed business district plan, (iii) substantially change the nature of any proposed business district project, (iv) change the description of any proposed developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5%, (vi) add additional business district costs to the itemized list of estimated business district costs as proposed in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 may be made by the municipality without further public hearing, provided the municipality shall give notice of its changes by publication in a newspaper of general circulation within the municipality. Such notice by publication shall be given not later than 30 days following the adoption of an ordinance approving such changes. Changes which (i) alter the exterior boundaries of the proposed business district, (ii) substantially affect the general land uses described in the proposed business district plan, (iii) substantially change the nature of any proposed business district project, (iv) change the description of any proposed developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5%, (vi) add additional business district costs to the itemized list of estimated business district costs as proposed in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 may be made by the municipality only after the municipality by ordinance fixes a time and place for, gives notice by publication of, and conducts a public hearing pursuant to the procedures set forth hereinabove. (e) By ordinance adopted within 90 days of the final adjournment of the public hearing a municipality may approve the business district plan and designate the business district. Any ordinance adopted which approves a business district plan shall contain findings that the business district on the whole has not been subject to growth and development through investment by private enterprises and would not reasonably be anticipated to be developed or redeveloped without the adoption of the business district plan. Any ordinance adopted which designates a business district shall contain the boundaries of such business district by legal description and, where possible, by street location, a finding that the business district plan conforms to the comprehensive plan for the development of the municipality as a whole, or, for municipalities with a population of 100,000 or more, regardless of when the business district plan was approved, the business district plan either (i) conforms to the strategic economic development or redevelopment plan issued by the designated planning authority or the municipality or (ii) includes land uses that have been approved by the planning commission of the municipality, and, for any business district in which the municipality intends to impose taxes as provided in subsection (10) or (11) of Section 11-74.3-3, a specific finding that the business district qualifies as a blighted area as defined in Section 11-74.3-5. (f) After a municipality has by ordinance approved a business district plan and designated a business district, the plan may be amended, the boundaries of the business district may be altered, and the taxes provided for in subsections (10) and (11) of Section 11-74.3-3 may be imposed or altered only as provided in this subsection. Changes which do not (i) alter the exterior boundaries of the proposed business district, (ii) substantially affect the general land uses described in the business district plan, (iii) substantially change the nature of any business district project, (iv) change the description of any developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5% after adjustment for inflation from the date the business district plan was approved, (vi) add additional business district costs to the itemized list of estimated business district costs as approved in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 may be made by the municipality without further public hearing, provided the municipality shall give notice of its changes by publication in a newspaper of general circulation within the municipality. Such notice by publication shall be given not later than 30 days following the adoption of an ordinance approving such changes. Changes which (i) alter the exterior boundaries of the business district, (ii) substantially affect the general land uses described in the business district plan, (iii) substantially change the nature of any business district project, (iv) change the description of any developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5% after adjustment for inflation from the date the business district plan was approved, (vi) add additional business district costs to the itemized list of estimated business district costs as approved in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 may be made by the municipality only after the municipality by ordinance fixes a time and place for, gives notice by publication of, and conducts a public hearing pursuant to the procedures set forth in this Section.
(Source: P.A. 96-1394, eff. 7-29-10; 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
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(65 ILCS 5/11-74.3-3) (from Ch. 24, par. 11-74.3-3)
Sec. 11-74.3-3. Powers of municipalities. In addition to the powers a municipality may now have, a municipality shall have the following
powers:
(1) To make and enter into all contracts necessary or | ||
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(2) Within a business district, to acquire by | ||
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(2.5) To acquire property by eminent domain in | ||
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(3) To clear any area within a business district by | ||
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(4) To install, repair, construct, reconstruct, or | ||
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(5) To renovate, rehabilitate, reconstruct, relocate, | ||
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(6) To construct public improvements, including but | ||
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(7) To fix, charge, and collect fees, rents, and | ||
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(8) To pay or cause to be paid business district | ||
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(8.5) Utilize up to 1% of the revenue from a business | ||
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(A) contiguous to the business district from | ||
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(B) separated only by a public right of way from | ||
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(C) separated only by forest preserve property | ||
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(9) To apply for and accept grants, guarantees, | ||
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(10) If the municipality has by ordinance found and | ||
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(11) If the municipality has by ordinance found and | ||
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(Source: P.A. 99-452, eff. 1-1-16.)
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(65 ILCS 5/11-74.3-4) (from Ch. 24, par. 11-74.3-4)
Sec. 11-74.3-4.
The powers granted to municipalities in this Law shall not be
construed as a limitation on the powers of a home rule municipality granted
by Article VII of the Illinois Constitution.
(Source: P.A. 96-1394, eff. 7-29-10.)
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(65 ILCS 5/11-74.3-5) Sec. 11-74.3-5. Definitions. The following terms as used in this Law shall have the following meanings: "Blighted area" means an area that is a blighted area which, by reason of the predominance of defective, non-existent, or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire or other causes, or any combination of those factors, retards the provision of housing accommodations or constitutes an economic or social liability, an economic underutilization of the area, or a menace to the public health, safety, morals, or welfare. "Business district" means a contiguous area which includes only parcels of real property directly and substantially benefited by the proposed business district plan. A business district may, but need not be, a blighted area, but no municipality shall be authorized to impose taxes pursuant to subsection (10) or (11) of Section 11-74.3-3 in a business district which has not been determined by ordinance to be a blighted area under this Law. For purposes of this Division, parcels are contiguous if they touch or join one another in a reasonably substantial physical sense or if they meet the criteria for annexation to a municipality under Section 7-1-1 of this Code. The changes made by this amendatory Act of the 102nd General Assembly, are declarative of existing law and shall be applied retroactively when substantively applicable, including all pending actions without regard to when the cause of action accrued; however, this amendatory Act of the 102nd General Assembly does not affect the rights of any party that is subject to a final judgment entered pursuant to the September 23, 2021 opinion of the Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444. "Business district plan" shall mean the written plan for the development or redevelopment of a business district. Each business district plan shall set forth in writing: (i) a specific description of the boundaries of the proposed business district, including a map illustrating the boundaries; (ii) a general description of each project proposed to be undertaken within the business district, including a description of the approximate location of each project and a description of any developer, user, or tenant of any property to be located or improved within the proposed business district; (iii) the name of the proposed business district; (iv) the estimated business district project costs; (v) the anticipated source of funds to pay business district project costs; (vi) the anticipated type and terms of any obligations to be issued; and (vii) the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 and the period of time for which the tax shall be imposed. "Business district project costs" shall mean and include the sum total of all costs incurred by a municipality, other governmental entity, or nongovernmental person in connection with a business district, in the furtherance of a business district plan, including, without limitation, the following: (1) costs of studies, surveys, development of plans | ||
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(2) property assembly costs, including but not | ||
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(3) site preparation costs, including but not limited | ||
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(4) costs of installation, repair, construction, | ||
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(5) costs of renovation, rehabilitation, | ||
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(6) costs of installation or construction within the | ||
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(7) financing costs, including but not limited to all | ||
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(8) relocation costs to the extent that a | ||
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"Business district tax allocation fund" means the special fund to be established by a municipality for a business district as provided in Section 11-74.3-6. "Dissolution date" means the date on which the business district tax allocation fund shall be dissolved. The dissolution date shall be not later than 270 days following payment to the municipality of the last distribution of taxes as provided in Section 11-74.3-6.
(Source: P.A. 102-818, eff. 5-13-22.) |
(65 ILCS 5/11-74.3-6) (Text of Section before amendment by P.A. 103-592) Sec. 11-74.3-6. Business district revenue and obligations; business district tax allocation fund. (a) If the corporate authorities of a municipality have approved a business district plan, have designated a business district, and have elected to impose a tax by ordinance pursuant to subsection (10) or (11) of Section 11-74.3-3, then each year after the date of the approval of the ordinance but terminating upon the date all business district project costs and all obligations paying or reimbursing business district project costs, if any, have been paid, but in no event later than the dissolution date, all amounts generated by the retailers' occupation tax and service occupation tax shall be collected and the tax shall be enforced by the Department of Revenue in the same manner as all retailers' occupation taxes and service occupation taxes imposed in the municipality imposing the tax and all amounts generated by the hotel operators' occupation tax shall be collected and the tax shall be enforced by the municipality in the same manner as all hotel operators' occupation taxes imposed in the municipality imposing the tax. The corporate authorities of the municipality shall deposit the proceeds of the taxes imposed under subsections (10) and (11) of Section 11-74.3-3 into a special fund of the municipality called the "[Name of] Business District Tax Allocation Fund" for the purpose of paying or reimbursing business district project costs and obligations incurred in the payment of those costs. (b) The corporate authorities of a municipality that has designated a business district under this Law may, by ordinance, impose a Business District Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the business district at a rate not to exceed 1% of the gross receipts from the sales made in the course of such business, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the rate of 1% under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 1, 1a through 1o, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c through 2h, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under this subsection may reimburse themselves for their seller's tax liability under this subsection by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes that sellers are required to collect under the Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which retailers have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality.
An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other requirements of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district and each address in the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax.
When certifying the amount of a monthly disbursement to a municipality under this subsection, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. If a tax is imposed under this subsection (b), a tax shall also be imposed under subsection (c) of this Section. (c) If a tax has been imposed under subsection (b), a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. The tax shall be imposed at the same rate as the tax imposed in subsection (b) and shall not exceed 1% of the selling price of tangible personal property so transferred within the business district, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the business district), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the municipality), the first paragraph of Section 15, and Sections 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which suppliers and servicemen have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities, provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality. An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other conditions of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax.
Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. If a tax is imposed under this subsection (c), a tax shall also be imposed under subsection (b) of this Section. (d) By ordinance, a municipality that has designated a business district under this Law may impose an occupation tax upon all persons engaged in the business district in the business of renting, leasing, or letting rooms in a hotel, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts from the renting, leasing, or letting of hotel rooms within the business district, to be imposed only in 0.25% increments, excluding, however, from gross rental receipts the proceeds of renting, leasing, or letting to permanent residents of a hotel, as defined in the Hotel Operators' Occupation Tax Act, and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act. The tax imposed by the municipality under this subsection and all civil penalties that may be assessed as an incident to that tax shall be collected and enforced by the municipality imposing the tax. The municipality shall have full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of and compliance with this subsection, the municipality and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, shall be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and shall employ the same modes of procedure as are employed with respect to a tax adopted by the municipality under Section 8-3-14 of this Code. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their tax liability for that tax by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes imposed under the Hotel Operators' Occupation Tax Act, and with any other tax. Nothing in this subsection shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. The proceeds of the tax imposed under this subsection shall be deposited into the Business District Tax Allocation Fund.
(e) Obligations secured by the Business District Tax Allocation Fund may be issued to provide for the payment or reimbursement of business district project costs. Those obligations, when so issued, shall be retired in the manner provided in the ordinance authorizing the issuance of those obligations by the receipts of taxes imposed pursuant to subsections (10) and (11) of Section 11-74.3-3 and by other revenue designated or pledged by the municipality. A municipality may in the ordinance pledge, for any period of time up to and including the dissolution date, all or any part of the funds in and to be deposited in the Business District Tax Allocation Fund to the payment of business district project costs and obligations. Whenever a municipality pledges all of the funds to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality may specifically provide that funds remaining to the credit of such business district tax allocation fund after the payment of such obligations shall be accounted for annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. Whenever a municipality pledges less than all of the monies to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality shall provide that monies to the credit of the business district tax allocation fund and not subject to such pledge or otherwise encumbered or required for payment of contractual obligations for specific business district project costs shall be calculated annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. No obligation issued pursuant to this Law and secured by a pledge of all or any portion of any revenues received or to be received by the municipality from the imposition of taxes pursuant to subsection (10) of Section 11-74.3-3, shall be deemed to constitute an economic incentive agreement under Section 8-11-20, notwithstanding the fact that such pledge provides for the sharing, rebate, or payment of retailers' occupation taxes or service occupation taxes imposed pursuant to subsection (10) of Section 11-74.3-3 and received or to be received by the municipality from the development or redevelopment of properties in the business district. Without limiting the foregoing in this Section, the municipality may further secure obligations secured by the business district tax allocation fund with a pledge, for a period not greater than the term of the obligations and in any case not longer than the dissolution date, of any part or any combination of the following: (i) net revenues of all or part of any business district project; (ii) taxes levied or imposed by the municipality on any or all property in the municipality, including, specifically, taxes levied or imposed by the municipality in a special service area pursuant to the Special Service Area Tax Law; (iii) the full faith and credit of the municipality; (iv) a mortgage on part or all of the business district project; or (v) any other taxes or anticipated receipts that the municipality may lawfully pledge. Such obligations may be issued in one or more series, bear such date or dates, become due at such time or times as therein provided, but in any case not later than (i) 20 years after the date of issue or (ii) the dissolution date, whichever is earlier, bear interest payable at such intervals and at such rate or rates as set forth therein, except as may be limited by applicable law, which rate or rates may be fixed or variable, be in such denominations, be in such form, either coupon, registered, or book-entry, carry such conversion, registration and exchange privileges, be subject to defeasance upon such terms, have such rank or priority, be executed in such manner, be payable in such medium or payment at such place or places within or without the State, make provision for a corporate trustee within or without the State with respect to such obligations, prescribe the rights, powers, and duties thereof to be exercised for the benefit of the municipality and the benefit of the owners of such obligations, provide for the holding in trust, investment, and use of moneys, funds, and accounts held under an ordinance, provide for assignment of and direct payment of the moneys to pay such obligations or to be deposited into such funds or accounts directly to such trustee, be subject to such terms of redemption with or without premium, and be sold at such price, all as the corporate authorities shall determine. No referendum approval of the electors shall be required as a condition to the issuance of obligations pursuant to this Law except as provided in this Section. In the event the municipality authorizes the issuance of obligations pursuant to the authority of this Law secured by the full faith and credit of the municipality, or pledges ad valorem taxes pursuant to this subsection, which obligations are other than obligations which may be issued under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which ad valorem taxes are other than ad valorem taxes which may be pledged under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which are levied in a special service area pursuant to the Special Service Area Tax Law, the ordinance authorizing the issuance of those obligations or pledging those taxes shall be published within 10 days after the ordinance has been adopted, in a newspaper having a general circulation within the municipality. The publication of the ordinance shall be accompanied by a notice of (i) the specific number of voters required to sign a petition requesting the question of the issuance of the obligations or pledging such ad valorem taxes to be submitted to the electors; (ii) the time within which the petition must be filed; and (iii) 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, as hereinafter provided in this Section, within 21 days after the publication of the ordinance, the ordinance shall be in effect. However, if within that 21-day period a petition is filed with the municipal clerk, signed by electors numbering not less than 15% of the number of electors voting for the mayor or president at the last general municipal election, asking that the question of issuing obligations using full faith and credit of the municipality as security for the cost of paying or reimbursing business district project costs, or of pledging such ad valorem taxes for the payment of those obligations, or both, be submitted to the electors of the municipality, the municipality shall not be authorized to issue obligations of the municipality using the full faith and credit of the municipality as security or pledging such ad valorem taxes for the payment of those obligations, or both, until the proposition has been submitted to and approved by a majority of the voters voting on the proposition at a regularly scheduled election. The municipality shall certify the proposition to the proper election authorities for submission in accordance with the general election law. The ordinance authorizing the obligations may provide that the obligations shall contain a recital that they are issued pursuant to this Law, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. In the event the municipality authorizes issuance of obligations pursuant to this Law secured by the full faith and credit of the municipality, the ordinance authorizing the obligations may provide for the levy and collection of a direct annual tax upon all taxable property within the municipality sufficient to pay the principal thereof and interest thereon as it matures, which levy may be in addition to and exclusive of the maximum of all other taxes authorized to be levied by the municipality, which levy, however, shall be abated to the extent that monies from other sources are available for payment of the obligations and the municipality certifies the amount of those monies available to the county clerk. A certified copy of the ordinance shall be filed with the county clerk of each county in which any portion of the municipality is situated, and shall constitute the authority for the extension and collection of the taxes to be deposited in the business district tax allocation fund. A municipality may also issue its obligations to refund, in whole or in part, obligations theretofore issued by the municipality under the authority of this Law, whether at or prior to maturity. However, the last maturity of the refunding obligations shall not be expressed to mature later than the dissolution date. In the event a municipality issues obligations under home rule powers or other legislative authority, the proceeds of which are pledged to pay or reimburse business district project costs, the municipality may, if it has followed the procedures in conformance with this Law, retire those obligations from funds in the business district tax allocation fund in amounts and in such manner as if those obligations had been issued pursuant to the provisions of this Law. No obligations issued pursuant to this Law shall be regarded as indebtedness of the municipality issuing those obligations or any other taxing district for the purpose of any limitation imposed by law. Obligations issued pursuant to this Law shall not be subject to the provisions of the Bond Authorization Act. (f) When business district project costs, including, without limitation, all obligations paying or reimbursing business district project costs have been paid, any surplus funds then remaining in the Business District Tax Allocation Fund shall be distributed to the municipal treasurer for deposit into the general corporate fund of the municipality. Upon payment of all business district project costs and retirement of all obligations paying or reimbursing business district project costs, but in no event more than 23 years after the date of adoption of the ordinance imposing taxes pursuant to subsection (10) or (11) of Section 11-74.3-3, the municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to subsection (10) or (11) of Section 11-74.3-3.
(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.) (Text of Section after amendment by P.A. 103-592) Sec. 11-74.3-6. Business district revenue and obligations; business district tax allocation fund. (a) If the corporate authorities of a municipality have approved a business district plan, have designated a business district, and have elected to impose a tax by ordinance pursuant to subsection (10) or (11) of Section 11-74.3-3, then each year after the date of the approval of the ordinance but terminating upon the date all business district project costs and all obligations paying or reimbursing business district project costs, if any, have been paid, but in no event later than the dissolution date, all amounts generated by the retailers' occupation tax and service occupation tax shall be collected and the tax shall be enforced by the Department of Revenue in the same manner as all retailers' occupation taxes and service occupation taxes imposed in the municipality imposing the tax and all amounts generated by the hotel operators' occupation tax shall be collected and the tax shall be enforced by the municipality in the same manner as all hotel operators' occupation taxes imposed in the municipality imposing the tax. The corporate authorities of the municipality shall deposit the proceeds of the taxes imposed under subsections (10) and (11) of Section 11-74.3-3 into a special fund of the municipality called the "[Name of] Business District Tax Allocation Fund" for the purpose of paying or reimbursing business district project costs and obligations incurred in the payment of those costs. (b) The corporate authorities of a municipality that has designated a business district under this Law may, by ordinance, impose a Business District Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the business district at a rate not to exceed 1% of the gross receipts from the sales made in the course of such business, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the rate of 1% under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 1, 1a through 1o, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c through 2h, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under this subsection may reimburse themselves for their seller's tax liability under this subsection by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes that sellers are required to collect under the Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which retailers have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality. An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other requirements of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district and each address in the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax. When certifying the amount of a monthly disbursement to a municipality under this subsection, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. If a tax is imposed under this subsection (b), a tax shall also be imposed under subsection (c) of this Section. (c) If a tax has been imposed under subsection (b), a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. The tax shall be imposed at the same rate as the tax imposed in subsection (b) and shall not exceed 1% of the selling price of tangible personal property so transferred within the business district, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the business district), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the municipality), the first paragraph of Section 15, and Sections 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which suppliers and servicemen have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities, provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality. An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other conditions of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax. Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. If a tax is imposed under this subsection (c), a tax shall also be imposed under subsection (b) of this Section. (c-5) If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. (d) By ordinance, a municipality that has designated a business district under this Law may impose an occupation tax upon all persons engaged in the business district in the business of renting, leasing, or letting rooms in a hotel, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts from the renting, leasing, or letting of hotel rooms within the business district, to be imposed only in 0.25% increments, excluding, however, from gross rental receipts the proceeds of renting, leasing, or letting to permanent residents of a hotel, as defined in the Hotel Operators' Occupation Tax Act, and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act. The tax imposed by the municipality under this subsection and all civil penalties that may be assessed as an incident to that tax shall be collected and enforced by the municipality imposing the tax. The municipality shall have full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of and compliance with this subsection, the municipality and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, shall be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and shall employ the same modes of procedure as are employed with respect to a tax adopted by the municipality under Section 8-3-14 of this Code. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their tax liability for that tax by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes imposed under the Hotel Operators' Occupation Tax Act, and with any other tax. Nothing in this subsection shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. The proceeds of the tax imposed under this subsection shall be deposited into the Business District Tax Allocation Fund. (e) Obligations secured by the Business District Tax Allocation Fund may be issued to provide for the payment or reimbursement of business district project costs. Those obligations, when so issued, shall be retired in the manner provided in the ordinance authorizing the issuance of those obligations by the receipts of taxes imposed pursuant to subsections (10) and (11) of Section 11-74.3-3 and by other revenue designated or pledged by the municipality. A municipality may in the ordinance pledge, for any period of time up to and including the dissolution date, all or any part of the funds in and to be deposited in the Business District Tax Allocation Fund to the payment of business district project costs and obligations. Whenever a municipality pledges all of the funds to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality may specifically provide that funds remaining to the credit of such business district tax allocation fund after the payment of such obligations shall be accounted for annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. Whenever a municipality pledges less than all of the monies to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality shall provide that monies to the credit of the business district tax allocation fund and not subject to such pledge or otherwise encumbered or required for payment of contractual obligations for specific business district project costs shall be calculated annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. No obligation issued pursuant to this Law and secured by a pledge of all or any portion of any revenues received or to be received by the municipality from the imposition of taxes pursuant to subsection (10) of Section 11-74.3-3, shall be deemed to constitute an economic incentive agreement under Section 8-11-20, notwithstanding the fact that such pledge provides for the sharing, rebate, or payment of retailers' occupation taxes or service occupation taxes imposed pursuant to subsection (10) of Section 11-74.3-3 and received or to be received by the municipality from the development or redevelopment of properties in the business district. Without limiting the foregoing in this Section, the municipality may further secure obligations secured by the business district tax allocation fund with a pledge, for a period not greater than the term of the obligations and in any case not longer than the dissolution date, of any part or any combination of the following: (i) net revenues of all or part of any business district project; (ii) taxes levied or imposed by the municipality on any or all property in the municipality, including, specifically, taxes levied or imposed by the municipality in a special service area pursuant to the Special Service Area Tax Law; (iii) the full faith and credit of the municipality; (iv) a mortgage on part or all of the business district project; or (v) any other taxes or anticipated receipts that the municipality may lawfully pledge. Such obligations may be issued in one or more series, bear such date or dates, become due at such time or times as therein provided, but in any case not later than (i) 20 years after the date of issue or (ii) the dissolution date, whichever is earlier, bear interest payable at such intervals and at such rate or rates as set forth therein, except as may be limited by applicable law, which rate or rates may be fixed or variable, be in such denominations, be in such form, either coupon, registered, or book-entry, carry such conversion, registration and exchange privileges, be subject to defeasance upon such terms, have such rank or priority, be executed in such manner, be payable in such medium or payment at such place or places within or without the State, make provision for a corporate trustee within or without the State with respect to such obligations, prescribe the rights, powers, and duties thereof to be exercised for the benefit of the municipality and the benefit of the owners of such obligations, provide for the holding in trust, investment, and use of moneys, funds, and accounts held under an ordinance, provide for assignment of and direct payment of the moneys to pay such obligations or to be deposited into such funds or accounts directly to such trustee, be subject to such terms of redemption with or without premium, and be sold at such price, all as the corporate authorities shall determine. No referendum approval of the electors shall be required as a condition to the issuance of obligations pursuant to this Law except as provided in this Section. In the event the municipality authorizes the issuance of obligations pursuant to the authority of this Law secured by the full faith and credit of the municipality, or pledges ad valorem taxes pursuant to this subsection, which obligations are other than obligations which may be issued under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which ad valorem taxes are other than ad valorem taxes which may be pledged under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which are levied in a special service area pursuant to the Special Service Area Tax Law, the ordinance authorizing the issuance of those obligations or pledging those taxes shall be published within 10 days after the ordinance has been adopted, in a newspaper having a general circulation within the municipality. The publication of the ordinance shall be accompanied by a notice of (i) the specific number of voters required to sign a petition requesting the question of the issuance of the obligations or pledging such ad valorem taxes to be submitted to the electors; (ii) the time within which the petition must be filed; and (iii) 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, as hereinafter provided in this Section, within 21 days after the publication of the ordinance, the ordinance shall be in effect. However, if within that 21-day period a petition is filed with the municipal clerk, signed by electors numbering not less than 15% of the number of electors voting for the mayor or president at the last general municipal election, asking that the question of issuing obligations using full faith and credit of the municipality as security for the cost of paying or reimbursing business district project costs, or of pledging such ad valorem taxes for the payment of those obligations, or both, be submitted to the electors of the municipality, the municipality shall not be authorized to issue obligations of the municipality using the full faith and credit of the municipality as security or pledging such ad valorem taxes for the payment of those obligations, or both, until the proposition has been submitted to and approved by a majority of the voters voting on the proposition at a regularly scheduled election. The municipality shall certify the proposition to the proper election authorities for submission in accordance with the general election law. The ordinance authorizing the obligations may provide that the obligations shall contain a recital that they are issued pursuant to this Law, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. In the event the municipality authorizes issuance of obligations pursuant to this Law secured by the full faith and credit of the municipality, the ordinance authorizing the obligations may provide for the levy and collection of a direct annual tax upon all taxable property within the municipality sufficient to pay the principal thereof and interest thereon as it matures, which levy may be in addition to and exclusive of the maximum of all other taxes authorized to be levied by the municipality, which levy, however, shall be abated to the extent that monies from other sources are available for payment of the obligations and the municipality certifies the amount of those monies available to the county clerk. A certified copy of the ordinance shall be filed with the county clerk of each county in which any portion of the municipality is situated, and shall constitute the authority for the extension and collection of the taxes to be deposited in the business district tax allocation fund. A municipality may also issue its obligations to refund, in whole or in part, obligations theretofore issued by the municipality under the authority of this Law, whether at or prior to maturity. However, the last maturity of the refunding obligations shall not be expressed to mature later than the dissolution date. In the event a municipality issues obligations under home rule powers or other legislative authority, the proceeds of which are pledged to pay or reimburse business district project costs, the municipality may, if it has followed the procedures in conformance with this Law, retire those obligations from funds in the business district tax allocation fund in amounts and in such manner as if those obligations had been issued pursuant to the provisions of this Law. No obligations issued pursuant to this Law shall be regarded as indebtedness of the municipality issuing those obligations or any other taxing district for the purpose of any limitation imposed by law. Obligations issued pursuant to this Law shall not be subject to the provisions of the Bond Authorization Act. (f) When business district project costs, including, without limitation, all obligations paying or reimbursing business district project costs have been paid, any surplus funds then remaining in the Business District Tax Allocation Fund shall be distributed to the municipal treasurer for deposit into the general corporate fund of the municipality. Upon payment of all business district project costs and retirement of all obligations paying or reimbursing business district project costs, but in no event more than 23 years after the date of adoption of the ordinance imposing taxes pursuant to subsection (10) or (11) of Section 11-74.3-3, the municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to subsection (10) or (11) of Section 11-74.3-3. (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(65 ILCS 5/11-74.3-7) Sec. 11-74.3-7. Existing business districts. Except as hereinafter provided, business districts that were designated prior to the effective date of this amendatory Act of the 96th General Assembly shall continue to operate and be governed by the terms of this Law in effect prior to the effective date of this amendatory Act of the 96th General Assembly. Any municipality which has designated a business district prior to the effective date of this amendatory Act of the 96th General Assembly may, by ordinance, amend or supplement any proceedings taken in connection with the designation of a business district as shall be necessary to provide that this amendatory Act of the 96th General Assembly shall apply to such business district.
(Source: P.A. 96-1394, eff. 7-29-10.) |
(65 ILCS 5/Art. 11 Div. 74.4 heading) DIVISION 74.4.
TAX INCREMENT
ALLOCATION REDEVELOPMENT ACT
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(65 ILCS 5/11-74.4-1) (from Ch. 24, par. 11-74.4-1)
Sec. 11-74.4-1.
This Division 74.4 shall be known and may be cited as
the "Tax Increment Allocation Redevelopment Act".
(Source: P.A. 84-1417.)
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(65 ILCS 5/11-74.4-2) (from Ch. 24, par. 11-74.4-2)
Sec. 11-74.4-2.
(a) It is hereby found and declared that there exist in
many municipalities within this State blighted conservation and
industrial park conservation areas, as
defined herein; that the conservation areas are rapidly deteriorating and
declining and may soon become blighted areas if their decline is not
checked; that the stable economic and physical development of the blighted
areas, conservation areas and industrial park conservation
areas is endangered by the presence of blighting
factors as manifested by progressive and advanced deterioration of structures,
by the overuse of housing and other facilities, by a lack of physical maintenance
of existing structures, by obsolete and inadequate community facilities
and a lack of sound community planning, by obsolete platting, diversity
of ownership, excessive tax and special assessment delinquencies, by
the growth of a large surplus of workers who lack the skills to meet
existing or potential employment opportunities or by a
combination of these factors; that as a result of the existence of blighted
areas and areas requiring conservation, there is an excessive and disproportionate
expenditure of public funds, inadequate public and private investment, unmarketability
of property, growth in delinquencies and crime, and housing and zoning law
violations in such areas together with an abnormal exodus of families and
businesses so that the decline of these areas impairs the value of private
investments and threatens the sound growth and the tax base of taxing districts
in such areas, and threatens the health, safety, morals, and welfare of the
public and that the industrial park conservation areas include
under-utilized areas which, if developed as industrial parks, will promote
industrial and transportation activities, thereby reducing the evils
attendant upon involuntary unemployment and enhancing the public health and
welfare of this State.
(b) It is hereby found and declared that in order to promote and protect
the health, safety, morals, and welfare of the public, that blighted conditions
need to be eradicated and conservation measures instituted, and that redevelopment
of such areas be undertaken; that to remove and alleviate adverse conditions
it is necessary to encourage private investment and restore and enhance
the tax base of the taxing districts in such areas by the development or redevelopment
of project areas. The eradication of blighted areas and treatment and
improvement of conservation areas and industrial park conservation
areas by redevelopment projects is hereby declared
to be essential to the public interest.
(c) It is found and declared that the use of incremental tax revenues
derived from the tax rates of various taxing districts in redevelopment
project areas for the payment of redevelopment project costs is of benefit
to said taxing districts for the reasons that taxing districts located in
redevelopment project areas would not derive the benefits of an increased
assessment base without the benefits of tax increment financing, all surplus
tax revenues are turned over to the taxing districts in redevelopment
project areas and all said districts benefit from the removal of blighted
conditions, the eradication of conditions requiring conservation
measures, and the development of industrial parks.
(Source: P.A. 84-1090.)
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(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms, wherever used or
referred to in this Division 74.4 shall have the following respective meanings,
unless in any case a different meaning clearly appears from the context.
(a) For any redevelopment project area that has been designated pursuant
to this
Section by an ordinance adopted prior to November 1, 1999 (the effective
date of Public Act
91-478), "blighted area" shall have the meaning set
forth in this Section
prior to that date.
On and after November 1, 1999,
"blighted area" means any improved or vacant area within the boundaries
of a redevelopment project area located within the territorial limits of
the municipality where:
(1) If improved, industrial, commercial, and | ||
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(A) Dilapidation. An advanced state of disrepair | ||
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(B) Obsolescence. The condition or process of | ||
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(C) Deterioration. With respect to buildings, | ||
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(D) Presence of structures below minimum code | ||
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(E) Illegal use of individual structures. The | ||
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(F) Excessive vacancies. The presence of | ||
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(G) Lack of ventilation, light, or sanitary | ||
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(H) Inadequate utilities. Underground and | ||
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(I) Excessive land coverage and overcrowding of | ||
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(J) Deleterious land use or layout. The | ||
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(K) Environmental clean-up. The proposed | ||
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(L) Lack of community planning. The proposed | ||
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(M) The total equalized assessed value of the | ||
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(2) If vacant, the sound growth of the redevelopment | ||
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(A) Obsolete platting of vacant land that results | ||
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(B) Diversity of ownership of parcels of vacant | ||
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(C) Tax and special assessment delinquencies | ||
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(D) Deterioration of structures or site | ||
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(E) The area has incurred Illinois Environmental | ||
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(F) The total equalized assessed value of the | ||
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(3) If vacant, the sound growth of the redevelopment | ||
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(A) The area consists of one or more unused | ||
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(B) The area consists of unused rail yards, rail | ||
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(C) The area, prior to its designation, is | ||
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(D) The area consists of an unused or illegal | ||
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(E) Prior to November 1, 1999, the area is not | ||
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(F) The area qualified as a blighted improved | ||
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(b) For any redevelopment project area that has been designated pursuant
to this
Section by an ordinance adopted prior to November 1, 1999 (the effective
date of Public Act
91-478), "conservation area" shall have the meaning
set forth in this
Section prior to that date.
On and after November 1, 1999,
"conservation area" means any improved area within the boundaries
of a redevelopment project area located within the territorial limits of
the municipality in which 50% or more of the structures in the area have
an age of 35 years or more.
Such an area is not yet a blighted area but
because of a combination of 3 or more of the following factors is detrimental
to the public safety, health, morals
or welfare and such an area may become a blighted area:
(1) Dilapidation. An advanced state of disrepair or | ||
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(2) Obsolescence. The condition or process of | ||
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(3) Deterioration. With respect to buildings, | ||
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(4) Presence of structures below minimum code | ||
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(5) Illegal use of individual structures. The use of | ||
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(6) Excessive vacancies. The presence of buildings | ||
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(7) Lack of ventilation, light, or sanitary | ||
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(8) Inadequate utilities. Underground and overhead | ||
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(9) Excessive land coverage and overcrowding of | ||
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(10) Deleterious land use or layout. The existence | ||
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(11) Lack of community planning. The proposed | ||
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(12) The area has incurred Illinois Environmental | ||
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(13) The total equalized assessed value of the | ||
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(c) "Industrial park" means an area in a blighted or conservation
area suitable for use by any manufacturing, industrial, research or
transportation enterprise, of facilities to include but not be limited to
factories, mills, processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers, warehouses, repair
overhaul or service facilities, freight terminals, research facilities,
test facilities or railroad facilities.
(d) "Industrial park conservation area" means an area within the
boundaries of a redevelopment project area located within the territorial
limits of a municipality that is a labor surplus municipality or within 1
1/2 miles of the territorial limits of a municipality that is a labor
surplus municipality if the area is annexed to the municipality; which
area is zoned as industrial no later than at the time the municipality by
ordinance designates the redevelopment project area, and which area
includes both vacant land suitable for use as an industrial park and a
blighted area or conservation area contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in which, at any
time during the 6 months before the municipality by ordinance designates
an industrial park conservation area, the unemployment rate was over 6% and was
also 100% or more of the national average unemployment rate for that same
time as published in the United States Department of Labor Bureau of Labor
Statistics publication entitled "The Employment Situation" or its successor
publication. For the purpose of this subsection, if unemployment rate
statistics for the municipality are not available, the unemployment rate in
the municipality shall be deemed to be the same as the unemployment rate in
the principal county in which the municipality is located.
(f) "Municipality" shall mean a city, village, incorporated town, or a township that is located in the unincorporated portion of a county with 3 million or more inhabitants, if the county adopted an ordinance that approved the township's redevelopment plan.
(g) "Initial Sales Tax Amounts" means the amount of taxes paid under
the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, the
Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act,
and the Municipal Service Occupation Tax Act by
retailers and servicemen on transactions at places located in a
State Sales Tax Boundary during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the amount of taxes paid
under the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, the
Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act,
and the Municipal Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
(h) "Municipal Sales Tax Increment" means an amount equal to the
increase in the aggregate amount of taxes paid to a municipality from the
Local Government Tax Fund arising from sales by retailers and servicemen
within the redevelopment project area or State Sales Tax Boundary, as
the case may be, for as long as the redevelopment project area or State
Sales Tax Boundary, as the case may be, exist over and above the aggregate
amount of taxes as certified by the Illinois Department of Revenue and paid
under the Municipal Retailers' Occupation Tax Act and the Municipal Service
Occupation Tax Act by retailers and servicemen, on transactions at places
of business located in the redevelopment project area or State Sales Tax
Boundary, as the case may be, during the
base year which shall be the calendar year immediately prior to the year in
which the municipality adopted tax increment allocation financing. For
purposes of computing the aggregate amount of such taxes for base years
occurring prior to 1985, the Department of Revenue shall determine the
Initial Sales Tax Amounts for such taxes and deduct therefrom an amount
equal to 4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction of 12%.
The amount so determined shall be known as the "Adjusted Initial Sales Tax
Amounts". For purposes of determining the Municipal Sales Tax Increment,
the Department of Revenue shall for each period subtract from the amount
paid to the municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen on transactions
located in the redevelopment project area or the State Sales Tax Boundary,
as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service
Occupation Tax Act. For the State Fiscal Year 1989, this calculation shall
be made by utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation shall be made
by utilizing the period from January 1, 1988, until September 30, 1988, to
determine the tax amounts received from retailers and servicemen pursuant
to the Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate.
For the State Fiscal Year 1991, this calculation shall be made by utilizing
the period from October 1, 1988, to June 30, 1989, to determine the tax
amounts received from retailers and servicemen pursuant to the Municipal
Retailers' Occupation Tax and the Municipal Service Occupation Tax Act
which shall have deducted therefrom nine-twelfths of the
certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as appropriate. For every
State Fiscal Year thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax amounts received
which shall have deducted therefrom the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as the case may be.
(i) "Net State Sales Tax Increment" means the sum of the following: (a)
80% of the first $100,000 of State Sales Tax Increment annually generated
within a State Sales Tax Boundary; (b) 60% of the amount in excess of
$100,000 but not exceeding $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary; and (c) 40% of all amounts in
excess of $500,000 of State Sales Tax Increment annually generated within a
State Sales Tax Boundary. If, however, a municipality established a tax
increment financing district in a county with a population in excess of
3,000,000 before January 1, 1986, and the municipality entered into a
contract or issued bonds after January 1, 1986, but before December 31, 1986,
to finance redevelopment project costs within a State Sales Tax
Boundary, then the Net State Sales Tax Increment means, for the fiscal years
beginning July 1, 1990, and July 1, 1991, 100% of the State Sales Tax
Increment annually generated within a State Sales Tax Boundary; and
notwithstanding any other provision of this Act, for those fiscal years the
Department of Revenue shall distribute to those municipalities 100% of
their Net State Sales Tax Increment before any distribution to any other
municipality and regardless of whether or not those other municipalities
will receive 100% of their Net State Sales Tax Increment. For Fiscal Year
1999, and every year thereafter until the year 2007, for any municipality
that has not entered into a contract or has not issued bonds prior to June
1, 1988 to finance redevelopment project costs within a State Sales Tax
Boundary, the Net State Sales Tax Increment shall be calculated as follows:
By multiplying the Net State Sales Tax Increment by 90% in the State Fiscal
Year 1999; 80% in the State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
payment shall be made for State Fiscal Year 2008 and thereafter.
Municipalities that issued bonds in connection with a redevelopment project
in a redevelopment project area within the State Sales Tax Boundary prior to
July 29, 1991,
or that entered into contracts in connection with a redevelopment project in
a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on which the
redevelopment project is completed or terminated.
If, however, a municipality that issued bonds in connection with a
redevelopment project in a redevelopment project area within the State Sales
Tax Boundary prior to July 29, 1991 retires the bonds prior to June 30, 2007 or
a municipality that entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988 completes the
contracts prior to June 30, 2007, then so long as the redevelopment project is
not
completed or is not terminated, the Net State Sales Tax Increment shall be
calculated, beginning on the date on which the bonds are retired or the
contracts are completed, as follows: By multiplying the Net State Sales Tax
Increment by 60% in the State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No payment shall be made for State Fiscal Year
2008 and thereafter.
Refunding of any bonds issued
prior to July 29, 1991, shall not alter the Net State Sales Tax Increment.
(j) "State Utility Tax Increment Amount" means an amount equal to the
aggregate increase in State electric and gas tax charges imposed on owners
and tenants, other than residential customers, of properties located within
the redevelopment project area under Section 9-222 of the Public Utilities
Act, over and above the aggregate of such charges as certified by the
Department of Revenue and paid by owners and tenants, other than
residential customers, of properties within the redevelopment project area
during the base year, which shall be the calendar year immediately prior to
the year of the adoption of the ordinance authorizing tax increment allocation
financing.
(k) "Net State Utility Tax Increment" means the sum of the following:
(a) 80% of the first $100,000 of State Utility Tax Increment annually
generated by a redevelopment project area; (b) 60% of the amount in excess
of $100,000 but not exceeding $500,000 of the State Utility Tax Increment
annually generated by a redevelopment project area; and (c) 40% of all
amounts in excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State Fiscal Year 1999,
and every year thereafter until the year 2007, for any municipality that
has not entered into a contract or has not issued bonds prior to June 1,
1988 to finance redevelopment project costs within a redevelopment project
area, the Net State Utility Tax Increment shall be calculated as follows:
By multiplying the Net State Utility Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the State
Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. No payment shall be made for the State Fiscal Year 2008
and thereafter.
Municipalities that issue bonds in connection with the redevelopment project
during the period from June 1, 1988 until 3 years after the effective date
of this Amendatory Act of 1988 shall receive the Net State Utility Tax
Increment, subject to appropriation, for 15 State Fiscal Years after the
issuance of such bonds. For the 16th through the 20th State Fiscal Years
after issuance of the bonds, the Net State Utility Tax Increment shall be
calculated as follows: By multiplying the Net State Utility Tax Increment
by 90% in year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in year 20. Refunding of any bonds issued prior to June 1, 1988, shall not
alter the revised Net State Utility Tax Increment payments set forth above.
(l) "Obligations" mean bonds, loans, debentures, notes, special certificates
or other evidence of indebtedness issued by the municipality to carry out
a redevelopment project or to refund outstanding obligations.
(m) "Payment in lieu of taxes" means those estimated tax revenues from
real property in a redevelopment project area derived from real property that
has been acquired by a municipality
which according to the redevelopment project or plan is to be used for a
private use which taxing districts would have received had a municipality
not acquired the real property and adopted tax increment allocation
financing and which would result from
levies made after the time of the adoption of tax increment allocation
financing to the time the current equalized value of real property in the
redevelopment project area exceeds the total initial equalized value of
real property in said area.
(n) "Redevelopment plan" means the comprehensive program of
the municipality for development or redevelopment intended by the payment of
redevelopment project costs to reduce or eliminate those conditions the
existence of which qualified the redevelopment project area as
a "blighted
area" or "conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of the taxing
districts which extend into the redevelopment project area, provided that, with respect to redevelopment project areas described in subsections (p-1) and (p-2), "redevelopment plan" means the comprehensive program of the affected municipality for the development of qualifying transit facilities.
On and after November 1, 1999 (the effective date of
Public Act 91-478), no
redevelopment plan may be approved or amended that includes the development of
vacant land (i) with a golf course and related clubhouse and other facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
Each
redevelopment plan shall set forth in writing the program to be undertaken
to accomplish the objectives and shall include but not be limited to:
(A) an itemized list of estimated redevelopment | ||
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(B) evidence indicating that the redevelopment | ||
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(C) an assessment of any financial impact of the | ||
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(D) the sources of funds to pay costs;
(E) the nature and term of the obligations to be | ||
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(F) the most recent equalized assessed valuation of | ||
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(G) an estimate as to the equalized assessed | ||
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(H) a commitment to fair employment practices and an | ||
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(I) if it concerns an industrial park conservation | ||
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(J) if property is to be annexed to the municipality, | ||
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The provisions of items (B) and (C) of this subsection (n) shall not apply to
a municipality that before March 14, 1994 (the effective date of Public Act
88-537) had fixed, either by its
corporate authorities or by a commission designated under subsection (k) of
Section 11-74.4-4, a time and place for a public hearing as required by
subsection (a) of Section 11-74.4-5.
No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:
(1) The municipality finds that the redevelopment | ||
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(2) The municipality finds that the redevelopment | ||
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(3) The redevelopment plan establishes the estimated | ||
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A municipality may by municipal ordinance amend an | ||
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(3.5) The municipality finds, in the case of an | ||
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(4) If any incremental revenues are being utilized | ||
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(5) If: (a) the redevelopment plan will not result in | ||
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Part I of the housing impact study shall include (i) | ||
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Part II of the housing impact study shall identify | ||
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(6) On and after November 1, 1999, the housing impact | ||
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(7) On and after November 1, 1999, no redevelopment | ||
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(8) On and after November 1, 1999, if, after the | ||
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(9) For redevelopment project areas designated prior | ||
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(o) "Redevelopment project" means any public and private development project
in furtherance of the objectives of a redevelopment plan.
On and after November 1, 1999 (the effective date of Public Act 91-478), no
redevelopment plan may be approved or amended that includes the development
of vacant land (i) with a golf course and related clubhouse and other
facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
(p) "Redevelopment project area" means an area designated by
the
municipality, which is not less in the aggregate than 1 1/2 acres and in
respect to which the municipality has made a finding that there exist
conditions which cause the area to be classified as an industrial park
conservation area or a blighted area or a conservation area, or a
combination of both blighted areas and conservation areas.
(p-1) Notwithstanding any provision of this Act to the contrary, on and after August 25, 2009 (the effective date of Public Act 96-680), a redevelopment project area may include areas within a one-half mile radius of an existing or proposed Regional Transportation Authority Suburban Transit Access Route (STAR Line) station without a finding that the area is classified as an industrial park conservation area, a blighted area, a conservation area, or a combination thereof, but only if the municipality receives unanimous consent from the joint review board created to review the proposed redevelopment project area. (p-2) Notwithstanding any provision of this Act to the contrary, on and after the effective date of this amendatory Act of the 99th General Assembly, a redevelopment project area may include areas within a transit facility improvement area that has been established pursuant to Section 11-74.4-3.3 without a finding that the area is classified as an industrial park conservation area, a blighted area, a conservation area, or any combination thereof. (q) "Redevelopment project costs", except for redevelopment project areas created pursuant to subsection (p-1) or (p-2), means and includes the sum total of all
reasonable or necessary costs incurred or estimated to be incurred, and
any such costs incidental to a redevelopment plan and a redevelopment
project. Such costs include, without limitation, the following:
(1) Costs of studies, surveys, development of plans, | ||
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(1.5) After July 1, 1999, annual administrative costs | ||
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(1.6) The cost of marketing sites within the | ||
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(2) Property assembly costs, including but not | ||
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(3) Costs of rehabilitation, reconstruction or repair | ||
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(4) Costs of the construction of public works or | ||
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(5) Costs of job training and retraining projects, | ||
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(6) Financing costs, including but not limited to all | ||
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(7) To the extent the municipality by written | ||
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(7.5) For redevelopment project areas designated (or | ||
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(A) for foundation districts, excluding any | ||
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(i) for unit school districts with a district | ||
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(ii) for elementary school districts with a | ||
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(iii) for secondary school districts with a | ||
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(B) For alternate method districts, flat grant | ||
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(i) for unit school districts, no more than | ||
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(ii) for elementary school districts, no more | ||
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(iii) for secondary school districts, no more | ||
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(C) For any school district in a municipality | ||
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(i) no increased costs shall be reimbursed | ||
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(ii) the amount reimbursable shall be reduced | ||
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(iii) the amount reimbursed may not affect | ||
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Any school district seeking payment under this | ||
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(7.7) For redevelopment project areas designated (or | ||
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The amount paid to a library district under this | ||
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A library district is not eligible for any payment | ||
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Any library district seeking payment under this | ||
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(8) Relocation costs to the extent that a | ||
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(9) Payment in lieu of taxes;
(10) Costs of job training, retraining, advanced | ||
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(11) Interest cost incurred by a redeveloper related | ||
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(A) such costs are to be paid directly from the | ||
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(B) such payments in any one year may not exceed | ||
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(C) if there are not sufficient funds available | ||
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(D) the total of such interest payments paid | ||
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(E) the cost limits set forth in subparagraphs | ||
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(F) instead of the eligible costs provided by | ||
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The eligible costs provided under this | ||
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(11.5) If the redevelopment project area is located | ||
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(12) Costs relating to the development of urban | ||
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Unless explicitly stated herein the cost of construction of new
privately-owned buildings shall not be an eligible redevelopment project cost.
After November 1, 1999 (the effective date of Public Act
91-478), none of
the
redevelopment project costs enumerated in this subsection shall be eligible
redevelopment project costs if those costs would provide direct financial
support to a
retail entity initiating operations in the
redevelopment project area while
terminating operations at another Illinois location within 10 miles of the
redevelopment project area but outside the boundaries of the redevelopment
project area municipality. For
purposes of this paragraph, termination means a
closing of a retail operation that is directly related to the opening of the
same operation or like retail entity owned or operated by more than 50% of the
original ownership in a redevelopment project area, but
it does not mean
closing an operation for reasons beyond the control of the
retail entity, as
documented by the retail entity, subject to a reasonable finding by the
municipality that the current location contained inadequate space, had become
economically obsolete, or was no longer a viable location for the retailer or
serviceman.
No cost shall be a redevelopment project cost in a redevelopment project area if used to demolish, remove, or substantially modify a historic resource, after August 26, 2008 (the effective date of Public Act 95-934), unless no prudent and feasible alternative exists. "Historic resource" for the purpose of this paragraph means (i) a place or structure that is included or eligible for inclusion on the National Register of Historic Places or (ii) a contributing structure in a district on the National Register of Historic Places. This paragraph does not apply to a place or structure for which demolition, removal, or modification is subject to review by the preservation agency of a Certified Local Government designated as such by the National Park Service of the United States Department of the Interior. If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax Law, then any
tax increment revenues derived
from the tax imposed pursuant to the Special Service Area Tax Act or Special
Service Area Tax Law may
be used within the redevelopment project area for the purposes permitted by
that Act or Law as well as the purposes permitted by this Act.
(q-1) For redevelopment project areas created pursuant to subsection (p-1), redevelopment project costs are limited to those costs in paragraph (q) that are related to the existing or proposed Regional Transportation Authority Suburban Transit Access Route (STAR Line) station. (q-2) For a transit facility improvement area established prior to, on, or after the effective date of this amendatory Act of the 102nd General Assembly: (i) "redevelopment project costs" means those costs described in subsection (q) that are related to the construction, reconstruction, rehabilitation, remodeling, or repair of any existing or proposed transit facility, whether that facility is located within or outside the boundaries of a redevelopment project area established within that transit facility improvement area (and, to the extent a redevelopment project cost is described in subsection (q) as incurred or estimated to be incurred with respect to a redevelopment project area, then it shall apply with respect to such transit facility improvement area); and (ii) the provisions of Section 11-74.4-8 regarding tax increment allocation financing for a redevelopment project area located in a transit facility improvement area shall apply only to the lots, blocks, tracts and parcels of real property that are located within the boundaries of that redevelopment project area and not to the lots, blocks, tracts, and parcels of real property that are located outside the boundaries of that redevelopment project area. (r) "State Sales Tax Boundary" means the redevelopment project area or
the amended redevelopment project area boundaries which are determined
pursuant to subsection (9) of Section 11-74.4-8a of this
Act. The Department of Revenue shall certify pursuant to subsection (9) of
Section 11-74.4-8a the appropriate boundaries eligible for the
determination of State Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to the increase
in the aggregate amount of taxes paid by retailers and servicemen, other
than retailers and servicemen subject to the Public Utilities Act,
on transactions at places of business located within a State Sales Tax
Boundary pursuant to the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act, and the Service Occupation Tax Act, except such
portion of such increase that is paid into the State and Local Sales Tax
Reform Fund, the Local Government Distributive Fund, the Local
Government Tax Fund and the County and Mass Transit District Fund, for as
long as State participation exists, over and above the Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts for such taxes as certified by the Department of Revenue and
paid under those Acts by retailers and servicemen on transactions at places
of business located within the State Sales Tax Boundary during the base
year which shall be the calendar year immediately prior to the year in
which the municipality adopted tax increment allocation financing, less
3.0% of such amounts generated under the Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax Act and the Service Occupation Tax Act, which
sum shall be appropriated to the Department of Revenue to cover its costs
of administering and enforcing this Section. For purposes of computing the
aggregate amount of such taxes for base years occurring prior to 1985, the
Department of Revenue shall compute the Initial Sales Tax Amount for such
taxes and deduct therefrom an amount equal to 4% of the aggregate amount of
taxes per year for each year the base year is prior to 1985, but not to
exceed a total deduction of 12%. The amount so determined shall be known
as the "Adjusted Initial Sales Tax Amount". For purposes of determining the
State Sales Tax Increment the Department of Revenue shall for each period
subtract from the tax amounts received from retailers and servicemen on
transactions located in the State Sales Tax Boundary, the certified Initial
Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act and the Service Occupation Tax Act. For the State
Fiscal Year 1989 this calculation shall be made by utilizing the calendar
year 1987 to determine the tax amounts received. For the State Fiscal Year
1990, this calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax amounts received
from retailers and servicemen, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate.
For the State Fiscal Year 1991, this calculation shall be made by utilizing
the period from October 1, 1988, until June 30, 1989, to determine the tax
amounts received from retailers and servicemen, which shall have
deducted therefrom nine-twelfths of the certified Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For every State Fiscal Year thereafter, the
applicable period shall be the 12 months beginning July 1 and ending on
June 30, to determine the tax amounts received which shall have deducted
therefrom the certified Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts. Municipalities
intending to receive a distribution of State Sales Tax Increment must
report a list of retailers to the Department of Revenue by October 31, 1988
and by July 31, of each year thereafter.
(t) "Taxing districts" means counties, townships, cities and incorporated
towns and villages, school, road, park, sanitary, mosquito abatement, forest
preserve, public health, fire protection, river conservancy, tuberculosis
sanitarium and any other municipal corporations or districts with the power
to levy taxes.
(u) "Taxing districts' capital costs" means those costs of taxing districts
for capital improvements that are found by the municipal corporate authorities
to be necessary and directly result from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant
land" means any parcel or combination of parcels of real property without
industrial, commercial, and residential buildings which has not been used
for commercial agricultural purposes within 5 years prior to the
designation of the redevelopment project area, unless the parcel
is included in an industrial park conservation area or the parcel has
been subdivided; provided that if the parcel was part of a larger tract that
has been divided into 3 or more smaller tracts that were accepted for
recording during the period from 1950 to 1990, then the parcel shall be deemed
to have been subdivided, and all proceedings and actions of the municipality
taken in that connection with respect to any previously approved or designated
redevelopment project area or amended redevelopment project area are hereby
validated and hereby declared to be legally sufficient for all purposes of this
Act.
For purposes of this Section and only for land subject to
the subdivision requirements of the Plat Act, land is subdivided when the
original plat of
the proposed Redevelopment Project Area or relevant portion thereof has
been
properly certified, acknowledged, approved, and recorded or filed in accordance
with the Plat Act and a preliminary plat, if any, for any subsequent phases of
the
proposed Redevelopment Project Area or relevant portion thereof has been
properly approved and filed in accordance with the applicable ordinance of the
municipality.
(w) "Annual Total Increment" means the sum of each municipality's
annual Net Sales Tax Increment and each municipality's annual Net Utility
Tax Increment. The ratio of the Annual Total Increment of each
municipality to the Annual Total Increment for all municipalities, as most
recently calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to each
municipality.
(x) "LEED certified" means any certification level of construction elements by a qualified Leadership in Energy and Environmental Design Accredited Professional as determined by the U.S. Green Building Council. (y) "Green Globes certified" means any certification level of construction elements by a qualified Green Globes Professional as determined by the Green Building Initiative.(Source: P.A. 102-627, eff. 8-27-21.) |
(65 ILCS 5/11-74.4-3.1)
Sec. 11-74.4-3.1. Redevelopment project area within an intermodal terminal facility area. (a) Notwithstanding any other provision of law to the contrary, if a municipality designates an area within the territorial limits of the municipality as an intermodal terminal facility area, then that municipality may establish a redevelopment project area within the intermodal terminal facility area for the purpose of developing new intermodal terminal facilities, rehabilitating obsolete intermodal terminal facilities, or both. If there is no existing intermodal terminal facility within the redevelopment project area, then the municipality must establish a new intermodal terminal facility within the redevelopment project area. If there is an obsolete intermodal terminal facility within the redevelopment project area, then the municipality may establish a new intermodal terminal facility, rehabilitate the existing intermodal terminal facility for use as an intermodal terminal facility or for any other commercial purpose, or both. (b) For purposes of this Division, an intermodal terminal facility area is deemed to be a blighted area and no proof of blight need be shown in establishing a redevelopment project area in accordance with this Section.
(c) As used in this Section: "Intermodal terminal facility area" means an area that: (i) does not include any existing intermodal terminal facility or includes an obsolete intermodal terminal facility; (ii) comprises a minimum of 150 acres and not more than 2 square miles in total area, exclusive of lakes and waterways; (iii) has at least one Class 1 railroad right-of-way located within it or within one quarter mile of it; and (iv) has no boundary limit further than 3 miles from the right-of-way. "Intermodal terminal facility" means land, improvements to land, equipment, and appliances necessary for the receipt and transfer of goods between one mode of transportation and another, at least one of which must be transportation by rail.
(Source: P.A. 94-546, eff. 1-1-06.) |
(65 ILCS 5/11-74.4-3.3) Sec. 11-74.4-3.3. Redevelopment project area within a transit facility improvement area. (a) As used in this Section: "Redevelopment project area" means the area identified in: the Chicago Union Station Master Plan; the Chicago Transit Authority's Red and Purple Modernization Program; the Chicago Transit Authority's Red Line Extension Program; and the Chicago Transit Authority's Blue Line Modernization and Extension Program, each as may be amended from time to time after the effective date of this amendatory Act of the 99th General Assembly, and, in each case, regardless of whether all of the parcels of real property included in the redevelopment project area are adjacent to one another. "Transit" means any one or more of the following transportation services provided to passengers: inter-city passenger rail service; commuter rail service; and urban mass transit rail service, whether elevated, underground, or running at grade, and whether provided through rolling stock generally referred to as heavy rail or light rail. "Transit facility" means an existing or proposed transit passenger station, an existing or proposed transit maintenance, storage or service facility, or an existing or proposed right of way for use in providing transit services. "Transit facility improvement area" means an area whose boundaries are no more than one-half mile in any direction from the location of a transit passenger station, or the existing or proposed right of way of transit facility, as applicable; provided that the length of any existing or proposed right of way or a transit passenger station included in any transit facility improvement area shall not exceed: 9 miles for the Chicago Transit Authority's Blue Line Modernization and Extension Program; 17 miles for the Chicago Transit Authority's Red and Purple Modernization Program (running from Madison Street North to Linden Avenue); and 20 miles for the Chicago Transit Authority's Red Line Extension Program (running from Madison Street South to 134th Street (as extended)). (b) Notwithstanding any other provision of law to the contrary, if the corporate authorities of a municipality designate an area within the territorial limits of the municipality as a transit facility improvement area, then that municipality may establish one or more redevelopment project areas within that transit facility improvement area for the purpose of developing new transit facilities, expanding or rehabilitating existing transit facilities, or both, within that transit facility improvement area. With respect to a transit facility whose right of way is located in more than one municipality, each municipality may designate an area within its territorial limits as a transit facility improvement area and may establish a redevelopment project area for each of the qualifying projects identified in subsection (a) of this Section.
Notwithstanding any other provision of law, on and after the effective date of this amendatory Act of the 102nd General Assembly, the following provisions apply to transit facility improvement areas, and to redevelopment project areas located in a transit facility improvement area, established prior to, on, or after the effective date of this amendatory Act of the 102nd General Assembly: (1) A redevelopment project area established within a | ||
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(2) Item (1) applies through and including the | ||
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(Source: P.A. 102-627, eff. 8-27-21.) |
(65 ILCS 5/11-74.4-3.5) Sec. 11-74.4-3.5. Completion dates for redevelopment projects. (a) Unless otherwise stated in this Section, the estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer, as provided in subsection (b) of Section 11-74.4-8 of this Act, is to be made with respect to ad valorem taxes levied in the 23rd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on or after January 15, 1981. (a-5) If the redevelopment project area is located within a transit facility improvement area established pursuant to Section 11-74.4-3, the estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer, as provided in subsection (b) of Section 11-74.4-8 of this Act, is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted. (a-7) A municipality may adopt tax increment financing for a redevelopment project area located in a transit facility improvement area that also includes real property located within an existing redevelopment project area established prior to August 12, 2016 (the effective date of Public Act 99-792). In such case: (i) the provisions of this Division shall apply with respect to the previously established redevelopment project area until the municipality adopts, as required in accordance with applicable provisions of this Division, an ordinance dissolving the special tax allocation fund for such redevelopment project area and terminating the designation of such redevelopment project area as a redevelopment project area; and (ii) after the effective date of the ordinance described in (i), the provisions of this Division shall apply with respect to the subsequently established redevelopment project area located in a transit facility improvement area. (b) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 32nd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on September 9, 1999 by the Village of Downs. The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 33rd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on May 20, 1985 by the Village of Wheeling. The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 28th calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on October 12, 1989 by the City of Lawrenceville. (b-5) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 32nd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on April 19, 2004 by the Village of Tremont. (c) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted: (1) If the ordinance was adopted before January 15, | ||
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(2) If the ordinance was adopted in December 1983, | ||
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(3) If the ordinance was adopted in December 1987 and | ||
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(4) If the ordinance was adopted before January 1, | ||
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(5) If the municipality is subject to the Local | ||
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(6) If the ordinance was adopted in December 1984 by | ||
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(7) If the ordinance was adopted on December 31, 1986 | ||
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(8) If the ordinance was adopted on October 5, 1982 | ||
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(9) If the ordinance was adopted on November 12, 1991 | ||
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(10) If the ordinance was adopted on February 11, | ||
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(11) If the ordinance was adopted before December 18, | ||
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(12) If the ordinance was adopted in September 1988 | ||
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(13) If the ordinance was adopted in October 1993 by | ||
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(14) If the ordinance was adopted on December 29, | ||
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(15) If the ordinance was adopted in March 1991 by | ||
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(16) If the ordinance was adopted on January 23, 1991 | ||
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(17) If the ordinance was adopted on December 22, | ||
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(18) If the ordinance was adopted on February 5, 1990 | ||
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(19) If the ordinance was adopted on September 6, | ||
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(20) If the ordinance was adopted on December 22, | ||
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(21) If the ordinance was adopted on December 23, | ||
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(22) If the ordinance was adopted on December 23, | ||
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(23) If the ordinance was adopted on April 27, 1981, | ||
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(24) If the ordinance was adopted on December 29, | ||
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(25) If the ordinance was adopted on September 14, | ||
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(26) If the ordinance was adopted on November 11, | ||
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(27) If the ordinance was adopted on November 5, 1984 | ||
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(28) If the ordinance was adopted on April 3, 1991 or | ||
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(29) If the ordinance was adopted on November 11, | ||
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(30) If the ordinance was adopted on December 15, | ||
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(31) If the ordinance was adopted on December 15, | ||
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(32) If the ordinance was adopted on December 15, | ||
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(33) If the ordinance was adopted on February 24, | ||
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(34) If the ordinance was adopted on March 16, 1995 | ||
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(35) If the ordinance was adopted on December 23, | ||
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(36) If the ordinance was adopted on December 30, | ||
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(37) If the ordinance was adopted on May 9, 1991 by | ||
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(38) If the ordinance was adopted on October 20, 1986 | ||
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(39) If the ordinance was adopted on January 19, 1988 | ||
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(40) If the ordinance was adopted on September 21, | ||
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(41) If the ordinance was adopted on December 31, | ||
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(42) If the ordinance was adopted on December 23, | ||
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(43) If the ordinance was adopted on December 31, | ||
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(44) If the ordinance was adopted on July 28, 1987 by | ||
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(45) If the ordinance was adopted on April 23, 1990 | ||
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(46) If the ordinance was adopted on August 20, 1985 | ||
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(47) If the ordinance was adopted on February 2, 1998 | ||
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(48) If the ordinance was adopted on April 20, 1993 | ||
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(49) If the ordinance was adopted on July 1, 1986 by | ||
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(50) If the ordinance was adopted on February 2, 1989 | ||
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(51) If the ordinance was adopted on December 29, | ||
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(52) If the ordinance was adopted on July 14, 1999 by | ||
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(53) If the ordinance was adopted on November 17, | ||
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(54) If the ordinance was adopted on November 20, | ||
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(55) If the ordinance was adopted on July 14, 1992 by | ||
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(56) If the ordinance was adopted on December 29, | ||
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(57) If the ordinance was adopted on April 1, 1985 by | ||
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(58) If the ordinance was adopted on May 21, 1990 by | ||
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(59) If the ordinance was adopted on December 16, | ||
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(60) If the ordinance was adopted in 1999 by the City | ||
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(61) If the ordinance was adopted on January 13, 1987 | ||
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(62) If the ordinance was adopted on December 30, | ||
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(63) If the ordinance was adopted on April 3, 1989 by | ||
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(64) If the ordinance was adopted on January 6, 1999 | ||
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(65) If the ordinance was adopted on December 19, | ||
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(66) If the ordinance was adopted on December 22, | ||
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(67) If the ordinance was adopted on December 2, 1986 | ||
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(68) If the ordinance was adopted on December 31, | ||
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(69) If the ordinance was adopted on September 8, | ||
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(70) If the ordinance was adopted on December 23, | ||
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(71) If the ordinance was adopted on December 22, | ||
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(72) If the ordinance was adopted on September 17, | ||
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(73) If the ordinance was adopted on December 16, | ||
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(74) If the ordinance was adopted on June 11, 2002 by | ||
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(75) If the ordinance was adopted on June 11, 2002 by | ||
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(76) If the ordinance was adopted on August 7, 2000 | ||
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(77) If the ordinance was adopted on December 22, | ||
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(78) If the ordinance was adopted on December 29, | ||
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(79) If the ordinance was adopted on July 6, 1998 by | ||
| ||
(80) If the ordinance was adopted on December 29, | ||
| ||
(81) If the ordinance was adopted on December 29, | ||
| ||
(82) If the ordinance was adopted on November 6, 2002 | ||
| ||
(83) If the ordinance was adopted on November 4, 1998 | ||
| ||
(84) If the ordinance was adopted on June 10, 1998 by | ||
| ||
(85) If the ordinance was adopted on November 29, | ||
| ||
(86) If the ordinance was adopted on December 27, | ||
| ||
(87) If the ordinance was adopted on December 31, | ||
| ||
(88) If the ordinance was adopted on September 20, | ||
| ||
(89) If the ordinance was adopted on December 30, | ||
| ||
(90) If the ordinance was adopted on December 13, | ||
| ||
(91) If the ordinance was adopted on February 12, | ||
| ||
(92) If the ordinance was adopted on April 23, 2001 | ||
| ||
(93) If the ordinance was adopted on December 16, | ||
| ||
(94) If the ordinance was adopted on December 20, | ||
| ||
(95) If the ordinance was adopted on June 6, 1989 by | ||
| ||
(96) If the ordinance was adopted on October 14, 1993 | ||
| ||
(97) If the ordinance was adopted on June 1, 1994 by | ||
| ||
(98) If the ordinance was adopted on May 19, 1998 by | ||
| ||
(99) If the ordinance was adopted on November 12, | ||
| ||
(100) If the ordinance was adopted on December 20, | ||
| ||
(101) If the ordinance was adopted on October 27, | ||
| ||
(102) If the ordinance was adopted on May 21, 1991 by | ||
| ||
(103) If the ordinance was adopted on January 28, | ||
| ||
(104) If the ordinance was adopted on December 14, | ||
| ||
(105) If the ordinance was adopted on May 17, 2000, | ||
| ||
(106) If the ordinance was adopted on September 13, | ||
| ||
(107) If the ordinance was adopted on March 30, 1992 | ||
| ||
(108) If the ordinance was adopted on July 6, 1998 by | ||
| ||
(109) If the ordinance was adopted on December 16, | ||
| ||
(110) If the ordinance was adopted on April 28, 2003 | ||
| ||
(111) If the ordinance was adopted on December 18, | ||
| ||
(112) If the ordinance was adopted on February 28, | ||
| ||
(113) If the ordinance was adopted on January 11, | ||
| ||
(114) If the ordinance was adopted on July 24, 1991 | ||
| ||
(115) If the ordinance was adopted on December 4, | ||
| ||
(116) If the ordinance was adopted on July 1, 2002 by | ||
| ||
(117) If the ordinance was adopted on February 11, | ||
| ||
(118) If the ordinance was adopted on December 29, | ||
| ||
(119) If the ordinance was adopted on June 4, 1991 by | ||
| ||
(120) If the ordinance was adopted on February 10, | ||
| ||
(121) If the ordinance was adopted on December 22, | ||
| ||
(122) If the ordinance was adopted on February 10, | ||
| ||
(123) If the ordinance was adopted on March 15, 2004 | ||
| ||
(124) If the ordinance was adopted on March 18, 2002 | ||
| ||
(125) If the ordinance was adopted on September 23, | ||
| ||
(126) If the ordinance was adopted on May 8, 2013 by | ||
| ||
(127) If the ordinance was adopted on November 22, | ||
| ||
(128) If the ordinance was adopted on September 7, | ||
| ||
(129) If the ordinance was adopted on November 29, | ||
| ||
(130) If the ordinance was adopted on September 20, | ||
| ||
(131) If the ordinance was adopted on May 2, 2002 by | ||
| ||
(132) If the ordinance was adopted on October 27, | ||
| ||
(133) If the ordinance was adopted on December 23, | ||
| ||
(134) If the ordinance was adopted on May 4, 1998 by | ||
| ||
(135) If the ordinance was adopted on June 11, 2002 | ||
| ||
(136) If the ordinance was adopted on November 16, | ||
| ||
(137) If the ordinance was adopted on March 1, 2001 | ||
| ||
(138) If the ordinance was adopted on February 26, | ||
| ||
(139) If the ordinance was adopted on January 25, | ||
| ||
(140) If the ordinance was adopted on December 23, | ||
| ||
(141) If the ordinance was adopted on February 10, | ||
| ||
(142) If the ordinance was adopted on June 11, 2002 | ||
| ||
(143) If the ordinance was adopted on January 31, | ||
| ||
(144) If the ordinance was adopted on February 5, | ||
| ||
(145) If the ordinance was adopted on December 21, | ||
| ||
(146) If the ordinance was adopted on May 5, 2003 by | ||
| ||
(147) If the ordinance was adopted on June 2, 1998 by | ||
| ||
(148) If the ordinance was adopted on October 23, | ||
| ||
(149) If the ordinance was adopted on May 24, 2001 by | ||
| ||
(150) If the ordinance was adopted on May 30, 1995 by | ||
| ||
(151) If the ordinance was adopted on April 15, 1997 | ||
| ||
(152) If the ordinance was adopted on September 5, | ||
| ||
(153) If the ordinance was adopted on June 21, 1999 | ||
| ||
(154) If the ordinance was adopted on February 23, | ||
| ||
(155) If the ordinance was adopted on August 11, 1999 | ||
| ||
(156) If the ordinance was adopted on December 26, | ||
| ||
(157) If the ordinance was adopted on July 1, 1995 by | ||
| ||
(158) If the ordinance was adopted on January 30, | ||
| ||
(159) If the ordinance was adopted on February 2, | ||
| ||
(160) If the ordinance was adopted on July 2, 1996 by | ||
| ||
(161) If the ordinance was adopted on March 21, 2000 | ||
| ||
(162) If the ordinance was adopted on March 22, 2005 | ||
| ||
(163) If the ordinance was adopted on July 10, 1996 | ||
| ||
(164) If the ordinance was adopted on December 11, | ||
| ||
(165) If the ordinance was adopted on December 31, | ||
| ||
(166) If the ordinance was adopted on October 7, 1998 | ||
| ||
(167) If the ordinance was adopted on April 19, 1995 | ||
| ||
(168) If the ordinance was adopted on April 22, 1996 | ||
| ||
(169) If the ordinance was adopted on June 9, 2008 by | ||
| ||
(170) If the ordinance was adopted on July 3, 1996 by | ||
| ||
(171) If the ordinance was adopted on May 19, 1997 by | ||
| ||
(172) If the ordinance was adopted on August 13, 2001 | ||
| ||
(173) If the ordinance was adopted on January 10, | ||
| ||
(174) If the ordinance was adopted on January 28, | ||
| ||
(175) If the ordinance was adopted on January 28, | ||
| ||
(176) If the ordinance was adopted on May 3, 2001 by | ||
| ||
(177) If the ordinance was adopted on January 1, 1996 | ||
| ||
(178) If the ordinance was adopted on January 28, | ||
| ||
(179) If the ordinance was adopted on October 4, 1999 | ||
| ||
(180) If the ordinance was adopted on June 16, 2003 | ||
| ||
(181) If the ordinance was adopted on December 7, | ||
| ||
(182) If the ordinance was adopted on March 27, 1997 | ||
| ||
(183) If the ordinance was adopted on March 27, 1997 | ||
| ||
(184) If the ordinance was adopted on November 10, | ||
| ||
(185) If the ordinance was adopted on July 30, 1997 | ||
| ||
(186) If the ordinance was adopted on December 1, | ||
| ||
(187) If the ordinance was adopted on June 16, 1999 | ||
| ||
(188) If the ordinance was adopted on August 19, 1998 | ||
| ||
(189) If the ordinance was adopted on February 5, | ||
| ||
(190) If the ordinance was adopted on June 1, 1997 by | ||
| ||
(191) If the ordinance was adopted on August 17, 1999 | ||
| ||
(192) If the ordinance was adopted on June 13, 2005 | ||
| ||
(193) If the ordinance was adopted on March 25, 2008 | ||
| ||
(194) If the ordinance was adopted on February 22, | ||
| ||
(195) If the ordinance was adopted on November 21, | ||
| ||
(196) If the ordinance was adopted on January 28, | ||
| ||
(197) If the ordinance was adopted on February 4, | ||
| ||
(198) If the ordinance was adopted on August 17, 2005 | ||
| ||
(199) If the ordinance was adopted on July 16, 2014 | ||
| ||
(200) If the ordinance was adopted on July 16, 2014 | ||
| ||
(201) If the ordinance was adopted on July 16, 2014 | ||
| ||
(202) If the ordinance was adopted on September 17, | ||
| ||
(203) If the ordinance was adopted on September 17, | ||
| ||
(204) If the ordinance was adopted on September 17, | ||
| ||
(205) If the ordinance was adopted on September 17, | ||
| ||
(206) If the ordinance was adopted on June 26, 2007 | ||
| ||
(207) If the ordinance was adopted on October 28, | ||
| ||
(208) If the ordinance was adopted on April 4, 2000 | ||
| ||
(209) If the ordinance was adopted on July 8, 1998 by | ||
| ||
(210) If the ordinance was adopted on July 8, 1998 by | ||
| ||
(211) If the ordinance was adopted on November 4, | ||
| ||
(212) If the ordinance was adopted on February 5, | ||
| ||
(213) If the ordinance was adopted on December 8, | ||
| ||
(214) If the ordinance was adopted on July 17, 2000 | ||
| ||
(215) If the ordinance was adopted on December 27, | ||
| ||
(216) If the ordinance was adopted on June 10, 1998 | ||
| ||
(217) If the ordinance was adopted on December 2, | ||
| ||
(218) If the ordinance was adopted on June 10, 1998 | ||
| ||
(219) If the ordinance was adopted on January 14, | ||
| ||
(220) If the ordinance was adopted on June 9, 1999 by | ||
| ||
(221) If the ordinance was adopted on December 16, | ||
| ||
(222) If the ordinance was adopted on February 5, | ||
| ||
(223) If the ordinance was adopted on February 5, | ||
| ||
(224) If the ordinance was adopted on July 21, 1999 | ||
| ||
(225) If the ordinance was adopted on January 20, | ||
| ||
(226) If the ordinance was adopted on July 7, 1999 by | ||
| ||
(227) If the ordinance was adopted on November 4, | ||
| ||
(228) If the ordinance was adopted on August 12, 2003 | ||
| ||
(229) If the ordinance was adopted on March 7, 2000 | ||
| ||
(230) If the ordinance was adopted on August 3, 2001 | ||
| ||
(231) If the ordinance was adopted on August 22, 2011 | ||
| ||
(232) If the ordinance was adopted on April 8, 1999 | ||
| ||
(233) If the ordinance was adopted on August 4, 1999 | ||
| ||
(234) If the ordinance was adopted on October 2, 1999 | ||
| ||
(235) If the ordinance was adopted December 16, 1999 | ||
| ||
(236) If the ordinance was adopted on December 13, | ||
| ||
(237) If the ordinance was adopted on September 29, | ||
| ||
(238) If the ordinance was adopted on November 12, | ||
| ||
(239) If the ordinance was adopted on July 7, 1999 by | ||
| ||
(240) If the ordinance was adopted on September 29, | ||
| ||
(241) If the ordinance was adopted on April 12, 2000 | ||
| ||
(242) If the ordinance was adopted on January 9, 2002 | ||
| ||
(243) If the ordinance was adopted on May 23, 2000 by | ||
| ||
(244) If the ordinance was adopted on October 9, 2001 | ||
| ||
(245) If the ordinance was adopted on September 19, | ||
| ||
(246) If the ordinance was adopted on April 15, 2002 | ||
| ||
(247) If the ordinance was adopted on February 15, | ||
| ||
(248) If the ordinance was adopted on December 19, | ||
| ||
(249) If the ordinance was adopted on July 24, 2000 | ||
| ||
(250) If the ordinance was adopted on February 5, | ||
| ||
(251) If the ordinance was adopted on November 20, | ||
| ||
(252) If the ordinance was adopted on February 16, | ||
| ||
(253) If the ordinance was adopted on October 23, | ||
| ||
(254) If the ordinance was adopted on February 22, | ||
| ||
(255) If the ordinance was adopted on February 6, | ||
| ||
(256) If the ordinance was adopted on June 27, 2001 | ||
| ||
(257) If the ordinance was adopted on May 17, 2000 by | ||
| ||
(258) If the ordinance was adopted on March 10, 1999 | ||
| ||
(259) If the ordinance was adopted on February 16, | ||
| ||
(260) If the ordinance was adopted on November 3, | ||
| ||
(261) If the ordinance was adopted on September 3, | ||
| ||
(262) If the ordinance was adopted on October 16, | ||
| ||
(263) If the ordinance was adopted on September 8, | ||
| ||
(264) If the ordinance was adopted on August 13, 2002 | ||
| ||
(265) If the ordinance was adopted on August 29, 2006 | ||
| ||
(266) If the ordinance was adopted on June 27, 2006 | ||
| ||
(267) If the ordinance was adopted on March 5, 2001 | ||
| ||
(268) If the ordinance was adopted on January 23, | ||
| ||
(269) If the ordinance was adopted on June 16, 2008 | ||
| ||
(270) If the ordinance was adopted on January 3, 2012 | ||
| ||
(271) If the ordinance was adopted on January 1, 2000 | ||
| ||
(272) If the ordinance was adopted on June 27, 2001 | ||
| ||
(273) If the ordinance was adopted on December 13, | ||
| ||
(274) If the ordinance was adopted on October 15, | ||
| ||
(275) If the ordinance was adopted on October 22, | ||
| ||
(276) If the ordinance was adopted on November 12, | ||
| ||
(d) For redevelopment project areas for which bonds were issued before July 29, 1991, or for which contracts were entered into before June 1, 1988, in connection with a redevelopment project in the area within the State Sales Tax Boundary, the estimated dates of completion of the redevelopment project and retirement of obligations to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may be extended by municipal ordinance to December 31, 2013. The termination procedures of subsection (b) of Section 11-74.4-8 are not required for these redevelopment project areas in 2009 but are required in 2013. The extension allowed by Public Act 87-1272 shall not apply to real property tax increment allocation financing under Section 11-74.4-8. (e) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were adopted on or after December 16, 1986 and for which at least $8 million worth of municipal bonds were authorized on or after December 19, 1989 but before January 1, 1990; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance. (f) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were established on or after December 1, 1981 but before January 1, 1982 and for which at least $1,500,000 worth of tax increment revenue bonds were authorized on or after September 30, 1990 but before July 1, 1991; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance. (f-1) (Blank). (f-2) (Blank). (f-3) (Blank). (f-5) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 47 years for redevelopment project areas listed in this subsection; provided that (i) the municipality adopts an ordinance extending the life of the redevelopment project area to 47 years and (ii) the municipality provides notice to the taxing bodies that would otherwise constitute the joint review board for the redevelopment project area not more than 30 and not less than 14 days prior to the adoption of that ordinance: (1) If the redevelopment project area was established | ||
| ||
(2) If the redevelopment project area was established | ||
| ||
(3) If the redevelopment project area was established | ||
| ||
(4) If the redevelopment project area was established | ||
| ||
(5) If the redevelopment project area was established | ||
| ||
(6) If the redevelopment project area was established | ||
| ||
(7) If the redevelopment project area was established | ||
| ||
(8) If the redevelopment project area was established | ||
| ||
(9) If the redevelopment project area was established | ||
| ||
(10) If the redevelopment project area was | ||
| ||
(11) If the redevelopment project area was | ||
| ||
(12) If the redevelopment project area was | ||
| ||
(13) If the redevelopment project area was | ||
| ||
(14) If the ordinance was adopted on April 3, 1989 by | ||
| ||
(15) If the redevelopment project area was | ||
| ||
(16) If the redevelopment project area was | ||
| ||
(17) If the redevelopment project area was | ||
| ||
(18) If the redevelopment project area was | ||
| ||
(19) If the redevelopment project area was | ||
| ||
(20) If the redevelopment project area was | ||
| ||
(21) If the redevelopment project area was | ||
| ||
(22) If the redevelopment project area was | ||
| ||
(23) If the redevelopment project area was | ||
| ||
(24) If the redevelopment project area was | ||
| ||
(g) In consolidating the material relating to completion dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, it is not the intent of the General Assembly to make any substantive change in the law, except for the extension of the completion dates for the City of Aurora, the Village of Milan, the City of West Frankfort, the Village of Libertyville, and the Village of Hoffman Estates set forth under items (67), (68), (69), (70), and (71) of subsection (c) of this Section. (Source: P.A. 102-117, eff. 7-23-21; 102-424, eff. 8-20-21; 102-425, eff. 8-20-21; 102-446, eff. 8-20-21; 102-473, eff. 8-20-21; 102-627, eff. 8-27-21; 102-675, eff. 11-30-21; 102-745, eff. 5-6-22; 102-818, eff. 5-13-22; 102-1113, eff. 12-21-22; 103-315, eff. 7-28-23; 103-575, eff. 12-8-23; 103-1016, eff. 8-9-24.) |
(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties; redevelopment project
areas. The changes made by this amendatory Act of the 91st General Assembly
do not apply to a municipality that, (i) before the effective date of this
amendatory Act of the 91st General Assembly, has adopted an ordinance or
resolution fixing a time and place for a
public hearing under Section 11-74.4-5 or (ii) before July 1, 1999, has
adopted an ordinance or resolution providing for a feasibility study under
Section 11-74.4-4.1, but has not yet adopted an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under this Section, until after that
municipality adopts an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under this Section; thereafter the changes made by
this amendatory Act of the 91st General Assembly apply to the same extent that
they apply to
redevelopment plans and redevelopment projects that were approved and
redevelopment projects that were designated before the effective date of this
amendatory Act of the 91st General Assembly.
A municipality may: (a) By ordinance introduced in the governing body of | ||
| ||
The changes made by this amendatory Act of the 102nd | ||
| ||
(b) Make and enter into all contracts with property | ||
| ||
(c) Within a redevelopment project area, acquire by | ||
| ||
(d) Within a redevelopment project area, clear any | ||
| ||
(e) Within a redevelopment project area, renovate or | ||
| ||
(f) Install, repair, construct, reconstruct or | ||
| ||
(g) Within a redevelopment project area, fix, charge | ||
| ||
(h) Accept grants, guarantees and donations of | ||
| ||
(i) Acquire and construct public facilities within a | ||
| ||
(j) Incur project redevelopment costs and reimburse | ||
| ||
(k) Create a commission of not less than 5 or more | ||
| ||
(l) Make payment in lieu of taxes or a portion | ||
| ||
(m) Exercise any and all other powers necessary to | ||
| ||
(n) If any member of the corporate authority, a | ||
| ||
(o) Create a Tax Increment Economic Development | ||
| ||
(p) Municipalities may jointly undertake and perform | ||
| ||
(q) Utilize revenues, other than State sales tax | ||
| ||
(i) contiguous to the redevelopment project area | ||
| ||
(ii) separated only by a public right of way from | ||
| ||
(iii) separated only by forest preserve property | ||
| ||
Utilize tax increment revenues for eligible costs | ||
| ||
(r) If no redevelopment project has been initiated in | ||
| ||
Notwithstanding any other provision of this Section | ||
| ||
(s) The various powers and duties described in this | ||
| ||
(Source: P.A. 102-627, eff. 8-27-21; 102-818, eff. 5-13-22.)
|
(65 ILCS 5/11-74.4-4.1)
Sec. 11-74.4-4.1.
Feasibility study.
(a) If a municipality by its corporate authorities, or as it
may determine by any commission designated under
subsection (k) of Section 11-74.4-4, adopts an ordinance or resolution
providing
for a feasibility study on the designation of an area as a redevelopment
project area, a copy
of the ordinance or resolution shall immediately be sent to all taxing
districts that would be affected by the designation.
On and after the effective date of this amendatory Act of the 91st General
Assembly, the
ordinance
or resolution shall include:
(1) The boundaries of the area to be studied for | ||
| ||
(2) The purpose or purposes of the proposed | ||
| ||
(3) A general description of tax increment allocation | ||
| ||
(4) The name, phone number, and address of the | ||
| ||
(b) If one of the purposes of the planned redevelopment project area should
reasonably be expected to
result in the displacement of
residents from 10 or more
inhabited residential units, the
municipality shall adopt a resolution or ordinance providing for the
feasibility
study described in subsection (a). The ordinance or resolution shall also
require that the feasibility study include the preparation of the housing
impact study set forth in paragraph (5) of subsection (n) of Section 11-74.4-3.
If the redevelopment plan will not result in displacement of
residents
from 10 or more inhabited residential units, and the municipality
certifies in the plan that
such displacement will not result from the plan, then a resolution or
ordinance need not
be adopted.
(c) As used in this Section, "feasibility study" means a preliminary
report to assist
a
municipality to determine whether or not tax increment allocation financing is
appropriate
for effective
redevelopment of a proposed redevelopment project area.
(Source: P.A. 92-263, eff. 8-7-01; 92-624, eff.
7-11-02; 93-298, eff. 7-23-03.)
|
(65 ILCS 5/11-74.4-4.2)
Sec. 11-74.4-4.2.
Interested parties registry.
On and after the effective
date of this amendatory Act of the 91st General Assembly, the municipality
shall by its corporate
authority create an "interested
parties" registry for activities related to the redevelopment project area.
The
municipality shall adopt reasonable registration rules and shall prescribe the
necessary registration forms for residents and organizations active within the
municipality that seek to be placed on the "interested parties" registry. At a
minimum, the rules for registration shall provide for a renewable period of
registration of not less than 3 years and notification to registered
organizations and individuals by mail at the address provided upon
registration prior to termination of their registration, unless the
municipality decides that it will establish a policy of not terminating
interested parties from the registry, in which case no notice will be required.
Such rules shall not
be used to prohibit or otherwise interfere with the ability of eligible
organizations and individuals to register for receipt of information to which
they are entitled under this statute, including the information required by:
(1) subsection (a) of Section 11-74.4-5;
(2) paragraph (9) of subsection (d) of Section 11-74.4-5; and
(3) subsection (e) of Section 11-74.4-6.
(Source: P.A. 91-478, eff. 11-1-99.)
|
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. Public hearing; joint review board. (a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i) before the
effective date of this amendatory Act of the 91st General Assembly,
has adopted an ordinance or resolution fixing a time and place for a
public hearing under this Section or (ii) before July 1, 1999, has adopted
an ordinance or resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4, until after that
municipality adopts an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4; thereafter the changes
made by this amendatory Act of the 91st General Assembly apply to the same
extent that they apply to
redevelopment plans and redevelopment projects that were approved and
redevelopment projects that were designated before the effective date of this
amendatory Act of the 91st General Assembly.
Prior to the adoption of an ordinance proposing the
designation of a redevelopment project area, or approving a
redevelopment plan or redevelopment project, the municipality by its
corporate authorities, or as it may determine by any commission
designated under subsection (k) of Section 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time and place for public hearing.
At least 10 days prior to the adoption of the ordinance or resolution
establishing the time
and place for the public hearing, the municipality shall make available for
public inspection a redevelopment plan or a separate report that provides in
reasonable detail the basis for the eligibility of
the redevelopment project area. The report along with the name of a
person to
contact for further information shall be sent within a reasonable time
after the adoption of such ordinance or resolution to the
affected taxing districts
by certified mail.
On and after the effective date of this amendatory Act of the 91st General
Assembly, the municipality shall print in a newspaper of general circulation
within the municipality a notice that interested persons may register with the
municipality in order to receive information on the proposed designation of a
redevelopment project area or the approval of a redevelopment plan. The notice
shall state the place of registration and the operating hours of that place.
The municipality shall have adopted reasonable rules to implement this
registration process under Section 11-74.4-4.2.
The municipality shall provide notice of the availability of the
redevelopment plan and eligibility report, including how to obtain this
information, by mail within a reasonable time after the adoption of the
ordinance or resolution, to all residential addresses that, after a good faith
effort, the municipality determines are located outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area. This requirement is
subject to the limitation that in a municipality with a population of over
100,000, if the total number of residential addresses outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area exceeds 750, the
municipality shall be required to provide the notice to only the 750
residential addresses that, after a good faith effort, the municipality
determines are outside the proposed redevelopment project area and closest
to the boundaries of the proposed redevelopment project
area.
Notwithstanding the foregoing, notice given after August 7, 2001 (the
effective date of Public Act 92-263) and before the effective date of this
amendatory Act of the 92nd General Assembly to residential addresses within 750
feet of the boundaries of a proposed redevelopment project area shall be deemed
to have been sufficiently given in compliance with this Act if given only to
residents outside the boundaries of the proposed redevelopment project area.
The notice shall also be provided by the municipality, regardless of its
population, to those organizations and residents that have registered with the
municipality for that information in accordance with the registration
guidelines established by the municipality under Section 11-74.4-4.2.
At the public hearing any
interested person or affected taxing district may file with the
municipal clerk written objections to and may be heard orally in respect
to any issues embodied in the notice. The municipality shall hear all protests
and objections at the hearing and the hearing may
be adjourned to another date without further notice other than a motion
to be entered upon the minutes fixing the time and place of the
subsequent hearing.
At the public hearing or at any time prior to the
adoption by the municipality of an ordinance approving a redevelopment plan,
the municipality may make changes in the redevelopment plan. Changes which (1)
add additional parcels of property to the proposed redevelopment project area,
(2) substantially affect the general land uses proposed in the redevelopment
plan, (3) substantially change the nature of or extend the life of the
redevelopment project,
or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as
measured from the time of creation of the redevelopment project area, to a total of more than
10,
shall be made only after the
municipality gives notice,
convenes a joint review board, and conducts a public hearing pursuant to the
procedures set forth in this Section and in Section 11-74.4-6 of this Act.
Changes which do not (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change the nature of
or extend the life of the redevelopment project,
or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as
measured from the time of creation of the redevelopment project area, to a total
of more than 10,
may be made without further
hearing, provided that the municipality shall give notice of any such changes
by mail to each affected taxing district and registrant on the interested
parties registry, provided for under Section 11-74.4-4.2, and by publication in
a newspaper of
general circulation within the affected taxing district. Such notice by mail
and by publication shall each occur not later than 10 days following the
adoption by ordinance of such changes. Hearings with regard to a redevelopment
project area, project or plan may be held simultaneously.
(b) Prior to holding a public hearing to approve or amend a redevelopment
plan or to designate or add additional parcels of property to a redevelopment
project area, the municipality
shall convene a joint review board. The board shall consist of a representative
selected by each community college district, local elementary school
district and high school district or each local community unit school
district, park district, library district, township, fire protection
district, and county that will have the authority to
directly levy taxes on the property within the proposed redevelopment
project area at the time that the proposed redevelopment project area is
approved, a representative selected by the municipality and a public
member. The public member shall first be selected and then the board's
chairperson shall be selected by
a majority of the board members present and voting.
For redevelopment project areas with redevelopment plans or proposed
redevelopment plans that would
result in the displacement of residents from 10 or more inhabited residential
units or that include 75 or more inhabited residential units, the public member
shall be a person who resides in the redevelopment project area. If, as
determined by the housing impact study provided for in paragraph (5) of
subsection (n) of Section 11-74.4-3, or if no housing impact study is required
then based on other reasonable data, the majority of residential units are
occupied by very low, low, or moderate income households, as defined in Section
3 of the Illinois Affordable Housing Act, the public member shall be a person
who resides in very low, low, or moderate income housing within the
redevelopment project area. Municipalities with fewer than 15,000 residents
shall not be required to select a person who lives in very low, low, or
moderate income housing within the redevelopment project area, provided that
the redevelopment plan or project will not result in displacement of residents
from 10 or more inhabited units, and the municipality so certifies
in the plan. If no person satisfying these requirements is available or if no
qualified person will serve as the public member, then the joint review board
is relieved of this paragraph's selection requirements for the public
member.
Within 90 days of the effective date of this amendatory Act of the 91st
General Assembly, each municipality that designated a redevelopment project
area for which it was not required to convene a joint review board under this
Section shall convene a joint review board to perform the
duties specified under paragraph (e) of this Section.
All board members shall be appointed and the first board meeting shall be
held at least 14 days but not more than 28 days after the
mailing of notice by the
municipality to the taxing
districts as required by Section 11-74.4-6(c).
Notwithstanding the preceding sentence, a municipality that adopted either a
public hearing resolution or a feasibility resolution between July 1, 1999 and
July 1, 2000 that called for the meeting of the joint review board within 14
days of notice of public hearing to affected taxing districts is deemed to be
in compliance with the notice, meeting, and public hearing provisions of the
Act.
Such notice
shall also advise
the taxing bodies represented on the joint review board of the time and place
of the first meeting of the board. Additional meetings of the
board shall be held upon the call of any member. The municipality
seeking designation of the redevelopment project area shall provide
administrative support to the board.
The board shall review (i) the public record, planning documents and
proposed ordinances approving the redevelopment plan and
project and (ii) proposed amendments to the redevelopment plan or additions
of parcels of property to the redevelopment project area to be
adopted by the municipality. As part of its deliberations, the board may
hold additional hearings on the proposal. A
board's recommendation shall be
an advisory, non-binding recommendation. The recommendation shall be adopted
by a majority of those members present and voting. The recommendations shall
be submitted to the municipality
within 30 days after convening of the board.
Failure of the board to
submit
its report on a timely basis shall not be cause to delay the public hearing
or any other step in the process of designating or
amending the
redevelopment project area but shall be deemed to constitute approval by the
joint review board of the matters before it.
The board shall base its recommendation to approve or disapprove the
redevelopment plan and the designation of the redevelopment project area or the
amendment of the redevelopment plan or addition of parcels of property to the
redevelopment project area on the basis of the redevelopment project area and
redevelopment plan satisfying the
plan requirements, the eligibility criteria
defined in Section 11-74.4-3, and the objectives of this Act.
The board shall issue a written report describing why the
redevelopment plan and project area or the amendment thereof meets or
fails to meet one or more of the objectives of this Act and both the plan
requirements and the eligibility criteria defined in Section 11-74.4-3.
In the event the Board does not file a report it shall be presumed
that these taxing bodies find the redevelopment project area and
redevelopment plan satisfy the
objectives of this Act and the plan requirements and eligibility criteria.
If the board recommends rejection of the matters before it, the
municipality will have 30 days within which to resubmit the plan or amendment.
During this period, the municipality will meet and confer with the board and
attempt to resolve those issues set forth in the board's written report that
led to the rejection of the plan or amendment.
Notwithstanding the resubmission set forth above, the municipality may
commence the scheduled public hearing and either adjourn the public hearing or
continue the public hearing until a date certain. Prior to continuing any
public hearing to a date certain, the municipality shall announce during the
public hearing the time, date, and location for the reconvening of the public
hearing. Any changes to the redevelopment plan necessary to satisfy the issues
set forth in the joint review board report shall be the subject of a public
hearing before the hearing is adjourned if the changes would (1) substantially
affect the general land uses proposed in the redevelopment plan, (2)
substantially change the nature of or extend the life of the redevelopment
project, or (3) increase the number of inhabited residential units to be
displaced from the redevelopment project area, as
measured from the
time of creation of the redevelopment project area, to a total of
more than 10. Changes to the redevelopment plan necessary
to
satisfy the issues set forth in the joint review board report shall not require
any further notice or convening of a joint review board meeting, except that
any changes to the redevelopment plan that would add additional parcels of
property to the proposed redevelopment project area shall be subject to the
notice, public hearing, and joint review board meeting requirements established
for such changes by subsection (a) of Section 11-74.4-5.
In the event that the
municipality and the board are unable to resolve these differences, or in the
event that the resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan or amendment, but only upon a
three-fifths vote of the corporate authority responsible for approval of the
plan or amendment, excluding positions of members that are vacant and those
members that are ineligible to vote because of conflicts of interest.
(c) After a municipality has by ordinance approved a redevelopment plan
and designated a redevelopment project area, the plan may be amended and
additional properties may be added to the redevelopment project area only as
herein provided. Amendments which (1) add additional parcels of property to
the proposed redevelopment project area, (2) substantially affect the general
land uses proposed in the redevelopment plan, (3) substantially change the
nature of the redevelopment project, (4) increase the total estimated
redevelopment
project costs set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted, (5) add
additional redevelopment project costs to the itemized list of redevelopment
project costs set out in the redevelopment plan, or (6) increase the number of
inhabited residential units to be
displaced from the redevelopment
project area, as measured from the time of creation of
the
redevelopment project area, to a total of more than
10, shall be made only after
the
municipality gives notice, convenes a joint review board, and conducts a public
hearing pursuant to the procedures set forth in this Section and in Section
11-74.4-6 of this Act. Changes which do not (1) add additional parcels of
property to the proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3) substantially
change the nature of the redevelopment project, (4) increase the total
estimated redevelopment project cost set out in the redevelopment plan by more
than 5% after adjustment for inflation from the date the plan was adopted,
(5) add additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan, or (6) increase
the number of inhabited residential units to be displaced from the
redevelopment project area, as measured from the time of
creation of
the redevelopment project area, to a total of more than 10, may be made
without further public hearing
and related notices and procedures including the convening of a joint review
board as set forth in Section 11-74.4-6 of this Act, provided that the
municipality shall give notice of
any such changes by mail to each affected taxing district and registrant on the
interested parties registry, provided for under Section 11-74.4-4.2, and by
publication in
a newspaper of general circulation within the affected taxing district. Such
notice by mail and by publication shall each occur not later than 10 days
following the adoption by ordinance of such changes.
(d) After the effective date of this amendatory Act of the 91st General
Assembly, a
municipality shall submit in an electronic format the
following information for each redevelopment project area (i) to the State
Comptroller under Section 8-8-3.5 of the Illinois Municipal Code, subject to any extensions or exemptions provided at the Comptroller's discretion under that Section,
and (ii) to all taxing districts overlapping the
redevelopment project area no later than 180
days after the close of each municipal fiscal year or as soon thereafter as
the audited financial
statements become available and, in any case, shall be submitted before the
annual meeting of the Joint Review Board to each of the taxing districts that
overlap the redevelopment project area:
(1) Any amendments to the redevelopment plan, the | ||
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(1.5) A list of the redevelopment project areas | ||
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(2) Audited financial statements of the special tax | ||
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(3) Certification of the Chief Executive Officer of | ||
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(4) An opinion of legal counsel that the municipality | ||
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(5) An analysis of the special tax allocation fund | ||
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(A) the balance in the special tax allocation | ||
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(B) all amounts deposited in the special tax | ||
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(C) an itemized list of all expenditures from the | ||
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(D) the balance in the special tax allocation | ||
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(6) A description of all property purchased by the | ||
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(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities | ||
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(A) Any project implemented in the preceding | ||
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(B) A description of the redevelopment activities | ||
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(C) A description of any agreements entered into | ||
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(D) Additional information on the use of all | ||
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(E) Information regarding contracts that the | ||
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(F) Any reports submitted to the municipality by | ||
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(G) A review of public and, to the extent | ||
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(8) With regard to any obligations issued by the | ||
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(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or | ||
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(9) For special tax allocation funds that have | ||
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(10) A list of all intergovernmental agreements in | ||
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In addition to information required to be reported under this Section, for Fiscal Year 2022 and each fiscal year thereafter, reporting municipalities shall also report to the Comptroller annually in a manner and format prescribed by the Comptroller: (1) the number of jobs, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development to date for that reporting period under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of the approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. Stated rates of return required to be reported in item (5) shall be independently verified by a third party chosen by the municipality. Reporting municipalities shall also report to the Comptroller a copy of the redevelopment plan each time the redevelopment plan is enacted, amended, or extended in a manner and format prescribed by the Comptroller. These requirements shall only apply to redevelopment projects beginning in or after Fiscal Year 2022. (d-1) Prior to the effective date of this amendatory Act of the 91st
General Assembly, municipalities with populations of over 1,000,000 shall,
after
adoption of a redevelopment plan or project, make available upon request to any
taxing district in which the redevelopment project area is located the
following information:
(1) Any amendments to the redevelopment plan, the | ||
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(2) In connection with any redevelopment project area | ||
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(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the redevelopment
project audit for that fiscal year becomes available to review the
effectiveness and status of the redevelopment project area up to that date.
(f) (Blank).
(g) In the event that a municipality has held a public hearing under this
Section prior to March 14, 1994 (the effective date of Public Act 88-537), the
requirements imposed by Public Act 88-537 relating to the method of fixing the
time and place for public hearing, the materials and information required to be
made available for public inspection, and the information required to be sent
after adoption of an ordinance or resolution fixing a time and place for public
hearing shall not be applicable.
(h) On and after the effective date of this amendatory Act of the 96th General Assembly, the State Comptroller must post on the State Comptroller's official website the information submitted by a municipality pursuant to subsection (d) of this Section. The information must be posted no later than 45 days after the State Comptroller receives the information from the municipality. The State Comptroller must also post a list of the municipalities not in compliance with the reporting requirements set forth in subsection (d) of this Section. (i) No later than 10 years after the corporate authorities of a municipality adopt an ordinance to establish a redevelopment project area, the municipality must compile a status report concerning the redevelopment project area. The status report must detail without limitation the following: (i) the amount of revenue generated within the redevelopment project area, (ii) any expenditures made by the municipality for the redevelopment project area including without limitation expenditures from the special tax allocation fund, (iii) the status of planned activities, goals, and objectives set forth in the redevelopment plan including details on new or planned construction within the redevelopment project area, (iv) the amount of private and public investment within the redevelopment project area, and (v) any other relevant evaluation or performance data. Within 30 days after the municipality compiles the status report, the municipality must hold at least one public hearing concerning the report. The municipality must provide 20 days' public notice of the hearing. (j) Beginning in fiscal year 2011 and in each fiscal year thereafter, a municipality must detail in its annual budget (i) the revenues generated from redevelopment project areas by source and (ii) the expenditures made by the municipality for redevelopment project areas. (Source: P.A. 102-127, eff. 7-23-21.)
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(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
Sec. 11-74.4-6. (a) Except as provided herein, notice of the public hearing
shall be given by publication and mailing; provided, however, that no notice by mailing shall be required under this subsection (a) with respect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3. Notice by publication
shall be given by publication at least twice, the first publication to be
not more than 30 nor less than 10 days prior to the hearing in a newspaper
of general circulation within the taxing districts having property in the
proposed redevelopment project area. Notice by mailing shall be given by
depositing such notice in the United States mails by certified mail
addressed to the person or persons in whose name the general taxes for the
last preceding year were paid on each lot, block, tract, or parcel of land
lying within the project redevelopment area. Said notice shall be mailed
not less than 10 days prior to the date set for the public hearing. In the
event taxes for the last preceding year were not paid, the notice shall
also be sent to the persons last listed on the tax rolls within the
preceding 3 years as the owners of such property.
For redevelopment project areas with redevelopment plans or proposed
redevelopment plans that would require removal of 10 or more inhabited
residential
units or that contain 75 or more inhabited residential units, the municipality
shall make a good faith effort to notify by mail all
residents of
the redevelopment project area. At a minimum, the municipality shall mail a
notice
to each residential address located within the redevelopment project area. The
municipality shall endeavor to ensure that all such notices are effectively
communicated and shall include (in addition to notice in English) notice in
the predominant language
other than English when appropriate.
(b) The notices issued pursuant to this Section shall include the following:
(1) The time and place of public hearing.
(2) The boundaries of the proposed redevelopment | ||
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(3) A notification that all interested persons will | ||
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(4) A description of the redevelopment plan or | ||
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(5) Such other matters as the municipality may deem | ||
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(c) Not less than 45 days prior to the date set for hearing, the
municipality shall give notice by mail as provided in subsection (a) to all
taxing districts of which taxable property is included in the redevelopment
project area, project or plan and to the Department of Commerce and
Economic Opportunity, and in addition to the other requirements under
subsection (b) the notice shall include an invitation to the Department of
Commerce and Economic Opportunity and each taxing district to submit comments
to the municipality concerning the subject matter of the hearing prior to
the date of hearing.
(d) In the event that any municipality has by ordinance adopted tax
increment financing prior to 1987, and has complied with the notice
requirements of this Section, except that the notice has not included the
requirements of subsection (b), paragraphs (2), (3) and (4), and within 90
days of December 16, 1991 (the effective date of Public Act 87-813), that
municipality passes an ordinance which contains findings that: (1) all taxing
districts prior to the time of the hearing required by Section 11-74.4-5
were furnished with copies of a map incorporated into the redevelopment
plan and project substantially showing the legal boundaries of the
redevelopment project area; (2) the redevelopment plan and project, or a
draft thereof, contained a map substantially showing the legal boundaries
of the redevelopment project area and was available to the public at the
time of the hearing; and (3) since the adoption of any form of tax
increment financing authorized by this Act, and prior to June 1, 1991, no
objection or challenge has been made in writing to the municipality in
respect to the notices required by this Section, then the municipality
shall be deemed to have met the notice requirements of this Act and all
actions of the municipality taken in connection with such notices as were
given are hereby validated and hereby declared to be legally sufficient for
all purposes of this Act.
(e) If a municipality desires to propose a redevelopment
plan
for a redevelopment project area that
would result in the displacement of residents from
10 or more inhabited residential units or for a redevelopment project area that
contains 75 or more inhabited residential units, the
municipality
shall hold a public meeting before the mailing of the notices of public hearing
as
provided in subsection (c) of this Section. However, such a meeting shall be required for any redevelopment plan for a redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3 if the applicable project is subject to the process for evaluation of environmental effects under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. The meeting shall be for the
purpose of
enabling the municipality to advise the public, taxing districts having real
property in
the redevelopment project area, taxpayers who own property in the proposed
redevelopment project area, and residents in the area as to the
municipality's possible intent to prepare a redevelopment plan and
designate a
redevelopment project area and to receive public comment.
The time and place for the meeting shall be set by the head of the
municipality's
Department of Planning or other department official designated by the mayor or
city
or village manager without the necessity of a resolution or ordinance of the
municipality and may be held by a member of the staff of the Department of
Planning of the municipality or by any other person, body, or commission
designated by the corporate authorities. The meeting shall be held at
least 14 business
days before the mailing of the notice of public hearing provided for in
subsection (c)
of this Section.
Notice of the public meeting shall be given by mail. Notice by mail shall be
not less than 15 days before the date of the meeting and shall be sent by
certified
mail to all taxing districts having real property in the proposed redevelopment
project area and to all entities requesting that information that have
registered with a person and department designated by the municipality in
accordance with registration guidelines established by the
municipality pursuant to Section 11-74.4-4.2. The
municipality shall make a good faith effort to notify all residents and the
last known persons who paid
property taxes on real estate in a redevelopment project area. This
requirement
shall be deemed to be satisfied if the municipality mails, by regular mail, a
notice to
each residential address and the person or persons in whose name property taxes
were paid on real property for the last preceding year located within the
redevelopment project area. Notice shall be in languages other than English
when
appropriate. The notices issued under this subsection shall include the
following:
(1) The time and place of the meeting.
(2) The boundaries of the area to be studied for | ||
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(3) The purpose or purposes of establishing a | ||
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(4) A brief description of tax increment financing.
(5) The name, telephone number, and address of the | ||
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(6) Notification that all interested persons will be | ||
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(7) Such other matters as the municipality deems | ||
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At the public meeting, any interested person or representative of an affected
taxing district
may be heard orally and may file, with the person conducting the
meeting, statements that pertain to the subject matter of the meeting.
(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17.)
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(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
Sec. 11-74.4-7. Obligations secured by the special tax allocation fund
set forth in Section 11-74.4-8 for the redevelopment project area may be
issued to provide for redevelopment project costs. Such obligations, when
so issued, shall be retired in the manner provided in the ordinance
authorizing the issuance of such obligations by the receipts of taxes
levied as specified in Section 11-74.4-9 against the taxable property
included in the area, by revenues as specified by Section 11-74.4-8a and
other revenue designated by the municipality. A municipality may in the
ordinance pledge all or any part of the funds in and to be deposited in the
special tax allocation fund created pursuant to Section 11-74.4-8 to the
payment of the redevelopment project costs and obligations. Any pledge of
funds in the special tax allocation fund shall provide for distribution to
the taxing districts and to the Illinois Department of Revenue of moneys
not required, pledged, earmarked, or otherwise designated for payment and
securing of the obligations and anticipated redevelopment project costs and
such excess funds shall be calculated annually and deemed to be "surplus"
funds. In the event a municipality only applies or pledges a portion of the
funds in the special tax allocation fund for the payment or securing of
anticipated redevelopment project costs or of obligations, any such funds
remaining in the special tax allocation fund after complying with the
requirements of the application or pledge, shall also be calculated annually
and deemed "surplus" funds. All surplus funds in the special tax allocation
fund shall be distributed annually within 180 days after the close of the
municipality's fiscal year by being paid by the
municipal treasurer to the County Collector, to the Department of Revenue
and to the municipality in direct proportion to the tax incremental revenue
received as a result of an increase in the equalized assessed value of
property in the redevelopment project area, tax incremental revenue
received from the State and tax incremental revenue received from the
municipality, but not to exceed as to each such source the total
incremental revenue received from that source. The County Collector shall
thereafter make distribution to the respective taxing districts in the same
manner and proportion as the most recent distribution by the county
collector to the affected districts of real property taxes from real
property in the redevelopment project area.
Without limiting the foregoing in this Section, the municipality may in
addition to obligations secured by the special tax allocation fund pledge
for a period not greater than the term of the obligations towards payment
of such obligations any part or any combination of the following: (a) net
revenues of all or part of any redevelopment project; (b) taxes levied and
collected on any or all property in the municipality; (c) the full faith
and credit of the municipality; (d) a mortgage on part or all of the
redevelopment project; (d-5) repayment of bonds issued pursuant to subsection (p-130) of Section 19-1 of the School Code; or (e) any other taxes or anticipated receipts that
the municipality may lawfully pledge.
Such obligations may be issued in one or more series bearing interest at
such rate or rates as the corporate authorities of the municipality shall
determine by ordinance. Such obligations shall bear such date or dates,
mature at such time or times not exceeding 20 years from their respective
dates, be in such denomination, carry such registration privileges, be executed
in such manner, be payable in such medium of payment at such place or places,
contain such covenants, terms and conditions, and be subject to redemption
as such ordinance shall provide. Obligations issued pursuant to this Act
may be sold at public or private sale at such price as shall be determined
by the corporate authorities of the municipalities. No referendum approval
of the electors shall be required as a condition to the issuance of obligations
pursuant to this Division except as provided in this Section.
In the event the municipality authorizes issuance of obligations pursuant
to the authority of this Division secured by the full faith and credit of
the municipality, which obligations are other than obligations which may
be issued under home rule powers provided by Article VII, Section 6 of the
Illinois Constitution, or pledges taxes pursuant to (b) or (c) of the second
paragraph of this section, the ordinance authorizing the issuance of such
obligations or pledging such taxes shall be published within 10 days after
such ordinance has been passed in one or more newspapers, with general
circulation within such municipality. 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 question of the issuance of such
obligations or pledging taxes 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, as hereinafter provided
in this Section, within 30 days after the publication of the ordinance,
the ordinance shall be in effect. But, if within that 30 day period a petition
is filed with the municipal clerk, signed by electors in the
municipality numbering 10% or more of the number of registered voters in the
municipality, asking that the question of issuing
obligations using full faith and credit of the municipality as security
for the cost of paying for redevelopment project costs, or of pledging taxes
for the payment of such obligations, or both, be submitted to the electors
of the municipality, the corporate authorities of the municipality shall
call a special election in the manner provided by law to vote upon that
question, or, if a general, State or municipal election is to be held within
a period of not less than 30 or more than 90 days from the date such petition
is filed, shall submit the question at the next general, State or municipal
election. If it appears upon the canvass of the election by the corporate
authorities that a majority of electors voting upon the question voted in
favor thereof, the ordinance shall be in effect, but if a majority of the
electors voting upon the question are not in favor thereof, the ordinance
shall not take effect.
The ordinance authorizing the obligations may provide that the obligations
shall contain a recital that they are issued pursuant to this Division,
which recital shall be conclusive evidence of their validity and of the
regularity of their issuance.
In the event the municipality authorizes issuance of obligations pursuant
to this Section secured by the full faith and credit of the municipality,
the ordinance authorizing the obligations may provide for the levy and
collection of a direct annual tax upon all taxable property within the
municipality sufficient to pay the principal thereof and interest thereon
as it matures, which levy may be in addition to and exclusive of the
maximum of all other taxes authorized to be levied by the municipality,
which levy, however, shall be abated to the extent that monies from other
sources are available for payment of the obligations and the municipality
certifies the amount of said monies available to the county clerk.
A certified copy of such ordinance shall be filed with the county clerk
of each county in which any portion of the municipality is situated, and
shall constitute the authority for the extension and collection of the taxes
to be deposited in the special tax allocation fund.
A municipality may also issue its obligations to refund in whole or in
part, obligations theretofore issued by such municipality under the authority
of this Act, whether at or prior to maturity, provided however, that the
last maturity of the refunding obligations may not be later than the dates set forth under Section 11-74.4-3.5.
In the event a municipality issues obligations under home rule powers or
other legislative authority the proceeds of which are pledged to pay
for redevelopment project costs, the municipality may, if it has followed
the procedures in conformance with this division, retire said obligations
from funds in the special tax allocation fund in amounts and in such manner
as if such obligations had been issued pursuant to the provisions of this
division.
All obligations heretofore or hereafter issued pursuant to this Act shall
not be regarded as indebtedness of the municipality issuing such obligations
or any other taxing district for the purpose of any limitation imposed by law.
(Source: P.A. 100-531, eff. 9-22-17.) |
(65 ILCS 5/11-74.4-7.1)
Sec. 11-74.4-7.1.
After the effective date of this amendatory Act of 1994
and prior to the effective date of this amendatory Act of the 91st General
Assembly,
a municipality with a population of less than 1,000,000, prior to construction
of a new municipal public building that
provides governmental services to be financed with tax increment revenues as
authorized in paragraph (4) of subsection (q) of Section 11-74.4-3, shall agree
with the affected taxing districts to pay them, to the extent tax increment
finance revenues are
available, over the life of the
redevelopment project area, an amount equal to 25% of the cost of the building,
such payments to be paid to the taxing districts in the same proportion as the
most recent distribution by the county collector to the affected taxing
districts of real property taxes from taxable real property in the
redevelopment project area.
This Section does not
apply to a municipality that, before March 14, 1994 (the effective date of
Public Act 88-537), acquired or leased the land (i) upon which a new
municipal public building is to be constructed and (ii) for which an existing
redevelopment plan or a redevelopment agreement includes provisions for the
construction
of a new municipal public
building.
(Source: P.A. 91-478, eff. 11-1-99.)
|
(65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
Sec. 11-74.4-8. Tax increment allocation financing. A municipality may
not adopt tax increment financing in a
redevelopment
project area after July 30, 1997 (the effective date of Public Act 90-258) that will
encompass an area that is currently included in an enterprise zone created
under the Illinois Enterprise Zone Act unless that municipality, pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, amends the enterprise zone
designating ordinance to limit the eligibility for tax abatements as provided
in Section 5.4.1 of the Illinois Enterprise Zone Act.
A municipality, at the time a redevelopment project area
is designated, may adopt tax increment allocation financing by passing an
ordinance providing that the ad valorem taxes, if any, arising from the
levies upon taxable real property in such redevelopment project
area by taxing districts and tax rates determined in the manner provided
in paragraph (c) of Section 11-74.4-9 each year after the effective
date of the ordinance until redevelopment project costs and all municipal
obligations financing redevelopment project costs incurred under this Division
have been paid shall be divided as follows, provided, however, that with respect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3 in a municipality with a population of 1,000,000 or more, ad valorem taxes, if any, arising from the levies upon taxable real property in such redevelopment project area shall be allocated as specifically provided in this Section:
(a) That portion of taxes levied upon each taxable | ||
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(b) Except from a tax levied by a township to retire | ||
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(1) The total equalized assessed value of the | ||
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(2) Not more than 50% of the total equalized | ||
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(3) The municipal clerk has certified to the | ||
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(4) The municipality has not requested that the | ||
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The conditions of paragraphs (1) through (4) do not | ||
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It is the intent of this Division that after July 29, | ||
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If a municipality has adopted tax increment | ||
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(1) That portion of the taxes levied upon each | ||
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(2) That portion, if any, of such taxes which is | ||
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The municipality may pledge in the ordinance the | ||
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Whenever a municipality issues bonds for the purpose | ||
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When such redevelopment projects costs, including, | ||
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Upon the payment of all redevelopment project costs, | ||
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If a municipality with a population of 1,000,000 or | ||
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(1) That portion of the taxes levied upon each | ||
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(2) That portion, if any, of such taxes which is | ||
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(A) First, that portion which would be | ||
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(B) 80% of the remaining portion shall be | ||
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(C) 20% of the remaining portion shall be | ||
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Nothing in this Section shall be construed as relieving property in such
redevelopment project areas from being assessed as provided in the Property
Tax Code or as relieving owners of such property from paying a uniform rate of
taxes, as required by Section 4 of Article IX of the Illinois Constitution.
(Source: P.A. 102-558, eff. 8-20-21.)
|
(65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality which has
adopted tax increment allocation financing prior to January 1, 1987, may by
ordinance (1) authorize the Department of Revenue, subject to
appropriation, to annually certify and cause to be paid from the Illinois
Tax Increment Fund to such municipality for deposit in the municipality's
special tax allocation fund an amount equal to the Net State Sales Tax
Increment and (2) authorize the Department of Revenue to annually notify
the municipality of the amount of the Municipal Sales Tax Increment which
shall be deposited by the municipality in the municipality's special tax
allocation fund. Provided that for purposes of this Section no amendments
adding additional area to the redevelopment project area which has been
certified as the State Sales Tax Boundary shall be taken into account if
such amendments are adopted by the municipality after January 1, 1987. If
an amendment is adopted which decreases the area of a State Sales Tax
Boundary, the municipality shall update the list required by subsection
(3)(a) of this Section. The Retailers' Occupation Tax liability, Use Tax
liability, Service Occupation Tax liability and Service Use Tax liability
for retailers and servicemen located within the disconnected area shall be
excluded from the base from which tax increments are calculated and the
revenue from any such retailer or serviceman shall not be included in
calculating incremental revenue payable to the municipality. A municipality
adopting an ordinance under this subsection (1) of this Section for a
redevelopment project area which is certified as a State Sales Tax Boundary
shall not be entitled to payments of State taxes authorized under
subsection (2) of this Section for the same redevelopment project area.
Nothing herein shall be construed to prevent a municipality from receiving
payment of State taxes authorized under subsection (2) of this Section for
a separate redevelopment project area that does not overlap in any way with
the State Sales Tax Boundary receiving payments of State taxes pursuant to
subsection (1) of this Section.
A certified copy of such ordinance shall be submitted by the municipality
to the Department of Commerce and Economic Opportunity and the Department of
Revenue not later than 30 days after the effective date of the ordinance.
Upon submission of the ordinances, and the information required pursuant to
subsection 3 of this Section, the Department of Revenue shall promptly
determine the amount of such taxes paid under the Retailers' Occupation Tax
Act, Use Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act and the Municipal Service
Occupation Tax Act by retailers and servicemen on transactions at places
located in the redevelopment project area during the base year, and shall
certify all the foregoing "initial sales tax amounts" to the municipality
within 60 days of submission of the list required of subsection (3)(a) of
this Section.
If a retailer or serviceman with a place of business located within a
redevelopment project area also has one or more other places of business
within the municipality but outside the redevelopment project area, the
retailer or serviceman shall, upon request of the Department of Revenue,
certify to the Department of Revenue the amount of taxes paid pursuant to
the Retailers' Occupation Tax Act, the Municipal Retailers' Occupation Tax
Act, the Service Occupation Tax Act and the Municipal Service Occupation
Tax Act at each place of business which is located within the redevelopment
project area in the manner and for the periods of time requested by the
Department of Revenue.
When the municipality determines that a portion of an increase in
the aggregate amount of taxes paid by retailers and servicemen under the
Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, or the
Service Occupation Tax Act is the result of a retailer or serviceman
initiating retail or service operations in the redevelopment project area
by such retailer or serviceman with a resulting termination of retail or
service operations by such retailer or serviceman at another
location in Illinois in the standard metropolitan statistical area of such
municipality, the Department of Revenue shall be notified that the
retailers occupation tax liability, use tax liability, service occupation tax
liability, or service use tax liability from such retailer's or serviceman's
terminated operation shall be included in the base Initial Sales Tax
Amounts from which the State Sales Tax Increment is calculated for purposes
of State payments to the affected municipality; provided, however, for
purposes of this paragraph "termination" shall mean a closing of a retail
or service operation which is directly related to the opening of the same
retail or service operation in a redevelopment project area which is
included within a State Sales Tax Boundary, but it shall not include retail
or service operations closed for reasons beyond the control of the retailer
or serviceman, as determined by the Department.
If the municipality makes the determination referred to in the prior
paragraph and notifies the Department and if the relocation is from a
location within the municipality, the Department, at the request of the
municipality, shall adjust the certified aggregate amount of taxes that
constitute the Municipal Sales Tax Increment paid by retailers and servicemen
on transactions at places of business located within the State Sales Tax
Boundary during the base year using the same procedures as are employed to
make the adjustment referred to in the prior paragraph. The adjusted
Municipal Sales Tax Increment calculated by the Department shall be
sufficient to satisfy the requirements of subsection (1) of this Section.
When a municipality which has adopted tax increment allocation financing
in 1986 determines that a portion of the aggregate amount of taxes paid by
retailers and servicemen under the Retailers Occupation Tax Act, Use Tax
Act, Service Use Tax Act, or Service Occupation Tax Act, the Municipal
Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act,
includes revenue of a retailer or serviceman which terminated retailer or
service operations in 1986, prior to the adoption of tax increment
allocation financing, the Department of Revenue shall be notified by such
municipality that the retailers' occupation tax liability, use tax
liability, service occupation tax liability or service use tax liability,
from such retailer's or serviceman's terminated operations shall be
excluded from the Initial Sales Tax Amounts for such taxes. The revenue
from any such retailer or serviceman which is excluded from the base year
under this paragraph, shall not be included in calculating incremental
revenues if such retailer or serviceman reestablishes such business in the
redevelopment project area.
For State fiscal year 1992, the Department of Revenue shall
budget, and the Illinois General Assembly shall appropriate
from the Illinois Tax Increment Fund in the State treasury, an amount not
to exceed $18,000,000 to pay to each eligible municipality the Net
State Sales Tax Increment to which such municipality is entitled.
Beginning on January 1, 1993, each municipality's proportional share of
the Illinois Tax Increment Fund shall be determined by adding the annual Net
State Sales Tax Increment and the annual Net Utility Tax Increment to determine
the Annual Total Increment. The ratio of the Annual Total Increment of each
municipality to the Annual Total Increment for all municipalities, as most
recently calculated by the Department, shall determine the proportional shares
of the Illinois Tax Increment Fund to be distributed to each municipality.
Beginning in October, 1993, and each January, April, July and October
thereafter, the Department of Revenue shall certify to the Treasurer and
the Comptroller the amounts payable quarter annually during the fiscal year
to each municipality under this Section. The Comptroller shall promptly
then draw warrants, ordering the State Treasurer to pay such amounts from
the Illinois Tax Increment Fund in the State treasury.
The Department of Revenue shall utilize the same periods established
for determining State Sales Tax Increment to determine the Municipal
Sales Tax Increment for the area within a State Sales Tax
Boundary and certify such amounts to such municipal treasurer who shall
transfer such amounts to the special tax allocation fund.
The provisions of this subsection (1) do not apply to additional
municipal retailers' occupation or service occupation taxes imposed by
municipalities using their home rule powers or imposed pursuant to
Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. A municipality shall not
receive from the State any share of the Illinois Tax Increment Fund unless such
municipality deposits all its Municipal Sales Tax Increment and
the local incremental real property tax revenues, as provided herein, into
the appropriate special tax allocation fund.
If, however, a municipality has extended the estimated dates of completion of
the redevelopment project and retirement of obligations to finance
redevelopment project costs by municipal ordinance to December 31, 2013 under
subsection (n) of Section 11-74.4-3, then that municipality shall continue to
receive from the State a share of the Illinois Tax Increment Fund
so long as the municipality deposits, from any funds available, excluding funds
in the special tax allocation fund, an amount equal
to the municipal share of the real property tax increment revenues
into the special tax allocation fund during the extension period.
The amount to be deposited by the municipality in each of the tax years
affected by the extension to December 31, 2013 shall be equal to the municipal
share of the property tax increment deposited into the special tax allocation
fund by the municipality for the most recent year that the property tax
increment was distributed.
A municipality located within
an economic development project area created under the County Economic
Development Project Area Property Tax Allocation Act which has abated any
portion of its property taxes which otherwise would have been deposited in
its special tax allocation fund shall not receive from the State the Net
Sales Tax Increment.
(2) A municipality which has adopted tax increment allocation
financing with regard to an industrial park or industrial park
conservation area, prior to January 1, 1988, may by ordinance authorize the
Department of Revenue to annually certify and pay from the Illinois Tax
Increment Fund to such municipality for deposit in the municipality's
special tax allocation fund an amount equal to the Net State Utility Tax
Increment. Provided that for purposes of this Section no amendments adding
additional area to the redevelopment project area shall be taken into
account if such amendments are adopted by the municipality after January 1,
1988. Municipalities adopting an ordinance under this subsection (2) of
this Section for a redevelopment project area shall not be entitled to
payment of State taxes authorized under subsection (1) of this Section for
the same redevelopment project area which is within a State Sales Tax
Boundary. Nothing herein shall be construed to prevent a municipality from
receiving payment of State taxes authorized under subsection (1) of this
Section for a separate redevelopment project area within a State Sales Tax
Boundary that does not overlap in any way with the redevelopment project
area receiving payments of State taxes pursuant to subsection (2) of this
Section.
A certified copy of such ordinance shall be submitted to the Department
of Commerce and Economic Opportunity and the Department of Revenue not later
than 30 days after the effective date of the ordinance.
When a municipality determines that a portion of an increase in the
aggregate amount of taxes paid by industrial or commercial facilities under
the Public Utilities Act, is the result of an industrial or commercial
facility initiating operations in the redevelopment project area with a
resulting termination of such operations by such industrial or commercial
facility at another location in Illinois, the Department of Revenue shall be
notified by such municipality that such industrial or commercial facility's
liability under the Public Utility Tax Act shall be included in the base
from which tax increments are calculated for purposes of State payments to
the affected municipality.
After receipt of the calculations by the public utility as required by
subsection (4) of this Section, the Department of Revenue shall annually
budget and the Illinois General Assembly shall annually appropriate from
the General Revenue Fund through State Fiscal Year 1989, and thereafter from
the Illinois Tax Increment Fund, an amount sufficient to pay to each eligible
municipality the amount of incremental revenue attributable to State
electric and gas taxes as reflected by the charges imposed on persons in
the project area to which such municipality is entitled by comparing the
preceding calendar year with the base year as determined by this Section.
Beginning on January 1, 1993, each municipality's proportional share of
the Illinois Tax Increment Fund shall be determined by adding the annual Net
State Utility Tax Increment and the annual Net Utility Tax Increment to
determine the Annual Total Increment. The ratio of the Annual Total Increment
of each municipality to the Annual Total Increment for all municipalities, as
most recently calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to each
municipality.
A municipality shall not receive any share of the Illinois Tax
Increment Fund from the State unless such municipality imposes the maximum
municipal charges authorized pursuant to Section 9-221 of the
Public Utilities Act and deposits all municipal utility tax incremental
revenues as certified by the public utilities, and all local real estate
tax increments into such municipality's special tax allocation fund.
(3) Within 30 days after the adoption of the ordinance required by either
subsection (1) or subsection (2) of this Section, the municipality shall
transmit to the Department of Commerce and Economic Opportunity and the
Department of Revenue the following:
(a) if applicable, a certified copy of the ordinance | ||
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(b) if applicable, a certified copy of the ordinance | ||
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(c) certified copies of the ordinances approving the | ||
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(d) a copy of the redevelopment plan as approved by | ||
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(e) an opinion of legal counsel that the municipality | ||
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(f) a certification by the chief executive officer of | ||
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(4) The Department of Revenue upon receipt of the information set forth
in paragraph (b) of subsection (3) shall immediately forward such
information to each public utility furnishing natural gas or electricity to
buildings within the redevelopment project area. Upon receipt of such
information, each public utility shall promptly:
(a) provide to the Department of Revenue and the | ||
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(b) determine the amount of charges imposed pursuant | ||
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(c) determine the amount of charges imposed pursuant | ||
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After the determinations are made in paragraphs (b) and (c), the public
utility shall monthly during the existence of the redevelopment project
area notify the Department of Revenue and the municipality of any increase
in charges over the base year determinations made pursuant to paragraphs
(b) and (c).
(5) The payments authorized under this Section shall be deposited by the
municipal treasurer in the special tax allocation fund of the municipality,
which for accounting purposes shall identify the sources of each payment
as: municipal receipts from the State retailers occupation, service
occupation, use and service use taxes; and municipal public utility taxes
charged to customers under the Public Utilities Act and State public
utility taxes charged to customers under the Public Utilities Act.
(6) Before the effective date of this amendatory Act of the 91st General
Assembly, any
municipality receiving payments authorized under this Section
for any redevelopment project area or area within a State Sales Tax
Boundary within the municipality shall submit to the Department of Revenue
and to the taxing districts which are sent the notice required by Section
6 of this Act annually within 180 days after the close of each municipal
fiscal year the following information for the immediately preceding fiscal
year:
(a) Any amendments to the redevelopment plan, the | ||
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(b) Audited financial statements of the special tax | ||
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(c) Certification of the Chief Executive Officer of | ||
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(d) An opinion of legal counsel that the municipality | ||
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(e) An analysis of the special tax allocation fund | ||
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(1) the balance in the special tax allocation | ||
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(2) all amounts deposited in the special tax | ||
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(3) all expenditures from the special tax | ||
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(4) the balance in the special tax allocation | ||
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(f) A description of all property purchased by the | ||
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1. Street address
2. Approximate size or description of property
3. Purchase price
4. Seller of property.
(g) A statement setting forth all activities | ||
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1. Any project implemented in the preceding | ||
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2. A description of the redevelopment activities | ||
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3. A description of any agreements entered into | ||
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(h) With regard to any obligations issued by the | ||
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1. copies of bond ordinances or resolutions
2. copies of any official statements
3. an analysis prepared by financial advisor or | ||
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(i) A certified audit report reviewing compliance | ||
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(6.1) After July 29, 1988 and before the effective date of this amendatory
Act of the 91st General Assembly,
any funds which have not been designated for
use in a specific development project in the annual report shall be
designated as surplus.
No funds may be held in the Special Tax Allocation Fund for more than 36 months
from the date of receipt unless the money is required for payment of
contractual obligations for specific development project costs. If held for
more than 36 months in violation of the preceding sentence, such funds shall be
designated as surplus. Any funds
designated as surplus must first be used for early redemption of any bond
obligations. Any funds designated as surplus which are not disposed of as
otherwise provided in this paragraph, shall be distributed as
surplus as
provided in Section 11-74.4-7.
(7) Any appropriation made pursuant to this Section for the 1987 State
fiscal year shall not exceed the amount of $7 million and for the 1988
State fiscal year the amount of $10 million. The amount which shall be
distributed to each municipality shall be the incremental revenue to which
each municipality is entitled as calculated by the Department of Revenue,
unless the requests of the municipality exceed the appropriation,
then the amount to which each municipality shall be entitled shall be
prorated among the municipalities in the same proportion as the increment to
which the municipality would be entitled bears to the total increment which all
municipalities would receive in the absence of this limitation, provided that
no municipality may receive an amount in excess of 15% of the appropriation.
For the 1987 Net State Sales Tax Increment payable in Fiscal Year 1989, no
municipality shall receive more than 7.5% of the total appropriation; provided,
however, that any of the appropriation remaining after such distribution shall
be prorated among municipalities on the basis of their pro rata share of the
total increment. Beginning on January 1, 1993, each municipality's proportional
share of the Illinois Tax Increment Fund shall be determined by adding the
annual Net State Sales Tax Increment and the annual Net Utility Tax Increment
to determine the Annual Total Increment. The ratio of the Annual Total
Increment of each municipality to the Annual Total Increment for all
municipalities, as most recently calculated by the Department, shall determine
the proportional shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
(7.1) No distribution of Net State Sales Tax Increment
to a municipality for an area within a State Sales Tax Boundary shall
exceed in any State Fiscal Year an amount equal
to 3 times the sum of the Municipal Sales Tax Increment, the real
property tax increment and deposits of funds from other sources, excluding
state and federal funds, as certified by the city treasurer to the
Department of Revenue for an area within a State Sales Tax Boundary. After
July 29, 1988, for those municipalities which issue bonds between June 1,
1988 and 3 years from July 29, 1988 to finance redevelopment projects
within the area in a State Sales Tax Boundary, the distribution of Net
State Sales Tax Increment during the 16th through 20th years from the date
of issuance of the bonds shall not exceed in any State Fiscal Year an
amount equal to 2 times the sum of the Municipal Sales Tax Increment, the
real property tax increment and deposits of funds from other sources,
excluding State and federal funds.
(8) Any person who knowingly files or causes to be filed false
information for the purpose of increasing the amount of any State tax
incremental revenue commits a Class A misdemeanor.
(9) The following procedures shall be followed to determine whether
municipalities have complied with the Act for the purpose of receiving
distributions after July 1, 1989 pursuant to subsection (1) of this
Section 11-74.4-8a.
(a) The Department of Revenue shall conduct a | ||
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(1) For any municipality with a population of | ||
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(2) For any municipality with a population of | ||
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(3) Such preliminary review of the redevelopment | ||
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(4) The Department of Revenue shall also issue a | ||
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(b) For those municipalities receiving a Notice of | ||
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Upon completion of the secondary review, the | ||
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(c) If the municipality advises the Department of its | ||
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(d) If the Department issues a final determination of | ||
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(e) Any Certificate of Eligibility issued pursuant to | ||
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(f) It is the intent of this subsection that the | ||
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(10) If a municipality adopts a State Sales Tax Boundary in accordance
with the provisions of subsection (9) of this Section, such boundaries
shall subsequently be utilized to determine Revised Initial Sales Tax
Amounts and the Net State Sales Tax Increment; provided, however, that such
revised State Sales Tax Boundary shall not have any effect upon the boundary of
the redevelopment project area established for the purposes of determining the
ad valorem taxes on real property pursuant to Sections 11-74.4-7 and 11-74.4-8
of this Act nor upon the municipality's authority to implement
the redevelopment plan for that redevelopment project area. For any
redevelopment project area with a smaller State Sales Tax Boundary within
its area, the municipality may annually elect to deposit the Municipal
Sales Tax Increment for the redevelopment project area in the special tax
allocation fund and shall certify the amount to the Department prior to
receipt of the Net State Sales Tax Increment. Any municipality required by
subsection (9) to establish a State Sales Tax Boundary for one or more of
its redevelopment project areas shall submit all necessary information
required by the Department concerning such boundary and the retailers
therein, by October 1, 1989, after complying with the procedures for
amendment set forth in Sections 11-74.4-5 and 11-74.4-6 of this Act. Net
State Sales Tax Increment produced within the State Sales Tax Boundary
shall be spent only within that area. However expenditures of all municipal
property tax increment and municipal sales tax increment in a redevelopment
project area are not required to be spent within the smaller State Sales
Tax Boundary within such redevelopment project area.
(11) The Department of Revenue shall have the authority to issue rules
and regulations for purposes of this Section.
(12) If, under Section 5.4.1 of the Illinois Enterprise Zone Act, a
municipality determines that property that lies within a State Sales Tax
Boundary has an improvement, rehabilitation, or renovation that is entitled to
a property tax abatement, then that property along with any improvements,
rehabilitation, or renovations shall be immediately removed from any State
Sales Tax Boundary. The municipality that made the determination shall notify
the Department of Revenue within 30 days after the determination. Once a
property is removed from the State Sales Tax Boundary because of the existence
of a property tax abatement resulting from an enterprise
zone, then that property shall not be permitted to
be amended into a State Sales Tax Boundary.
(Source: P.A. 100-201, eff. 8-18-17.)
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(65 ILCS 5/11-74.4-8b)
Sec. 11-74.4-8b.
Cancellation and repayment of tax and other benefits.
Any tax abatement or benefit granted by a taxing district under an agreement
entered into under this
Act to a private individual or entity for the purpose of originating, locating,
maintaining, rehabilitating, or expanding a business facility shall be
cancelled if the individual or entity relocated its entire facility in
violation of the agreement, and the amount of the abatements or tax benefits
granted before the cancellation shall be repaid to the taxing district within
30 days, as provided in Section 18-183 of the Property Tax Code.
In addition, any private individual or entity that receives other benefits under this Act for the purpose of originating, locating,
maintaining, rehabilitating, or expanding a business facility and that abandons or relocates its facility in violation of the agreement shall pay to the municipality an amount equal to the value of the benefit prorated based on (i) the time from the date of the agreement to the date of abandonment or relocation; compared to (ii) the time from the date of the agreement to the date upon which the redevelopment plan must be completed, determined at the time of the agreement. (Source: P.A. 96-324, eff. 1-1-10.)
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(65 ILCS 5/11-74.4-8c)
Sec. 11-74.4-8c.
Enterprise zone abatements.
If a redevelopment project
area is or has been established under Section 11-74.4-4 on or before the
effective
date
of this amendatory Act of 1997 and the redevelopment project area contains
property that is located within an enterprise zone established under the
Illinois
Enterprise Zone Act, then the property that is located in both the
redevelopment
project area and the enterprise zone shall not be eligible for the abatement of
taxes under Section 18-170 of the Property Tax Code if the requirements of
Section 5.4.1 of the Illinois Enterprise Zone Act are satisfied.
If an abatement is limited under Section 5.4.1 of the Illinois Enterprise
Zone Act, a municipality
shall notify the county clerk and the board of review or board of appeals of
the change in writing not later than July 1 of the assessment year to be first
affected by the change.
(Source: P.A. 90-258, eff. 7-30-97.)
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(65 ILCS 5/11-74.4-8d)
Sec. 11-74.4-8d. Website postings; municipalities of 1,000,000 or more. (a) In any municipality with a population of 1,000,000 or more, the following shall be posted on a website maintained by the municipality: (1) Any ordinance designating a redevelopment project | ||
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(2) Written staff reports presented to a board | ||
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(3) The information required to be submitted pursuant | ||
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(4) Any certificates of completion issued by the | ||
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(b) Except as provided in subsection (c), all ordinances described in paragraph (1) of subsection (a) of this Section shall be made available on the website within 7 business days after the ordinance is passed and published by the municipality. Except as provided in subsection (c), all documents described in paragraphs (2), (3), and (4) of subsection (a) of this Section shall be made available on the website within 14 business days after the document has been completed in final form. (c) The requirements of this Section apply with respect to any redevelopment project area designated or amended on or after July 30, 2004. The ordinances and documents that passed or were completed prior to the effective date of this amendatory Act of the 96th General Assembly shall be made available on the website no later than 30 days after that effective date.
(Source: P.A. 96-773, eff. 8-28-09.) |
(65 ILCS 5/11-74.4-9)
(from Ch. 24, par. 11-74.4-9)
Sec. 11-74.4-9. Equalized assessed value of property.
(a) If a municipality by ordinance provides for tax
increment allocation financing pursuant to Section 11-74.4-8, the county clerk
immediately thereafter shall determine (1) the most recently ascertained
equalized assessed value of each lot, block, tract or parcel of real property
within such redevelopment project area from which shall be deducted the
homestead exemptions under Article 15 of the Property
Tax Code, which value shall be the "initial equalized assessed value" of each
such piece of property, and (2) the total equalized assessed value of all
taxable real property within such redevelopment project area by adding together
the most recently ascertained equalized assessed value of each taxable lot,
block, tract, or parcel of real property within such project area, from which
shall be deducted the homestead exemptions provided by Sections 15-170,
15-175, and 15-176 of the Property Tax Code, and shall certify such amount
as the "total
initial equalized assessed value" of the taxable real property within such
project area.
(b) In reference to any municipality which has adopted tax increment
financing after January 1, 1978, and in respect to which the county clerk
has certified the "total initial equalized assessed value" of the property
in the redevelopment area, the municipality may thereafter request the clerk
in writing to adjust the initial equalized value of all taxable real property
within the redevelopment project area by deducting therefrom the exemptions under Article 15 of the
Property Tax Code applicable
to each lot, block, tract or parcel of real property within such redevelopment
project area. The county clerk shall immediately after the written request to
adjust the total initial equalized value is received determine the total
homestead exemptions in the redevelopment project area provided by Sections
15-170, 15-175, and 15-176 of the Property Tax Code by adding
together the homestead
exemptions provided by said Sections
on each lot, block, tract or parcel of real property within such redevelopment
project area and then shall deduct the total of said exemptions from the total
initial equalized assessed value. The county clerk shall then promptly certify
such amount as the "total initial equalized assessed value as adjusted" of the
taxable real property within such redevelopment project area.
(c) After the county clerk has certified the "total initial
equalized assessed value" of the taxable real property in such area, then
in respect to every taxing district containing a redevelopment project area,
the county clerk or any other official required by law to ascertain the amount
of the equalized assessed value of all taxable property within such district
for the purpose of computing the rate per cent of tax to be extended upon
taxable property within such district, shall in every year that tax increment
allocation financing is in effect ascertain the amount of value of taxable
property in a redevelopment project area by including in such amount the lower
of the current equalized assessed value or the certified "total initial
equalized assessed value" of all taxable real property in such area, except
that after he has certified the "total initial equalized assessed value as
adjusted" he shall in the year of said certification if tax rates have not been
extended and in every year thereafter that tax increment allocation financing
is in effect ascertain the amount of value of taxable property in a
redevelopment project area by including in such amount the lower of the current
equalized assessed value or the certified "total initial equalized assessed
value as adjusted" of all taxable real property in such area. The rate per cent
of tax determined shall be extended to the current equalized assessed value of
all property in the redevelopment project area in the same manner as the rate
per cent of tax is extended to all other taxable property in the taxing
district. The method of extending taxes established under this Section shall
terminate when the municipality adopts an ordinance dissolving the special tax
allocation fund for the redevelopment project area. This Division shall not be
construed as relieving property owners within a redevelopment project area from
paying a uniform rate of taxes upon the current equalized assessed value of
their taxable property as provided in the Property Tax Code.
(Source: P.A. 95-644, eff. 10-12-07.)
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(65 ILCS 5/11-74.4-10) (from Ch. 24, par. 11-74.4-10)
Sec. 11-74.4-10.
Revenues received by the municipality from any property,
building or facility owned, leased or operated by the municipality or any
agency or authority established by the municipality, or from repayments of
loans,
may be used to pay redevelopment
project costs, or reduce outstanding obligations of the municipality incurred
under this Division for redevelopment project costs. The municipality may
place such revenues in the special tax allocation fund which shall be held
by the municipal treasurer or other person designated by the municipality.
Revenue received by the municipality from the sale or other disposition
of real property acquired by the municipality with the proceeds of obligations
funded by tax increment allocation financing shall be deposited by the
municipality
in the special tax allocation fund.
(Source: P.A. 93-298, eff. 7-23-03.)
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(65 ILCS 5/11-74.4-11) (from Ch. 24, par. 11-74.4-11)
Sec. 11-74.4-11.
If any Section, subdivision, paragraph, sentence or clause
of this Division is, for any reason, held to be invalid or unconstitutional,
such decision shall not affect any remaining portion, Section or part thereof
which can be given effect without the invalid provision.
(Source: P.A. 79-1525.)
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(65 ILCS 5/11-74.4-12) Sec. 11-74.4-12. Metro East Police District. A municipality may use moneys from the special tax allocation fund to hire police officers, if the corporate authorities of the municipality determine by ordinance or resolution that, as a result of the development associated with the tax increment financing, more police officers are needed to protect the public health and safety of the residents, and the municipality is: (i) within the territory of the Metro East Police District created under the Metro East Police District Act, or (ii) contiguous to 2 or more municipalities within the territory of the Metro East Police District and having a population of more than 5,000 inhabitants, according to the 2000 federal census. The moneys used to hire police officers may amount to no more than 10% of the funds available.
(Source: P.A. 97-971, eff. 1-1-13.) |
(65 ILCS 5/Art. 11 Div. 74.5 heading) DIVISION 74.5.
MUNICIPAL HOUSING FINANCE LAW
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(65 ILCS 5/11-74.5-1) (from Ch. 24, par. 11-74.5-1)
Sec. 11-74.5-1.
This Division 74.5 may be referred to as the Municipal
Housing
Finance Law.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/11-74.5-2) (from Ch. 24, par. 11-74.5-2)
Sec. 11-74.5-2.
Whenever used in this Division:
(a) "Appraised value" means the fair market value of a home determined
in accordance with generally accepted procedures and standards applicable
to the appraisal of real property.
(b) "Bonds" means any revenue bonds authorized under this Division and
payable as provided hereunder.
(c) "Corporate authorities" means the corporate authorities as defined
in this Illinois Municipal Code.
(d) "Home" means real property and improvements thereon located within
the municipality consisting of not more than 4 dwelling units, including
but not limited to, condominium units owned by one mortgagor who occupies
or intends to occupy one of such units.
(e) "Home mortgage loan" means an interest bearing loan to a mortgagor
evidenced by a promissory note and secured by a mortgage on a home,
purchased or originated in accordance with this Division made for the purpose
of acquiring a home having an appraised value or a purchase price, whichever
is less, of not less than the minimum home value and less than the maximum home
value.
(f) "Lender" means any lending institution participating in a residential
housing finance plan as the originator of home mortgage loans or as a servicing
agent for home mortgage loans.
(g) "Lending institution" means any bank, bank holding company, credit
union, trust company, savings bank, national banking association, savings
and loan association, building and loan association, mortgage banker or
other financial institution which customarily provides service or otherwise
aids in the financing of home mortgages, or any holding company for any
of the foregoing.
(h) "Maximum home value" means the amount determined by the corporate authorities.
(i) "Minimum home value" means the amount determined by the corporate authorities.
(j) "Mortgagor" means a person of low or moderate income and who has received
or qualifies to receive a home mortgage loan on a home.
(k) "Municipality" means a municipality as defined in this Illinois Municipal Code.
(l) "Ordinance" means an ordinance adopted and approved by the corporate
authorities of a municipality.
(m) "Purchase price" means the actual consideration paid to the seller of a home.
(n) "Person" means a natural person or persons or a trust, provided that
such trust is for the benefit of a natural
person or members of such person's immediate family.
(o) "Participation commitment" means any undertaking or agreement by a
lending institution to participate in the implementation of a residential
housing finance plan.
(p) "Persons of low or moderate income" means a person or family (consisting
of one or more persons all of whom occupy or will occupy the home) whose
aggregate gross income including the gross income of any co-signer or guarantor
of the promissory note made in connection with the making of a home mortgage
loan does not exceed a maximum amount to be established by the corporate
authorities and determined in accordance with appropriate criteria, rules
and regulations, approved by the corporate authorities in connection with
the implementation of a residential housing finance plan.
(q) "Residential housing finance plan" means a program implemented under
this Division by a municipality to assist persons of low or moderate income
in acquiring safe, decent and sanitary housing which they can afford.
(r) "Trustee" means any State or national bank or trust company, having
trust powers, located within or outside the State of Illinois, which may
be appointed to act in any capacity with respect to a residential housing
finance plan and the issuance of bonds to finance such plan whether designated
as a trustee, custodian or administrator.
(Source: P.A. 90-706, eff. 8-7-98.)
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(65 ILCS 5/11-74.5-3) (from Ch. 24, par. 11-74.5-3)
Sec. 11-74.5-3.
In addition to powers which a municipality may now have,
municipalities have the following powers:
(a) To acquire, and to contract and enter into advance commitments to
acquire, directly or indirectly, home mortgages owned or originated by
lending institutions at such
prices and upon such other terms and conditions as shall be determined by
such municipality or trustee as it may designate as its agent;
(b) To make and execute contracts with lending institutions for the
origination
and servicing of home mortgage loans on behalf of a municipality and to
pay the reasonable value of services rendered in accordance with such contracts;
(c) To make loans to lenders to enable such lenders to make home mortgage
loans in accordance with this Division;
(d) To establish, by rules or regulations, by ordinances relating to
any issuance of bonds or in any financing documents relating to such issuance,
such standards and requirements applicable to the purchase of home mortgage
loans or the origination of home mortgage loans or loans to lenders as such
municipality deems necessary or desirable to effectuate the public purposes
of this Act, including but not limited to: (i) the time within which lending
institutions must make participation commitments and make disbursements
for home mortgage loans; (ii) the terms and conditions of home mortgage
loans to be acquired or originated; (iii) the standards and criteria to
be applied by the municipality in defining persons of low or moderate income; (iv)
the amounts and types of insurance coverage required on homes, home mortgage
loans and bonds; (v) the representations and warranties to be required
of persons and lending institutions as evidence of compliance with such
standards and requirements; (vi) restrictions as to interest rate and other
terms of home mortgage loans or the return realized therefrom by lending
institutions; (vii) the type and amount of collateral security to be provided
to assure repayment of any loans to lenders by such municipalities and to
assure repayment of bonds; and (viii) any other matters related to the
purchase or origination of home mortgage loans or the making of loans
to lenders as shall be deemed relevant or necessary by the corporate authorities
of such municipality.
(e) To require from each lending institution from which home mortgage
loans are to be purchased or which will originate home mortgage loans on
behalf of the municipality or from lenders to which loans are made, the
submission, at the time of making participation commitments, of evidence
satisfactory to such municipality of the ability and intention of such lending
institution to make home mortgage loans, and the submission, within the
time specified by such municipality for making disbursements for home mortgage
loans, of evidence satisfactory to such municipality of the making of home
mortgage loans and of compliance with any standards and requirements established
by such municipality.
(f) To require that a lending institution or lender furnish, prior to
or concurrently with the delivery of any participation commitment by a lending
institution, a commitment fee in the form of a cash deposit, letter of credit,
promissory note, surety bond or other instrument approved by the corporate
authorities executed by or on behalf of such lending institution, in an
amount to be determined by the corporate authorities.
(g) To issue its bonds to defray, in whole or in part (i) the cost
of acquiring or originating home mortgage loans or making loans to lenders
in order to enable them to make home mortgage loans; (ii) if deemed necessary
or advisable, the costs of paying interest on bonds during a reasonable
period necessary to acquire or originate the home mortgage loans or to make
the loans to lender, (iii) the costs of studies and surveys, insurance
premiums, underwriting fees, legal, accounting and marketing services incurred
in connection with the issuance and sale of such bonds, including amounts
required to establish reasonably necessary bond and interest reserve accounts,
and trustee, custodian and rating agency fees; (iv) the costs of reasonable
reserves; and (v) such other costs
as are reasonably related to the foregoing.
(h) To authorize the sale or other disposition of any home mortgage
loan, in whole or in part, upon such terms, at such prices and times, and
from time to time, as may be necessary to assure that the revenues and receipts
to be derived with respect to the home mortgage loans, together with any
insurance proceeds, funds held in reserve accounts and earnings thereon,
shall produce and provide revenues and receipts at least sufficient to provide
for the prompt payment of the principal of, redemption premiums, if any,
and interest at maturity of all bonds issued pursuant to this Division or to
otherwise authorize the sale or other disposition of any home mortgage loan
after the bonds have been paid or deemed to be paid.
(i) To pledge any revenues and receipts to be received from any home
mortgage loans to the punctual payment of bonds authorized under this Division,
and the interest and redemption premiums, if any, thereon.
(j) To mortgage, pledge or grant security interests in any home mortgage
loans, notes or other property in favor of the holder or holders of bonds
issued therefor.
(k) to issue its bonds in such amount as may be necessary (and not limited
by the amount of bonds refunded) for the purpose of refunding, in whole
or in part at any time, bonds theretofore issued by such municipality under
authority of this Division, the proceeds of which refunding bonds may be
used, at the discretion of the corporate authorities, for paying bonds at
maturity, calling bonds for payment and paying bonds prior to maturity,
or for deposit into an escrow or trust fund in advance of maturity of bonds to
be held
for payment thereof at maturity or earlier.
(l) To appoint or designate a trustee or trustees for the benefit of
the bondholders and to delegate and assign thereto, insofar as it may lawfully
do so, its rights, duties
and responsibilities with respect to carrying out and enforcing the terms
and provisions of its residential housing finance plan.
(m) To provide for and authorize the use and disposition of any funds
remaining in the possession of the municipality (or trustees)
following payment
and retirement of, or following the making of provision for the payment
of, the bonds of a designated series issued pursuant to this Division.
(n) To make and execute contracts and other instruments necessary or
convenient to the exercise of any of the powers granted herein.
(Source: P.A. 90-706, eff. 8-7-98.)
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(65 ILCS 5/11-74.5-4) (from Ch. 24, par. 11-74.5-4)
Sec. 11-74.5-4.
(Repealed).
(Source: P.A. 82-783. Repealed by P.A. 90-706, eff. 8-7-98.)
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(65 ILCS 5/11-74.5-5) (from Ch. 24, par. 11-74.5-5)
Sec. 11-74.5-5.
The exercise of any or all powers granted by this Division
shall be authorized and the bonds shall be authorized to be issued under
this Division for the purposes set forth in this Act, by an ordinance adopted
by the corporate authorities of a municipality which shall take effect
immediately
upon adoption.
Any such ordinance shall set forth a finding and declaration (i) of the
public purpose therefor and (ii) that such ordinance is adopted pursuant
to this Division, which finding and declaration shall be conclusive evidence
of the existence and sufficiency of the public purpose and of the
power to carry out and give effect to such public purposes.
The bonds shall bear interest at such rate or rates (subject only to the
limitations set forth in paragraph (a) of Section 11-74.5-4 and without
regard to any other law pertaining to interest rate limitations),
may be payable at such time or times, may be in one or more series, may
bear such
date or dates, may mature at such time or times not exceeding 40 years from
their respective dates, may be payable in such medium of payment at such
place or places, may carry such registration privileges, may be subject
to such terms of redemption at such premiums, may be executed in such manner,
may contain such terms, covenants and conditions and may be in such form,
either coupon or registered, as the corporate authorities shall provide.
The bonds may be sold at public or private sale at such price, in such manner
and upon such terms as the corporate authorities may determine. Pending
the preparation of definitive bonds and in anticipation thereof, interim
notes, in such form and with such provisions as may be authorized by the
corporate authorities, may be issued to the purchaser or purchasers of bonds
sold pursuant to this Division. The bonds and interim notes shall be deemed
to be securities and negotiable instruments within the meaning and for all
purposes of the Uniform Commercial Code.
(Source: P.A. 90-706, eff. 8-7-98.)
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(65 ILCS 5/11-74.5-6) (from Ch. 24, par. 11-74.5-6)
Sec. 11-74.5-6.
Any ordinance authorizing the issuance of the bonds under
this Division may contain covenants regarding (a) the use and disposition
of the revenues and receipts from any home mortgage loans for which the
bonds are to be issued, including the creation and maintenance of such reasonable
and adequate
reserves as the corporate authorities may determine; (b) the insurance to
be carried on any home mortgage loan or bonds and the use and disposition
of the proceeds of such insurance; (c) the appointment of one or more trustees
for the benefit of the bondholders, paying agents or bond registrars; (d)
the investment of any funds held by such trustees or lender; (e) the maximum
interest rate payable on any home mortgage loan (subject to the provisions
of paragraph (a) of Section 11-74.5-4); and (f) the terms and conditions
upon which the holders of the bonds or any portion thereof, or any trustees
therefor, are entitled to the appointment of a receiver by a court of competent
jurisdiction, and such terms and conditions may provide that the receiver
may take possession of the home mortgage loans or any part thereof and maintain,
sell or otherwise dispose of such home mortgage loans, prescribe other payments
and collect, receive and apply all income and revenues thereafter derived
therefrom. An ordinance authorizing the issuance of bonds under this Division
may provide that payment of the principal of, redemption premium, if any,
and interest on any bonds issued under this Division shall be secured by
a mortgage, pledge, security interest, insurance agreement or indenture
of trust of or with respect to such home mortgage loans and a lien upon
the revenues and receipts derived therefrom or from any notes or other obligations of
lending institutions, with respect to which the bonds are issued. Such
mortgage, pledge, security interest, insurance agreement or indenture of
trust may contain such covenants and agreements as may be necessary or
appropriate to safeguard the interests of the holders of the bonds and shall
be executed in the manner authorized by the ordinance authorizing the bonds.
The provisions of this Division and any such ordinance and any such mortgage,
pledge, security interest, insurance agreement or indenture of trust shall
constitute a contract with the holder or holders of the bonds and continue
in effect until the principal of, the interest on, and the redemption premiums,
if any, on the bonds have been fully paid or provision made for the payment
thereof, and the duties of the municipality and its corporate authorities
and officers under this Division and any such ordinance and any such mortgage,
pledge, security interest, insurance agreement or indenture of trust shall
be enforceable as provided therein by any bondholder by mandamus, foreclosure
of any such mortgage, pledge, security interest or indenture of trust or
other appropriate suit, action or proceeding in any court of competent jurisdiction;
provided the ordinance or any mortgage, pledge, security interest, insurance
agreement or indenture of trust under which the bonds are issued may provide
that all such remedies and rights to enforcement may be vested in a trustee
(with full power of appointment) for the benefit of all the bondholders,
which trustee shall be subject to the control of such number of holders
or owners of any outstanding bonds as provided therein.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-7) (from Ch. 24, par. 11-74.5-7)
Sec. 11-74.5-7.
The bonds shall bear the manual or facsimile signatures
of such officers of a municipality as may be designated in the ordinance
authorizing such bonds and such signatures shall constitute the valid and
binding signatures of such officers, notwithstanding that before the delivery
thereof and payment therefor any or all of the persons whose signatures
appear thereon have ceased to be officers of such municipality. The validity
of the bonds shall not be dependent on nor affected by the validity or regularity
of any proceedings relating to the home mortgage loans acquired or made
from proceeds of the bonds. A recital in the bonds that they are issued
pursuant to this Division shall be conclusive evidence of their validity
and of the regularity of their issuance.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-8) (from Ch. 24, par. 11-74.5-8)
Sec. 11-74.5-8.
Any pledge made to secure bonds shall be valid and binding
from the time when the pledge is made. The revenues and receipts or property
or interests in property pledged and thereafter received by a municipality
or trustee shall immediately be subject to the lien of such pledge without
any physical delivery thereof or further act, and the lien of any such pledge
shall be valid and binding as against all parties having claims of any kind
in tort, contract or otherwise against such municipality or trustee irrespective
of whether the parties have notice thereof. Neither the ordinance, nor
any other instrument
by which a pledge is created, need be recorded.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-9) (from Ch. 24, par. 11-74.5-9)
Sec. 11-74.5-9.
All bonds issued under this Division shall be limited obligations
of the municipality issuing the same, payable solely from the (i) bond proceeds,
(ii) revenues and receipts derived from the home mortgage loans or from
any notes or other obligations of persons
with respect to which such bonds are issued and secured by a mortgage, pledge,
security interest, insurance agreement or indenture of trust of or with
respect to such home mortgage loans, (iii) certain insurance proceeds which
may relate to the bonds or the home mortgage loans, (iv) participation
fees, or (v) certain reserve funds. No municipality shall have any right
or authority to levy taxes to pay any of the principal of, redemption premium,
if any, or interest on any bonds issued pursuant to this Division or any
judgment against a municipality on account thereof. No holder of any bonds
issued under this Division shall have the right to compel any exercise of
the taxing power of a municipality to pay the bonds, the interest or redemption
premium, if any, thereon, and the bonds shall not constitute an indebtedness
of such municipality, or a loan of the faith and credit thereof, within
the meaning of any constitutional or statutory provision, nor shall the
bonds be construed to create
any moral obligation on the part of such municipality to provide for the
payment of such bonds. It shall be plainly stated on the face of each bond
that it has been issued under the provisions of this Division and that it
does not constitute an indebtedness of the municipality, or a loan of the
faith and credit thereof, within the meaning of any constitutional or statutory
provision. Bonds may be issued pursuant to this Division without regard
to (1) any statutory limitation as to bonded indebtedness and shall not
be included in computing total bonded indebtedness within the meaning of
any statutory limitation, (ii) any requirement of competitive bidding or procedure
for award of contracts applicable by any statute, (iii) any requirement of
publication of ordinance or other documents, or (iv) any requirement of
referendum or petition.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-10) (from Ch. 24, par. 11-74.5-10)
Sec. 11-74.5-10.
Neither the members of the corporate authorities of a
municipality, nor any official or employee thereof, nor any person executing
bonds issued under this Division shall be liable personally for payment
of the bonds or the interest or redemption premium, if any, thereon or be
subject to any personal liability or accountability by reason of the issuance
thereof.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-11) (from Ch. 24, par. 11-74.5-11)
Sec. 11-74.5-11.
One or more municipalities (whether or
not any of them are home rule units) may join together or cooperate with
one another in the exercise, either jointly or otherwise, of any one or
more of the powers conferred upon municipalities under this Division or
other enabling acts or powers. Such joint or cooperative action shall be
taken only in accordance with and pursuant to a written agreement
entered into between or among such cooperating parties.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-12) (from Ch. 24, par. 11-74.5-12)
Sec. 11-74.5-12.
Notwithstanding any other provision of law, bonds issued
pursuant to this Division shall be legal investments for all trust funds,
insurance companies, savings and loan associations, investment companies
and banks, both savings and commercial, and shall be legal investments for
executors, administrators, trustees and all other fiduciaries. Such bonds
shall be legal investments for state school funds and for any funds which
may be invested in county, municipal or school district bonds, and such
bonds shall be deemed to be securities which may properly and legally be
deposited with, and received by, any state or municipal officer or by any
agency or political subdivision of the State for any purpose for which the
deposit of bonds or obligations of the State is now, or may hereafter, be
authorized by law, including deposits to secure public funds.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-13) (from Ch. 24, par. 11-74.5-13)
Sec. 11-74.5-13.
Notwithstanding the provisions of any other Act, a member
of the corporate authorities, or an officer or employee of the municipality,
may be an officer, employee or stockholder of a lending institution or lender
participating in a residential housing finance plan of the corporate authorities
provided such member (if a member of such corporate authorities) declares
such position or interest at a regular meeting of the corporate authorities prior to
passage of an ordinance establishing the plan and abstains from voting on
such ordinance.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-14) (from Ch. 24, par. 11-74.5-14)
Sec. 11-74.5-14.
The powers conferred by this Division are in addition
and supplemental to, and the limitations imposed by this Division shall
not affect, the powers conferred upon municipalities by any other law.
This Division is not a limitation upon the powers of home rule units. Home
mortgage loans may be acquired, purchased and financed, and bonds may be
issued under this Division for such purposes, notwithstanding that any other
law or power may provide for the acquisition, purchase and financing of
like home mortgage loans, or the issuance of bonds for like purposes, and
without regard to the requirements, restrictions, limitations or other provisions
contained in any law, including
any law relating to any requirement of competitive bidding or restriction
imposed on the sale or disposition of property or award of contracts. Nothing
in this Division shall be deemed or construed to prohibit the exercise of
the powers conferred upon municipalities in connection with the financing
of federally assisted housing for persons of low and moderate income.
(Source: P.A. 81-580.)
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(65 ILCS 5/11-74.5-15) (from Ch. 24, par. 11-74.5-15)
Sec. 11-74.5-15.
This Act is necessary for the health, welfare and safety
of the State, its municipalities and its inhabitants; therefore, it shall
be liberally construed to effect its purposes.
(Source: P.A. 81-580.)
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(65 ILCS 5/Art. 11 Div. 74.6 heading) DIVISION 74.6.
INDUSTRIAL JOBS RECOVERY LAW
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(65 ILCS 5/11-74.6-1)
Sec. 11-74.6-1.
Short Title.
This Division 74.6 may be cited as the
Industrial Jobs Recovery Law.
(Source: P.A. 88-537.)
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(65 ILCS 5/11-74.6-5)
Sec. 11-74.6-5.
Findings and Declarations.
(a) It is hereby found and declared that the communities of the State
have lost over 300,000 manufacturing jobs over the last decade and that
these losses have resulted in persistent high levels of unemployment and
underemployment, substantial tax base losses in many areas of the State,
and have left a large inventory of vacant industrial space. As a result of
this decline in manufacturing, employment, and income there is an excessive
and disproportionate expenditure of public funds, inadequate public and
private investment, unmarketability of property, growth in crime, and
housing and zoning law violations in these areas together with an abnormal
exodus of occupants. The decline of these areas impairs the value of
private investments and threatens the sound growth and tax base of taxing
districts in these areas, and threatens the health, safety, morals and
welfare of the public. These areas also include underutilized plants and
facilities that, if redeveloped for industrial use, will promote industrial
and transportation activities, thereby reducing the evils attendant to
involuntary unemployment and enhancing the public health and welfare of this State.
(b) It is further found and declared that there exist in many
municipalities within the State numerous properties, both improved and
unimproved, that cannot be reused or sold for reuse because of environmental
contamination that causes them to be vacant for long
periods of time, less marketable or unmarketable unless cleaned
up, and dilapidated and detrimental to the surrounding community.
Many of these properties are in strategic locations within the
municipalities and cause disinvestment within the community and a loss of
tax base and employment opportunities.
(c) It is hereby found and declared, that in order to promote and
protect the health, safety, morals, and welfare of the public,
redevelopment of these areas must be undertaken. To reverse these
adverse economic conditions, it is necessary to encourage private investment
and restore and enhance the tax base of the taxing districts in these areas
by the development or redevelopment of project areas. The reversal of
these adverse economic conditions and the elimination of the negative
impact they have on communities through industrial redevelopment projects,
and the retention and expansion of the economic bases of Illinois
communities is hereby declared to be essential to the public interest.
(d) It is found and declared that the use of incremental tax revenues
derived from the tax levies of various taxing districts in redevelopment
project areas for the payment of redevelopment project costs is of benefit
to those taxing districts because taxing districts located in redevelopment
project areas will ultimately derive substantial benefits from the increased
assessment base developed by tax increment allocation financing. In
addition, if all surplus tax revenues are distributed to the taxing districts
in redevelopment project areas, all taxing districts will benefit from the
removal of adverse economic conditions, the development of industrial parks
and the development, retention and expansion of employment opportunities
for Illinois residents.
(Source: P.A. 88-537.)
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(65 ILCS 5/11-74.6-10)
Sec. 11-74.6-10. Definitions.
(a) "Environmentally contaminated area" means any improved or vacant area
within
the boundaries
of a redevelopment project area located within the corporate limits of
a municipality when,
(i) there has been a determination of release or substantial threat of release
of
a hazardous substance or pesticide, by the United States Environmental
Protection Agency or the Illinois Environmental Protection Agency, or the
Illinois Pollution Control Board, or any court, or a release or substantial
threat of release which is addressed as part of the Pre-Notice Site Cleanup
Program under Section 22.2(m) of the Illinois Environmental Protection Act, or
a release or substantial threat of release of petroleum under Section 22.12 of
the Illinois Environmental Protection Act, and (ii) which release or threat of
release presents an imminent and substantial danger to public health or welfare
or presents a significant threat to public health or the environment, and (iii)
which release or threat of release would have a significant impact on the cost
of redeveloping the area.
(b) "Department" means the Department of Commerce and Economic Opportunity.
(c) "Industrial park" means an area in a redevelopment project
area suitable for use by any manufacturing, industrial, research, or
transportation enterprise, of facilities, including but not limited to
factories, mills, processing plants, assembly plants, packing plants,
fabricating plants, distribution centers, warehouses, repair
overhaul or service facilities, freight terminals, research facilities,
test facilities or railroad facilities. An industrial park may contain
space for commercial and other use as long as the expected principal use of the
park is
industrial and
is reasonably expected to result in the creation of a significant number of new
permanent full time jobs. An
industrial park may also contain related operations and facilities including,
but not
limited to, business and office support services such as centralized
computers, telecommunications, publishing, accounting, photocopying and
similar activities and employee services such as child care, health care,
food service and similar activities. An industrial park may also include
demonstration projects, prototype development, specialized training on
developing technology, and pure research in any field related or adaptable
to business and industry.
(d) "Research park" means an area in a redevelopment project area
suitable for development of a facility or complex that includes
research laboratories and related operations. These related operations may
include, but are not limited to, business and office support services
such as centralized computers, telecommunications, publishing,
accounting, photocopying and similar activities, and employee services
such as child care, health care, food service and similar activities.
A research park may include demonstration projects, prototype development,
specialized training on developing technology, and pure research
in any field related or adaptable to business and industry.
(e) "Industrial park conservation area" means an area within the
boundaries of a redevelopment project area located within the corporate
limits of a municipality or within 1 1/2 miles of the corporate limits of a
municipality if the area is to be annexed to the municipality, if the area is
zoned as industrial no later than the date on which the municipality by
ordinance designates the redevelopment project area, and if the area
includes improved or vacant land suitable for use as an industrial park or
a research park, or both. To be designated as an industrial park
conservation area, the area shall also satisfy one of the following standards:
(1) Standard One: The municipality must be a labor | ||
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(2) Standard Two: The municipality must be a | ||
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(f) "Vacant industrial buildings conservation area" means an area containing
one or more industrial buildings located within the corporate limits of the
municipality that has been zoned industrial for at least 5 years before the
designation of that area as a redevelopment project area by the
municipality and is planned for reuse principally for industrial purposes.
For the area to be designated as a vacant industrial buildings conservation
area, the area shall also satisfy one of the following standards:
(1) Standard One: The area shall consist of one or | ||
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(2) Standard Two: The area exclusively consists of | ||
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(g) "Labor surplus municipality" means a municipality in which,
during the 4 calendar years immediately preceding the date
the municipality by
ordinance designates an industrial park conservation area, the average
unemployment rate was 1% or more over the State average
unemployment
rate for
that same period of time as published in the United States Department of
Labor Bureau of Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of this
subsection (g), if unemployment rate statistics for the municipality are
not available, the unemployment rate in the municipality shall be deemed to
be: (i) for a municipality that is not in an urban county, the same as the
unemployment rate in the principal county where the municipality is located or
(ii) for a municipality in an urban county at that municipality's option,
either the unemployment rate certified for the municipality by the Department
after consultation with the Illinois
Department of Labor or the federal Bureau of Labor Statistics, or the
unemployment rate of the municipality as determined by the most recent federal
census if that census was not dated more than 5 years prior to the date on
which the determination is made.
(h) "Substantial labor surplus municipality" means a municipality in
which, during the 5 calendar years immediately preceding the date the
municipality by
ordinance
designates an industrial park conservation area, the average unemployment rate
was 2% or more over the State average unemployment rate for
that
same period of time as published in the United States Department of Labor
Statistics publication entitled "The Employment Situation" or its successor
publication. For the purpose of this subsection (h), if unemployment rate
statistics for the municipality are not available, the unemployment rate in the
municipality shall be deemed to be: (i) for a municipality that is not in an
urban county, the same as the unemployment rate in the principal county in
which the municipality is located; or (ii) for a municipality in an urban
county, at that municipality's option, either the unemployment rate certified
for the municipality by the Department after
consultation with the Illinois Department of Labor or the federal Bureau of
Labor Statistics, or the unemployment rate of the municipality as determined by
the most recent federal census if that census was not dated more than 5 years
prior to the date on which the determination is made.
(i) "Municipality" means a city, village or incorporated town.
(j) "Obligations" means bonds, loans, debentures, notes, special
certificates or other evidence of indebtedness issued by the municipality
to carry out a redevelopment project or to refund outstanding obligations.
(k) "Payment in lieu of taxes" means those estimated tax revenues from
real property in a redevelopment project area derived from real property that
has been acquired by a municipality,
which according to the redevelopment project or plan are to be used for a
private use, that taxing districts would have received had a municipality
not acquired the real property and adopted tax increment allocation
financing and that would result from
levies made after the time of the adoption of tax increment allocation
financing until the time the current equalized assessed value of real
property in the redevelopment project area exceeds the total initial
equalized assessed value of real property in that area.
(l) "Redevelopment plan" means the comprehensive program of the
municipality for development or redevelopment intended by the payment of
redevelopment project costs to reduce or eliminate the conditions that
qualified the redevelopment project area or redevelopment planning area, or
both, as an environmentally contaminated
area or industrial
park conservation area, or vacant industrial buildings
conservation area, or combination thereof, and thereby to enhance
the tax bases of the taxing districts that extend into the redevelopment
project area or redevelopment planning area.
On and after the effective date of this amendatory Act of the 91st General
Assembly, no
redevelopment plan may be approved or amended to include the development of
vacant land (i) with a golf course and related clubhouse and other facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
Each redevelopment plan must set forth in writing the
bases for the municipal findings required in this subsection, the
program to be undertaken to accomplish the objectives, including
but not limited to: (1) an itemized list of estimated redevelopment project
costs,
(2) evidence indicating that the redevelopment project area or the
redevelopment planning area, or both, on the whole has
not
been subject to growth and development through investment by private
enterprise,
(3) (i) in the case of an environmentally contaminated area, industrial park
conservation
area, or a vacant industrial buildings conservation area classified under
either Standard One, or Standard Two of subsection (f) where the building is
currently vacant, evidence that implementation of the redevelopment plan is
reasonably expected to create a significant number of permanent full time jobs,
(ii) in
the case of a vacant industrial buildings conservation area classified under
Standard Two (B)(i) or (ii) of subsection (f), evidence that implementation of
the redevelopment plan is reasonably expected to retain a significant number of
existing permanent full time jobs, and (iii) in the case of a
combination of
an environmentally contaminated area, industrial park conservation area, or
vacant industrial
buildings conservation area, evidence that the standards concerning the
creation or retention of jobs for each area set forth in (i) or (ii)
above are met,
(4) an assessment of the financial impact of the redevelopment
project area or the redevelopment planning area, or both,
on
the overlapping taxing bodies or any increased demand for services from any
taxing district affected by the
plan and any program to address such financial impact or increased demand, (5)
the sources of
funds to pay costs, (6) the nature and term of the obligations to be issued,
(7)
the most recent equalized assessed valuation of the redevelopment project
area or the redevelopment planning area, or both, (8) an estimate of the
equalized assessed valuation after redevelopment
and the general land uses that are applied in the redevelopment project area
or the redevelopment planning area, or both,
(9) a
commitment to fair employment practices and an affirmative action plan,
(10) if it includes an industrial park conservation area, the following: (i) a
general description of any proposed developer, (ii) user and tenant of any
property, (iii) a description of the type, structure and general character of
the facilities to be developed, and (iv) a description of the type, class and
number of new employees to be employed in the operation of the facilities to be
developed,
(11) if it includes an environmentally contaminated area, the following:
either (i) a determination of release or substantial threat of release of a
hazardous substance or pesticide or of petroleum by the United States
Environmental Protection Agency or the Illinois Environmental Protection
Agency, or the Illinois Pollution Control Board or any court; or (ii) both an
environmental audit report by a nationally recognized independent
environmental auditor having a reputation for expertise in these matters and a
copy of the signed Review and Evaluation Services Agreement indicating
acceptance of the site by the Illinois Environmental Protection Agency into the
Pre-Notice Site Cleanup Program,
(12) if it includes a vacant industrial buildings conservation area, the
following: (i) a
general description of any proposed developer, (ii) user and tenant of any
building or buildings, (iii) a description of the type, structure and general
character of
the building or buildings to be developed, and (iv) a description of the type,
class and
number of new employees to be employed or existing employees to be retained in
the operation of the building or buildings to be
redeveloped,
and (13) if property is to be annexed to the municipality, the
terms
of the annexation agreement.
No redevelopment plan shall be adopted by a
municipality without findings that:
(1) the redevelopment project area or redevelopment | ||
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(2) the redevelopment plan and project conform to the | ||
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(3) that the redevelopment plan is reasonably | ||
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(4) the estimated date of completion of the | ||
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(5) in the case of an industrial park conservation | ||
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(6) in the case of an environmentally contaminated | ||
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(7) in the case of a vacant industrial buildings | ||
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(m) "Redevelopment project" means any public or private development
project in furtherance of the objectives of a redevelopment plan.
On and after the effective date of this amendatory Act of the 91st General
Assembly, no
redevelopment plan may be approved or amended to include the development
of vacant land (i) with a golf course and related clubhouse and other
facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
(n) "Redevelopment project area" means a contiguous area
designated
by the municipality that is not less in the aggregate than 1 1/2 acres,
and for which the municipality has made a finding that there exist
conditions that cause the area to be classified as an industrial park
conservation area, a vacant industrial building conservation area,
an environmentally contaminated area or a combination of these
types of areas. For purposes of this Division, parcels are contiguous if they touch or join one another in a reasonably substantial physical sense or if they meet the criteria for annexation to a municipality under Section 7-1-1 of this Code.
The changes made by this amendatory Act of the 102nd General Assembly, are declarative of existing law and shall be applied retroactively when substantively applicable, including all pending actions without regard to when the cause of action accrued; however, this amendatory Act of the 102nd General Assembly does not affect the rights of any party that is subject to a final judgment entered pursuant to the opinion of the September 23, 2021 Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444. (o) "Redevelopment project costs" means the sum total of all
reasonable or necessary costs incurred or estimated to be incurred by
the municipality, and
any of those costs incidental to a redevelopment plan and a redevelopment
project. These costs include, without limitation, the following:
(1) Costs of studies, surveys, development of plans, | ||
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(1.5) After July 1, 1999, annual administrative costs | ||
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(1.6) The cost of marketing sites within the | ||
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(2) Property assembly costs within a redevelopment | ||
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(3) Site preparation costs, including but not limited | ||
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(4) Costs of renovation, rehabilitation, | ||
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(5) Costs of construction within a redevelopment | ||
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(6) Costs of eliminating or removing contaminants and | ||
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(7) Costs of job training and retraining projects.
(8) Financing costs, including but not limited to all | ||
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(9) All or a portion of a taxing district's capital | ||
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(10) Relocation costs to the extent that a | ||
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(11) Payments in lieu of taxes.
(12) Costs of job training, retraining, advanced | ||
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(13) The interest costs incurred by redevelopers or | ||
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(A) interest costs shall be paid or reimbursed by | ||
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(B) such payments in any one year may not exceed | ||
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(C) except as provided in subparagraph (E), the | ||
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(D) interest costs shall be paid or reimbursed by | ||
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(E) if there are not sufficient funds available | ||
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(14) The costs of construction of new privately owned | ||
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If a special service area has been established under the Special Service
Area Tax Act, then any tax increment revenues derived from the tax imposed
thereunder to the Special Service Area Tax Act may be used within the
redevelopment project area for the purposes permitted by
that Act as well as the purposes permitted by this Act.
(p) "Redevelopment Planning Area" means an area so designated by a
municipality after the municipality has complied with all the findings and
procedures required to establish a redevelopment project area, including
the existence of conditions that qualify the area as an industrial park
conservation area, or an environmentally contaminated area, or a vacant
industrial
buildings
conservation area, or a combination of these types of
areas, and adopted a redevelopment plan and project for the planning area and
its included redevelopment project areas. The
area shall not be designated as a redevelopment planning area for more than
5
years, or 10 years in the case of a redevelopment planning area in the City of Rockford. At any time in the
5 years, or 10 years in the case of the City of Rockford, following that designation of the
redevelopment planning area, the municipality may designate the
redevelopment planning area, or any portion of the redevelopment
planning area,
as a redevelopment project area without making additional findings or
complying with additional procedures required for the creation of a
redevelopment project area.
An amendment of a redevelopment plan and project in accordance with the
findings and procedures of this Act after the designation of a redevelopment
planning area at any time within the
5 years after the designation of the
redevelopment planning area, or 10 years after the designation of the redevelopment planning area in the City of Rockford, shall not require new qualification of findings for
the redevelopment project area to be designated within the redevelopment
planning area.
The terms "redevelopment plan", "redevelopment project", and
"redevelopment project area" have the definitions set out in subsections (l),
(m), and (n), respectively.
(q) "Taxing districts" means counties, townships, municipalities, and
school, road, park, sanitary, mosquito abatement, forest preserve, public
health, fire protection, river conservancy, tuberculosis sanitarium and any
other municipal corporations or districts with the power to levy taxes.
(r) "Taxing districts' capital costs" means those costs of taxing districts
for capital improvements that are found by the municipal corporate authorities
to be necessary and a direct result of the redevelopment project.
(s) "Urban county" means a county with 240,000 or more inhabitants.
(t) "Vacant area", as used in subsection (a) of this Section,
means any parcel or combination of parcels of real property without
industrial, commercial and residential buildings that has not been used for
commercial agricultural purposes within 5 years before the designation of
the redevelopment project area, unless that parcel is included in an
industrial park conservation area.
(Source: P.A. 102-818, eff. 5-13-22.)
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(65 ILCS 5/11-74.6-15)
Sec. 11-74.6-15. Municipal Powers and Duties. A municipality may:
(a) By ordinance introduced in the governing body of the municipality
within 14 to 90 days from the final adjournment of the hearing specified in
Section 11-74.6-22, approve redevelopment plans and redevelopment
projects, and designate redevelopment planning areas and redevelopment project
areas pursuant to notice and
hearing required by this Act. No redevelopment planning area or redevelopment
project area shall be
designated unless a plan and project are approved before the designation of
the area and the area shall include only those parcels of real
property and improvements on those parcels substantially benefited by the
proposed redevelopment project improvements.
Upon adoption of the ordinances, the municipality shall forthwith transmit to
the county clerk of the county or counties within which the redevelopment
project area is located a certified copy of the ordinances, a legal description
of the redevelopment project area, a map of the redevelopment project area,
identification of the year that the county clerk shall use for determining the
total initial equalized assessed value of the redevelopment project area
consistent with subsection (a) of Section 11-74.6-40, and a
list of the parcel or tax identification number of each parcel of property
included in the redevelopment project area.
(b) Make and enter into all contracts necessary or incidental to the
implementation and furtherance of its redevelopment plan and project.
(c) Within a redevelopment project area, acquire by purchase,
donation, lease or eminent domain; own, convey, lease, mortgage or
dispose of land and other property, real or personal, or rights or
interests therein, and grant or acquire licenses, easements and options
with respect to that property, all in the manner and at a price that the
municipality determines is reasonably necessary to achieve the objectives
of the redevelopment plan and project. No conveyance, lease, mortgage,
disposition of land or other property owned by a municipality, or agreement
relating to the
development of the municipal property shall be made or executed except
pursuant to prior official action of the corporate authorities of the
municipality. No conveyance,
lease, mortgage, or other disposition of land owned by a municipality, and
no agreement relating to the
development of the municipal property, shall be made without making public
disclosure of
the terms and the disposition of all bids and proposals submitted to the
municipality in connection therewith. The procedures for obtaining the bids
and proposals
shall provide reasonable opportunity for any person to submit alternative
proposals
or bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings, structures, fixtures,
utilities or improvements, and to clear and grade land.
(e) Within a redevelopment project area, renovate or rehabilitate or
construct any structure or building, as permitted under this Law.
(f) Within or without a redevelopment project area, install, repair,
construct, reconstruct or relocate streets,
utilities and site improvements essential to the preparation of the
redevelopment area for use in accordance with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and collect fees,
rents and charges for the use of all or any part of any building or
property owned or leased by it.
(h) Issue obligations as provided in this Act.
(i) Accept grants, guarantees and donations of property, labor, or other
things of value from a public or private source for use within a project
redevelopment area.
(j) Acquire and construct public facilities within a redevelopment
project area, as permitted under this Law.
(k) Incur, pay or cause to be paid redevelopment project costs; provided,
however,
that on and
after the effective date of this amendatory
Act of the 91st General Assembly, no municipality shall incur redevelopment
project costs (except
for planning and other eligible costs authorized by municipal ordinance or
resolution that are subsequently included in the redevelopment plan for the
area and are incurred after the ordinance or resolution is adopted) that are
not consistent with the program for
accomplishing the objectives of the
redevelopment plan as included in that plan and approved by the
municipality until the municipality has amended
the redevelopment plan as provided elsewhere in this Law.
Any payments to be made by the municipality to redevelopers or other
nongovernmental persons for redevelopment project costs incurred by
such redeveloper or other nongovernmental person shall be made only pursuant
to the prior official action of the municipality evidencing an intent to
pay or cause to be paid such redevelopment project costs. A
municipality is not required to obtain any right, title or interest in any
real or personal property in order to pay redevelopment project
costs associated with such property. The municipality shall adopt such
accounting procedures as may be necessary to determine that such redevelopment
project costs are properly paid.
(l) Create a commission of not less than 5 or more than 15 persons to
be appointed by the mayor or president of the municipality with the consent
of the majority of the governing board of the municipality. Members of a
commission appointed after the effective date of this Law
shall be appointed for initial terms of 1, 2, 3, 4 and 5 years,
respectively, in numbers so that the terms of not more than
1/3 of all members expire in any one year. Their successors
shall be appointed for a term of 5 years. The commission, subject to
approval of the corporate authorities of the municipality, may exercise the
powers enumerated in this Section. The commission shall also have the power
to hold the public hearings required by this Act and make recommendations
to the corporate authorities concerning the adoption of redevelopment
plans, redevelopment projects and designation of redevelopment project areas.
(m) Make payment in lieu of all or a portion of real property taxes due
to taxing districts. If payments in lieu of all or a portion of taxes are
made to taxing districts, those payments shall be made to all districts
within a redevelopment project area on a basis that is proportional to the
current collection of revenue which each taxing district receives from real
property in the redevelopment project area.
(n) Exercise any and all other powers necessary to effectuate the
purposes of this Act.
(o) In conjunction with other municipalities, undertake and perform
redevelopment plans and projects and utilize the provisions of the Act
wherever they have contiguous redevelopment project areas or they determine
to adopt tax increment allocation financing with respect to a redevelopment
project area that includes contiguous real property within the boundaries
of the municipalities, and, by agreement between participating
municipalities, to issue obligations, separately or jointly, and expend
revenues received under this Act for eligible expenses anywhere within
contiguous redevelopment project areas or as otherwise permitted in the Act. Two or more municipalities may designate a joint redevelopment project area under this subsection (o) for a single Industrial Park Conservation Area comprising of property within or near the boundaries of each municipality if: (i) both municipalities are located within the same Metropolitan Statistical Area, as defined by the United States Office of Management and Budget, (ii) the 4-year average unemployment rate for that Metropolitan Statistical Area was at least 11.3%, and (iii) at least one participating municipality demonstrates that it has made commitments to acquire capital assets to commence the project and that the acquisition will occur on or before December 31, 2011. The joint redevelopment project area must encompass an interstate highway exchange for access and be located, in part, adjacent to a landfill or other solid waste disposal facility.
(p) Create an Industrial Jobs Recovery Advisory Committee of not more
than 15 members to be appointed by the mayor or president of the
municipality with the consent of the majority of the governing board of the
municipality. The members of that Committee shall be appointed for initial
terms of 1, 2, and 3 years respectively, in numbers so that the terms of
not more than 1/3 of all members expire in any one year. Their successors
shall be appointed for a term of 3 years. The Committee shall have none of
the powers enumerated in this Section. The Committee shall serve in an
advisory capacity only. The Committee may advise the governing board of
the municipality and other municipal officials regarding development issues
and opportunities within the redevelopment project area. The Committee may
also promote and publicize development opportunities in the redevelopment
project area.
(q) If a redevelopment project has not been initiated in a redevelopment
project area within 5 years after the area was designated by ordinance under
subsection (a), the municipality shall adopt an ordinance repealing the area's
designation as a redevelopment project area. Initiation of a redevelopment
project shall be evidenced by either a signed redevelopment agreement or
expenditures on eligible redevelopment project costs associated with a
redevelopment project.
(r) Within a redevelopment planning area, transfer or loan tax increment
revenues from one redevelopment project area to another redevelopment project
area for expenditure on eligible costs in the receiving area.
(s) Use tax increment revenue produced in a redevelopment project area
created under this Law by transferring or loaning such revenues to a
redevelopment project area created under the Tax Increment Allocation
Redevelopment Act that is either contiguous to, or separated only by a public
right of way from, the redevelopment project area that initially produced and
received those revenues.
(t) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.6-30) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.6-35 of this Act is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on September 23, 1997 by the City of Granite City. (Source: P.A. 99-263, eff. 8-4-15.)
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(65 ILCS 5/11-74.6-18)
Sec. 11-74.6-18.
If any member of the corporate authority, a member of a
commission
established under subsection (l) of Section 11-74.6-15, or an employee
or consultant of the municipality involved in the planning, analysis,
preparation or administration
of a redevelopment plan, or project for a redevelopment project area or
proposed redevelopment project area, as defined in Section 11-74.6-10,
owns or controls any interest, direct or indirect, in any property included in
any redevelopment
area, or proposed redevelopment area, he or she shall disclose that
interest in writing to the clerk of the municipality, and shall also so
disclose the dates, terms and conditions of any disposition of that
interest. These disclosures shall be acknowledged by the corporate
authorities and entered upon the official records and files of the corporate
authorities. If an individual holds such an interest, then that individual
shall refrain from any further official involvement, in regard to the
redevelopment plan, project or area, from voting on any matter pertaining
to that redevelopment plan, project or area, or communicating with other
members, corporate authorities, commissions, employees or consultants of the
municipality concerning any
matter pertaining to that redevelopment plan, project or area. No member
or employee shall acquire any interest, direct or indirect, in any property
in a redevelopment area or proposed redevelopment area after either the
individual obtains knowledge of that plan, project or area, or, after the
first public notice of that plan, project or area under Section 11-74.6-25,
whichever occurs first.
For the purposes of this Section, a month-to-month leasehold interest
shall not be deemed to constitute an interest in any property included in any
redevelopment area or proposed redevelopment area.
(Source: P.A. 91-474, eff. 11-1-99.)
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(65 ILCS 5/11-74.6-20)
Sec. 11-74.6-20.
If a municipality or a commission designated pursuant to
subsection (l) of Section 11-74.6-15 adopts an ordinance or resolution
providing for a feasibility study on the designation of an area as a
redevelopment project area, a copy of the ordinance or resolution shall be sent
by certified mail within a reasonable time to all taxing districts that would
be affected by the designation.
On and after the effective date of this amendatory Act of the 91st General
Assembly, the
ordinance
or resolution shall include:
(1) The boundaries of the area to be studied for | ||
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(2) The purpose or purposes of the proposed | ||
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(3) A general description of tax increment allocation | ||
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(4) The name, phone number, and address of the | ||
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(Source: P.A. 91-474, eff. 11-1-99.)
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(65 ILCS 5/11-74.6-22)
Sec. 11-74.6-22. Adoption of ordinance; requirements; changes.
(a) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a redevelopment project area,
or both, or approving a
redevelopment plan or redevelopment project, the municipality or commission
designated pursuant to subsection (l) of Section 11-74.6-15 shall fix by
ordinance or resolution
a time and place for public hearing.
Prior to the adoption of the ordinance or resolution establishing the time and
place for the public hearing, the municipality shall make available for public
inspection a redevelopment plan or a report that provides in sufficient detail,
the basis for the eligibility of the
redevelopment project area. The report
along with the name of a
person to contact for further information shall be sent to the affected taxing
district by certified mail within a reasonable time following the adoption of
the ordinance or resolution establishing the time and place for the public
hearing.
At the public hearing any
interested person or affected taxing district may file with the
municipal clerk written objections to the ordinance and may be heard orally
on any issues that are the subject of the hearing. The municipality shall
hear and determine all alternate proposals or bids for any proposed conveyance,
lease, mortgage or other disposition of land and all protests and objections at
the hearing and the
hearing may be adjourned to another date without further notice other than
a motion to be entered upon the minutes fixing the time and place of the
later hearing.
At the public hearing or at any time prior to the adoption by the
municipality of an ordinance approving a redevelopment plan, the
municipality may make changes in the redevelopment plan. Changes
which (1) add additional parcels of property to the proposed redevelopment
project
area, (2) substantially affect the general land uses proposed in the
redevelopment plan, or (3) substantially change the nature of or extend the
life of the redevelopment
project shall be made only after the
municipality gives notice, convenes a joint review board, and conducts a public
hearing pursuant to the procedures set forth in this Section and in Section
11-74.6-25. Changes which do not (1) add additional parcels of
property to the proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, or (3) substantially
change the nature of or extend the life of the redevelopment project may be
made without further hearing, provided that the municipality shall give notice
of any such changes by mail to each affected taxing district and by publication
once in a newspaper of general circulation within the affected taxing district.
Such notice by mail and by publication shall each occur not later than 10 days
following the adoption by ordinance of such changes.
(b) Before adoption of an ordinance proposing the designation of a
redevelopment planning area or a redevelopment project area, or both, or
amending the boundaries of an existing
redevelopment project area or redevelopment planning area, or both, the
municipality shall convene a joint review
board to consider the proposal. The board shall consist of a
representative selected by each taxing district that has
authority to levy real property taxes on the property within the proposed
redevelopment project area and that has at least 5% of its total equalized
assessed value located within the proposed redevelopment project area, a
representative selected by the municipality
and a public member. The public member and the board's chairperson shall
be selected by a majority of other board members.
All board members shall be appointed and the first board meeting held
within 14 days following the notice by the municipality to all the taxing
districts as required by subsection (c) of Section 11-74.6-25. The notice
shall also advise the taxing bodies represented on the joint review board
of the time and place of the first meeting of the board. Additional
meetings of the board shall be held upon the call of any 2 members. The
municipality seeking designation of the redevelopment project area may provide
administrative support to the board.
The board shall review the public record, planning documents and
proposed ordinances approving the redevelopment plan and project to be
adopted by the municipality. As part of its deliberations, the board may
hold additional hearings on the proposal. A board's recommendation, if any,
shall be a written recommendation adopted by a
majority vote of the board and submitted to the municipality within 30 days
after the board convenes. A board's recommendation shall be binding upon the
municipality. Failure of the board to submit
its recommendation on a timely basis shall not be cause to delay the public
hearing or the process of establishing or amending the
redevelopment project area. The board's recommendation on the proposal
shall be based upon the area satisfying the applicable eligibility criteria
defined in Section 11-74.6-10 and whether there is a basis for the
municipal findings set forth in the redevelopment plan as required by this
Act. If the board does not file a recommendation it shall be presumed that
the board has found that the redevelopment project area satisfies the
eligibility criteria.
(c) After a municipality has by ordinance approved a redevelopment plan
and designated a redevelopment planning area or a redevelopment project area,
or both, the plan may be
amended and additional properties may be added to the redevelopment project
area only as herein provided. Amendments
which (1) add additional parcels of property to the proposed redevelopment
project
area, (2) substantially affect the general land uses proposed in the
redevelopment plan, (3) substantially change the nature of the redevelopment
project,
(4) increase the total estimated
redevelopment project costs set out in the redevelopment plan by more than 5%
after adjustment for inflation from the date the plan was adopted, or
(5) add additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan
shall be made only after the municipality gives notice,
convenes a joint review board, and conducts a public hearing pursuant to the
procedures set forth in this Section and in Section 11-74.6-25.
Changes which do not (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change the nature
of the redevelopment project, (4) increase the total estimated redevelopment
project cost set out in the redevelopment plan by more than 5% after adjustment
for inflation from the date the plan was adopted, or (5) add additional
redevelopment project costs to the itemized list of redevelopment project costs
set out in the redevelopment plan
may be made without further hearing, provided that the municipality
shall give notice of any such changes by mail to each affected taxing district
and by publication once in a newspaper of general circulation within the affected
taxing district. Such notice by mail and by publication shall each occur not
later than 10 days following the adoption by ordinance of such changes. Notwithstanding Section 11-74.6-50, the redevelopment project area established by an ordinance adopted in its final form on December 19, 2011 by the City of Loves Park may be expanded by the adoption of an ordinance to that effect without further hearing or notice to include land that (i) is at least in part contiguous to the existing redevelopment project area, (ii) does not exceed approximately 16.56 acres, (iii) at the time of the establishment of the redevelopment project area would have been otherwise eligible for inclusion in the redevelopment project area, and (iv) is zoned so as to comply with this Act prior to its inclusion in the redevelopment project area.
(d) After the effective date of this amendatory Act of the 91st General
Assembly, a
municipality shall
submit the following information for each redevelopment project area (i) to
the State Comptroller under Section 8-8-3.5 of the Illinois Municipal Code, subject to any extensions or exemptions provided at the Comptroller's discretion under that Section, and (ii) to all taxing districts overlapping
the
redevelopment project area
no later than 180
days after the close of each municipal fiscal year or as soon thereafter as
the audited financial statements become available and, in any case, shall be
submitted before the annual meeting of the joint review board to each of the
taxing districts that overlap the redevelopment project area:
(1) Any amendments to the redevelopment plan, or the | ||
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(1.5) A list of the redevelopment project areas | ||
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(2) Audited financial statements of the special tax | ||
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(3) Certification of the Chief Executive Officer of | ||
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(4) An opinion of legal counsel that the municipality | ||
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(5) An analysis of the special tax allocation fund | ||
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(A) the balance in the special tax allocation | ||
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(B) all amounts deposited in the special tax | ||
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(C) an itemized list of all expenditures from the | ||
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(D) the balance in the special tax allocation | ||
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(6) A description of all property purchased by the | ||
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(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities | ||
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(A) Any project implemented in the preceding | ||
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(B) A description of the redevelopment activities | ||
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(C) A description of any agreements entered into | ||
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(D) Additional information on the use of all | ||
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(E) Information regarding contracts that the | ||
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(F) Any reports submitted to the municipality by | ||
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(G) A review of public and, to the extent | ||
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(8) With regard to any obligations issued by the | ||
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(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or | ||
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(9) For special tax allocation funds that have | ||
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In addition to information required to be reported under this Section, for Fiscal Year 2022 and each fiscal year thereafter, reporting municipalities shall also report to the Comptroller annually in a manner and format prescribed by the Comptroller: (1) the number of jobs, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development to date for that reporting period under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of the approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. Stated rates of return required to be reported in item (5) shall be independently verified by a third party chosen by the municipality. Reporting municipalities shall also report to the Comptroller a copy of the redevelopment plan each time the redevelopment plan is enacted, amended, or extended in a manner and format prescribed by the Comptroller. These requirements shall only apply to redevelopment projects beginning in or after Fiscal Year 2022. (e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the redevelopment
project audit for that fiscal year becomes available to review the
effectiveness and status of the redevelopment project area up to that date.
(Source: P.A. 102-127, eff. 7-23-21.)
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(65 ILCS 5/11-74.6-25)
Sec. 11-74.6-25.
Notice of public hearing.
(a) Except as provided in this Section, notice of the public hearing
shall be given by publication and mailing. Notice by publication
shall be given by publication at least twice, the first publication to be
not more than 30 or less than 10 days prior to the hearing, in a newspaper
of general circulation within the taxing districts levying taxes on real
property in the proposed redevelopment project area. Notice by mailing
shall be given by certified mail in the United States Postal Service
to each person or persons in whose name the general taxes for the
last preceding year were paid on each lot, block, tract, or parcel of land
lying within the project redevelopment area. The notice shall be mailed
not less than 10 days before the date set for the public hearing.
If taxes were not paid in the last preceding year, the notice shall
also be sent to the person or persons most recently listed as the owner of
the real property in the office of the assessing official in whose
jurisdiction the property is situated.
(b) The notices issued under this Section shall include the following:
(1) the time and place of public hearing;
(2) the boundaries of the proposed redevelopment | ||
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(3) a notification that all interested persons will | ||
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(4) an invitation for any person to submit | ||
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(5) a description of the redevelopment plan or | ||
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(6) other matters the municipality may deem | ||
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(c) Not less than 45 days before the date set for hearing, the
municipality shall give notice by mail as provided in subsection (a) to all
taxing districts that levy taxes on real property included in the redevelopment
project area, and to the Department, and in addition to the
other requirements provided in
subsection (b), the notice shall also include a request that the Department
and each affected taxing district submit
comments to the municipality concerning the subject matter of the hearing
before the date of hearing.
(Source: P.A. 88-537.)
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(65 ILCS 5/11-74.6-30)
Sec. 11-74.6-30.
Financing.
Obligations secured by the special tax
allocation fund set forth in Section 11-74.6-35 for the redevelopment
project area may be issued to provide for redevelopment project costs.
Those obligations, when so issued, shall be retired in the manner provided
in the ordinance authorizing the issuance of those obligations by the
receipts of taxes levied as specified in Section 11-74.6-40 against the
taxable real property included in the area and any other revenue designated by
the
municipality. A municipality may in the ordinance pledge all or any part
of the funds in and to be deposited into the special tax allocation fund
created under Section 11-74.6-35 to the payment of the redevelopment
project costs and obligations. Any pledge of funds in the special tax
allocation fund shall provide for distribution to the taxing districts of
moneys not required, pledged, earmarked, or otherwise designated for
payment and securing
of the obligations and anticipated redevelopment project costs,
and any excess funds shall be calculated annually and deemed to be
"surplus" funds. If a municipality applies or pledges only a portion of
the
funds in the special tax allocation fund for the payment or securing of
anticipated redevelopment
project costs or of obligations, any funds remaining in the special tax
allocation fund after complying with the requirements of the application or
pledge shall
also be calculated annually and deemed "surplus" funds. All surplus funds
in the special tax allocation fund shall be distributed annually within 180
days after the close of the municipality's fiscal year by being paid by the
municipal treasurer to the county collector in direct proportion to the tax
incremental revenue received as a result of an increase in the equalized
assessed value of property in the redevelopment project area but not to
exceed as to each such source the total incremental revenue received from
that source. The county collector shall subsequently distribute surplus
funds to the respective taxing districts in the same manner and proportion
as the most recent distribution by the county collector to the affected
taxing districts of real property taxes from real property in the
redevelopment project area.
Without limiting the foregoing provisions of this Section,
in addition to obligations secured by the special tax allocation fund, the
municipality may pledge, for a period not greater than the term of the
obligations, towards payment of those obligations any part or any
combination of the following: (i) net revenues of all or part of any
redevelopment project; (ii) taxes levied and collected on any or all real
property in the municipality; (iii) the full faith and credit of the
municipality; (iv) a mortgage on part or all of the redevelopment project;
or (v) any other taxes or anticipated receipts that the municipality may lawfully pledge.
The obligations may be issued in one or more series bearing interest at
a rate or rates that the corporate authorities of the municipality
determine by ordinance. The obligations shall bear a date or dates,
mature at a time or times, not exceeding 20 years from their respective
issue dates, be in a denomination, carry registration privileges, be executed
in a manner, be payable in a medium of payment at a place or places,
contain covenants, terms and conditions, and be subject to redemption
as the ordinance provides. Obligations issued under this Law
may be sold at public or private sale at a price determined
by the corporate authority of the municipality. No referendum approval
of the electors shall be required as a condition for the issuance of
obligations under this Division, except as provided in this Section.
If the municipality authorizes issuance of obligations under
the authority of this Division secured by the full faith and credit of
the municipality, which obligations are other than obligations that may
be issued under home rule powers provided by Section 6 of Article VII
of the Illinois Constitution, or pledges taxes levied and collected on
real property in the municipality or pledges the full faith and credit of
the municipality, the ordinance authorizing the issuance of those
obligations or pledging those taxes or the municipality's full faith and
credit shall be published within 10 days after the ordinance has been
passed in one or more newspapers with general circulation within that
municipality. The publication of the ordinance shall be accompanied by a
notice of (i) the specific number of voters required to sign a petition
requesting the question of the issuance of those obligations or pledging
taxes to be submitted to the electors, (ii) the time
in which the petition must be filed, and (iii) 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, as provided
in this Section, within 30 days after the publication of the ordinance,
the ordinance shall become effective. If, however, within that 30 day
period, a petition is filed with the municipal clerk, signed by electors
numbering not less than 10% of the number of registered voters in the
municipality, asking that the
question of issuing obligations using full faith and credit of the
municipality as security for the cost of paying for redevelopment project
costs, or of pledging taxes for the payment of those obligations, or both,
be submitted to the electors of the municipality, the corporate authorities
of the municipality shall call a special election in the manner provided by
law to vote upon that question, or, if a general, State or municipal
election is to be held within a period of not less than 30 or more than 90
days from the date the petition is filed, shall submit the question at that
general, State or municipal election. If it appears upon the canvass of
the election by the corporate authorities that a majority of electors
voting upon the question voted in favor of the question, the ordinance
shall be effective, but if a majority of the electors voting upon the
question are not in favor of the question, the ordinance shall not take effect.
The ordinance authorizing the obligations may provide that the obligations
shall contain a recital that they are issued under this Law.
The recital shall be conclusive evidence of their validity and of the
regularity of their issuance.
In the event the municipality authorizes issuance of obligations under
this Section secured by the full faith and credit of the municipality,
the ordinance authorizing the obligations may provide for the levy and
collection of a direct annual tax upon all taxable property within the
municipality sufficient to pay the principal of and interest on the obligations
as they mature. The levy may be in addition to and exclusive of the
maximum of all other taxes authorized to be levied by the municipality.
The levy, however, shall be abated to the extent that moneys from other
sources are available for payment of the obligations and the municipality
certifies the amount of those moneys available to the county clerk.
A certified copy of the ordinance shall be filed with the county clerk
of each county in which any portion of the municipality is situated, and
shall constitute the authority for the extension and collection of the taxes
to be deposited in the special tax allocation fund.
A municipality may also issue its obligations to refund, in whole or in
part, obligations previously issued by the municipality under the authority
of this Law, whether at or before maturity, except that the
last maturity of the refunding obligations shall not be expressed to mature
later than
December 31 of the year in which the payment to the municipal
treasurer as provided in subsection (b) of Section 11-74.6-35 is to
be made with respect to ad valorem taxes levied in the twenty-third
calendar year after the year in which the ordinance approving the
redevelopment project area is adopted.
If a municipality issues obligations under home rule powers or
other legislative authority, the proceeds of which are pledged to pay
for redevelopment project costs, the municipality may, if it has followed
the procedures in conformance with this Law, retire those obligations
from funds in the special tax allocation fund in amounts and in the same manner
as if those obligations had been issued under the provisions of this Law.
No obligations issued under this Law shall be regarded as indebtedness of
the municipality issuing the obligations or any other taxing district for
the purpose of any limitation imposed by law.
(Source: P.A. 91-474, eff. 11-1-99.)
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(65 ILCS 5/11-74.6-35)
Sec. 11-74.6-35. Ordinance for tax increment allocation financing.
(a) A municipality, at the time a redevelopment project area
is designated, may adopt tax increment allocation financing by passing an
ordinance providing that the ad valorem taxes, if any, arising from the
levies upon taxable real property within the redevelopment project
area by taxing districts and tax rates determined in the manner provided
in subsection (b) of Section 11-74.6-40 each year after the effective
date of the ordinance until redevelopment project costs and all municipal
obligations financing redevelopment project costs incurred under this Act
have been paid shall be divided as follows:
(1) That portion of the taxes levied upon each | ||
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(2) That portion, if any, of those taxes that is | ||
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(A) The total equalized assessed value of the | ||
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(B) Not more than 50% of the total equalized | ||
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(C) The municipal clerk has certified to the | ||
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The conditions of paragraphs (A) through (C) do not apply after December
31, 1999 to payments to a municipal treasurer
made by a county with 3,000,000 or more inhabitants that has adopted an
estimated billing procedure for collecting taxes.
If a county that has adopted the estimated billing
procedure makes an erroneous overpayment of tax revenue to the municipal
treasurer, then the county may seek a refund of that overpayment.
The county shall send the municipal treasurer a notice of liability for the
overpayment on or before the mailing date of the next real estate tax bill
within the county. The refund shall be limited to the amount of the
overpayment.
(b) It is the intent of this Act that a municipality's own ad valorem
tax arising from levies on taxable real property be included in the
determination of incremental revenue in the manner provided in paragraph
(b) of Section 11-74.6-40.
(c) If a municipality has adopted tax increment allocation financing for a
redevelopment project area by
ordinance and the county clerk thereafter certifies the total initial
equalized assessed value or the total updated initial equalized
assessed value of the taxable real property within such redevelopment
project area in the manner provided in paragraph (a) or (b) of Section
11-74.6-40, each year after the date of the certification of the total
initial equalized assessed value or the total updated initial
equalized assessed value until redevelopment project costs and all
municipal obligations financing redevelopment project costs have been paid,
the ad valorem taxes, if any, arising from the levies upon the taxable real
property in the redevelopment project area by taxing districts and tax
rates determined in the manner provided in paragraph (b) of Section
11-74.6-40 shall be divided as follows:
(1) That portion of the taxes levied upon each | ||
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(2) That portion, if any, of those taxes that is | ||
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(d) The municipality may pledge in the ordinance the funds in and to be
deposited in the special tax allocation fund for the payment of
redevelopment project costs and obligations. No part of the current
equalized assessed value of each property in the redevelopment project
area attributable to any increase above the total initial equalized
assessed value
or the total initial updated equalized assessed value of the property,
shall be used in calculating the general State aid formula, provided
for in Section 18-8 of the School Code, or the evidence-based funding formula, provided for in Section 18-8.15 of the School Code, until all redevelopment project
costs have been paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose of financing
redevelopment project costs, that municipality may provide by ordinance for the
appointment of a trustee, which may be any trust company within the State,
and for the establishment of any funds or accounts to be maintained by
that trustee, as the municipality deems necessary to provide for the
security and payment of the bonds. If the municipality provides for
the appointment of a trustee, the trustee shall be considered the assignee
of any payments assigned by the municipality under that ordinance
and this Section. Any amounts paid to the trustee as
assignee shall be deposited into the funds or accounts established
under the trust agreement, and shall be held by the trustee in trust for the
benefit of the holders of the bonds. The holders of those bonds shall have a
lien on and a security interest in those funds or accounts while the
bonds remain outstanding and unpaid. Upon retirement of the bonds,
the trustee shall pay over any excess amounts held to the municipality for
deposit in the special tax allocation fund.
When the redevelopment projects costs, including without limitation all
municipal obligations financing redevelopment project costs incurred under
this Law, have been paid, all surplus funds then remaining in the
special tax allocation fund shall be distributed by being paid by the
municipal treasurer to the municipality and the county collector; first to
the municipality in direct proportion to the tax incremental revenue
received from the municipality, but not to exceed the total incremental
revenue received from the municipality, minus any annual surplus
distribution of incremental revenue previously made. Any remaining funds
shall be paid to the county collector who shall immediately distribute that
payment to the taxing districts in the redevelopment project area in the
same manner and proportion as the most recent distribution by the county
collector to the affected districts of real property taxes from real
property situated in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of
obligations and the distribution of any excess moneys under this
Section, the municipality shall adopt an ordinance dissolving the special
tax allocation fund for the redevelopment project area and terminating the
designation of the redevelopment project area as a redevelopment project
area. Thereafter the tax levies of taxing districts shall be extended,
collected and distributed in the same manner applicable
before the adoption of tax increment allocation financing.
Municipality shall notify affected taxing districts prior to November if the
redevelopment project area is to be terminated by December 31 of that same
year.
Nothing in this Section shall be construed as relieving property in a
redevelopment project area from being assessed as provided in the Property
Tax Code or as relieving owners of that property
from paying a uniform rate of taxes, as required by Section 4 of Article IX
of the Illinois Constitution.
(Source: P.A. 102-558, eff. 8-20-21.)
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(65 ILCS 5/11-74.6-37)
Sec. 11-74.6-37.
Cancellation and repayment of tax benefits.
Any tax
abatement or
benefit granted by a taxing district under an agreement entered into under this
Act to a private individual or entity for the purpose of originating, locating,
maintaining, rehabilitating, or expanding a business facility shall be
cancelled if the individual or entity relocated its entire facility in
violation of the agreement, and the amount of the abatements or tax benefits
granted before the cancellation shall be repaid to the taxing district within
30 days, as provided in Section 18-183 of the Property Tax Code.
(Source: P.A. 89-591, eff. 8-1-96.)
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(65 ILCS 5/11-74.6-40)
Sec. 11-74.6-40. Equalized assessed value determination; property tax
extension.
(a) If a municipality by ordinance provides for tax increment allocation
financing under Section 11-74.6-35, the county clerk immediately thereafter:
(1) shall determine the initial equalized assessed | ||
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(2) shall certify to the municipality the total | ||
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(b) Any municipality that has established a vacant industrial
buildings conservation area may, by ordinance passed after
the adoption of tax increment allocation financing, provide that the county
clerk immediately thereafter shall again determine:
(1) the updated initial equalized assessed value of | ||
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(2) the total updated initial equalized assessed | ||
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The county clerk shall certify to the municipality the total updated
initial equalized assessed value of all taxable real property within the
industrial buildings conservation area.
(c) After the county clerk has certified the total initial
equalized assessed value or the total updated initial equalized assessed
value of the taxable real property in the area, for each taxing district in
which a redevelopment project area is situated, the county clerk or any
other official required by law to determine the amount of the equalized
assessed value of all taxable property within
the district for the purpose of computing the percentage rate of tax to be
extended upon taxable property within the district, shall in every year
that tax increment allocation financing is in effect determine the total
equalized assessed value of taxable property in a redevelopment project area by
including in that amount the lower of the current equalized assessed value
or the certified total initial equalized assessed value or, if the total of
updated equalized assessed value has been certified, the total updated
initial equalized assessed value of all taxable real property in the
redevelopment project area. After he has certified the total initial
equalized assessed value he shall in the year of that
certification, if tax rates have not been extended, and in every subsequent
year that tax increment allocation financing is in effect, determine the
amount of equalized assessed value of taxable property in a redevelopment
project area by including in that amount the lower of the current total
equalized assessed value or the certified total initial equalized assessed
value or, if the total of updated initial equalized assessed values have been
certified, the total updated initial equalized assessed value of all taxable
real property in the redevelopment project area.
(d) The percentage rate of tax determined shall be extended on the
current equalized assessed value of all property in the redevelopment
project area in the same manner as the rate per cent of tax is extended to
all other taxable property in the taxing district. The method of extending
taxes established under this Section shall terminate when the municipality
adopts an ordinance dissolving the special tax allocation fund for the
redevelopment project area. This Law shall not be construed as relieving
property owners within a redevelopment project area from paying a uniform
rate of taxes upon the current equalized assessed value of their taxable
property as provided in the Property Tax Code.
(Source: P.A. 95-644, eff. 10-12-07.)
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(65 ILCS 5/11-74.6-45)
Sec. 11-74.6-45.
Expenditure of certain revenues.
(a) Revenues received
by the municipality from any property, building or facility owned, leased
or operated by the municipality or any agency or authority established by
the municipality may be used to pay redevelopment project costs, or reduce
outstanding obligations of the municipality incurred
under this Law for redevelopment project costs. The municipality may
deposit those revenues into a special tax allocation fund. The fund shall
be held by the municipal treasurer or other person designated by the
municipality. Revenue received by the municipality from the sale or other
disposition of real property acquired by the municipality with the proceeds
of obligations funded by tax increment allocation financing shall be
deposited by the municipality into the special tax allocation fund.
(b) (Blank).
(Source: P.A. 91-474, eff. 11-1-99.)
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(65 ILCS 5/11-74.6-50) Sec. 11-74.6-50. Report; sunset of authority. On or before the date which is 60 months following the
date
on which
this amendatory Act of 1994 becomes law, the Department shall submit to the
General Assembly a
report detailing the number of redevelopment project areas that have been
established, the number and type of jobs created or retained
therein, the aggregate amount of tax increment incentives provided, the
aggregate amount of private investment produced therein, the amount of tax
increment revenue produced and available for expenditure within the tax
increment financing districts and such additional
information
as the Department may determine to be relevant. On or after January 1, 2012 the authority
granted hereunder to municipalities to establish redevelopment
project areas and to adopt tax increment allocation financing in connection
therewith
shall expire unless the General Assembly shall have
authorized municipalities to continue to exercise said
powers.(Source: P.A. 96-1220, eff. 7-23-10.) |
(65 ILCS 5/Art 11 prec Div 75 heading)
LEASE, SALE AND TRANSFER OF PUBLIC PROPERTY
|
(65 ILCS 5/Art. 11 Div. 75 heading) DIVISION 75.
LEASE OF SPACE AROUND
MUNICIPAL BUILDINGS
|
(65 ILCS 5/11-75-1) (from Ch. 24, par. 11-75-1)
Sec. 11-75-1.
Every municipality has the power to lease the space above and
around buildings located on land owned or otherwise held by the
municipality to any person for any term not exceeding 99 years.
Every municipality has the power to lease, in the same manner and for a
similar term, any space over any street, alley, or other public place, in
the municipality, more than 12 feet above the level of the street, alley,
or other public place, to the person who owns the fee or a leasehold
estate, for a term not less than that of the proposed lease, in the
property on both sides of the portion of the street, alley, or other public
place so to be leased, whenever the corporate authorities of the
municipality are of the opinion that that space is not needed for street,
alley, or other public purpose, and that the public interest will be
subserved by such leasing. The leasing of such a space shall be authorized
by ordinance. In this ordinance the lease and its terms shall be set forth
with reasonable certainty.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-75-2) (from Ch. 24, par. 11-75-2)
Sec. 11-75-2.
The lease provided for in Section 11-75-1 by its terms shall
specify the purpose for which the leased space may be used. If the purpose
is to erect in the space a building above or around a building owned by the
municipality, the lease (1) shall contain a reasonably accurate description
of the building to be erected and of the manner in which it shall be
imposed upon or around the existing building of the municipality, (2) shall
contain a provision granting to the lessor municipality the option of
renting for municipal use from the lessee any part of the building to be
erected and stating the terms upon which this option may be exercised as
well as the rent which, after exercise of this option, shall be paid by the
municipality, and (3) shall contain a provision granting to the
municipality the option to purchase for municipal use the entire building
to be erected in the space leased and stating the terms upon which this
option may be exercised and the price which shall be paid for the building
by the municipality in the event it exercises its option to purchase.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-75-3) (from Ch. 24, par. 11-75-3)
Sec. 11-75-3.
Any building erected in the space leased, by exercise of the
power granted by Section 11-75-1, which is above or around buildings
located on land owned or otherwise held by the municipality shall be
operated, as far as practicable, separately and apart from any building
owned or operated by the municipality. No liability shall in any manner
attach to the municipality by reason of the erection or operation of the
building in the space so leased.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-75-4) (from Ch. 24, par. 11-75-4)
Sec. 11-75-4.
Such lease shall be signed in the name of the municipality by
the mayor or president and shall be attested by the municipal clerk under
the corporate seal. The lease shall also be executed by the lessee in such
manner as may be necessary to bind him. After being so executed, the lease
shall be duly acknowledged and thereupon shall be recorded in the office of
the recorder of the county in which is located the land involved
in the lease.
(Source: P.A. 83-358.)
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(65 ILCS 5/11-75-5) (from Ch. 24, par. 11-75-5)
Sec. 11-75-5. If, in the judgment of the corporate authorities, the public
interest requires that any building erected in the leased space be removed
so that a street, alley, or public place may be restored to its original
condition, the lessor municipality may condemn the lessee's interest in the
leased space by proceeding in the manner provided for the exercise of the
right of eminent domain under the Eminent Domain Act. After payment of such damages as may be fixed in the
condemnation proceedings, the municipality may remove all buildings or
other structures from the leased space and restore the buildings adjoining
the leased space to their original condition.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/Art. 11 Div. 76 heading) DIVISION 76.
SALE OR LEASE OF REAL OR
PERSONAL PROPERTY
|
(65 ILCS 5/11-76-1) (from Ch. 24, par. 11-76-1)
Sec. 11-76-1.
Any city or village incorporated under any general or special
law which acquires or holds any real estate for any purpose whatsoever,
except real estate granted to a municipality as commons by a grant which
has been confirmed by the government of the United States, has the power to
lease the real estate for any term not exceeding 99 years, and to convey
the real estate when, in the opinion of the corporate authorities, the real
estate is no longer necessary, appropriate, required for the use of,
profitable to, or for the best interests of the city or village. This power
shall be exercised by an ordinance passed by three-fourths of the corporate
authorities of the city or village then holding office, at any regular
meeting or at any special meeting called for that purpose. However, the
corporate authorities have the power to authorize any municipal officer to
make leases for terms not exceeding 2 years in such manner as they may
determine. The disposition of real estate acquired pursuant to Section 6 of
the "Urban Community Conservation Act", approved July 13, 1953, as
heretofore and hereafter amended, and acquired pursuant to Sections 12,
22 and 31 of the "Urban Renewal Consolidation Act of 1961", enacted by the
Seventy-Second General Assembly, and acquired pursuant to Division 11-11
by a municipality as the Local Public Agency under an urban renewal project
as defined therein, shall be exempt from the requirements of this section.
(Source: Laws 1967, p. 3425.)
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(65 ILCS 5/11-76-2) (from Ch. 24, par. 11-76-2)
Sec. 11-76-2.
An ordinance directing a sale, or a lease of real estate for
any term in excess of 20 years, shall specify the location of the real
estate, the use thereof, and such conditions with respect to further use of
the real estate as the corporate authorities may deem necessary and
desirable to the public interest. Before the corporate authorities of a
city or village make a sale, by virtue of such an ordinance, notice of the
proposal to sell shall be published once each week for 3 successive weeks
in a daily or weekly paper published in the city or village, or if there is
none, then in some paper published in the county in which the city or
village is located. The first publication shall be not less than 30 days
before the day provided in the notice for the opening of bids for the real
estate. The notice shall contain an accurate description of the property,
state the purpose for which it is used and at what meeting the bids will be
considered and opened, and shall advertise for bids therefor. All such bids
shall be opened only at a regular meeting of the corporate authorities. The
corporate authorities may accept the high bid or any other bid determined
to be in the best interest of the city or village by a vote of 3/4 of the
corporate authorities then holding office, but by a majority vote of those
holding office, they may reject any and all bids. The consideration for
such a sale may include but need not be limited to the provision of
off-street parking facilities by the purchaser, which parking facilities
may be made part of the municipal parking system. Such consideration also
may include the provision of other public facilities by the purchaser.
Before the corporate authorities of the city or village make a lease of
real estate for a term in excess of 20 years, they shall give notice of
intent to adopt such an ordinance. The notice must be published at least
once in a daily or weekly newspaper published in the city or village, and
if there is none, then in some paper published in the county in which the
city or village is located. The publication must be not less than 15 nor
more than 30 days before the date on which it is proposed to adopt such an
ordinance. The notice must contain an accurate description of the property,
state the purpose for which it is used and the restrictions upon the
proposed use of the property to be leased. The corporate authorities may
negotiate the consideration and terms of such lease. Such consideration may
include the provision of off-street parking facilities by the lessee, which
parking facilities may be made part of the municipal parking system. Such
consideration also may include the provision of other public facilities by
the lessee on the real estate acquired. The corporate authorities may
contract with the lessee for the use of a portion of a structure or
improvement to be constructed on the real estate leased.
If such real estate is utilized in part for private use and in part for
public use, those portions of the improvements devoted to private use are
fully taxable. The land shall be exempt from taxation to the extent that
the uses thereon are public and taxable to the extent that the uses are
private. The taxable portion of the land is that percentage of the land's
total assessed valuation that the private development thereon bears to the
total development thereon. Nothing in this Section prevents the corporate
authorities from determining to sell or lease such property to the highest
responsible bidder. The corporate authorities may provide by ordinance for
the procedure to be followed in securing bids for the sale or lease of the
subject property. The disposition of real estate acquired pursuant to (a)
Section 6 of the "Urban Community Conservation Act", approved July 13,
1953, as now or hereafter amended, (b) Sections 12, 22 and 31 of the "Urban
Renewal Consolidation Act of 1961", approved August 15, 1961, as now or
hereafter amended, or (c) Division 11 of this Article by a municipality as
the Local Public Agency under an urban renewal program as defined therein,
is exempt from the requirements of this Section. Additionally, leases to
persons or corporations of municipally-owned or operated airport lands,
buildings, structures or other facilities for the shelter, servicing,
manufacturing and repair of aircraft, aircraft parts or accessories, or for
receiving and discharging passengers and, or cargo, are exempt from the
requirements of this Section.
(Source: Laws 1968, p. 519.)
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(65 ILCS 5/11-76-3) (from Ch. 24, par. 11-76-3)
Sec. 11-76-3.
When the ordinance has been adopted and the consideration
paid or secured, as provided in Section 11-76-2, the mayor, or president,
and the municipal clerk, may convey the real estate and transfer it, by
proper deed of conveyance, stating therein the consideration therefor, with
the seal of the city or village.
(Source: Laws 1967, p. 3435.)
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(65 ILCS 5/11-76-4) (from Ch. 24, par. 11-76-4)
Sec. 11-76-4.
Whenever a city or village incorporated under any general or
special law, other than a city or village of 500,000 or more population,
owns any personal property which in the opinion of a simple majority of the
corporate authorities then holding office, is no longer necessary or useful
to, or for the best interests of the city or village, such a majority of
the corporate authorities then holding office, at any regular meeting or at
any special meeting called for that purpose, (1) by ordinance may authorize
the sale of that personal property in such manner as they may designate,
with or without advertising the sale, or (2) may authorize any municipal
officer to convert that personal property into some other form that is
useful to the city or village by using the material in the personal
property, or (3) may authorize any municipal officer to convey or turn in
any specified article of personal property as part payment on a new
purchase of any similar article. However, no article shall be turned in as
part of the purchase price on any purchase except upon receipt of
competitive bids, in such manner as may be prescribed by ordinance, after
notice to all bidders that the article will be turned over as part of the
purchase price.
In cities or villages of 500,000 or more population, the sale of any
such personal property shall be governed by the provisions of Division 10
of Article 8.
(Source: P.A. 88-355.)
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(65 ILCS 5/11-76-4.1) (from Ch. 24, par. 11-76-4.1)
Sec. 11-76-4.1.
Sale of surplus real estate.
The corporate
authorities of a municipality by resolution may authorize the sale or public
auction of
surplus public real estate. The value of the real estate shall be
determined by a written MAI certified appraisal or by a written certified
appraisal of a State certified or licensed real estate appraiser. The
appraisal shall be available for public inspection. The resolution may direct
the sale to be conducted by the staff of the municipality; by
listing
with local licensed real estate agencies, in which case the terms of the
agent's compensation shall be included in the resolution; or by public
auction. The resolution
shall be published at the first opportunity following its passage in a
newspaper published in the municipality or, if none, then in a newspaper
published in the county where the municipality is located. The resolution
shall also contain pertinent information concerning the size, use, and
zoning of the real estate and the terms of sale. The corporate authorities
may accept any contract proposal determined by them to be in the best
interest of the municipality by a vote of two-thirds of
the
corporate authorities then holding office, but in no event at a price
less
than 80% of the appraised value.
(Source: P.A. 88-355; 89-78, eff. 6-30-95.)
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(65 ILCS 5/11-76-4.2) (from Ch. 24, par. 11-76-4.2)
Sec. 11-76-4.2.
Surplus property; alternative method of sale.
(a) This Section applies to any municipality with a population of less
than 20,000 which is situated wholly or partially within a county that has
an unemployment rate, as determined by the Illinois Department of
Employment Security, higher than the national unemployment average, as
determined by the U.S. Department of Labor, for at least one month during
the 6 months preceding the adoption of a resolution to sell real estate
under this Section.
(b) If a municipality has either (1) adopted an ordinance to sell
surplus real estate under Section 11-76-2 and has received no bid on a
particular parcel or (2) adopted a resolution to sell surplus real estate
under Section 11-76-4.1 and has received no acceptable offer on a
particular parcel within 6 months after adoption of the resolution, then
that parcel of surplus real estate may be sold in the manner set forth in
subsection (c) of this Section.
(c) If the requirements of subsections (a) and (b) of this Section are
met, then the corporate authorities may, by resolution, authorize the sale
of a parcel of surplus public real estate in either of the following
manners: (1) by the staff of the municipality; (2) by listing with local
licensed real estate agencies; or (3) by public auction. The terms of the
sale, the compensation of the agent, if any, the time and the place of the
auction, if applicable, a legal description of the property and its size,
use and zoning shall be included in the resolution. The resolution shall
be published once each week for 3 successive weeks in a daily or weekly
newspaper published in the municipality or, if none, in a newspaper
published in the county in which the municipality is located. No sale may
be conducted until at least 30 days after the first publication. The
corporate authorities may accept any offer or bid determined by them to be
in the best interest of the municipality by a vote of three-fourths of the
corporate authorities then holding office.
(Source: P.A. 86-331.)
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(65 ILCS 5/11-76-5) (from Ch. 24, par. 11-76-5)
Sec. 11-76-5.
If, in the opinion of the corporate authorities of a
municipality with a population not exceeding 100,000 which is situated upon
the banks of a navigable river, the land owned by the municipality for the
purpose of a public landing or public levee, is not immediately required
for that purpose, the municipality may lease, for a period not exceeding 25
years, such parts of the landing or levee as the corporate authorities
think best, for the purpose of erecting manufactories, warehouses, or grain
elevators thereon.
No lease specified in this section shall take effect until approved by a
resolution or ordinance of the corporate authorities of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-76-6) (from Ch. 24, par. 11-76-6)
Sec. 11-76-6.
The corporate authorities of each municipality may enter into
a lease for a period of not to exceed 5 years for such equipment and
machinery as may be required for corporate purposes when authorized by the
affirmative vote of two-thirds of the corporate authorities.
(Source: Laws 1961, p. 2841.)
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(65 ILCS 5/Art. 11 Div. 76.1 heading) DIVISION 76.1.
PURCHASE OR LEASE OF REAL OR
PERSONAL PROPERTY
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(65 ILCS 5/11-76.1-1) (from Ch. 24, par. 11-76.1-1)
Sec. 11-76.1-1.
The corporate authorities of each municipality having a
population of less than 500,000 inhabitants have the power by ordinance
adopted by an affirmative vote of two-thirds of the elected corporate
authorities then holding office:
(i) To purchase or lease real or personal property for public purposes
pursuant to contracts or leases which provide for the consideration for
such purchase or lease to be paid in annual installments during a period
not exceeding 20 years;
(ii) To lease as lessee and to purchase real property or personal
property for public purposes pursuant to a lease or purchase agreement
which lease or purchase agreement may provide that the municipality may, at
its option, purchase the property which is subject to the agreement or
lease upon terms wherein payments previously made, or a portion of them,
are deducted from the purchase price of the property as provided for in
such lease or agreement.
A municipality, having adopted and filed with the municipal clerk such
installment or lease agreement, executed by officers of the municipality,
may issue debt certificates to any person either in lieu of or in evidence
of the amounts payable under such lease or installment agreement. Such
certificates may contain such terms as are provided for the issuance of
bonds generally under Section 10 of the Local Government Debt Reform Act, as
now or hereafter amended, except to the extent such terms expressly
conflict with limitations set forth in this Division. Cash proceeds
received upon issuance of such certificates shall be duly applied to the
acquisition and construction and payment for the real or personal property
which is the subject of such installment or lease agreement.
(Source: P.A. 85-1419.)
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(65 ILCS 5/11-76.1-2) (from Ch. 24, par. 11-76.1-2)
Sec. 11-76.1-2.
Whenever and as often as a municipality enters into a
lease or purchase agreement, the governing body of such municipality
shall provide by ordinance for the levy and collection of a direct
annual tax sufficient to pay the annual installments or rent provided
for by any such lease or agreement as and when it becomes due and
payable. A certified copy of the lease or agreement as entered into by
the municipality and a certified copy of the tax levy ordinance of such
municipality providing for the levy and collection of a direct annual
tax sufficient to pay the annual installments of such lease or agreement
shall be filed in the office of the County Clerk of each county in which
any portion of the territory of such municipality is situated, which
certified copies shall constitute the authority for the clerk or clerks
in each case to extend the taxes annually necessary to pay the annual
installments payable under any such lease or agreement as and when the
same become due and payable.
Upon such filing in the office of the County Clerk, or clerks, of the
proper county, it shall be the duty of such County Clerk, or clerks, to
ascertain the rate per cent which, upon the value of all property
subject to taxation within the municipality as that property is assessed
or equalized by the Department of Revenue will produce
a net amount of not less than the amount of the annual installments
provided for in such lease or agreement. The County Clerk, or clerks,
shall thereupon and thereafter annually extend taxes against all of the
taxable property contained in that municipality sufficient to pay the
annual installments provided for in such lease or agreement. Such tax
shall be levied and collected in like manner with the other taxes of
such municipality and shall be in addition and in excess of all other
taxes now or hereafter authorized to be levied by that municipality.
This tax shall not be included within any statutory limitation of rate
or amount for that municipality but shall be excluded therefrom and be
in addition thereto and in excess thereof. The funds realized from such
tax levy shall be set aside for the payment of the annual rent and shall
not be disbursed for any other purpose until the annual installment has
been paid in full.
Notwithstanding anything in this Code to the contrary, each
municipality may enter into leases and agreements as provided herein and
such leases or agreements may be made and the obligation and expense
thereunder incurred without making a previous appropriation therefor.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-76.1-3) (from Ch. 24, par. 11-76.1-3)
Sec. 11-76.1-3.
After the ordinance providing for the lease or purchase
of real or personal property has been passed, it shall be published at
least twice within 30 days after its passage 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 ordinance shall not
become effective until 30 days after its second publication.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
Sec. 11-76.1-4.
Whenever a petition signed by the electors of any
specified municipality equal in number to 10% or more of the total number
of registered voters in the municipality, is filed
with the municipal clerk of any such municipality which has
adopted an ordinance pursuant to the powers granted in Section 11-76.1-1
of this Code, and such petition has been filed with the clerk of the
municipality within 30 days of the second publication of the notice
required in Section 11-76.1-3 of this Code which notice shall include (1)
the specific number of voters required to sign the petition; (2) the time
in which the petition must be filed; and (3) the date of the prospective
referendum, the corporate authorities
shall order the submission of the question to the
municipal electors and designate the election at which the
question shall be submitted. The municipal clerk shall certify the question
to the proper election authority. The municipal clerk shall provide
a petition form to any individual requesting one.
The proposition shall be substantially in the following form:
Shall the ordinance passed bythe city council (or board of YEStrustees, etc.) of (name ofmunicipality) on (insert date), entitled ............., whichprovides (stating the nature ofthe proposed ordinance), become NOeffective?
If a majority of the votes cast on the questions are in favor of the
proposition, the corporate authorities shall have the authority granted
to them by Section 11-76.1-1.
This amendatory Act of 1975 is not a limit on any municipality which
is a home rule unit.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/Art. 11 Div. 76.2 heading) DIVISION 76.2.
EXCHANGE OF REAL ESTATE
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(65 ILCS 5/11-76.2-1) (from Ch. 24, par. 11-76.2-1)
Sec. 11-76.2-1.
A public hearing on a proposal to exchange real estate
shall be held, pursuant to a 3/4 vote of the members of the corporate authorities
of a municipality then holding office. No exchange of real estate shall
be made unless such a public hearing is held prior to the agreement being entered into.
(Source: P.A. 81-858.)
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(65 ILCS 5/11-76.2-2) (from Ch. 24, par. 11-76.2-2)
Sec. 11-76.2-2.
Upon action being duly adopted pursuant to Section 11-76.2-1
above, a public hearing shall be held by the corporate authorities at a
time and place to be designated by them upon such proposal, pursuant to
notice of public hearing duly published in a newspaper of general circulation
published in said municipality or if no such newspaper
is so published then in a newspaper published in the county in which said
municipality is wholly or partially situated that has a general circulation
in said municipality. Said notice shall be so published not less than 15
days nor more than 30 days prior to the date of the hearing; and shall set
forth a legal description of the property or properties to be so exchanged,
as well as the property or properties that the municipality is to receive
through such exchange, and the proposed terms and conditions otherwise of such exchange.
(Source: P.A. 81-858.)
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(65 ILCS 5/11-76.2-3) (from Ch. 24, par. 11-76.2-3)
Sec. 11-76.2-3.
After the conclusion of said public hearing, the corporate
authorities of the municipality may by a 3/4 vote of the corporate authorities
then holding office authorize the exchange as proposed, or as modified as
they may find desirable after the holding of the hearing.
In case an exchange is so authorized, the authorization shall be by ordinance,
wherein findings shall be made as follows: (1) that the premises to be conveyed
by the municipality under such exchange, in the opinion of the city council
or board of trustees are no longer needed by the municipality for the public
interest; (2) that the premises to be received by the municipality under
such exchange will prove useful to the municipality and will be for the
public interest; and (3) that the total value of the substitutional premises
is approximately equal to or exceeds the value of the premises for which
same are being exchanged, as determined by the corporate authorities, taking
into consideration the long term best interest of the public.
(Source: P.A. 81-858.)
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(65 ILCS 5/11-76.2-4) (from Ch. 24, par. 11-76.2-4)
Sec. 11-76.2-4.
When the ordinance has been adopted, an exchange agreement
entered into and consideration
secured, as provided under such authorized exchange, the mayor or president,
and the municipal clerk, may convey the real estate to be given by the municipality
under such exchange and transfer same, by proper deed of conveyance, stating
therein the consideration therefor, with the seal of the municipality.
(Source: P.A. 81-858.)
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(65 ILCS 5/Art. 11 Div. 77 heading) DIVISION 77.
LEASES WITH STATE AND FEDERAL
GOVERNMENTS
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(65 ILCS 5/11-77-1) (from Ch. 24, par. 11-77-1)
Sec. 11-77-1.
The corporate authorities in every municipality, incorporated
under any law of this state, have the power, by ordinance:
(1) To convey, grant, transfer, or sell to the United | ||
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(2) To lease from the United States of America, or | ||
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(3) To pay for the use of this leased property in | ||
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(4) To authorize any municipal official to enter into | ||
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Such a lease may be entered into without making a | ||
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(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-77-2) (from Ch. 24, par. 11-77-2)
Sec. 11-77-2.
The corporate authorities of each municipality may donate,
sell, lease, or convey any land heretofore acquired to the State
or any
agency thereof, to be used as a site for an armory for the National Guard
or Naval Militia, and to acquire land for these purposes. No municipality,
however, shall have any power to divert any gift, grant or legacy from the
specific purpose designated by any donor.
(Source: P.A. 83-388.)
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(65 ILCS 5/Art. 11 Div. 78 heading) DIVISION 78.
LEASING PROPERTY FOR SCHOOL
PURPOSES
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(65 ILCS 5/11-78-1) (from Ch. 24, par. 11-78-1)
Sec. 11-78-1.
Any city or village, whether incorporated under a general or
special law, which holds any real or personal estate which has been
conveyed to it for school or academy purposes by ordinance or resolution of
the corporate authorities may convey that real or personal estate to the
school officers, authorized to hold it, for the use of the school district
in which the real or personal estate is situated, by proper deeds of
conveyance executed by the proper officers of the municipality, under the
corporate seal thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-78-2) (from Ch. 24, par. 11-78-2)
Sec. 11-78-2.
If any real estate conveyed by virtue of Section 11-78-1
ceases at any time to be used for school purposes for a period of 3 years,
the school officers, holding the title to the real estate, shall convey the
real estate back to the grantor municipality to be by it thereafterwards
held, enjoyed, and disposed of as other corporate property. A provision
expressing this condition shall be inserted in every deed made by a
municipality under Section 11-78-1. Such a reconveyance may be compelled
and enforced by any taxpayer of the grantor municipality by proper
proceedings to be instituted by him for that purpose.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-78-3) (from Ch. 24, par. 11-78-3)
Sec. 11-78-3.
If real or personal estate is under the control of trustees,
appointed or elected by virtue of any general or special law of this state,
when it is conveyed as specified in Section 11-78-1, the duties of those
trustees in relation thereto shall cease, and they shall immediately settle
and adjust all matters relating to the trust estate and make a report to
the proper authority of their acts. Upon the approval of this report the
trustees shall be released and discharged from the further performance of
duty in that behalf. All money which may remain in the municipal treasury
to the credit of any fund connected with the use of such real or personal
estate, while so held by the municipality, shall be used by the
municipality for any lawful corporate purpose.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-78-4) (from Ch. 24, par. 11-78-4)
Sec. 11-78-4.
When authorized by ordinance, any municipality incorporated
under a special charter, holding title to or having an interest in any real
estate, may sell and convey the real estate, or the municipality's interest
therein, to the trustee of the schools of the township or other county
board of school trustees as the case may be in which the real estate is
situated, to be used as a school site for the school district in which the
real estate is situated. The conveyance shall be made by a proper deed or
conveyance, executed by the corporate authorities of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 79 heading) DIVISION 79.
PUBLIC BUILDING COMMISSION LEASES
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(65 ILCS 5/11-79-1) (from Ch. 24, par. 11-79-1)
Sec. 11-79-1.
In addition to all the rights and powers conferred on any
municipality under this Code or any other Acts to acquire, under lease or
otherwise, any real or personal property for corporate purposes, the
corporate authorities in every municipality, incorporated under any law of
this state, have the power by ordinance:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955, as
heretofore and hereafter amended, any real or personal property for any
of its corporate purposes, for any period of time not exceeding 20 years.
(2) To pay for the use of the leased property in accordance with the
terms of the lease and with the provisions of the Public Building
Commission Act, approved July 5, 1955, as heretofore and hereafter amended.
(3) Such lease may be entered into without making a previous
appropriation for the expense thereby incurred, notwithstanding the
provisions contained in Sections 8-1-6, 8-1-7 and 8-2-1 through 8-2-8.
However, if the corporate authorities of any municipality undertake to pay
all or any part of the costs of operating and maintaining the property of a
public building commission as authorized in subsection (4) of this section,
such expenses of operation and maintenance shall be included in the annual
appropriation ordinance of such municipality annually during the term of
such undertaking.
(4) In addition, the corporate authorities in every municipality may
undertake, either in the lease with a public building commission or by
separate agreement or contract with a public building commission, to pay
all or any part of the costs of maintaining and operating the property of a
public building commission for any period of time not exceeding 20 years.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 80 heading)
STREETS AND PUBLIC WAYS
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(65 ILCS 5/Art. 11 Div. 80 heading) DIVISION 80.
GENERAL POWERS OVER
STREETS AND PUBLIC WAYS
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(65 ILCS 5/11-80-1) (from Ch. 24, par. 11-80-1)
Sec. 11-80-1.
All provisions of this Code relating to the control of streets,
alleys, sidewalks and all other public ways are subject to the provisions
of "The Illinois Vehicle Code", as now and hereafter
amended, and the Illinois Highway Code, as now and hereafter amended.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-80-2) (from Ch. 24, par. 11-80-2)
Sec. 11-80-2.
The corporate authorities of each municipality may regulate
the use of the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-2a) (from Ch. 24, par. 11-80-2a)
Sec. 11-80-2a.
In areas zoned for residential use, the corporate authorities
may restrict part of each street for "residents parking only".
(Source: P.A. 79-545.)
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(65 ILCS 5/11-80-3) (from Ch. 24, par. 11-80-3)
Sec. 11-80-3.
The corporate authorities of each municipality may prevent
and remove encroachments or obstructions upon the streets and other
municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-4) (from Ch. 24, par. 11-80-4)
Sec. 11-80-4.
The corporate authorities of each municipality may provide
for the lighting of streets and other municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-5) (from Ch. 24, par. 11-80-5)
Sec. 11-80-5.
The corporate authorities of each municipality, with
the concurrence of two-thirds of all of the alderpersons, trustees or
commissioners elected therein, may levy and collect annually, in
addition to all other taxes now authorized by law, a tax of not to
exceed .05% of the value, as equalized or assessed by the Department of
Revenue, of the taxable property in the municipality,
to be used exclusively for the purpose of lighting streets. The tax
authorized by this Section is in addition to taxes for general corporate
purposes authorized by Section 8-3-1.
The foregoing tax rate limitation, insofar as it is applicable to
municipalities of less than 500,000 population, may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/11-80-6) (from Ch. 24, par. 11-80-6)
Sec. 11-80-6.
The corporate authorities of each municipality may provide
for the cleaning of streets and other municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-7) (from Ch. 24, par. 11-80-7)
Sec. 11-80-7.
The corporate authorities of each municipality may regulate
the openings in streets and other municipal property for the laying,
building, repairing, and removing of gas or water mains and pipes, or
sewers, tunnels, and drains and may erect gas lights.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-8) (from Ch. 24, par. 11-80-8)
Sec. 11-80-8.
The corporate authorities of each municipality may regulate
the use of the space over the streets, alleys, other municipal property,
and public places of the city, and upon payment of proper compensation, to
be fixed by ordinance, may permit the use of the space more than 12 feet
above the level of such streets, alleys, property or places, except for
purely private uses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
Sec. 11-80-9.
The corporate authorities of each municipality may prevent
and regulate all amusements and activities having a tendency to annoy or
endanger persons or property on the sidewalks, streets, and other municipal
property. However, no municipality may prohibit a charitable organization, as defined in Section 2 of the Charitable Games Act, from soliciting for charitable purposes, including solicitations taking place on public roadways from passing motorists, if all of the following requirements are met.
(1) The persons to be engaged in the solicitation are | ||
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(2) The charitable organization files an application | ||
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(A) The date or dates and times of day when the | ||
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(B) The location or locations where the | ||
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(C) The manner and conditions under which the | ||
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(D) Proof of a valid liability insurance policy | ||
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The municipality shall approve the application within 5 business days after the filing date of the application, but may impose reasonable conditions in writing that are consistent with the intent of this Section and are based on articulated public safety concerns. If the municipality determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past crash history, then the municipality may deny the application for that location and must approve one of the 3 alternate locations following the order of preference submitted by the applicant on the alternate location list. By acting under this Section, a local agency does not waive or limit any immunity from liability provided by any other provision of law. For purposes of this Section, "local agency" means a municipality, special district, fire district, joint powers of authority, or other political subdivision of the State of Illinois. A home rule unit may not regulate a charitable organization in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 102-982, eff. 7-1-23.)
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(65 ILCS 5/11-80-10) (from Ch. 24, par. 11-80-10)
Sec. 11-80-10.
The corporate authorities of each municipality may regulate
and prevent the depositing of ashes, offal, dirt, garbage, or any other
offensive matter in, and to prevent injury to streets, alleys, or other
municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-11) (from Ch. 24, par. 11-80-11)
Sec. 11-80-11.
The corporate authorities of each municipality may provide
for and regulate cross-walks, curbs, and gutters. However, after the
effective date of this amendatory Act of 1973, all new curbs which are provided
for by any municipality, and all existing curbs which are a part of any
reconstruction, within any block which is contiguous to any highway and in
which more than 50% of the territory is devoted to or zoned for business,
commercial or industrial use shall comply with this Section. In order to
enable persons using wheelchairs to travel freely and without assistance,
at each cross-walk a ramp with non-slip surface shall be built into the
curb so that the sidewalk and street blend to a common level. Such ramp
shall conform to the standards adopted by the Capital Development Board
in accordance with the Environmental Barriers Act. Where because of surrounding
buildings or other restrictions it is impossible to conform the slope with
this requirement, the ramp shall contain a slope with as shallow a rise as
possible under the circumstances. In all ramps there shall be a gradual
rounding at the bottom of the slope.
(Source: P.A. 86-447.)
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(65 ILCS 5/11-80-12) (from Ch. 24, par. 11-80-12)
Sec. 11-80-12.
The corporate authorities of each municipality may authorize
the construction of and may regulate mills, mill-races, and feeders on,
through, or across the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-13) (from Ch. 24, par. 11-80-13)
Sec. 11-80-13.
The corporate authorities of each municipality may regulate
the use of sidewalks, the construction, repair, and use of openings in
sidewalks, and all vaults and structures thereon and thereunder, including
telephone booths, and may require the owner or occupant of any premises to
keep the sidewalks abutting the premises free from snow and other
obstructions.
(Source: Laws 1963, p. 2430.)
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(65 ILCS 5/11-80-14) (from Ch. 24, par. 11-80-14)
Sec. 11-80-14.
The corporate authorities of each municipality may regulate
and prevent the use of streets, sidewalks, and public property for signs,
sign posts, awnings, awning posts, telegraph poles, watering places, racks,
posting handbills and advertisements.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-15) (from Ch. 24, par. 11-80-15)
Sec. 11-80-15.
Street advertising; adult entertainment advertising.
(a) The corporate authorities of each municipality may license
street advertising by means of billboards, sign boards, and signs and may
regulate the character and control the location of billboards, sign boards,
and signs upon vacant property and upon buildings.
(b) The corporate authorities of each municipality may further
regulate the character and control the location of adult entertainment
advertising placed on billboards, sign boards, and signs upon vacant property
and upon
buildings that are within 1,000 feet of the property boundaries of schools, day
care
centers, cemeteries, public parks, and places of religious worship.
For the purposes of this subsection, "adult entertainment" means
entertainment provided by an adult bookstore, striptease club, or pornographic
movie theater whose business is the
commercial sale, dissemination, or distribution of sexually explicit materials,
shows, or other exhibitions.
(Source: P.A. 89-605, eff. 8-2-96.)
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(65 ILCS 5/11-80-16) (from Ch. 24, par. 11-80-16)
Sec. 11-80-16.
The corporate authorities of each municipality may regulate
and prohibit the exhibition or carrying of banners, signs, placards,
advertisements, or handbills on the sidewalks, streets, or other municipal
property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-17) (from Ch. 24, par. 11-80-17)
Sec. 11-80-17.
The corporate authorities of each municipality may regulate
and prevent the flying of flags, banners, or signs across streets or from
houses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-18) (from Ch. 24, par. 11-80-18)
Sec. 11-80-18.
The corporate authorities of each municipality may
regulate the numbering of buildings and lots. No change in the
numbering of buildings and lots shall be effective until 30 days after
the election authorities having jurisdiction in the area in which such
numbering is changed and the post office branch serving that area have
been notified by the corporate authority initiating such action of the
change in writing by certified or registered mail.
(Source: P.A. 80-398.)
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(65 ILCS 5/11-80-19) (from Ch. 24, par. 11-80-19)
Sec. 11-80-19.
The corporate authorities of each municipality may
name originally and then may change the name of any street, avenue,
alley, or other public place. No change in the name of any street,
avenue, alley or other public place shall be effective until 30 days
after the election authorities having jurisdiction in the area in which
the name of the public place is changed and the post office branch
serving that area have been notified by the corporate authority
initiating such action of the change in writing by certified or
registered mail.
(Source: P.A. 80-398.)
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(65 ILCS 5/11-80-20) (from Ch. 24, par. 11-80-20)
Sec. 11-80-20.
The corporate authorities of each municipality may regulate
traffic and sales upon the streets, sidewalks, public places, and municipal
property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-21) (from Ch. 24, par. 11-80-21)
Sec. 11-80-21.
The corporate authorities by condemnation or otherwise may
extend any street or alley over or across, or may construct any sewer under
any railroad track, or through the right-of-way or land of any railroad
company. Where no compensation is made to the railroad company, however,
the municipality shall restore the railroad track, right-of-way, or land so
that its usefulness will not be impaired more than is reasonably necessary.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-23) (from Ch. 24, par. 11-80-23)
Sec. 11-80-23.
The corporate authorities of each municipality may
employ and fix the compensation of persons to serve as school crossing
guards, on a part-time basis, by directing traffic and protecting
children crossing the streets in going to and from school. The corporate
authorities of any municipality may pay such compensation from general
corporate funds or may levy, annually, in municipalities having a
population of less than 500,000 a special tax for that purpose of not to
exceed .02% of the value, as equalized or assessed by the Department of
Revenue, of all taxable property in that municipality.
Such a tax is in addition to the amount authorized to be levied for
general purposes by Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-80-24) Sec. 11-80-24. Collocation of small wireless facilities. (a) A municipality may propose that a small wireless facility be collocated on an existing utility pole within 200 feet of the wireless providers proposed location within its public rights-of-way under paragraph (3) of subsection (d) of Section 15 of the Small Wireless Facilities Deployment Act and the entity owning the utility pole shall provide access for that purpose. (b) Any fee charged for the use of a utility pole under this Section shall be at the lowest rate charged by the entity owning the utility pole for other wireless providers and shall not exceed the entity's actual costs. (c) Nothing in this Section alters anything in Section 15 of the Small Wireless Facilities Deployment Act.
(Source: P.A. 102-9, eff. 6-3-21.) |
(65 ILCS 5/Art. 11 Div. 81 heading) DIVISION 81.
STREET AND BRIDGE TAX
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(65 ILCS 5/11-81-1) (from Ch. 24, par. 11-81-1)
Sec. 11-81-1.
The corporate authorities of each municipality, whether
incorporated under the general law or a special charter, which includes
wholly within its corporate limits a township or townships, or a road
district, may levy, annually, a tax for street and bridge purposes of
not to exceed .06% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property in any
township or road district lying wholly within the limits of that
municipality. But if, in the opinion of three-fourths of the members
elected to the city council or board of trustees of such a municipality,
a greater levy for bridge and street purposes is needed, an additional
levy may be made of any sum not exceeding .04% of such taxable property.
Municipalities having a higher limitation than .10% for street and
bridge purposes on July 1, 1967 may continue to levy such higher rate.
The street and bridge tax authorized by this Section shall be in
addition to: (1) any tax that such a municipality is now authorized to
levy for street or bridge purposes, and (2) the tax that such a
municipality is now authorized to levy upon all property within the
municipality, and (3) the amount authorized to be levied for general
purposes as provided by Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-81-2) (from Ch. 24, par. 11-81-2)
Sec. 11-81-2.
The city council of any city and the board of trustees
of any village or incorporated town, whether organized under the general
law or special charter, which does not correspond to the description set
out in Section 11-81-1, may annually levy a tax for street and bridge
purposes at a rate of not to exceed .06% of the value, as equalized or
assessed by the Department of Revenue, and may by a
three-fourths vote of the members elected to such city council or board
of trustees levy an additional tax for street and bridge purposes at a
rate of not to exceed .04% of the value, as equalized or assessed by the
Department of Revenue, of taxable property within such
city, village or incorporated town. Municipalities having a higher
limitation than .10% for street and bridge purposes on July 1, 1967 may
continue to levy such higher rate. However, if any city, village or
incorporated town levying such tax for street and bridge purposes is
situated as a whole or in part within any road district in which a tax
for road and bridge purposes has also been levied under the authority of
Section 6-501 of the "Illinois Highway Code" as the same may from time
to time be amended, the county clerk shall as to the taxable property
lying within such city, village or incorporated town, reduce and abate
from such street and bridge tax levied by the authority of this Section
11-81-2 a rate equivalent to the amount of all road district road and
bridge taxes accruing to such city, village or incorporated town in
accordance with the provisions of Section 6-507 of the "Illinois Highway
Code" as the same may from time to time be amended.
Such street and bridge tax authorized by this Section 11-81-2 shall
be in addition to any tax any such city, village or incorporated town is
now authorized to levy for street or bridge purposes and shall be in
addition to the tax that such city, village or incorporated town is now
authorized to levy upon the aggregate valuation of all property within
such city, village or incorporated town, and shall be in addition to the
amount authorized to be levied for general purposes as provided by
Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/Art. 11 Div. 82 heading) DIVISION 82.
COST OF OILING STREETS
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(65 ILCS 5/11-82-1) (from Ch. 24, par. 11-82-1)
Sec. 11-82-1.
The corporate authorities of any city or village with a
population of less than 20,000 may, for the purpose of oiling the streets
or public highways within the corporate limits of the city or village,
direct the payment of the costs thereof out of any money in the municipal
treasury not otherwise appropriated.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 83 heading) DIVISION 83.
RESURFACING STREETS BY SPECIAL
ASSESSMENT
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(65 ILCS 5/11-83-1) (from Ch. 24, par. 11-83-1)
Sec. 11-83-1.
In addition to all other means or methods authorized by law
for the repair, maintenance, resurfacing, or reconstruction of street
pavements, any municipality, by ordinance, may provide for the resurfacing
of streets paved by macadam, brick, granite, blocks, asphalt, cement, or
other type of pavement, when that pavement becomes disintegrated at the
surface or by reason of wear, usage, or lapse of time becomes otherwise
inadequate, defective, or imperfect. The municipality, by that ordinance,
may provide for the payment of the whole or any part of the cost of the
resurfacing of those streets (1) by special taxation of the lots or parcels
of land fronting upon those streets, or (2) by special assessment upon the
property benefited by the improvement of those streets through the
resurfacing, or (3) by apportioning the cost of the resurfacing so that
part of the cost will be paid by special assessment upon the property
benefited and part of it by appropriation from the fund accumulated through
the vehicle tax levied in accordance with the statute for purposes of
street and alley improvement or repair.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-83-2) (from Ch. 24, par. 11-83-2)
Sec. 11-83-2.
The corporate authorities of any municipality may, of their
own motion, pass ordinances providing for the resurfacing of streets as
specified in Section 11-83-1, and for the nature, character, and locality,
and description thereof. Upon the passage of an ordinance so providing, all
proceedings thereafter to be had for the levy and collection of special
assessments to defray the cost thereof shall be in accordance with the
provisions of Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 84 heading) DIVISION 84.
SIDEWALK CONSTRUCTION AND REPAIR
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(65 ILCS 5/11-84-1) (from Ch. 24, par. 11-84-1)
Sec. 11-84-1.
In addition to any other manner authorized by law, any
municipality, by ordinance, may provide for the construction and repair of
sidewalks therein, along or upon any streets or part of streets therein.
The corporate authorities, by that ordinance, may provide for the payment
of the whole or any part of the cost thereof by special taxation of the
lots, blocks, tracts, or parcels of land touching upon the line where such
a sidewalk is ordered. This special taxation may be either by levying the
whole or any part of the cost thereof upon each of the lots, blocks,
tracts, or parcels of land touching upon the line of the sidewalk, pro
rata, according to their respective values. The values of the lots, blocks,
tracts, or parcels of land shall be determined by the last preceding
assessment thereof for the purpose of state and county taxation. Or the
whole or any part of the cost thereof may be levied upon such lots, blocks,
tracts, or parcels of land in proportion to their frontage upon such
sidewalk, or in proportion to their superficial area, as may be provided by
ordinance ordering the laying down of the sidewalk. In case the ordinance
only requires a part of the cost of the sidewalk to be paid by a special
tax as provided in this section, the residue of the cost shall be paid out
of any fund of the municipality raised by general taxation upon the
property in the municipality and not otherwise appropriated. Such a
municipality, by one and the same ordinance, may provide for the
construction or repair of sidewalks under this article on 2 or more
streets, or parts of streets, or on one or both sides of any street or
streets, whenever the sidewalks are so connected, or otherwise related, as
to constitute a single system of improvement. A duplicate copy of the
ordinance, duly certified by law, shall be delivered by the clerk of the
municipality to the recorder of deeds of each county in which any part of
the property is located not less than 30 days before commencement of any
construction by the municipality as specified hereinafter in this Division
84. Each recorder shall record the copy and keep it as part of the
permanent records of the office of such recorder. Such special taxes are a
lien upon the property against which they are charged from the date upon
which a copy of said ordinance is filed or recorded, which lien is
discharged when the tax has been paid or the property has been sold
pursuant to Section 11-84-5 of this Act.
When the tax has been fully paid, the corporate authorities of the
municipality shall execute and record, in the recorder's office of the
county in which the land is located, a release of the lien of the taxes so
paid, and shall deliver a copy of the release to the owner of the property.
(Source: P.A. 85-1252.)
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(65 ILCS 5/11-84-2) (from Ch. 24, par. 11-84-2)
Sec. 11-84-2.
Such an ordinance shall define the location of the proposed
sidewalk or the sidewalk to be repaired with reasonable certainty, shall
prescribe its width, the materials of which it is to be constructed and the
manner of its construction, and may provide that the materials and
construction shall be under the supervision of and subject to the approval
of an officer or board of officers of the municipality to be designated in
the ordinance.
The ordinance shall require all owners of lots, blocks, tracts, or
parcels of land touching the line of a proposed sidewalk to construct or
repair a sidewalk in front of or touching upon their respective lots,
blocks, tracts, or parcels of land in accordance with the specifications of
the ordinance, within 30 days after the mailing of notice of the passage of
the ordinance, addressed to the party who last paid the general taxes on
the respective lots, blocks, tracts, or parcels. In default thereof the
municipality may furnish the materials and construct or repair the sidewalk
in accordance with the ordinance, or may enter into a contract for the
furnishing of the materials and the construction or repair of the sidewalk
as hereinafter provided in this Division 84. The cost of such part thereof
as may be fixed in the ordinance may be collected as hereinafter provided
in this Division 84. The municipality may issue vouchers bearing not to
exceed 6% interest annually in payment of these sidewalks, payable solely
out of the special tax provided for in this Division 84 when the tax is
collected.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-84-3) (from Ch. 24, par. 11-84-3)
Sec. 11-84-3.
Such an ordinance may provide that a bill of the costs of the
sidewalk, showing the cost of the construction or repair and supervision
thereof, shall be made by the officer or board designated by the ordinance
to take charge of the construction or repair of the sidewalk, together with
a list of the lots, blocks, tracts, or parcels of land touching upon the
line of the sidewalk, the names of the parties who last paid the general
taxes on the respective lots, blocks, tracts, or parcels and the frontage,
superficial area, or assessed value as specified in Section 11-84-1,
according as the ordinance may provide for the levy of the cost by the
frontage, superficial area or assessed value.
Thereupon, if the owner of any lot, block, tract, or parcel of land has
failed or refused to construct or repair his portion of the sidewalk in
accordance with the provisions of the ordinance, the specified officer or
board shall proceed to prepare a special tax list against those lots,
blocks, tracts or parcels of land in front of or touching upon which the
sidewalk has not been constructed or repaired, ascertaining by computation
the amount of special taxes and the annual installments thereof to be
charged against each of those lots, blocks, tracts, or parcels of land on
account of the construction or repair of the sidewalk, according to the
rule fixed for the levy of that special tax by the ordinance.
This special tax list shall be filed in the office of the specified
officer or board, and this officer or board shall thereupon issue warrants
directed to the municipal collector, or to such officer as may be
designated in the ordinance, for the collection of the amount of special
tax so ascertained and appearing from this special tax list to be due from
the respective lots, blocks, tracts, or parcels of land touching upon the
line of the sidewalk. However, the aggregate amount of each special tax
shall be divided into 5 annual installments of equal amounts, except that
all fractional amounts shall be added to the first installment, so as to
leave the remaining installments equal in amount and each a multiple of
$100.
The first installment shall be due and payable on the second day of
January next after the date of the first voucher issued on account of the
work done, and the second installment one year thereafter, and so on
annually until all installments are paid. The specified officer or board
shall file in the office of the municipal collector, or such officer as may
be designated to collect the tax, a certificate, signed by the officer or
secretary of the board preparing the tax list, of the date of the first
voucher and of the amount thereof within 30 days after the issuance
thereof.
All the installments shall bear interest as provided in this section
until paid, at the rate of not to exceed 6% annually. Interest on
assessments shall begin to run from the date of the first voucher issued on
account of work done. The interest on each installment shall be payable as
follows: On the second day of January next succeeding the date of the first
voucher as certified, the interest accrued up to date on all unpaid
installments shall be due and payable and it shall be collected with the
installment. Thereafter the interest on all unpaid installments shall be
payable annually and be due and payable at the same time as the installment
maturing in that year and be collected therewith.
In all cases the municipal collector, or the officer designated to
collect the tax, whenever payment is made of any installment, shall collect
all interest that is due up to the date of that payment, whether the
payment is made at or after maturity. Any person may at any time pay the
whole assessment against any lot, block, tract or parcel of land, or any
installment thereof, with interest as provided in this section up to the
date of payment. The municipal collector, or the officer designated to
collect the tax, shall proceed to collect the warrants by mailing a written
notice to the address of the party who last paid the general taxes on the
respective lots, blocks, tracts, or parcels of land in the list, that the
tax list is in his possession for collection. All money so collected shall
be immediately paid over by that officer to the municipal treasurer of that
municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-84-4) (from Ch. 24, par. 11-84-4)
Sec. 11-84-4.
Upon failure to collect the special tax as hereinbefore
provided in this Division 84, the municipal collector, or the officer
designated to collect the tax on or before the first day of August in each
year, shall make a written report of this special tax to such general
officer of the county as may be authorized by law to apply for judgment
against and sell lands for taxes due the county or state. This report shall
also contain an enumeration of (1) all the lots, blocks, tracts, or parcels
of land upon which this special tax remains unpaid, (2) the names of the
respective owners thereof, so far as the names are known to the collecting
officer, (3) the amount due and unpaid upon each lot, block, tract, or
parcel and (4) a copy of the ordinance ordering the construction of the
sidewalk. This report shall be accompanied by the oath of the officer that
the list is a correct return of the lots, blocks, tracts, or parcels of
land on which the special tax levied by authority of the municipality for
the cost or partial cost, as the case may be, of the sidewalk specified in
that ordinance remains due and unpaid, and that the amounts therein stated
as due and unpaid, have not been collected, nor any part thereof. This
report, when so made, is prima facie evidence that all the forms and
requirements of the law in relation to making that return have been
complied with, and that the special tax, as mentioned in the report, is due
and unpaid.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-84-5) (from Ch. 24, par. 11-84-5)
Sec. 11-84-5.
When the specified general officer of the county receives
such a report, he shall at once proceed to obtain judgment against the
lots, blocks, tracts, or parcels of land enumerated therein for the special
tax remaining due and unpaid, in the same manner as may be provided by law
for obtaining judgment against land for taxes due and unpaid to the county
and state, and in the same manner shall proceed to sell the same for the
special tax due and unpaid. In obtaining this judgment, and making this
sale, the specified officer shall be governed by the general revenue laws
of Illinois, except when otherwise provided in this Division 84. The
general revenue laws shall also apply to the execution of certificates of
sales and deeds, and to the force and effect of these sales and deeds. All
other laws in relation to the enforcement and collection of taxes, and
redemption from tax sales, shall apply to proceedings to collect this
special tax, except as otherwise provided in this Division 84.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-84-6) (from Ch. 24, par. 11-84-6)
Sec. 11-84-6.
Whenever payment of the cost of such sidewalk is required to
be made in part by special tax and in part out of any general fund of the
municipality, and the owner of a lot, block, tract, or parcel of land
constructs or repairs the sidewalk in accordance with the ordinance for its
construction or repair the officer or board directed by the ordinance to
superintend the construction or repair thereof shall thereupon have issued
to that owner, an order on the municipal treasurer for the cost of the
construction or repair of the sidewalk, less the amount of special tax
chargeable to the lot, block, tract, or parcel of land of that owner on the
line of which the sidewalk has been so constructed or repaired.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-84-7) (from Ch. 24, par. 11-84-7)
Sec. 11-84-7.
Except as herein otherwise provided for municipalities of
more than 500,000 population, all contracts for the construction or repair
of sidewalks as provided in this Division 84, when the expense thereof
exceeds $1,500, shall be let to the lowest responsible bidder in the
following manner: Notice shall be given by the officer or board designated
in the ordinance to take charge of the construction or repair and
supervision of a sidewalk, by advertisement at least twice, not more than
30 nor less than 15 days in advance of the day of opening the bids, that
bids will be received for the construction or repair of that sidewalk in
accordance with the ordinance therefor, in one or more newspapers published
within 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 notice shall state the time
of opening the bids. All bids offered shall be accompanied by cash or a
check payable to the order of the officer or board having charge of the
improvement, and certified by a responsible bank, for an amount which shall
not be less than 10% of the aggregate of the bid. All contracts shall be
approved by the officer, or the presiding officer of the board, having the
supervision of the construction or repair of that sidewalk.
In municipalities of more than 500,000 population, the letting of
contracts for the construction or repair of sidewalks as provided in this
Division 84 shall be governed by the provisions of Division 10 of Article
8.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-84-8) (from Ch. 24, par. 11-84-8)
Sec. 11-84-8.
If a special tax for the construction or repair of a sidewalk
is annulled by the corporate authorities or set aside by any court, a new
ordinance may be passed and a new tax may be made and returned. This power
to pass a new ordinance providing for a new tax exists only when (1) the
prior ordinance was passed under "An Act to provide additional means for
the construction of sidewalks in cities, towns and villages," approved
April 15, 1875, as amended, or under this Division 84, and (2) when the
prior ordinance was merely defective but not void.
The proceedings therefor shall be the same as in the first instance, and
all parties in interest shall have like rights and like powers in relation
to any subsequent tax as are hereby given in relation to the first tax. No
special tax shall be levied for work already done under a prior ordinance,
unless it appears that the work was done in good faith, by the
municipality, or under contract duly let and executed, pursuant to an
ordinance providing that the sidewalk should be paid for by special tax.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 85 heading) DIVISION 85.
CERTAIN JOINT MUNICIPAL AND
TOWNSHIP CONSTRUCTION PROJECTS
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(65 ILCS 5/11-85-1) (from Ch. 24, par. 11-85-1)
Sec. 11-85-1.
Municipalities lying within one or more townships, or whose
boundaries are coextensive with the boundaries of a township, have the
power to enter into a contract with any township within which the
municipality lies, or with any township lying immediately contiguous to the
municipality, and such township has the power to enter into a contract with
such municipality, for the construction of any public improvement
consisting of the construction of any bridge, subway, elevated way, or
viaduct which may lie partly within the municipality, and partly outside
the municipality and within the township, or consisting of the improvement
of the roadway of any highway or street upon and along which runs the line
of the corporate limits of the municipality, so that the improvement as
proposed would lie partly within the municipality and partly within the
township, in the manner authorized in this Division 85.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-85-2) (from Ch. 24, par. 11-85-2)
Sec. 11-85-2.
The corporate authorities of such municipality and the
commissioner of highways in and for such township, in the manner they agree
upon, shall procure (1) detailed plans and specifications of the proposed
improvement, (2) a detailed estimate of the cost thereof prepared by a
competent engineer, showing the total estimated cost of the improvement,
and (3) separate estimates from that engineer of the portions thereof
within and without the municipality. As soon as the corporate authorities
both of the municipality and of the township approve the plans,
specifications, and estimates as a basis for the letting of a contract for
the improvement, and as soon as the proportions of the cost thereof are
agreed upon by the corporate authorities of the municipality and township,
they may proceed jointly to let a contract therefor as provided in this
section.
This contract shall be let only upon competitive bidding, in the manner
provided for the letting of contracts by municipalities for the
constructing of local improvements under the provisions of Article 9,
except that (1) the advertising for bids for the construction of the
proposed improvement shall be authorized and made by the corporate
authorities of both the municipality and the township, (2) bids for the
construction shall be received by those corporate authorities jointly at
the time and place agreed upon and stated in the notice for bids, and (3)
no contract shall be let except by the approval of the corporate
authorities of both the municipality and the township. All contracts shall
be signed and executed by the officials of the municipality and of the
township who may be vested generally, by law or ordinance, with the duty of
the execution of contracts, for and in behalf of the respective bodies, and
all bonds for the performance of a contract shall be made payable to those
corporate bodies jointly.
All consents, agreements, and approvals provided for in this Division 85
shall be by writing and when hereby required to be made or given by a
municipality, shall be made or given by a resolution of the corporate
authorities of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-85-3) (from Ch. 24, par. 11-85-3)
Sec. 11-85-3.
If a municipality desires to pay its proportion of the cost
of such an improvement by a special assessment or a special tax upon the
property within the municipality benefited by the improvement, either
before or after the letting of the contract as provided by Section 11-85-2,
it may pass an ordinance providing for the improvement and that the cost
thereof shall be paid by a special tax or a special assessment, to be
levied upon the municipality and upon the property within the municipality
specially benefited by the improvement. The proceedings thereafter for the
levy of that special assessment or special tax, and the collection thereof,
shall conform to the provisions of Article 9, in so far as the provisions
of Article 9 are applicable. It shall be no defense in any proceedings to
levy a special assessment or a special tax hereunder that the special
assessment or special tax is levied for work previously performed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-85-4) (from Ch. 24, par. 11-85-4)
Sec. 11-85-4.
A municipality participating in the construction of an
improvement specified in this Division 85 has jurisdiction over the part
thereof lying within the corporate limits of the municipality. The
participating township has jurisdiction over that part of the improvement
lying outside the municipality and within the township. The municipality
and the township may repair, maintain, or reconstruct the portions of the
improvement within their respective jurisdictions in the manner provided by
law in cases of similar improvements lying wholly within their respective
jurisdictions. But nothing contained in this section affects any power
otherwise given by law to either the municipality or the township to expend
money in the repair, maintenance, or reconstruction of the entire
improvement or any part thereof.
Although parts of the improvements are under separate jurisdictions, the
municipality and the township interested may enter into contracts with each
other providing for the repair, maintenance, and upkeep, including
lighting, of the improvement, apportioning the cost thereof and providing
the method of that repair, maintenance, and upkeep, as may be agreed upon
between them.
A township may surrender its jurisdiction over such an improvement to
the municipality jointly interested, by agreement made between the
corporate authorities of both the municipality and the township. The
municipality thus assuming that jurisdiction thereafter shall be chargeable
with the repair, maintenance, and upkeep of the part of the improvement so
turned over, and may exercise its police powers thereover in like manner as
if the improvement lay entirely within the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 86 heading) DIVISION 86.
MUNICIPAL AND PARK RELATIONSHIP
CONCERNING STREETS
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(65 ILCS 5/11-86-1) (from Ch. 24, par. 11-86-1)
Sec. 11-86-1.
Any city, incorporated town or village may construct and
maintain an elevated way in or upon any street, and construct and maintain
all necessary approaches, inclines and superstructures, and may by
ordinance authorize any commission or board having jurisdiction of a public
park or parks to take over, maintain and control any street or way,
incline, approach or superstructure therein upon terms fixed by such
ordinance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-86-2) (from Ch. 24, par. 11-86-2)
Sec. 11-86-2.
Any city, incorporated town or village may by ordinance duly
passed grant to any commission or board having jurisdiction over parks and
boulevards the right to take and improve by means of surface or elevated
ways for vehicles and pedestrians a street or streets not more than one
mile in length in any one instance, and for that purpose to construct,
maintain and control all approaches, inclines and superstructures
convenient or necessary for the purpose aforesaid.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-86-3) (from Ch. 24, par. 11-86-3)
Sec. 11-86-3.
Where any park is located wholly within any city, the city
council of such city shall have power by ordinance to extend streets
through such park as the needs of the public shall demand. Such needs to be
determined by the park commissioners having control thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-86-4) (from Ch. 24, par. 11-86-4)
Sec. 11-86-4.
If the street designated in Section 11-86-3 is to be used
only for boulevard purposes, it may be extended through such park at the
grade of other roadways to be crossed by such street so to be extended
within such park in the discretion of the park commissioners having control
thereof. If such street is to be used for general traffic purposes, it
shall be depressed below the street level within such park, as the park
commissioners, having control thereof, shall direct. The cost of the
construction and maintenance of such depression shall be borne by the city.
No such street or streets shall be extended through any park in any city
without the consent and express direction of the park commissioners having
control of such park.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 87 heading) DIVISION 87.
RE-LOCATING WATER COURSES
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(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 thecity council (or board of trustees)of (name of municipality) on (insert YESdate), entitled ...., whichgranted a terminable permit to (here insert the name of the grantee) toconstruct, maintain, and operate a NOtransportation system upon the terms andconditions 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 thecity council (or board of trustees,etc.) of (name of municipality) on(insert date), entitled YES...., which granted permission for aterm of .... years to (here insertthe name of the grantee) to locate, construct, reconstruct, maintain,operate, and lay tracks, of (hereinsert the name of the grantee) in NOcertain streets, alleys, and publicplaces upon the terms and conditionstherein 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) YESof .... issue revenue bonds for acquiring (orconstructing) 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
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(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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(65 ILCS 5/11-95-4) (from Ch. 24, par. 11-95-4)
Sec. 11-95-4.
Any school board or park board may join with any municipality
in conducting and maintaining a recreation system.
(Source: Laws 1967, p. 2586.)
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(65 ILCS 5/11-95-5) (from Ch. 24, par. 11-95-5)
Sec. 11-95-5.
A recreation board or other authority in which is vested the
power to establish, conduct, and maintain playgrounds and recreation
centers pursuant to this Division 95, may accept any grant or legacy of
real estate or any gift or legacy of money or other personal property or
any donation, the principal or income of which is to be applied for either
temporary or permanent use for recreation purposes. But if the acceptance
thereof for recreation purposes will subject the municipality to expense
for improvements, maintenance, or renewal, the acceptance shall be subject
to the approval of the corporate authorities of the municipality.
Money received for recreation purposes, unless otherwise provided by the
terms of the gift or legacy, shall be deposited with the municipal
treasurer to the account of the recreation board or other specified
authority. This money may be withdrawn and paid out in the same manner as
money appropriated for recreation purposes.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-95-6) (from Ch. 24, par. 11-95-6)
Sec. 11-95-6.
Subject to the adoption of a proposition therefor at a
municipal election, the corporate authorities of a municipality may provide
that the bonds of the municipality may be issued, in the manner provided by
law for the issuance of bonds for other purposes, for the purpose of
acquiring land or buildings for recreation areas, and for the equipment
thereof.
(Source: Laws 1967, p. 2586.)
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(65 ILCS 5/11-95-7) (from Ch. 24, par. 11-95-7)
Sec. 11-95-7.
Whenever a petition signed by at least 10% of the electors
of a municipality with a population of less than 500,000 is filed with the
municipal clerk the municipal clerk shall certify the question of the
establishment, maintenance, and conduct of a recreation system for submission
to the electors at an election in accordance with the general election
law. The petition shall request the corporate
authorities of the municipality to establish, maintain, and conduct a
supervised recreation system and to levy an annual tax for the establishment,
conduct, and maintenance thereof. The petition shall designate the minimum
tax to be levied except that in no case shall the tax be more than 0.09% of the value, as equalized or assessed by the Department of Revenue,
of all taxable property within the corporate limits of the municipality.
The corporate authorities may accumulate funds from the proceeds of
such tax for the purpose of building, repairs and improvements for
recreation purposes in excess of current requirements for such purposes
but subject to the limitation set herein.
(Source: P.A. 92-651, eff. 7-11-02.)
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(65 ILCS 5/11-95-8) (from Ch. 24, par. 11-95-8)
Sec. 11-95-8.
The corporate authorities of any municipality adopting
this proposition shall thereafter levy and collect, annually, a tax of
not less than the minimum set out in the specified petition nor more
than the maximum specified in Section 11-95-7. If, however, the
corporate authorities desire to levy a tax in excess of .09% but not in
excess of .20% of value for such purposes, the corporate authorities
may, by ordinance, stating the tax rate desired, cause a proposition for
an assent thereto to be submitted to the voters of the municipality. The
proposition shall be certified
by the clerk for submission by the proper election authority at an election
in accordance with the general election law. If a majority of the votes cast upon
the proposition are in favor thereof, the corporate authorities may
thereafter levy a tax for recreation purposes at the authorized
increased rate. This tax shall be in addition to taxes for general
purposes authorized by Section 8-3-1, and shall be exclusive of all
other taxes which the municipality may levy and collect.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-95-9) (from Ch. 24, par. 11-95-9)
Sec. 11-95-9.
The expense of the establishment, maintenance, and conduct of
recreation facilities and programs shall be paid out of taxes or out of
money received as, or realized from gifts received for recreation purposes.
The expenditures shall be made under the direction of the recreation board
upon warrants drawn upon the municipal treasury.
(Source: Laws 1967, p. 2586.)
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(65 ILCS 5/11-95-10) (from Ch. 24, par. 11-95-10)
Sec. 11-95-10.
All playgrounds, recreation centers, recreation
systems, and swimming pools which were provided, established, maintained
and conducted under "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 which
were being maintained and conducted immediately prior to January 1,
1942, shall be treated as properly provided and established under this
Division 95 and may be continued to be maintained and conducted under
this Division 95.
The corporate authorities of all municipalities whose electors have
approved the levy of an annual tax for the conduct and maintenance of a
supervised recreation system under the specified Act may, by ordinance
or resolution, and without referendum, increase the maximum rate at
which it levies taxes for recreation system purposes to .09% of the
value, as equalized or assessed by the Department of Revenue, of all
taxable property within the corporate limits of the
municipality, applicable on August 3, 1967.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-95-11) (from Ch. 24, par. 11-95-11)
Sec. 11-95-11.
Whenever the greater portion of the area of a city, village or
incorporated town lies within the boundaries of a single Park District,
and the population of such city, village or incorporated town
constitutes a majority of the population of the Park District, and the
city, village or incorporated town levies and collects a tax for
recreation purposes, the functions of the Recreation Commission may be
merged with and relinquished to the Park District in the manner
following: The governing board of the city, village or incorporated town
shall adopt an ordinance by a vote of not less than 2/3 of the members
thereof. The ordinance shall set forth the intent and desire of the
city, village or incorporated town to relinquish and turn over to the
Park District the function of planning, establishing and maintaining the
municipal recreation program within the boundaries of the city, village
or incorporated town and to relinquish any and all powers which it may
have to levy and collect a tax known as "The Recreation Tax". The clerk
of the city, village or incorporated town shall mail a certified copy of
the ordinance to the Park District. If the Park Commissioners of the
Park District see fit, they may adopt an ordinance, by a vote of not
less than 2/3 of the members. This ordinance shall provide that the Park
District assumes the planning, establishing and maintaining of the
municipal recreation program within the boundaries of the city and the
Park District will levy and collect a tax at a rate not to exceed that
levied by the city, village or incorporated town, but that tax may not
exceed .09%, or the rate limit in effect on July 1, 1967, whichever is
greater, of the value as equalized or assessed by the Department of
Revenue, of all taxable property in such District for
the purpose of planning, establishing and maintaining recreational
programs, such programs to include playgrounds, community and recreation
centers.
Six months from the date of the adoption of the Ordinance by the Park
District, the District shall assume the functions previously performed
by the city, village or incorporated town through its recreation
commission, or other board or commission designated by the city, village
or incorporated town. Thereafter the Park District may levy and collect
a tax of not to exceed that rate previously levied by the city, village
or incorporated town for recreation purposes, but the rate of tax may
not exceed .09%, or the rate limit in effect on July 1, 1967, whichever
is greater, of the value as equalized or assessed by the Department of
Revenue, of all taxable property in such district for
the purpose of planning, establishing and maintaining recreation
programs, such programs to include playgrounds, community and recreation
centers and which tax shall be levied and collected in like manner as
the general taxes for the District. The foregoing limitations upon tax
rates may be increased or decreased under the referendum provisions of
the General Revenue Law of the State of Illinois. The tax to be levied
under this Section shall be in addition to all other taxes authorized by
law to be levied and collected in such district and shall not be
included within any limitation of rate contained in this Code or any
other law, but shall be excluded therefrom and be in addition thereto
and in excess thereof. Whenever the tax levied under this Section shall
be levied in addition to the tax levied under Section 5-2 of "The Park
District Code", the tax levied under this Section shall be levied and
extended only upon that property located within the boundaries of the
city, village or incorporated town, which lies within the boundaries of
the park district.
Six months from date of adoption of the ordinance by the District,
the city, village or incorporated town shall turn over to the Park
District any and all funds and tax monies in its possession on that
date, received by it from the "Recreation Tax". From time to time
thereafter, the city, village or incorporated town shall turn over to
the Park District all such recreation funds and tax monies as received
from levies adopted prior to the effective date of the merger. The funds
shall be paid to the treasurer of the Park District and kept in a fund
known as the "Recreational Program Fund."
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-95-12) (from Ch. 24, par. 11-95-12)
Sec. 11-95-12.
Whenever a Park District contains, within the boundaries of the
district, the greater portion of the area of a city, village or
incorporated town, and the population of the city, village or
incorporated town constitutes a majority of the population of the Park
District, and the city, village or incorporated town levies and collects
a tax for recreation purposes, the functions of the Recreation
Commission may be merged with, and assumed by, the Park District in the
manner following:
The Park Commissioners shall adopt an ordinance by a vote of not less
than 2/3 of the commissioners. The ordinance shall set forth the intent
of the Park District to assume the planning, establishing and
maintaining of the municipal recreation program within the boundaries of
the Park District, and to levy and collect a tax for such purposes, at a
rate not to exceed that levied by the city, village or incorporated
town, which rate shall not exceed .09%, or the rate limit in effect on
July 1, 1967, whichever is greater, of the value, as equalized or
assessed by the Department of Revenue of all taxable
property in such district. The Secretary of the Park District shall mail
a certified copy of the ordinance to the city, village or incorporated
town. If the governing board of the city, village or incorporated town
sees fit, they may adopt an ordinance, by a vote of not less than 2/3 of
its members. This ordinance shall state that the city, village or
incorporated town relinquishes any and all control and management of the
planning, establishing and maintaining of the municipal recreation
program within its boundaries to the Park District together with
relinquishing its tax levy for recreation purposes.
Six months from the date of adoption of such an ordinance by the
city, village or incorporated town, the Park District shall assume the
functions previously performed by the city, village or incorporated town
through its recreation commission, or other board or commission
designated by the city, village or incorporated town. Thereafter the
Park District may levy and collect a tax of not to exceed that rate
previously levied by the city, village or incorporated town for
recreation purposes, but the rate of the tax may not exceed .05%, or the
rate limit in effect on July 1, 1967, whichever is greater, of the value
as equalized or assessed by the Department of Revenue,
of all taxable property in the district. The tax funds shall be used for
the purpose of planning, establishing and maintaining recreation
programs, such programs to include playgrounds, community and recreation
centers. The tax shall be levied and collected in like manner as the
general taxes for the District. The foregoing limitations upon tax rates
may be increased or decreased under the referendum provisions of the
General Revenue Law of the State of Illinois. The tax to be levied under
this Section shall be in addition to all other taxes authorized by law
to be levied and collected in such district and shall not be included
within any limitation of rate contained in this Code or any other law,
but shall be excluded therefrom and be in addition thereto and in excess
thereof.
Six months from the date of adoption of the ordinance by the city,
village or incorporated town, it shall turn over to the Park District
any and all recreation funds and tax monies in its possession on that
date, received by it from the "Recreation Tax". From time to time
thereafter, the city, village or incorporated town shall turn over to
the Park District all such recreation funds and tax monies received from
levies adopted prior to the effective date of the merger. The funds
shall be paid to the treasurer of the Park District and kept in a fund
to be known as the "Recreational Program Fund".
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-95-13) (from Ch. 24, par. 11-95-13)
Sec. 11-95-13.
The corporate authorities of a municipality specified in Section 11-95-2
and a recreation board specified in Section 11-95-3 are authorized to
establish, maintain and manage recreational programs for persons with disabilities,
including both persons with mental disabilities and persons with physical disabilities, to provide
transportation for persons with disabilities to and from such programs, to provide
for such examination of participants in such programs as may be deemed
necessary, to charge fees for participating in such programs, the fee
charged for non-residents of such municipality need not be the same as the
fees charged the residents of the municipality, and to charge fees for
transportation furnished to participants.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/11-95-14) (from Ch. 24, par. 11-95-14)
Sec. 11-95-14.
The corporate authorities of any 2 or more
municipalities specified in Section 11-95-2 and any 2 or more recreation
boards specified in Section 11-95-3, or any combination thereof, are
authorized to take any action jointly relating to recreational programs
for persons with disabilities that could be taken individually and to enter into
agreements with other such
recreation boards, corporate authorities and park districts or any
combination thereof, for the purpose of providing for the establishment,
maintenance and management of joint recreational programs for persons with disabilities of all the participating districts and municipal areas,
including provisions for transportation of participants, procedures for
approval of budgets, authorization of expenditures and sharing of
expenses, location of recreational areas in the area of any of the
participating districts and municipalities, acquisition of real estate by
gift, legacy, grant, or purchase, employment of a director and
other professional workers for such program who may be employed by one
participating district, municipality or board which shall be reimbursed
on a mutually agreed basis by the other municipalities, districts and
boards that are parties to the joint agreement, authorization for one
municipality, board or district to supply professional workers for a
joint program conducted in another municipality or district and to
provide other requirements for operation of such joint program as may be
desirable. The corporate authorities of any municipality that is a
party to a joint agreement entered into under this Section may levy and
collect a tax, in the manner provided by law for the levy and collection
of other municipal taxes in the municipality but in addition to taxes
for general purposes authorized by Section 8-3-1 or levied as limited by
any provision of a special charter under which the municipality is
incorporated, at not to exceed .04% of the value, as equalized or
assessed by the Department of Revenue, of all taxable
property within the municipality for the purpose of funding that
municipality's share of the expenses for providing the programs under
that joint agreement. However, no tax may be levied pursuant to this
Section in any area in which a tax is levied under Section 5-8 of the Park
District Code.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/Art. 11 Div. 96 heading) DIVISION 96.
JOINT PROPERTY OF
MUNICIPALITIES AND PARK DISTRICTS
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(65 ILCS 5/11-96-1) (from Ch. 24, par. 11-96-1)
Sec. 11-96-1.
The corporate authorities of each municipality may control
the property of the corporation and may provide for joint ownership with
any one or more park districts of real and personal property used for park
purposes by such park district or districts. In case of joint ownership,
the terms of the agreement shall be fair, just and equitable to all parties
and shall be set forth in a written agreement entered into by the corporate
authorities of each participating district and municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-96-5)
Sec. 11-96-5.
Municipal and park district tax.
(a) If property within a municipality also lies within a park district and
the same property is being taxed for park or recreation purposes by both the
municipality and the park district, then the corporate authorities of the
municipality may adopt an ordinance or resolution to pay all or part of the
park district tax
for the property according to subsection (b). If the corporate authorities of
a municipality adopt a resolution or ordinance under this Section, then the
corporate authorities shall certify the action to the county clerk.
(b) Before the county clerk extends the tax levy of the park district, the
corporate authorities of the municipality
may order the municipal treasurer
to pay a specified amount into a special abatement fund held by the county
treasurer.
The county clerk shall then abate the park district tax
extension on the property within the municipality by the amount in the
abatement fund by apportioning the abatement amount for each parcel of property
according to the assessed value as equalized by the board of review and
Department of Revenue. The county treasurer shall then pay the money in the
abatement fund to the park district.
If the amount in the abatement fund is more
than the amount of the current tax levy extended on the property, then the
county treasurer shall return the surplus amount to the municipal treasurer.
(c) For the purposes of the Property Tax Extension Limitation Law,
the amount of the extension abatement shall continue to
be included in the park district's aggregate extension base.
(d) The municipal tax and abatement shall not exceed a period of 10 years.
(Source: P.A. 91-885, eff. 7-6-00.)
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(65 ILCS 5/Art. 11 Div. 97 heading) DIVISION 97.
PLEASURE DRIVEWAYS
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(65 ILCS 5/11-97-1) (from Ch. 24, par. 11-97-1)
Sec. 11-97-1.
The corporate authorities of any municipality, whether
incorporated under the general law or a special charter, may designate by
ordinance the whole or any part of not to exceed 2 streets, roads, avenues,
boulevards, or highways, under their jurisdiction, as public driveways, to
be used for pleasure driving only, and to improve and maintain the same,
and also to lay out, establish, open, alter, widen, extend, grade, pave, or
otherwise improve and maintain not more than 2 roads, streets, or avenues,
and designate them as pleasure driveways to be used for pleasure driving
only. But these powers can only be exercised when the corporate authorities
are petitioned to do so by the owners of more than two-thirds of the
frontage of land fronting upon a proposed pleasure driveway.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-97-2) (from Ch. 24, par. 11-97-2)
Sec. 11-97-2. The corporate authorities of any municipality, whether
incorporated under the general law or a special charter, may lay out,
establish, open, alter, widen, extend, grade, pave, or otherwise improve
and maintain one or more driveways from the corporate limits of the
municipality to parks owned by the municipality outside its corporate
limits. The cost of these driveways may be paid out of any fund in the
municipal treasury, acquired under the authority of law for park purposes.
The corporate authorities may acquire the land necessary for this purpose
by purchase, legacy or gift, or in case the land cannot be so acquired,
they may acquire it by condemnation in the manner provided for the exercise
of the right of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-97-3) (from Ch. 24, par. 11-97-3)
Sec. 11-97-3.
Pleasure driveways specified in Section 11-97-1 may be laid
out, extended, and improved under the provisions of Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-97-4) (from Ch. 24, par. 11-97-4)
Sec. 11-97-4.
The corporate authorities, by ordinance, may regulate,
restrain, and control the speed of travel upon these pleasure driveways,
may prescribe the kind of vehicles that shall be allowed thereon, and in
all things may regulate, restrain, and control the use of these pleasure
driveways. The corporate authorities may exclude therefrom funeral
processions, hearses, and traffic teams and vehicles, so as to free these
pleasure driveways from all business traffic or objectionable travel and
make them pleasure driveways for pleasure driving only. They may prescribe
in that ordinance such fines or penalties for the violation thereof as they
are allowed by law to prescribe for the violation of other ordinances.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 98 heading) DIVISION 98.
PARKS IN CITIES AND VILLAGES
OF LESS THAN 50,000
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(65 ILCS 5/11-98-1) (from Ch. 24, par. 11-98-1)
Sec. 11-98-1.
The corporate authorities of each city and village with a population of
less than 85,000, whether incorporated under the general law or a
special charter, may purchase, establish, and maintain public parks for
the use and benefit of the inhabitants of the municipality. For that
purpose, the corporate authorities may levy a tax not to exceed .075%,
or the rate limit in effect on September 1, 1967, whichever is greater,
of the value, as equalized or assessed by the Department of Revenue,
annually on all taxable property embraced in the
municipality for the current year. This tax shall be levied and
collected in the manner provided by law for the levy and collection of
other municipal taxes in the municipality.
If the inhabitants of a specified municipality with a population of
500 or more so determine, as provided by Section 11-98-2, this annual
tax may be levied in that municipality in addition to taxes for general
purposes authorized by Section 8-3-1, and in addition to taxes levied as
limited by any provision of a special charter under which the
municipality is now incorporated.
The corporate authorities have the power to lease such a public park
for the purpose of holding county fairs therein.
The foregoing limitations upon tax rates may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-98-2) (from Ch. 24, par. 11-98-2)
Sec. 11-98-2.
In any city or village with a population of 500 or more
but less than 50,000, upon a petition signed by electors of the
municipality equal in number to 1% of the number of votes cast at the
last preceding general municipal election but in no case fewer than 100
electors, the municipal clerk of the municipality shall certify for submission
at an election in accordance with the general election law, a proposition
to levy additional taxes for park purposes as provided by Section 11-98-1.
The proposition shall be in
substantially the following form:
Shall an annual tax of not exceeding .......% on all taxable property within the city (or YES village) be levied in addition to taxes for general purposes as authorized by Section 8-3-1 of the Illinois Municipal Code, NO for the purpose of maintaining a park in the ....?
If a majority of the electors voting upon the proposition vote in
favor thereof, the specified tax shall be levied and collected as
provided by Section 11-98-1.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-98-3) (from Ch. 24, par. 11-98-3)
Sec. 11-98-3.
Any specified municipality which heretofore has authorized or
hereafter may authorize the levy of the tax provided for by Section 11-98-1
or by "An Act to authorize certain cities and villages to establish and
maintain public parks by taxation and to lease the same to county fairs,"
approved May 13, 1907, as amended, at a time when the population of the
municipality was less than 50,000, may continue the levy annually at
one-half of the rate approved by the referendum required under Section 2 of
that Act or at the rate provided under Section 11-98-1, notwithstanding
that after that approval the population of the municipality has increased
to 50,000 or more.
The foregoing limitations upon tax rates may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 76-1235.)
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(65 ILCS 5/11-98-4) (from Ch. 24, par. 11-98-4)
Sec. 11-98-4.
Any city or village a majority of whose electors voting
thereon have voted in favor of a proposition to levy an additional tax for
park purposes as provided in "An Act to authorize certain cities and
villages to establish and maintain public parks by taxation and to lease
the same to county fairs," approved May 13, 1907, as amended, shall
continue to levy and collect the additional tax thereby approved as
provided by and at the rate authorized in Section 11-98-1 without
submitting the proposition specified in Section 11-98-2 to the electors for
approval.
The foregoing limitations upon tax rates may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 76-1235.)
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(65 ILCS 5/Art. 11 Div. 99 heading) DIVISION 99.
PARKS AND BOULEVARDS IN CITIES FROM 5,000 TO 100,000
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(65 ILCS 5/11-99-1) (from Ch. 24, par. 11-99-1)
Sec. 11-99-1.
Subject to the provisions of Section 11-99-3, the city council in
every city with a population of not less than 5,000 nor more than
100,000, whether incorporated under the general law or special charter,
has the power, by ordinance, to levy annually a tax not to exceed .03%
of the value, as equalized or assessed by the Department of Revenue,
of the taxable property within the corporate limits
of the city for the current year. This tax shall be levied and collected
in the same manner as the other general taxes for that city are levied
and collected. When collected, the money from this tax shall be placed
in a separate fund to be used only for the purpose of purchasing land
for parks and boulevards in and around the city, and for the purpose of
opening, improving, and maintaining these parks and boulevards. This
annual park and boulevard tax shall be levied in addition to taxes for
general purposes authorized by Section 8-3-1 and in addition to the
taxes as limited by any provision of any special charter under which the
city is now incorporated.
An amount not to exceed 20% of this special fund may be expended for
the purpose of providing music in city-owned parks during the months of
May, June, July, August, and September in each year.
The foregoing limitation upon tax rates 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 5/11-99-2) (from Ch. 24, par. 11-99-2)
Sec. 11-99-2.
Where a boulevard and park association incorporated under the
general law is doing the work provided for under Section 11-99-1, the
proceeds of the specified tax may be transferred to that association for
the purposes specified in that section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-99-3) (from Ch. 24, par. 11-99-3)
Sec. 11-99-3.
No city is authorized to levy or collect the tax
provided for by Section 11-99-1 until the question of that levy has been
certified by the clerk and
submitted to the electors of the city at an election in accordance with
the general election law
and authorized by a majority of the votes cast on the question.
However, in any city whose electors have authorized the levy of a tax
under "An Act to provide for the assessment and collection of a general
tax by cities for parks and boulevard purposes," approved June 17, 1893,
as amended, that tax may be continued to be levied under Sections
11-99-1 through 11-99-3 without submitting the question of its levy to
the electors for approval.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 100 heading) DIVISION 100.
PARKS IN CITIES OF LESS THAN
15,000 INHABITANTS
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(65 ILCS 5/11-100-1) (from Ch. 24, par. 11-100-1)
Sec. 11-100-1.
Every city with a population not exceeding 15,000 has
the power to acquire by purchase, or otherwise, land in or within 4
miles of the corporate limits of the city for the purpose of providing
public parks for the use of the city's inhabitants. It may enclose,
improve, and maintain such a public park and regulate its use by
ordinance. However, no money shall be expended for the purchase of any
land for the designated purpose until the question whether the money
shall be so expended has been certified by the clerk and submitted to
a vote of the electors of the
city at an election in accordance with the general election law, and
has received the approval of a majority
of the votes cast on the question.
But any city whose electors have approved the question of the
expenditure of money for the purchase of land for the designated purpose
under "An Act to enable certain cities to provide and maintain public
parks for the use of the inhabitants thereof," approved April 24, 1899,
as amended, may continue to expend money for the designated purpose
without submitting the question to the electors for approval under
Sections 11-100-1 and 11-100-2.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-100-2) (from Ch. 24, par. 11-100-2)
Sec. 11-100-2.
A city specified in Section 11-100-1 may borrow money and
levy and collect a general tax for the purpose of providing public parks
for the use of the city's inhabitants or for the purpose of enclosing,
improving, and maintaining them in the same manner as for the purpose of
purchasing and maintaining water works under the laws of this state. It may
appropriate money for these purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 101 heading)
AIRPORTS
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(65 ILCS 5/Art. 11 Div. 101 heading) DIVISION 101.
AIRPORTS - GENERAL AUTHORITY
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(65 ILCS 5/11-101-1) (from Ch. 24, par. 11-101-1)
Sec. 11-101-1.
The corporate authorities of each municipality may establish
and maintain public airports either within or without the corporate limits
of the municipality and provide for the safe approach thereto and take-off
therefrom by aircraft; may construct, reconstruct, expand and improve
landing fields, landing strips, hangars, terminal buildings and other
structures and may provide any terminal facilities for such airports; may
acquire by gift, grant, lease, purchase, condemnation or otherwise any
private property or property devoted to any public use or rights or
easements therein for any of the purposes specified in this section; may
contract for the removal or relocation of all buildings, railways, mains,
pipes, conduits, wires, poles, and all other structures, facilities and
equipment which may interfere with the location, expansion or improvement
of any public airport, or with the safe approach thereto or takeoff
therefrom by aircraft, and may assume any obligation and pay any expense
incidental thereto; may operate any public airport and may charge and
collect rents, rates or other compensation for any use thereof or for any
service rendered by the municipality in the operation thereof, provided
that, subject to the capacity thereof, the landing field and landing strips
shall be available to any person, without unjust or unreasonable
discrimination as to services and charges, for landing and take-off by any
aircraft; may let to, or enter into any operating agreement with, any
person for operation and maintenance of any public airport, but all such
leases and operating agreements shall provide that, subject to the capacity
thereof, the landing field and landing strips shall be available to any
person, without unjust or unreasonable discrimination as to services and
charges, for landing and take-off by any air craft; may let to any person,
or grant concessions or privileges in, any land adjoining the landing field
or any building or structure on such land for the shelter, servicing,
manufacturing and repair of aircraft, aircraft parts and accessories, for
receiving and discharging passengers and cargo, and for the accommodation
of the public at such airport; may regulate the use of such airports, the
navigation of aircraft over such airports and the approach of aircraft and
their take-off from such airports. This section is subject to the
provisions of the Illinois Aeronautics Act, as heretofore and hereafter
amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-101-2) (from Ch. 24, par. 11-101-2)
Sec. 11-101-2.
Whenever the corporate authorities of any municipality have
established an airport outside the corporate limits of the municipality
and have determined that it is essential to the proper and safe construction
and maintenance of such airport to vacate any roads, highways, streets,
alleys, or parts thereof in unincorporated territory lying within the airport
area or any enlargement thereof, and have determined that the public interest
will be subserved by such vacation, they may vacate such roads, highways,
streets, alleys, or parts thereof, by an ordinance. Provided however, that
such municipality shall have first acquired the land on both sides of such
roads, highways, streets, alleys, or parts thereof; provided, also, that
in the case of a road, highway, street or alley or part thereof, under the
jurisdiction of the Department of Transportation, the consent of the Department
shall be obtained before the ordinance shall become effective. Such ordinance
shall be passed by the affirmative vote of at least 3/4
of all alderpersons, trustees or
commissioners authorized by
law to be elected. Such vacation shall be effective upon passage of the
ordinance and recording of a certified copy thereof with the recorder of
the county within which the roads, highways, streets, alleys,
or parts thereof are situated.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/11-101-3) Sec. 11-101-3. Noise mitigation; air quality. (a) A municipality that has implemented a Residential Sound Insulation Program to mitigate aircraft noise shall perform indoor air quality monitoring and laboratory analysis of windows and doors installed pursuant to the Residential Sound Insulation Program to determine whether there are any adverse health impacts associated with off-gassing from such windows and doors. Such monitoring and analysis shall be consistent with applicable professional and industry standards. The municipality shall make any final reports resulting from such monitoring and analysis available to the public on the municipality's website. The municipality shall develop a science-based mitigation plan to address significant health-related impacts, if any, associated with such windows and doors as determined by the results of the monitoring and analysis. In a municipality that has implemented a Residential Sound Insulation Program to mitigate aircraft noise, if requested by the homeowner pursuant to a process established by the municipality, which process shall include, at a minimum, notification in a newspaper of general circulation and a mailer sent to every address identified as a recipient of windows and doors installed under the Residential Sound Insulation Program, the municipality shall replace all windows and doors installed under the Residential Sound Insulation Program in such homes where one or more windows or doors have been found to have caused offensive odors. Subject to appropriation, the municipality shall replace windows and doors in at least 750 residences a year. Residents who altered or modified a replacement window or accepted a replacement screen for the window shall not be disqualified from compensation or future services. Only those homeowners who request that the municipality perform an odor inspection as prescribed by the process established by the municipality within 6 months of notification being published and mailers being sent shall be eligible for odorous window and odorous door replacement. Residents who are eligible to receive replacement windows shall be allowed to choose the color and type of replacement window. For purposes of aiding in the selection of such replacement windows, a showcase and display of available replacement window types shall be established and located at Chicago Midway International Airport. Homes that have been identified by the municipality as having odorous windows or doors are not required to make said request to the municipality. The right to make a claim for replacement and have it considered pursuant to this Section shall not be affected by the fact of odor-related claims made or odor-related products received pursuant to the Residential Sound Insulation Program prior to June 5, 2019 (the effective date of this Section). The municipality shall also perform in-home air quality testing in residences in which windows and doors are replaced under this Section. In order to receive in-home air quality testing, a homeowner must request such testing from the municipality, and the total number of homes tested in any given year shall not exceed 25% of the total number of homes in which windows and doors were replaced under this Section in the prior calendar year. (b) An advisory committee shall be formed, composed of the following: (i) 2 members of the municipality who reside in homes that have received windows or doors pursuant to the Residential Sound Insulation Program and have been identified by the municipality as having odorous windows or doors, appointed by the Secretary of Transportation; (ii) one employee of the Aeronautics Division of the Department of Transportation; (iii) 2 employees of the municipality that implemented the Residential Sound Insulation Program in question; and (iv) 2 members appointed by the Speaker of the House of Representatives, 2 members appointed by the President of the Senate, one member appointed by the Minority
Leader of the House of Representatives, and one member appointed
by the Minority Leader of the Senate. The advisory committee shall determine by majority vote which homes contain windows or doors that cause offensive odors and thus are eligible for replacement, shall promulgate a list of such homes, and shall develop recommendations as to the order in which homes are to receive window replacement. The recommendations shall include reasonable and objective criteria for determining which windows or doors are odorous, consideration of the date of odor confirmation for prioritization, severity of odor, geography and individual hardship, and shall provide such recommendations to the municipality. The advisory committee shall develop a process in which homeowners can demonstrate extreme hardship. As used in this subsection, "extreme hardship" means: liquid infiltration of the window or door; health and medical condition of the resident; and residents with sensitivities related to smell. At least 10% of the homes receiving a replacement in a year shall be homes that have demonstrated extreme hardship. The advisory committee shall compile a report demonstrating: (i) the number of homes in line to receive a replacement; (ii) the number of homes that received replacement windows or doors, or both; (iii) the number of homes that received financial compensation instead of a replacement; and (iv) the number of homes with confirmed mechanical issues. Until December 31, 2022, the report shall be compiled monthly, after December 31, 2022, the report shall be complied quarterly. The advisory committee shall accept all public questions and furnish a written response within 2 business days. The advisory committee shall comply with the requirements of the Open Meetings Act. The Chicago Department of Aviation shall provide administrative support to the committee. The municipality shall consider the recommendations of the committee but shall retain final decision-making authority over replacement of windows and doors installed under the Residential Sound Insulation Program, and shall comply with all federal, State, and local laws involving procurement. A municipality administering claims pursuant to this Section shall provide to every address identified as having submitted a valid claim under this Section a quarterly report setting forth the municipality's activities undertaken pursuant to this Section for that quarter. However, the municipality shall replace windows and doors pursuant to this Section only if, and to the extent, grants are distributed to, and received by, the municipality from the Sound-Reducing Windows and Doors Replacement Fund for the costs associated with the replacement of sound-reducing windows and doors installed under the Residential Sound Insulation Program pursuant to Section 6z-20.1 of the State Finance Act. In addition, the municipality shall revise its specifications for procurement of windows for the Residential Sound Insulation Program to address potential off-gassing from such windows in future phases of the program. A municipality subject to the Section shall not legislate or otherwise regulate with regard to indoor air quality monitoring, laboratory analysis or replacement requirements, except as provided in this Section, but the foregoing restriction shall not limit said municipality's taxing power. (c) A home rule unit may not regulate indoor air quality monitoring and laboratory analysis, and related mitigation and mitigation plans, in a manner inconsistent with this Section. This Section is a limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (d) This Section shall not be construed to create a private right of action.
(Source: P.A. 102-558, eff. 8-20-21; 102-678, eff. 12-10-21; 103-200, eff. 6-30-23.) |
(65 ILCS 5/Art. 11 Div. 102 heading) DIVISION 102.
AIRPORTS FOR MUNICIPALITIES OF
500,000 OR MORE
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(65 ILCS 5/11-102-1) (from Ch. 24, par. 11-102-1)
Sec. 11-102-1.
Every municipality with a population of 500,000 or more may
establish and maintain public airports, upon (1) any land either within or
outside the corporate limits of the municipality, (2) any public waters of
the State of Illinois within the limits or jurisdiction of or bordering on
the municipality, (3) any submerged land under such public waters, and (4)
any artificial or reclaimed land which before the artificial making or
reclamation thereof constituted a portion of the submerged land under such
public waters.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
Sec. 11-102-2.
Every municipality specified in Section 11-102-1 may purchase,
construct, reconstruct, expand and improve landing fields, landing strips,
landing floats, hangars, terminal buildings and other structures relating
thereto and may provide terminal facilities for public airports; may construct,
reconstruct and improve causeways, roadways, and bridges for approaches
to or connections with the landing fields, landing strips and landing floats;
and may construct and maintain breakwaters for the protection of such airports
with a water front. Before any work of construction is commenced in, over
or upon any public waters of the state, the plans and specifications therefor
shall be submitted to and approved by the Department of Transportation of the
state.
Submission to and approval by the Department of Transportation is not
required for any work or construction undertaken as part of the O'Hare
Modernization Program as defined in Section 10 of the O'Hare Modernization
Act.
(Source: P.A. 100-201, eff. 8-18-17.)
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(65 ILCS 5/11-102-3) (from Ch. 24, par. 11-102-3)
Sec. 11-102-3.
Every specified municipality may use, occupy, and reclaim
submerged land under the public waters of the state within the limits or
jurisdiction of or bordering upon the municipality as may be necessary or
appropriate in the exercise of the powers under Sections 11-102-1 and
11-102-2. The power granted by this section is superior to and takes
precedence over any power to reclaim such land heretofore granted to any
person which has not been exercised at the time when the municipality, by
ordinance as to such land therein particularly described, determines to
exercise the power granted by this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-102-4) (from Ch. 24, par. 11-102-4)
Sec. 11-102-4.
Every municipality specified in Section 11-102-1 may
contract for the removal or relocation of all buildings, railways, mains,
pipes, conduits, wires, poles, and all other structures, facilities and
equipment which may interfere with the location, expansion or improvement
of any public airport, or with the safe approach thereto or take-off
therefrom by aircraft, and may acquire by gift, grant, lease, purchase,
condemnation or otherwise any private property, public property or property
devoted to any public use or rights or easements therein for any purpose
authorized by this Section and Sections 11-102-1 through 11-102-3.
Nothing in this Section limits the powers of the City of Chicago to acquire
property or otherwise exercise its powers under Section 15 of the O'Hare
Modernization Act.
(Source: P.A. 93-450, eff. 8-6-03.)
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(65 ILCS 5/11-102-4a) (from Ch. 24, par. 11-102-4a)
Sec. 11-102-4a.
Any plan to change a municipal airport's physical facilities, including
but not limited to construction of runways, additions to or relocation of
runways, construction of terminals and of parking areas, shall be subject
to a public hearing if such change:
(1) would affect the residents of any contiguous municipality in the use
and enjoyment of their property;
(2) involves locating or relocating of a State, county, or municipal
street or highway or part thereof by the airport authorities and such
highway, or street, or portion thereof, so affected is situated within the
corporate limits of any contiguous municipality; or
(3) would affect any contiguous municipality in its carrying out of its
governmental or proprietary functions.
(Source: P.A. 76-1341.)
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(65 ILCS 5/11-102-4b) (from Ch. 24, par. 11-102-4b)
Sec. 11-102-4b.
The municipal clerk of the municipality which established the airport
involved shall publish notice of the hearing at least once, not more than
30 nor less than 15 days before the hearing in a newspaper of general
circulation in the municipalities affected. If no newspaper is generally
circulated in such municipality, publication shall be in a newspaper of
general circulation in the county of the municipalities affected.
(Source: P.A. 76-1341.)
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(65 ILCS 5/11-102-4c) (from Ch. 24, par. 11-102-4c)
Sec. 11-102-4c.
At the hearing the airport authorities shall make a full disclosure of
the proposed plan. All interested persons and municipalities may appear and
testify for or against any plan. The hearing may be continued from time to
time at the discretion of the airport authorities to allow necessary
changes in any proposed plan, or to hear or receive additional testimony
from interested persons or municipalities.
(Source: P.A. 76-1341.)
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(65 ILCS 5/11-102-4d) (from Ch. 24, par. 11-102-4d)
Sec. 11-102-4d.
Sections 11-102-4a, 11-102-4b, and 11-102-4c apply to an
airport which is located either within or outside of the corporate limits of
every municipality specified in Section 11-102-1 establishing the airport.
(Source: P.A. 76-1341.)
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(65 ILCS 5/11-102-5) (from Ch. 24, par. 11-102-5)
Sec. 11-102-5.
Every municipality specified in Section 11-102-1 has the
following additional powers:
(1) to operate any public airport, buildings, structures or facilities
relating thereto and to charge and collect rents, rates or other
compensation for any use thereof or for any service rendered by the
municipality in the operation thereof, provided that, subject to the
capacity thereof, the landing field, landing strips and landing float shall
be available to any person, without unjust or unreasonable discrimination
as to services and charges, for landing and take-off by any aircraft;
(2) to let to, or enter into any operating agreement with, any person
for operation and maintenance of any public airport, but all such leases
and operating agreements shall provide that, subject to the capacity
thereof, the landing field, landing strips and landing float shall be
available to any person, without unjust or unreasonable discrimination as
to services and charges, for landing and take-off by any aircraft;
(3) to let to any person, or grant concessions or privileges in, any
land adjoining the landing field or any building or structure on such land
for the shelter, servicing, manufacturing and repair of aircraft, aircraft
parts and accessories, for receiving and discharging passengers and cargo,
and for the accommodation of the public at such airport;
(4) to regulate the use of such airports, the navigation of aircraft
over such airports and the approach of aircraft and their take-off from
such airports.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-102-6) (from Ch. 24, par. 11-102-6)
Sec. 11-102-6.
Every municipality specified in Section 11-102-1 may from
time to time issue its bonds in anticipation of its revenue from such an
airport or airports or from any buildings, structures, or facilities
thereof or relating thereto to accomplish any of the purposes of this
Division 102 and to refund such bonds. These bonds may be authorized by
ordinance and may be issued in one or more series, may bear such dates,
mature at such time or times, not exceeding 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 places, be subject to such terms
of redemption, with or without premium, and may be made registrable as to
principal or as to both principal and interest, as the ordinance may
provide. These bonds may be issued without submission
thereof to the electors of the municipality for approval. The bonds shall
have all the qualities of negotiable paper under the law merchant and the
negotiable instruments law. The bonds shall be sold at a price, so that the
interest cost of the proceeds thereof shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract,
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
corporate authorities of such municipality 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 signatures of officers in
office on the date of the signing thereof shall be valid and binding
obligations notwithstanding that before the delivery thereof and payment
therefor any or all the persons whose signatures appear thereon cease to be
officers. No holder of any bond issued under this section shall ever have
the right to compel any exercise of taxing power of the municipality to pay
the bond or the interest thereon. Each bond issued under this section shall
recite in substance that the bond, including the interest thereon, is
payable from the revenue pledged to the payment thereof and that the bond
does not constitute a debt of the municipality issuing the bond within any
statutory or constitutional limitation.
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 5/11-102-7) (from Ch. 24, par. 11-102-7)
Sec. 11-102-7.
The corporate authorities of any municipality availing
itself of the provisions of Section 11-102-6 shall adopt an ordinance
describing in a general way the airport or airports or facilities thereof
or relating thereto to be purchased, established or improved and refer to
the 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 airport or airports
or facilities thereof or relating thereto or of the improvement and shall
fix the maximum amount of revenue bonds proposed to be issued therefor.
This amount shall not exceed the estimated cost of the airport or airports
or facilities thereof or relating thereto or of the improvement including
engineering, legal, and other expenses together with interest cost to a
date 6 months subsequent to the estimated date of completion. Such
ordinance may contain such covenants, which shall be part of the contract
between the municipality and the holders of such bonds and the trustee, if
any, for such bondholders having such rights and duties as may be provided
therein for the enforcement and protection of such covenants, as may be
deemed necessary or advisable as to:
(a) the issuance of additional bonds that may thereafter be issued
payable from the revenues derived from the operation of any such airport or
airports, buildings, structures and facilities and for the payment of the
principal and interest upon such bonds;
(b) the regulations as to the use of any such airport or airports and
facilities to assure the maximum use or occupancy thereof;
(c) the kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
revenues derived from the airport or airports and facilities;
(d) operation, maintenance, management, accounting and auditing,
employment of airport engineers and consultants and the keeping of records,
reports and audits of any such airport or airports and facilities;
(e) the obligation of the municipality to maintain the airport or
airports and facilities in good condition and to operate the same in an
economical and efficient manner;
(f) providing for setting aside of 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 airport or airports, buildings,
structures 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 rents, rates of toll and other charges
for the use of such airport or airports or any buildings, structures or
facilities located thereon or related thereto, 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 such 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 proceeding, enforce or compel the
performance of all duties required by this Division 102 including the
fixing, maintaining and collecting of such rents, rates or other charges
for the use of such airport or airports or of any buildings, structures or
other facilities located thereon or relating thereto or for any service
rendered by the municipality 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 the same become due and reserves
therefor and sufficient to pay the cost of maintenance, operation and
depreciation of the airport or airports and facilities in the order of
priority as provided in the ordinance authorizing the bonds, and the
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 airport or airports and
facilities and prompt payment of the principal of and interest upon the
bonds so authorized. After this ordinance has been adopted it shall be
published once in a newspaper published and having a general circulation in
the municipality and may not thereafter be amended or rescinded except as
may be provided by specific covenant contained therein as hereinabove
authorized. After the expiration of 10 days from the date of this
publication the ordinance shall be in effect.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-102-8) (from Ch. 24, par. 11-102-8)
Sec. 11-102-8.
Whenever revenue bonds are issued and outstanding under
Sections 11-102-6 and 11-102-7, the entire revenue received from the
operation of the airport or airports or from any building, structures, 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 airport or airports 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 11-102-7. Such revenue in excess of
requirements for payment of principal of and interest upon these bonds and
reserves therefor and for payment of cost of maintenance, operation and
depreciation of the airport or airports and facilities may be used for
rehabilitation of existing airports and facilities, necessary
reconstruction and expansion, construction of new facilities or for
retirement of any outstanding bonds issued for airport purposes. After all
such bonds have been paid, such revenues may be transferred to the general
corporate fund of any such municipality and may be used for the
maintenance, operation, repair and development of such airport or airports
or buildings, structures or facilities thereof or relating thereto or for
any corporate purpose.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-102-9) (from Ch. 24, par. 11-102-9)
Sec. 11-102-9.
Every municipality specified in Section 11-102-1 may secure
grants and loans, or either, from the United States government, or any
agency thereof, for financing the establishment and construction of any
airport, or any part thereof, authorized by this Division 102. 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 Section 11-102-6, 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 municipality theretofore issued that are payable
from the revenues derived from the operation of the airport or airports or
from any buildings, structures or facilities thereof or relating thereto.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-102-10) (from Ch. 24, par. 11-102-10)
Sec. 11-102-10.
The provisions of this Division 102 are subject to the
provisions of the Illinois Aeronautics Act, as heretofore and hereafter
amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-102-15)
Sec. 11-102-15. Chicago Midway International Airport; application of other Acts. In addition to the provisions of this Division 102, Chicago Midway International Airport is subject to the provisions of the Local Government Facility Lease Act.
(Source: P.A. 94-750, eff. 5-9-06.) |
(65 ILCS 5/Art. 11 Div. 103 heading) DIVISION 103.
AIRPORTS FOR MUNICIPALITIES OF
LESS THAN 500,000
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(65 ILCS 5/11-103-1) (from Ch. 24, par. 11-103-1)
Sec. 11-103-1.
Every municipality having a population of less than 500,000
may acquire, own, construct, manage, maintain, and operate, within or
outside the corporate limits of the municipality, airports and landing
fields, together with all land, appurtenances, and easements, required
therefor or deemed necessary and useful in connection therewith and in
accordance with the purposes expressed in this section, including
structures of all kinds.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-2) (from Ch. 24, par. 11-103-2)
Sec. 11-103-2.
Every municipality specified in Section 11-103-1 may, for
airport and landing field purposes, (1) acquire by dedication, gift, lease,
contract, purchase, or condemnation under power of eminent domain, all
property and rights, necessary or proper, within and outside the corporate
limits of the municipality, (2) appropriate money, (3) levy and collect
taxes, and (4) borrow money and issue bonds on the credit of the
municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-3) (from Ch. 24, par. 11-103-3)
Sec. 11-103-3. In all cases where property or rights are acquired or sought
to be acquired by condemnation, the procedure shall be, as nearly as may
be, like that provided for the exercise of the
right of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-103-4) (from Ch. 24, par. 11-103-4)
Sec. 11-103-4.
All land and appurtenances thereto, acquired, owned, leased,
or occupied by a municipality for any purpose specified in Section 11-103-1
are acquired, owned, leased, and occupied for a public purpose.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-5) (from Ch. 24, par. 11-103-5)
Sec. 11-103-5.
The corporate authorities of a specified municipality may
make all reasonable rules and regulations, for air traffic and airport or
landing field conduct, and for the management and control of the municipality's
airport or landing field and other air navigation facilities and property
under their control. These rules and regulations shall not be in conflict
with the laws of the state, or the ordinances of the municipality, or the
laws or regulations of the United States, or the regulations of the Illinois
Commerce Commission, or the rules, rulings, regulations, orders or decisions
of the Department of Transportation.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-103-6) (from Ch. 24, par. 11-103-6)
Sec. 11-103-6.
The corporate authorities of a municipality under this
Division 103 may (1) lease all or any part of the municipality's airport,
landing field, facilities, and other structures, and fix and collect
rentals therefor, (2) fix, charge, and collect rentals, tolls, fees, and
charges to be paid, for the use of the whole or any part of the airport or
landing field, buildings, or other facilities, (3) make contracts for the
operation and management of the airport, landing field, or other air
navigation facilities, and (4) provide for the use, management, and
operation of the airport, landing field, or air navigation facilities
through lessees thereof, or through its own employees, or otherwise.
However, no lease for the operation or management of an airport, landing
field, or air navigation facilities shall be made for more than one year
except to the highest and best bidder, after notice of the lease or
contract has been given, not more than 30 nor less than 15 days in advance
of the date of the lease or contract, by publishing a notice thereof at
least twice 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.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-7) (from Ch. 24, par. 11-103-7)
Sec. 11-103-7.
The corporate authorities of such municipality may vacate
roads, highways, streets, and alleys, or parts thereof, within or without
the corporate limits of the municipality, when the vacation is deemed
essential to the proper and safe construction and maintenance of the
municipality's airport or landing field.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-8) (from Ch. 24, par. 11-103-8)
Sec. 11-103-8.
All appropriations and bond issues for the use of the
municipality's airport, landing field, or other air navigation facilities
shall be made by the corporate authorities of the municipality in the
manner provided by law for other municipal purposes. All warrants upon
which any portion of this fund is to be paid out shall bear the signature
of the officials that may be designated by the corporate authorities of the
municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-9) (from Ch. 24, par. 11-103-9)
Sec. 11-103-9.
The corporate authorities of a specified municipality, in
the manner and at the time provided by law, shall provide by ordinance for
the levy and collection of a direct annual tax sufficient to pay the
maturing principal and interest on the bonds issued under Sections 11-103-1
through 11-103-10.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-10) (from Ch. 24, par. 11-103-10)
Sec. 11-103-10.
Municipalities may exercise the powers granted by Sections
11-103-1 through 11-103-9, jointly and cooperatively, provided the
conditions upon which the powers are exercised are evidenced by an
agreement approved and recorded by their several corporate authorities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-11) (from Ch. 24, par. 11-103-11)
Sec. 11-103-11.
The corporate authorities of every municipality which
acquires or constructs an airport or landing field as provided in Section
11-103-1 may issue the municipality's negotiable bonds for the purpose of
purchasing any existing claims or liens against the fee of the property on
which the airport or landing field is located. These bonds shall be issued
for such denominations, maturable at such time, bearing such rate of
interest, not in excess of the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
and payable at such place as the corporate authorities may determine.
All bonds issued under this section shall be secured by the airport or
landing field property and shall be payable solely from this property or
the revenue derived from the operation or leasing of the airport, landing
field, and facilities, or appurtenances thereof. These bonds shall not, in
any event, constitute an indebtedness of the municipality within the
meaning of any constitutional or statutory limitation. Each bond shall
plainly state on its face that it has been issued under the provisions of
this section and that it does not constitute an indebtedness of the
municipality within any constitutional or statutory limitation.
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 5/11-103-12) (from Ch. 24, par. 11-103-12)
Sec. 11-103-12.
The corporate authorities of any municipality specified
in Section 11-103-1, for the purpose of acquiring land for an airport or
landing field or constructing an airport or landing field, or both, may
borrow money and as evidence thereof may issue bonds, payable solely from
revenue derived, from the operation or leasing of the airport, landing
field, and facilities or appurtenances thereof. These bonds may be issued
in such amounts as may be necessary to provide sufficient funds to pay all
costs of acquiring the land for an airport or landing field or constructing
an airport or landing field, or both, including engineering, legal, and
other expenses, together with interest on these bonds, to a date 6 months
subsequent to the estimated date of completion.
Whenever the corporate authorities of a specified municipality
determine to acquire land for an airport or landing field or to
construct an airport or landing field, or both, and to issue bonds under
this section for the payment of the cost thereof, the corporate
authorities shall adopt an ordinance describing in a general way the
contemplated project and refer to the plans and specifications therefor.
These plans and specifications shall be filed with the municipal clerk
and shall be open for inspection by the public.
This ordinance shall set out the estimated cost of the project, fix
the amount of revenue bonds to be issued, the maturity or maturities
thereof, the interest rate, which shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable
annually or semi-annually, and all details in connection with the bonds.
The ordinance shall also declare that a statutory mortgage lien shall
exist upon the property of the airport or landing field, and shall
pledge the revenue derived from the operation or leasing of the airport,
landing field, and the facilities and appurtenances thereof for the
payment of maintenance and operating costs, providing an adequate
depreciation fund, and paying the principal and interest of the revenue
bonds issued thereunder.
After this ordinance has been adopted, it shall be published in the
same manner and form as is required for other ordinances of the
municipality.
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 question of acquiring land for an airport or landing field or constructing
such 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 as provided in this
section within 30 days after the publication or posting of this
ordinance, the ordinance shall be in effect after the expiration of this
30 day period. But if within this 30 day period a petition is filed with
the municipal clerk signed by electors of the municipality numbering
10% or more of the number of registered voters in the municipality,
asking that the question of acquiring land for an airport or
landing field or constructing an airport or landing field, or both, and
the issuance of the specified bonds, be submitted to the electors
thereof, the municipal clerk shall certify that question for submission at
an election in accordance with the general election law.
If a majority of the votes cast on the question are in
favor of acquiring land for an airport or landing field or constructing
an airport or landing field, or both, and in favor of the issuance of
the specified bonds, this ordinance shall be in effect. But if a
majority of the votes cast on the question are against the project and
the issuance of the bonds, this ordinance shall not become effective.
Bonds issued under this section are negotiable instruments, and shall
be executed by the mayor or president and by the municipal clerk of the
municipality. In case any officer whose signature appears on the bonds
or coupons ceases to hold that office before the bonds are delivered,
his signature, nevertheless shall be valid and sufficient for all
purposes, the same as though he had remained in office until the bonds
were delivered.
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; 87-767.)
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(65 ILCS 5/11-103-13) (from Ch. 24, par. 11-103-13)
Sec. 11-103-13.
Bonds issued under Section 11-103-12 shall be payable
solely from the revenue derived from the operation or leasing of the
airport, landing field, and facilities or appurtenances thereof. These
bonds shall not, in any event, constitute an indebtedness of the
municipality, within the meaning of any constitutional or statutory
limitation. Each bond shall plainly state on its face that it has been
issued under the provisions of Section 11-103-12 and that it does not
constitute an indebtedness of the municipality within any constitutional or
statutory limitation.
These bonds shall be sold in such manner and upon such terms as the
corporate authorities shall determine. If the bonds are issued to bear
interest at a rate not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
they shall be sold for not less than par and accrued interest. If the bonds
are issued to bear interest at a rate of less than the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, the minimum price at which they may be sold shall
be such that the interest cost of the municipality of the proceeds of the
bonds shall not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
computed to maturity, according to the standard table of bond values.
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 5/11-103-14) (from Ch. 24, par. 11-103-14)
Sec. 11-103-14.
Whenever revenue bonds are issued under Section 11-103-12,
all revenue derived from the operation of the specified airport, landing
field, and facilities or appurtenances thereof, shall be set aside as
collected and shall be deposited in a separate fund designated as the
airport fund of the municipality. This fund shall be used only in paying
the cost of operation and maintenance of the airport or landing field, in
providing an adequate depreciation fund, and in paying the principal of and
interest upon the revenue bonds issued under Section 11-103-12.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-103-15) (from Ch. 24, par. 11-103-15)
Sec. 11-103-15.
A statutory mortgage lien exists upon the airport or
landing field and the facilities and appurtenances thereof acquired by or
constructed from the proceeds of the revenue bonds authorized to be issued
under Section 11-103-12. This lien shall exist in favor of the holders of
these bonds, and each of them, and in favor of the holders of the coupons
attached to these bonds. The airport or landing field and the facilities
and appurtenances thereof shall remain subject to this statutory mortgage
lien until payment in full of the principal and interest of these revenue
bonds. Any holder of a bond issued under Section 11-103-12 or of any coupon
representing interest accrued thereon, may, in any civil action, enforce
the statutory mortgage lien created by this section, and may, by proper
suit, compel the performance of the duties of the officials of the issuing
municipality set forth in Sections 11-103-12 through 11-103-15.
If there is a default in the payment of the principal of or interest
upon any of these bonds, the circuit court in any proper action
may appoint a receiver to administer the airport or landing field and the
facilities and appurtenances thereof on behalf of the municipality with
power to charge and collect fees sufficient to provide for the payment of
the operating expenses and for the payment of these bonds and interest
thereon and to apply the income and revenue in conformity with Sections
11-103-12 through 11-103-15 and the ordinance providing for the issuance of
these bonds.
(Source: P.A. 79-1361.)
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(65 ILCS 5/11-103-16) (from Ch. 24, par. 11-103-16)
Sec. 11-103-16.
Subject to the provisions of Section 11-103-17 the corporate
authorities of a municipality under this Division 103 may levy and
collect annually a tax of not exceeding .10% of the value, as equalized
or assessed by the Department of Revenue, of all the
taxable property within the corporate limits of such municipality, for
the purpose set forth in Section 11-103-1. This annual tax shall be
designated as the "Airport Tax" and shall be in addition to and
exclusive of all other taxes which such municipality is now or hereafter
authorized to levy and collect.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-103-17) (from Ch. 24, par. 11-103-17)
Sec. 11-103-17.
The Airport Tax provided for by Section 11-103-16
shall not be levied and collected until the question of its adoption and
the maximum rate at which such tax shall be levied is certified by the
clerk and submitted to a
vote of the voters of the municipalities and has
received the affirmative vote of a majority of the voters voting upon
the question.
The question of such airport
tax shall not be submitted to the voters of any municipality more often
than once in any 46 month period.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art 11 prec Div 104 heading)
HARBORS AND WATERCOURSES
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(65 ILCS 5/Art. 11 Div. 104 heading) DIVISION 104.
GENERAL AUTHORITY OVER
WATERCOURSES, WHARVES AND LEVEES
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(65 ILCS 5/11-104-1) (from Ch. 24, par. 11-104-1)
Sec. 11-104-1.
The corporate authorities of each municipality may deepen,
widen, dock, cover, wall, or alter channels of watercourses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-104-2) (from Ch. 24, par. 11-104-2)
Sec. 11-104-2.
The corporate authorities of each municipality may construct
and repair canals and slips for the accommodation of commerce.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-104-3) (from Ch. 24, par. 11-104-3)
Sec. 11-104-3.
The corporate authorities of each municipality may construct
and repair public water-landing places, wharves, docks, and levees.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 105 heading)
PUBLIC LAND DEDICATIONS
|
(65 ILCS 5/Art. 11 Div. 105 heading) DIVISION 105.
ACCEPTANCE OF PUBLIC LAND DEDICATIONS
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(65 ILCS 5/11-105-1) (from Ch. 24, par. 11-105-1)
Sec. 11-105-1.
The corporate authorities of each municipality may accept
or receive through gift, grant, legacy, dedication in plats of subdivision
or otherwise, parks, playgrounds, areas enclosing flood plains, floodwater
runoff channels and detention ponds or basins, and other public grounds and
easements located within the corporate limits or in unincorporated
territory not more than 1 1/2 miles from such limits; may hold and maintain
such grounds and lands; and may supervise or regulate their use for any
proper public purpose.
(Source: P.A. 86-614; 86-1039.)
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(65 ILCS 5/Art 11 prec Div 106 heading)
EXHIBITIONS ON PUBLIC PROPERTY
|
(65 ILCS 5/Art. 11 Div. 106 heading) DIVISION 106.
EXHIBITIONS, ENTERTAINMENTS
ON PUBLIC PIERS
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(65 ILCS 5/11-106-1) (from Ch. 24, par. 11-106-1)
Sec. 11-106-1.
In all municipalities with 500,000 or more inhabitants, the
corporate authorities may enter into any contract with any person for the
purpose of arranging for the holding of any general public exhibitions,
concerts, dances, entertainments, or celebrations in the municipality or on
any pier owned or controlled by the municipality extending out into any
lake or harbor adjacent to the municipality, and to provide for the payment
of any expense necessarily incurred in contracting for the holding of any
of the specified events out of the miscellaneous receipts of the
municipality which have not been otherwise appropriated.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 107 heading)
BRIDGES, VIADUCTS, TUNNELS, FERRIES
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(65 ILCS 5/Art. 11 Div. 107 heading) DIVISION 107.
BRIDGES, VIADUCTS AND TUNNELS
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(65 ILCS 5/11-107-1) (from Ch. 24, par. 11-107-1)
Sec. 11-107-1.
The corporate authorities of each municipality may
construct, repair, and regulate the use of bridges, viaducts, and tunnels.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 108 heading) DIVISION 108.
FERRIES AND TOLL BRIDGES
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(65 ILCS 5/11-108-1) (from Ch. 24, par. 11-108-1)
Sec. 11-108-1.
The corporate authorities of each municipality may establish
ferries for hire and construct toll bridges, and also may regulate them and
their charges.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 109 heading)
DRAINS, CULVERTS, CESSPOOLS, SEWERS
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(65 ILCS 5/Art. 11 Div. 109 heading) DIVISION 109.
REGULATION OF CULVERTS,
DRAINS SEWERS AND CESSPOOLS
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(65 ILCS 5/11-109-1) (from Ch. 24, par. 11-109-1)
Sec. 11-109-1.
The corporate authorities of each municipality may
construct, repair, and regulate the use of culverts, drains, sewers, and
cesspools.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 110 heading)
FLOOD CONTROL AND DRAINAGE
|
(65 ILCS 5/Art. 11 Div. 110 heading) DIVISION 110.
DRAINAGE BY SPECIAL ASSESSMENT
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(65 ILCS 5/11-110-1) (from Ch. 24, par. 11-110-1)
Sec. 11-110-1.
The corporate authorities of cities and villages for
drainage purposes may lay out, establish, construct, and maintain drains,
storm sewers, detention basins, retention basins and other "green infrastructure" facilities, such as green roofs, rain gardens, bioswales, tree boxes, porous pavement, porous pipe systems, native plantings, constructed wetlands, and cisterns, ditches, levees, dykes, pumping works, and machinery, and may acquire the
necessary land and machinery therefor, and in this manner may provide for
draining or otherwise managing the runoff, such as by infiltration, evapotranspiration, or collection, on any portion of the land within their corporate limits, by special
assessment upon the property benefited thereby, or by general taxation, or
a combination. No lot, block, tract, or parcel of land, however, shall be
assessed more than once in any one year by a municipality for maintenance.
(Source: P.A. 98-330, eff. 1-1-14.)
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(65 ILCS 5/11-110-2) (from Ch. 24, par. 11-110-2)
Sec. 11-110-2.
The corporate authorities of cities and villages may pass
ordinances providing for the making of any improvements specified in
Section 11-110-1, and for the nature, character, locality, and description
thereof. Upon the passage of such an ordinance all proceedings thereafter
had for the making of the improvements, and for the maintenance and repair
thereof, and for the levy and collection of special assessments to defray
the cost thereof, shall be in accordance with the provisions of Article
9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-110-3) (from Ch. 24, par. 11-110-3)
Sec. 11-110-3.
Whenever, in the judgment of the corporate authorities of a
city or village, it becomes necessary or advantageous for the proper
construction of improvements specified in Section 11-110-1 to enlarge,
construct, or improve a natural or artificial drain outside the corporate
limits of the city or village to obtain a proper outlet, the corporate
authorities have the power to acquire the right of way therefor under the
provisions of the statutes relating to the exercise of the right of eminent
domain. Upon the establishment of this improvement, by the confirmation of
the assessment therefor, the corporate authorities have the power to
contract with all persons owning or interested in property or drains,
outside the corporate limits of the city or village, who will be benefited
by the improvement, for payment to the city or village of such an amount as
the improvement will benefit those persons. In case of a failure to agree
on the amount to be paid for these benefits the corporate authorities of
the city or village have the power to sue for and recover the amount in a
civil action in any court of competent jurisdiction in this state. The
amount recovered or realized by such an agreement or proceeding shall
become a part of the money raised to pay for the improvement, and may be
refunded in accordance with the provisions of Section 9-2-74.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 111 heading) DIVISION 111.
DRAINAGE IMPROVEMENT DISTRICTS
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(65 ILCS 5/11-111-1) (from Ch. 24, par. 11-111-1)
Sec. 11-111-1.
Every city or village, whether incorporated under the
general law or under a special charter, whose site is wholly or partially
subject to overflow and wholly or partially surrounded by levees, dykes, or
embankments to prevent overflow: (1) may divide the municipality, or any
part thereof, into improvement districts, (2) may fix the grade of the
streets, avenues, alleys, or public grounds within the improvement
districts, at any height deemed necessary to give a surface drainage from
each improvement district to the river or rivers which cause the overflow,
and (3) may require low lots, blocks, or parts thereof, within an
improvement district to be filled in such manner as to prevent water from
standing thereon and thus to prevent them from becoming a nuisance or
injurious to the public health, in the judgment of the corporate
authorities of the municipality.
The work authorized to be done by Sections 11-111-1 through 11-111-7
shall be done by special assessment or special taxation of contiguous
property. Every city or village exercising the power granted by these
sections has the same power in relation to special assessments or special
taxation as is granted to any city, village, or drainage or improvement
district in this state.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-2) (from Ch. 24, par. 11-111-2)
Sec. 11-111-2.
When an improvement district has been created by ordinance
under Sections 11-111-1 through 11-111-7 the corporate authorities shall
have an accurate survey of the work contemplated to be done, made by a
competent civil engineer, and shall have that engineer make plats,
profiles, and estimates of the work to be done. The estimate shall include
the cost of all walls or other structures necessary to be constructed to
hold the earth to its proper place, the cost of the work opposite or
adjacent to each lot in the district, and the cost of the fill upon each
lot within the district necessary to be filled. The survey, plats,
profiles, and estimates shall be used in estimating the benefits to be
charged against the lot or block, or parts thereof, within the improvement
district. In estimating those benefits, the benefit the lot, block, or
parts thereof, will receive by reason of being secured from overflow or
sipe water may be considered.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-3) (from Ch. 24, par. 11-111-3)
Sec. 11-111-3.
When specified improvement districts have been laid out,
the cost of the improvement has been estimated and ascertained by a
competent engineer, and the benefits to the lots, blocks, or parts thereof,
have been assessed, the municipality may issue a series of bonds sufficient
to pay the special assessments or special tax so ascertained for each
district. When so issued and endorsed as provided for in this section,
these bonds shall be a lien upon the respective lots, blocks, or parts
thereof, which are designated in the bonds. The bonds shall bear interest
at a rate not exceeding the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
and may run for any term not exceeding 20 years. The style of the bonds
shall be fixed and designated by ordinance. But before any bond is issued
or put into circulation, the owner of any lot charged with such a special
assessment or special tax shall endorse upon the back of the bond his
consent thereto, substantially as follows:
I hereby endorse the within bond, and consent that the lot or lots, or
parts thereof therein designated, shall become liable for the interest and
principal therein named, and that the bond shall be a lien upon the
designated property from this date until paid off and discharged.
.... (insert date) .... (Seal)
The bond, when prepared and executed by the municipality, and endorsed
by the owners of the property charged with the special assessments or
special tax, shall be recorded in the recorder's office of the county in
which the municipality is located. When so recorded the record is notice of
the lien thereby created, to the same extent that records of mortgages are
notices of the mortgage lien, and has the same force and effect. No coupon
need be recorded. A record of the face of the bond and of the endorsement
are sufficient.
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. 91-357, eff. 7-29-99.)
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(65 ILCS 5/11-111-4) (from Ch. 24, par. 11-111-4)
Sec. 11-111-4.
Any municipality, issuing bonds under Sections 11-111-1
through 11-111-7, shall provide by ordinance for the collection of an
amount sufficient to pay the interest and principal of these bonds from the
property charged with the special assessment or special tax. The special
assessment or special tax shall be placed upon the tax books for
collection, and treated in the same manner, and have the same effect as
special assessments or special taxes have under Article 9. The
municipality shall not be liable for the payment of the interest or
principal of any of these bonds except (1) for their payment out of the
special fund of the improvement district to which the bonds apply, and (2)
for the faithful enforcement of the ordinances that provide for the
collection of an amount sufficient to pay the interest and principal of
these bonds.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-5) (from Ch. 24, par. 11-111-5)
Sec. 11-111-5.
If a railroad or street railway company has tracks located
upon, or across any street in such an improvement district, then, in
estimating the cost of the work, the railroad or street railway company
shall be charged with the cost of the fill upon that street or crossing in
the amount that it would cost the railroad or street railway company to
make an independent embankment of the same height to receive its tracks
upon that street or crossing. However, any railroad or street railway
company has the same right to build its embankment or make its proportion
of the improvement as is allowed to individuals. If a railroad or street
railway company fails or refuses to comply with the municipal ordinances in
this regard, the tracks of the delinquent railroad or street railway
company shall be a nuisance, all of the railroad or street railway
company's rights upon that street or crossing shall be forfeited, and the
tracks removed as the work progresses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-6) (from Ch. 24, par. 11-111-6)
Sec. 11-111-6.
If any property within an improvement district created under
Sections 11-111-1 through 11-111-7 belongs to a minor or any other person
incapacitated to contract, the guardian, or other person in
charge of his or her estate, may apply to the circuit court of the county in
which
the district is located, by petition, for leave to endorse the specified
bonds. When endorsed by order of the court, the endorsement shall be valid.
(Source: P.A. 83-706.)
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(65 ILCS 5/11-111-7) (from Ch. 24, par. 11-111-7)
Sec. 11-111-7.
In addition to the powers given by Sections 11-111-1 through
11-111-7 to municipalities to collect an amount sufficient to pay the
interest and principal, the owner or holder of any bond has his personal
remedy in any court against the endorser upon his endorsement, for failure
to pay the interest or principal, and in case of 2 successive failures by
any person liable on such a bond, the bond becomes due. Then the holder may
enforce his lien for the interest and principal by foreclosure in any court
of competent jurisdiction in this state.
All the powers granted to municipalities by Sections 11-111-1 through
11-111-7 may be put into effect by proper ordinances.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-8) (from Ch. 24, par. 11-111-8)
Sec. 11-111-8.
Every city or village with a population of not more than
500,000 whether incorporated under the general law or a special charter,
whose site is wholly or partially subject to overflow, inundation, or the
unsanitary accumulation of sipe water or surface water, and wholly or
partially surrounded by levees, dykes, or embankments to prevent overflow:
(1) may divide the municipality, or any part thereof, into improvement
districts, (2) may fix the grade of streets, avenues, alleys, or public
grounds within the improvement districts at any height deemed necessary to
give a surface drainage from each improvement district to the river or
rivers which cause the overflow, inundation, or accumulation of sipe and
surface water, and (3) may require all low lots, blocks, or parts thereof,
or tracts of land, within each improvement district, to be filled to the
established grade of adjoining streets, avenues, alleys, or public grounds,
or in such manner as to prevent the overflow or inundation thereof, or such
accumulation of sipe or surface water therein as in the judgment of the
corporate authorities of the municipality would be unsanitary and injurious
to the public health or safety.
Such a city or village shall provide by ordinance for the making of such
a local improvement and in that ordinance shall provide whether the
improvement shall be made (1) by special assessment, or by special taxation
of contiguous property, (2) by general taxation, or (3) by both methods. In
order to carry out the purposes of Sections 11-111-8 through 11-111-10,
such a city or village has all the power in relation to special assessment,
special or general taxation, or for the issuance of bonds in payment of the
cost of the specified local improvement, including the provisions of
Article 9, granted to any city or village in this state.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-9) (from Ch. 24, par. 11-111-9)
Sec. 11-111-9.
When a specified improvement district has been created by
ordinance under Sections 11-111-8 through 11-111-10, the corporate
authorities shall have an accurate survey of the work contemplated to be
done, made by the city engineer, if there is one, and if not, then by a
competent civil engineer. This engineer shall make and file with the
municipal clerk, plats, profiles, and estimates of the work to be done. The
estimates shall include the cost of all walls or other structures necessary
to hold the earth in its proper place and the cost of the fill upon each
lot, block, or part thereof, and tract of land within the district, which
must be filled under the ordinance. The survey, plat, profile, and
estimates shall be used in estimating the benefit to be charged against the
lots, blocks, or parts thereof, or tracts of land, within that improvement
district by reason of the filing and protection thereof from overflow or
unsanitary accumulation of sipe or surface water.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-10) (from Ch. 24, par. 11-111-10)
Sec. 11-111-10.
Each lot, block, or part thereof, or tract of land in an
improvement district specified in Section 11-111-8, whether already filled
to grade or not, may be assessed to pay the cost of the improvement
according to the special benefit it will receive therefrom.
When the ordinance under which the specified local improvement is
ordered provides that the improvement shall be made wholly or partially by
special taxation of contiguous property, the special tax shall be levied,
assessed, and collected, as nearly as may be, in the manner provided by
Article 9. However, no special tax shall be levied or assessed upon any
property to pay for the improvement, in an amount in excess of the special
benefit which that property will receive from the improvement. The
ordinance is not conclusive of that benefit, but the question of that
benefit and of the amount of the special tax are subject to court review,
and shall be tried in the same manner as in proceedings by special
assessment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 111.1 heading) DIVISION 111.1.
REMOVAL OF STREAM OBSTRUCTIONS
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(65 ILCS 5/11-111.1-1) (from Ch. 24, par. 11-111.1-1)
Sec. 11-111.1-1.
The corporate authorities may remove or cause the removal
in such manner as they may direct, the driftwood and other obstructions
from natural and other water courses causing flooding of any part of the
corporate area whether such obstructions are located inside or outside the
corporate limits, and for that purpose, after written notice to the owner
at least 10 days prior thereto, may enter upon the lands or waters of any
person, but subject to responsibility for all damages which shall be
occasioned thereby.
(Source: Laws 1961, p. 2616.)
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(65 ILCS 5/Art. 11 Div. 112 heading) DIVISION 112.
TAXES FOR LEVEE PURPOSES
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(65 ILCS 5/11-112-1) (from Ch. 24, par. 11-112-1)
Sec. 11-112-1.
When a vote has been taken under "An Act to enable cities,
villages and towns threatened with overflow or inundation to levy taxes by
vote of the electors thereof, to strengthen, build, raise or repair the
levees around same and to issue anticipation warrants on such taxes,"
approved June 11, 1897, as amended, or when a vote is taken under this
section and Section 11-112-2 at a general municipal election in a
municipality that is protected by levees or embankments, or that may deem
it necessary to be so protected, and a majority of the legal votes cast at
the election were or are for a tax to build, raise, strengthen, or repair
the levees around the municipality, not exceeding the rate of .1666%
annually, to be levied annually for a period of not exceeding 7 years on
the taxable property of the municipality, the corporate authorities of the
municipality may (1) make an appropriation by ordinance of the proceeds of
the tax so authorized, (2) pass an ordinance levying the tax for the whole
period as authorized by the vote to be annually extended, and (3) draw tax
anticipation warrants thereon to the amount that the tax levy will produce
based on the assessment of the preceding year of all the taxable property
of the municipality. These warrants shall draw interest at not to exceed
the rate authorized by the vote authorizing the tax, not exceeding 7%
annually, but the warrants shall not be sold below par.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 76-845.)
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(65 ILCS 5/11-112-2) (from Ch. 24, par. 11-112-2)
Sec. 11-112-2.
The county clerk of the county in which the municipality
specified in Section 11-112-1 is located shall extend each year the taxes
specified in Section 11-112-1, when the ordinance making the levy of the
tax is certified to him. The tax shall be extended at the rate fixed in the
ordinance, not exceeding .1666% for a period not exceeding 7 years. The
county clerk shall extend the tax in a separate column designated the
"Seven Year Levee Tax."
The collector of state and county taxes, when he receives the money
collected from this levee tax, shall pay it to the municipal treasurer,
every 2 weeks, informing the treasurer that this money is from the 7 year
levee tax; and he shall take the treasurer's receipt for the money as 7
year levee tax paid over.
The municipal treasurer shall receive the money so paid over by the
collector and shall pay the money out as rapidly as possible on warrants
issued on the 7 year levee tax only, so long as such warrants remain
unpaid.
This tax shall be levied in addition to taxes for general purposes
authorized by Section 8-3-1.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 76-845.)
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(65 ILCS 5/11-112-3) (from Ch. 24, par. 11-112-3)
Sec. 11-112-3.
Subject to the provisions of Section 11-112-7, every
municipality, whether incorporated under general law or special charter,
which is subject to overflow or inundation from a river or other sources
may construct, widen, raise, strengthen, improve, and maintain levees,
protective embankments and structures and has the power for any of these
purposes to levy and collect annually a tax of not exceeding .1666% of
the value, as equalized or assessed by the Department of Revenue, of
all the taxable property within its corporate
limits.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-112-4) (from Ch. 24, par. 11-112-4)
Sec. 11-112-4.
This annual tax provided for in Section 11-112-3 shall be
designated as the levee tax and shall be levied and collected in the same
manner as are the general taxes of that municipality. This tax shall be in
addition to and exclusive of all other taxes which that municipality is now
or hereafter authorized to levy and collect.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-112-5) (from Ch. 24, par. 11-112-5)
Sec. 11-112-5.
All taxes collected by virtue of Sections 11-112-3 through
11-112-8 shall be deposited in the municipal treasury to the credit of what
shall be called the levee fund. This fund shall be kept separate and apart
from all other funds or money of the municipality and shall be used and
paid out only for the purpose specified in those sections. The money in
this levee fund, as far as possible, shall be kept at interest by the
municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-112-6) (from Ch. 24, par. 11-112-6)
Sec. 11-112-6.
Such a municipality specified in Section 11-112-3 may
purchase or condemn, by the exercise of the right of eminent domain, all
real estate needed for the purpose of constructing thereon levees,
protective embankments, and structures, and also for the purpose of
obtaining earth or other materials, either within or without the corporate
limits of the municipality, with which to construct, widen, raise,
strengthen, improve, or maintain those levees, protective embankments, and
structures.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-112-7) (from Ch. 24, par. 11-112-7)
Sec. 11-112-7.
The levee tax provided for by Section 11-112-3 shall
not be levied and collected for any year until the question of its levy
for that year has been certified by the clerk and submitted to a vote
of the electors and has received the affirmative vote of a majority
of the electors voting upon the question.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-112-8) (from Ch. 24, par. 11-112-8)
Sec. 11-112-8.
Nothing contained in Sections 11-112-3 through 11-112-7
limits the powers granted to municipalities by Sections 11-112-1 and
11-112-2, or possessed by a municipality under this Code or any other Act.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 113 heading) DIVISION 113.
SURFACE WATER AND SEWAGE
REMOVAL TAX
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(65 ILCS 5/11-113-1) (from Ch. 24, par. 11-113-1)
Sec. 11-113-1.
The corporate authorities of any municipality having a population
less than 500,000, subject to the referendum provision of Section
11-113-2, may levy, annually, a tax of not to exceed .15% of the value,
as equalized or assessed by the Department of Revenue,
of all taxable property therein to provide for the expense of pumping to
remove surface water and sewage due to flood conditions. Revenue raised
by this tax cannot be transferred to any other fund in the municipality
and can be used only for pumping necessitated by flood conditions. This
tax shall be in addition to all taxes authorized by law to be levied and
collected in the municipality and shall be in addition to the amount
authorized to be levied for general purposes provided by Section 8-3-1.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-113-2) (from Ch. 24, par. 11-113-2)
Sec. 11-113-2.
This Division 113 shall not be in force in any
municipality until the question of its adoption is certified by the clerk
and submitted to the
electors of the municipality and approved by a majority of those voting
on the question at an election in accordance with the general election law.
The question shall be in substantially the
following form:
Shall Division 113 of the IllinoisMunicipal Code permitting municipalitiesto levy an additional annual tax of not YESto exceed .15% for the purpose ofproviding revenue for pumping surface water and sewage brought about by floodconditions be adopted by the City NO(Village or Incorporated Town, as thecase may be) of ....?
If a majority of the votes cast on the question is in favor of
adopting this Division 113, then such division shall be adopted. It
shall be in force in the adopting municipality for the purpose of the
fiscal years succeeding the year in which the election is held.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 113.1 heading) DIVISION 113.1.
STORMWATER MANAGEMENT TAX
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(65 ILCS 5/11-113.1-1) (from Ch. 24, par. 11-113.1-1)
Sec. 11-113.1-1.
A non-home rule municipality located at least partly in a
county which is preparing a stormwater management plan in accordance with
Section 5-1062 of the Counties Code may levy a tax upon all taxable property
within its corporate limits, at a rate not to exceed 0.06% if the municipality
owns and operates a wastewater treatment plant, and at a rate not to exceed
0.03% if it does not, of the value, as equalized or assessed by the Department
of Revenue, of all taxable property within the municipality, for the purposes
of implementing the stormwater management plan, improving storm sewer and
combined sewer facilities, protecting sanitary sewage treatment works from the
100-year frequency flood, and acquiring lands, buildings and properties in the
100-year floodplain, paying the principal of and interest on any bonds issued
pursuant to this Section for any of the foregoing purposes, and paying the
principal of, premium, if any, and interest on, and any fees relating to, any
loan made to such municipality by the Illinois
Finance Authority,
pursuant to the Illinois Finance
Authority Act for any of the foregoing purposes, or any bond, note or other
evidence of indebtedness of such municipality issued in connection with any
such loan. Such tax shall be in addition to all other taxes authorized by law
to be levied and collected in such municipality and shall be in addition to the
maximum tax rate authorized by law for general municipal purposes. The
limitations on tax rate provided in this Section may be increased or decreased
by referendum in accordance with the provisions of Sections 18-120, 18-125,
and 18-130 of the Property Tax Code.
However, unless the municipality is located at least partly in a
township declared after July 1, 1986 by presidential declaration to be a
disaster area as a result of flooding, the tax authorized by this Section
shall not be levied until the question of its adoption, either for a specified
period or indefinitely, has been submitted to the electors thereof and approved
by a majority of those voting on the question. This question may be submitted
at any election held in the municipality after the adoption of a resolution by
the governing body of the municipality providing for the submission of the
question to the electors of the municipality. The governing body of the
municipality shall certify the resolution and proposition to the proper
election officials, who shall submit the proposition at an election in
accordance with the general election law. If a majority of the votes cast on
the question is in favor of the levy of such tax, it may thereafter be levied
in such municipality for the specified period or indefinitely, as provided in
the proposition. The question shall be put in substantially the following form:
Shall an annual tax be leviedfor stormwater management purposes YES(for a period of not more than...... years) at a rate not exceeding .....% of the equalized assessedvalue 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
|
(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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(65 ILCS 5/11-117-1.1)
Sec. 11-117-1.1.
Service area agreement with electric cooperative.
(a) The General Assembly declares it to be in the public interest that a
municipality and an electric cooperative (as defined in the Electric Supplier
Act) may voluntarily enter into an agreement defining the geographic areas in
which each party shall provide retail electric service, and, if agreed, such
service may be exclusive. This authority is in the public interest for the
following reasons:
(1) To avoid duplication of facilities for the | ||
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(2) To minimize disputes between (i) municipalities | ||
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(3) To provide for the orderly and controlled growth | ||
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(4) To recognize and protect the investment and | ||
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(b) An agreement entered into under this Section may cover geographic areas
both within and without the corporate limits of a municipality.
(c) An agreement entered into under this Section shall be subject to the
approval of the Illinois Commerce Commission. An approved agreement may
be enforced only by a party to the agreement by the filing of a complaint for
interpretation with the Illinois Commerce Commission. The jurisdiction and
authority of the Illinois Commerce Commission over any municipality which owns
and operates a municipal utility for the purpose of providing retail electric
service shall be strictly limited to the approval of the agreement and the
interpretation of the agreement's terms. The Commission shall have no other
jurisdiction over or authority to review or approve the construction of any
project or operations of any municipality which is or may be a party to an
agreement under this Section or joint action agency to which the municipality
may be a member except to the extent now required in connection with the
initiation of proceedings in eminent domain. In a proceeding to approve an
agreement or interpret the terms of an agreement, the agreement shall be
construed consistently with the public policy of this State as set forth in
this Section.
(d) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 88-335.)
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(65 ILCS 5/11-117-2) (from Ch. 24, par. 11-117-2)
Sec. 11-117-2.
The term "public utility," when used in this Division 117,
means and includes any plant, equipment, or property, and any franchise,
license, or permit, used or to be used (1) for or in connection with the
transportation of persons or property, or the conveyance of telegraph or
telephone messages; or (2) for the production, storage, transmission, sale,
delivery, or furnishing of cold, heat, light, power, water, or for the
conveyance of oil or gas by pipe lines; or (3) for the storage or
warehousing of goods; or (4) for the conduct of the business of a
wharfinger.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-3) (from Ch. 24, par. 11-117-3)
Sec. 11-117-3.
No municipality shall proceed to acquire or construct
any public utility under the provisions of this Division 117 until an
ordinance of the corporate authorities providing therefor has been duly
passed. This ordinance shall set forth the action proposed, shall
describe the plant, equipment, and property proposed to be acquired or
constructed, and shall provide for the issuance of bonds, mortgage
certificates, or special assessment bonds, as authorized in this
Division 117.
This ordinance shall not become effective until the question of its
adoption is submitted to a referendum vote of the electors of the
municipality. The municipal clerk shall certify the question for submission
to the vote of the electors of the
municipality upon an initiating ordinance adopted by the corporate authorities.
The question
shall be in substantially the following form:
Shall the ordinance (stating YESthe nature of the proposed ordinance) be adopted? NO
If a majority of the electors voting on the question of the adoption
of the proposed ordinance vote in favor thereof, the ordinance shall
thereupon become a valid and binding ordinance of the municipality.
Prior to the referendum upon this ordinance, the municipal clerk shall
have the ordinance 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. This publication shall be not more than 30 nor less than
15 days in advance of the election.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-117-4) (from Ch. 24, par. 11-117-4)
Sec. 11-117-4.
No municipality shall proceed to operate for hire any public
utility for the use or benefit of private consumers or users, or charge for
such consumption or use, unless the proposition to operate has first been
submitted to the electors of the municipality as a separate proposition and
approved by a majority of those voting thereon. The proposition shall be
submitted in accordance with the provisions of Section 11-117-3. But any
municipality, without such submission and approval, may sell for heat,
light or power within or without the corporate limits of the municipality,
electricity generated in any electric lighting plant owned and operated by
the municipality for the municipality's own use. Also any municipality,
without such submission and approval, may sell water within and outside the
corporate limits of the municipality from any water plant owned and
operated by the municipality, and for this purpose shall have power to
acquire by agreement, purchase or condemnation, rights of way not more than
35 miles beyond its corporate limits in the streets, alleys or other public
ways of any city, village or incorporated town or in unincorporated
territory, even though such city, village or incorporated town or
unincorporated territory to be served is not contiguous to the
municipality, convenient and necessary for this purpose and to lay mains
and construct and operate pumping stations, reservoirs and other necessary
appurtenances therein. Provided, further, that where such municipality has
laid mains and constructed and operated pumping stations, reservoirs and
other necessary appurtenances, it may enter into contracts at a higher
water rate than the existing metered rate for like consumers within the
municipality, to allow the municipality to obtain a fair return to cover
the cost of financing, constructing, operating and maintaining the improved
facilities, and in the event such rates are not agreed upon by the parties,
such rates shall be fixed and determined by the circuit court of the county
in which the municipality which has financed, constructed, operated and
maintained the improved facilities is located; but this proviso shall not
impair the right of a municipal corporation to obtain water at the existing
metered rate for like consumers as is provided in Section 26 of "An Act to
create sanitary districts and to remove obstructions in the Des Plaines and
Illinois Rivers", approved May 29, 1889, as heretofore and hereafter
amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-5) (from Ch. 24, par. 11-117-5)
Sec. 11-117-5.
No ordinance authorizing the lease of any public utility
owned by a municipality for a longer period than 5 years, nor any ordinance
renewing any such lease, shall go into effect until the expiration of 30
days after its passage. 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 question of authorizing the lease or renewing the lease of
a public utility owned by a municipality for more than 5 years 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, within this 30 days,
there is filed with the municipal clerk of the municipality a petition
signed by electors of the municipality equal in number to 10% or more of
the number of registered voters in the municipality, asking that the
ordinance be submitted to popular vote, then the ordinance
shall not go into effect unless the question of its adoption is first
submitted to the electors of the municipality and approved by a majority of
those voting thereon. The question shall be submitted in accordance with
the provisions of Section 11-117-3.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-117-6) (from Ch. 24, par. 11-117-6)
Sec. 11-117-6.
(a) Any municipality may incorporate in any grant to a
public
utility company reservation of the right on the part of the municipality to
take over all or any part of the property, plant, or equipment used in the
operation of that public utility company, at or before the expiration of
the grant, upon such terms and conditions as may be provided in the grant.
Any municipality also may provide in any such grant that if such a reserved
right is not exercised by the municipality, and if the municipality grants
the right to another person to operate a utility in the streets and parts
of streets occupied by its grantee under the former grant, the new grantee
shall purchase and take over the property located in those streets and
parts of streets upon the terms which the municipality might have taken it
over.
(b) Except as provided in Sections 11-117-1.1 and 11-117-7.1, any
municipality that owns or operates a municipal electric utility shall have the
exclusive right to provide electric service to all customers within its
municipal limits and to customers at metered locations outside its municipal
limits that it is serving on the effective date of this amendatory Act of 1996.
However, an investor-owned public utility providing electric service to
customers at metered locations within the municipal limits on the effective
date of this amendatory Act of 1996 or to customers at metered locations that
are annexed by the municipality after the effective date of this amendatory Act
of 1996 may continue to provide service to those residential customers at such
metered locations and
shall
continue to provide service to those nonresidential customers at such metered
locations within
the
municipal limits on the effective date of this amendatory Act of 1996.
In addition, an investor-owned public utility providing electric service to
nonresidential customers at metered locations in areas annexed after the
effective date of this amendatory Act of 1996 shall continue to provide service
to those nonresidential customers at such metered locations for a period of 2
years after the date of
annexation.
After the 2-year period,
the
investor-owned public utility may continue to provide service to those
nonresidential customers. At any time during this 2-year period the
nonresidential customer may apply for service from a municipal utility
and the
investor-owned public utility shall promptly and consistent with
prudent utility practice facilitate such transfer to be effective as soon as
practicable upon the expiration of the 2-year period.
(c) A municipality that owns or operates a municipal natural gas utility
shall have the exclusive right to provide natural gas service to all customers
at metered locations that it is serving on the effective date of this
amendatory Act of 1996, whether those customers are within the municipal limits
of the municipality or at metered locations outside the municipal limits.
However, an investor-owned public utility providing natural gas service to
customers at metered locations within the municipal limits on the effective
date of this amendatory Act of 1996 or to customers at metered locations that
are annexed by the municipality after the effective date of this amendatory Act
of 1996 may continue to provide service to those customers.
(d) Notwithstanding subsections (b) and (c) of this Section, any
municipality may enter into an agreement with or grant a franchise to any
public utility defining the geographic areas in which each party, as between
themselves, may provide retail utility services, and the agreement or
franchise may provide for exclusive or non-exclusive service territories, or
both,
for the parties. An agreement entered into under this Section may cover
geographic areas both within and outside the corporate limits of a
municipality. Any agreement entered into under this subsection which provides
for exclusive service territories shall be subject to approval by the Illinois
Commerce Commission. The Illinois Commerce Commission's jurisdiction and
authority over municipalities under this subsection shall be strictly limited
to the approval of the agreement. Nothing in this subsection (d) shall be
construed to give a municipality the authority to grant to a public utility the
right to provide utility service in areas other than those for which the public
utility holds a certificate of public convenience and necessity from the
Illinois Commerce Commission.
(e) Any dispute between a municipality and a public utility regarding retail
utility services to a customer and any dispute regarding enforcement or
interpretation of any agreement entered into or franchise granted under this
Section shall be brought in the circuit court of the County in which the
municipality is located, and the circuit courts of this State shall have the
jurisdiction and authority to determine the rights of the parties in those
matters.
(f) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 89-523, eff. 7-19-96.)
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(65 ILCS 5/11-117-7) (from Ch. 24, par. 11-117-7)
Sec. 11-117-7.
Any municipality may acquire any public utility or any part
thereof, authorized or operating in the municipality under a license,
permit, or franchise, or operating in the municipality without any license,
permit, or franchise, by any agreement with the public utility, or it may
proceed to procure the condemnation of the same in the manner provided by
law for the taking and condemning of private property for public use.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-7.1)
Sec. 11-117-7.1.
Service rights in annexed areas; acquiring electric
facilities after annexation.
(a) Consistent with the first paragraph of Section 5, and with Section 14,
of the Electric Supplier Act, an electric cooperative (as defined in the
Electric Supplier Act) providing service in an area which is annexed to or
otherwise becomes located within an incorporated municipality that owns and
operates a municipal utility for the purpose of providing retail electric
services shall have the right to continue to provide service without
authorization by the incorporated municipality to all existing premises being
served and may provide service to new premises located in such area
that can be served from
the cooperative's primary distribution facilities in existence upon the date
such area is annexed to or otherwise becomes located within an incorporated
municipality. If necessary, the cooperative may maintain or upgrade existing
facilities or rebuild facilities to provide adequate and reliable service to
customers served or to be served as permitted under this Section. The
cooperative shall not extend primary distribution facilities into or within
such area unless the cooperative is or shall become authorized to do so by the
incorporated municipality.
(b) Customers receiving service from an electric cooperative at premises
located in an area that is annexed to or otherwise becomes located within an
incorporated municipality that owns and operates a municipal utility for the
purpose of providing retail electric service may elect to take service from
either the cooperative or the municipality. Customers at new
premises that may be served by an electric cooperative under subsection (a)
may, at the time of connection, elect to take service from either the electric
cooperative or the municipality. In all instances the customer's election of
service supplier shall be binding upon the customer only for such time as the
customer requires service at that premises. Subsequent customers at such
premises shall have the same right of selection; provided, however, an electric
cooperative providing service in an area which is annexed to or otherwise
becomes located within an incorporated municipality is not obligated to provide
retail electric service except as required under the Electric Supplier Act or
the terms of a franchise granted by the incorporated municipality.
(c) If any facilities located in such area are or become unnecessary to
provide service to a customer or customers as a result of a customer's election
to receive service from either the electric cooperative or the municipality,
the owner of the facilities may require the other supplier of electric service
to acquire the facilities for an amount agreed upon by the parties or an amount
equal to the present-day reproduction cost, new, of the facilities being
acquired, less depreciation computed on a straight-line basis according to the
seller's standard schedule of depreciation, multiplied by the factor 1.1, but
no less than the cost to disconnect and remove the facilities if the supplier
acquiring the facilities requires them to be removed by the selling supplier.
(d) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 88-335.)
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(65 ILCS 5/11-117-8) (from Ch. 24, par. 11-117-8)
Sec. 11-117-8.
For the purpose of acquiring any public utility, or any part
thereof, or property necessary or appropriate for the operation of any
public utility, either by purchase, condemnation, or construction, any
municipality may borrow money and issue negotiable bonds therefor, pledging
the faith and credit of the municipality. But no such bonds shall be issued
unless the proposition to issue the bonds has first been submitted to the
electors of the municipality and approved by a majority of those voting
thereon. The proposition shall be submitted in accordance with the
provisions of Section 11-117-3. No such bonds shall be issued in an amount
in excess of the cost of the municipality of the property for which the
bonds are issued, and 10% of that cost in addition thereto.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-9) (from Ch. 24, par. 11-117-9)
Sec. 11-117-9.
For the purpose of acquiring any public utility, or any part
thereof, or property necessary or appropriate for the operation of any
public utility, either by purchase, condemnation or construction, any
municipality may issue and dispose of interest bearing certificates,
hereinafter called public utility certificates. Under no circumstances
shall these public utility certificates be or become an obligation or
liability of the municipality or payable out of any general fund thereof.
They shall be payable solely out of the revenue or income to be derived
from the public utility for the acquisition of which they were issued. Such
certificates shall not be issued and secured on public utility property in
an amount in excess of the cost of the municipality of that property and
10% of that cost in addition thereto.
In order to secure the payment of these public utility certificates and
the interest thereon, the municipality may convey, by way of mortgage or
deed of trust, any or all of the public utility property acquired or to be
acquired through the issuance thereof. Such a mortgage or deed of trust
shall be executed in such manner as may be directed by law for the
acknowledgment and recording of mortgages of real estate, and may contain
such provisions and conditions not in conflict with the provisions of this
Division 117 as may be deemed necessary to secure the payment of the public
utility certificates described therein. Any such mortgage or deed of trust
may grant a privilege or right to maintain and operate the public utility
property covered thereby, for a period not exceeding 20 years from and
after the date that that property may come into the possession of any
person as the result of foreclosure proceedings. Such a privilege or right
may include the right to fix the rates or charges which the person securing
the property as the result of foreclosure proceedings shall be entitled to
charge in the operation of that property for a period not exceeding 20
years.
Whenever and as often as default is made in the payment of any public
utility certificate, issued and secured by a specific mortgage or deed of
trust, or in the payment of the interest thereon when due, and the default
has continued for the space of 12 months after notice thereof has been
given to the mayor, and to the comptroller, if any, it is lawful for the
mortgagee or trustee, upon the request of the holders of a majority in
amount of the certificates issued and outstanding under the mortgage or
deed of trust, to declare the whole of the principal of all of the
certificates, which are unpaid, to be at once due and payable, and to
proceed to foreclose the mortgage or deed of trust in any court of
competent jurisdiction. At a foreclosure sale, the mortgagee or the holders
of the unpaid certificates may become the purchaser or purchasers of the
property, rights and privileges sold, if he or they are the highest
bidders. Any public utility acquired under any such foreclosure shall be
subject to regulation by the corporate authorities of the municipality to
the same extent as if the right to construct, maintain, and operate that
property had been acquired through a direct grant without the intervention
of foreclosure proceedings.
However, no public utility certificates shall ever be issued by any
municipality under the provisions of this Division 117 unless the question
of the adoption of the ordinance of the corporate authorities authorizing
the issuance thereof has first been submitted to the electors of the
municipality and approved by a majority of the electors of the municipality
voting upon the question. The question shall be submitted in accordance
with the provisions of Section 11-117-3.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-10) (from Ch. 24, par. 11-117-10)
Sec. 11-117-10.
The expense of acquiring any public utility, or any part
thereof, or the property necessary or appropriate for the operation of any
public utility, either by purchase, condemnation, or construction, or such
part of the expense as may be just and reasonable, may be assessed in any
municipality upon and collected from the property and real estate specially
benefited thereby, if any, in such manner as is or may be provided by
Article 9 for the making of special assessments for local improvements in
that municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-11) (from Ch. 24, par. 11-117-11)
Sec. 11-117-11.
For the purpose of constructing water purification
plants and acquiring or constructing wharves, piers, docks, levees, or
in connection with wharves, piers, docks, levees, elevators, warehouses,
vaults, or necessary and appropriate tracks or terminal facilities, any
municipality may reclaim the submerged land under any public waters
within the jurisdiction of or bordering upon the municipality, and
thereupon shall be vested with the absolute title, in fee simple, to the
land so reclaimed. For any of these purposes the municipality may
acquire, by purchase, condemnation or otherwise, the title of private or
public owners to land lying beneath those public waters, and also the
riparian or other rights of the owners of the shore land abutting on
those public waters, or in or over those public waters, or the submerged
land under those waters. However, where any park district holds land
abutting upon the shores of Lake Michigan adjacent to the submerged land
intended to be reclaimed for the purpose of constructing water
filtration plants, the approval of a plan by such park district showing
the boundaries of the submerged land to be reclaimed and the character
of buildings and structures to be erected thereon shall first be
obtained prior to the reclamation of such submerged land by any
municipality. Nothing contained in this section, however, shall give to
any municipality the right to acquire submerged land from any park
district where any grant heretofore has been made of this submerged land
to the park district and the grant has been accepted by the park
district.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-12) (from Ch. 24, par. 11-117-12)
Sec. 11-117-12.
The charges fixed for the product supplied or the service rendered by
any municipality shall be sufficient at least to bear all cost of
maintenance and operation, to meet interest charges on the bonds and
certificates issued on account thereof, and to permit the accumulation of a
surplus or sinking fund to meet all unpaid bonds or certificates at
maturity.
The corporate authorities of any municipality owning and operating a
municipal utility plant shall, in addition to fixing utility rates, have
the power to establish a service charge for the late payment of rates charged.
These amendatory Acts of 1971 and 1975 are not
limits on any municipality which is a home rule unit.
(Source: P.A. 79-661.)
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(65 ILCS 5/11-117-12.1) (from Ch. 24, par. 11-117-12.1)
Sec. 11-117-12.1.
No gas or electric service furnished to residential users
by a municipality shall be terminated for nonpayment of bills on: (i)
any day when the National Weather Service forecast for the following 24
hours covering the area in which the residence is located includes a forecast
that the temperature will be 20 degrees Fahrenheit or below; or (ii) any
day preceding a holiday or a weekend when such a forecast indicates
that the temperature will be 20 degrees Fahrenheit or below during the holiday
or weekend.
This amendatory Act of 1979 applies to all municipalities that own or operate
a public utility, including home rule units. However, nothing in this Section
shall prevent any municipality from establishing more stringent measures.
(Source: P.A. 81-986.)
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(65 ILCS 5/11-117-12.2) Sec. 11-117-12.2. Military personnel in military service; no stoppage of gas or electricity; arrearage. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Primary occupant" means the current residential customer of record in whose name the account is registered with the municipality owning a public utility. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) No municipality owning a public utility shall stop gas or electricity from entering the residential premises of which a service member was a primary occupant immediately before the service member entered military service for nonpayment for gas or electricity supplied to the residential premises. (c) Upon the return from military service of a residential consumer who is a service member, the municipality shall offer the residential consumer a period equal to at least the period of the residential consumer's military service to pay any arrearages incurred during the period of the residential consumer's military service. The municipality shall inform the residential consumer that, if the period the municipality offers presents a hardship to the consumer, the consumer may request a longer period to pay the arrearages. (d) In order to be eligible for the benefits granted to a service member under this Section, a service member must provide the municipality owning a public utility with a copy of the orders calling the service member to military service in excess of 29 consecutive days or copies of orders further extending the service member's period of service and provide documentation that his or her military service materially affects his or her ability to pay for such services when due. In the event the service member no longer claims to be the primary occupant of the residential premises, or if the customer account of record changes, then the municipality owning a public utility may enforce all applicable rules, regulations, and tariffs.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.) |
(65 ILCS 5/11-117-13) (from Ch. 24, par. 11-117-13)
Sec. 11-117-13. Any municipality, owning a public utility, shall keep
the accounts for each public utility distinct from other municipal
accounts and in such manner as to show the true and complete financial
results of municipal ownership or ownership and operation, as the case
may be. These accounts shall be so kept as to show (1) the actual cost
of the municipality of each public utility owned; (2) all costs of
maintenance, extension, and improvement; (3) all operating expenses of
every description, in case of municipal operation; (4) the amounts set
aside for sinking fund purposes; (5) if water or other service is
furnished for the use of a public utility without charge, as nearly as
possible, the value of that service and also the value of any similar
service rendered by each public utility to any other municipal
department without charge; (6) reasonable allowances for interest,
depreciation, and insurance; and (7) estimates of the amount of taxes
that would be chargeable against each public utility if owned by a
private corporation.
The corporate authorities shall print annually for public
distribution, a report, in the form specified in this Section, showing
the financial results of the municipal ownership or ownership and
operation. The accounts of each public utility shall be examined once
each year by a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act who shall report to the corporate
authorities the results of his examination. This accountant shall
be selected in such manner as the corporate authorities may direct, and
he shall receive for his services such compensation, to be paid out of
the revenue from each public utility, as the municipality may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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(65 ILCS 5/11-117-14) (from Ch. 24, par. 11-117-14)
Sec. 11-117-14.
No referendum for the acquisition, construction or
operation of any public utility shall be held in any municipality within
the 10 months' period next following a submission to and failure of
approval by the electors therein of a proposition or ordinance to
acquire, construct or operate a public utility for the rendition of like
public utility service.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 117.1 heading) DIVISION 117.1. TERRORISM PREVENTION
(Source: P.A. 94-480, eff. 1-1-06.) |
(65 ILCS 5/11-117.1-1) Sec. 11-117.1-1. Terrorism prevention measures. A municipality that owns or operates a municipal utility may promulgate rules for the exclusion of any person, based upon criminal conviction information received about that person under the Criminal Identification Act, from all or a portion of any water treatment facility, water pumping station, electrical transfer station, electrical generation facility, natural gas facility, or any other utility facility owned or operated by the municipality. The rules must be promulgated by the appropriate municipal agency in cooperation with the principal law enforcement agency of the municipality and, in the case of rules concerning the exclusion of employees, in cooperation with bona fide collective bargaining representatives. The rules may apply to employees of the municipality, any other persons performing work at the facility, or any visitors to the facility. The rules must identify the types of criminal convictions that disqualify a person from entering a particular area, based solely on whether the person poses an unreasonable risk to the public safety because of the person's potential for future criminal conduct affecting a municipal utility facility. The rules may be amended from time to time and shall be available for inspection under the Freedom of Information Act.
(Source: P.A. 94-480, eff. 1-1-06.) |
(65 ILCS 5/Art 11 prec Div 118 heading)
HEAT, POWER AND LIGHT SERVICES
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(65 ILCS 5/Art. 11 Div. 118 heading) DIVISION 118.
REVENUE BONDS TO CONSTRUCT
HEATING PLANTS
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(65 ILCS 5/11-118-1) (from Ch. 24, par. 11-118-1)
Sec. 11-118-1.
Any municipality is authorized to pay for the construction
of a heating plant and system by the issuance and sale of revenue bonds
payable solely from the revenue derived from the operation thereof. These
bonds shall bear interest at the 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 semi-annually, and shall mature within 20
years from the date 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.
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 5/11-118-2) (from Ch. 24, par. 11-118-2)
Sec. 11-118-2.
The corporate authorities of any municipality availing
itself of the provisions of this Division 118, shall adopt an ordinance
describing in a general way the heating plant and system to be constructed
and refer to the plans and specifications prepared for that purpose, which
shall be open to the inspection of the public. This ordinance shall set out
the estimated cost of the heating plant and system and fix the amount of
bonds proposed to be issued, maturity, interest rate, and all details in
respect thereof. Revenue bonds issued under this Division 118 shall be
payable solely from the revenue derived from the heating plant and system.
These bonds shall not in any event constitute an indebtedness of the
municipality within the meaning of the constitutional provisions or
limitations. It shall be plainly stated on the face of each bond that the
bond has been issued under the provisions of this Division 118 and that it
does not constitute an indebtedness of the municipality within any
constitutional or statutory limitation.
After this ordinance has been adopted, it shall be published as provided
in Section 1-2-4. After the expiration of 10 days from the date of this
publication, the ordinance shall be in effect.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-118-3) (from Ch. 24, par. 11-118-3)
Sec. 11-118-3.
Whenever revenue bonds have been issued under this Division
118, the entire revenue received thereafter from the operation of the
heating plant and system shall be deposited in a separate fund, designated
the heating fund of the municipality of ..... This revenue shall be used
only in paying the cost of maintenance and operation of the heating plant
and system and the principal of interest upon the bonds issued under this
Division 118.
Rates charged for heating shall be sufficient to pay the cost of
maintenance and operation and to pay the principal of and interest upon all
bonds issued under this Division 118, for the construction of the heating
plant and system. These rates shall not be reduced while any of these bonds
are unpaid.
Revenue bonds issued under this Division 118 may be redeemed at any
interest-paying date, by proceeding as follows: (1) a written notice shall
be mailed to the holder of such a bond 30 days prior to an interest-paying
date, notifying the holder that the bond will be redeemed on the next
interest-paying date; or (2) if the holder of such a bond is unknown, then
a notice describing the bond to be redeemed and the date of its redemption
shall be published 30 days prior to an interest-paying date 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. When notice has been
mailed to the holder of such a bond, or when notice has been published in a
newspaper, in case the holder of the bond is unknown, the bond shall cease
bearing interest from and after the next interest-paying date.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-118-4) (from Ch. 24, par. 11-118-4)
Sec. 11-118-4.
In case an officer whose signature appears on these bonds,
or the coupons attached thereto, ceases to hold his office before the
delivery of the bonds to the purchaser, his signature, nevertheless, shall
be valid and sufficient for all purposes, to the same effect as if he had
remained in his office until the delivery of the bonds. These bonds shall
have all the qualities of negotiable paper under the law merchant and the
negotiable instrument law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-118-5) (from Ch. 24, par. 11-118-5)
Sec. 11-118-5.
The electors of a municipality may adopt and become
entitled to the benefits of this Division 118 in the following manner:
whenever a number equalling 1,000, or one-eighth, whichever is less, of
the electors of a municipality, voting at the last preceding election, petition
the circuit court for the
county in which that municipality is located, to order submitted
to a vote of the
electors of that municipality the proposition whether that municipality
shall adopt and become entitled to the benefits of this Division 118,
that court shall order this proposition certified and submitted
accordingly, at an election in accordance with the general election law. If the
proposition is not adopted at this election, it shall in like manner be
submitted to a vote of the electors of that municipality upon order of that court
upon like application at any succeeding
election.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-118-6) (from Ch. 24, par. 11-118-6)
Sec. 11-118-6.
If a majority of the votes
cast upon this proposition are in favor of the proposition, this
Division 118 is adopted by that municipality. The mayor or president
shall thereupon issue a proclamation declaring this Division 118 in
force in that municipality.
A municipality which has adopted "An Act authorizing cities, villages
and incorporated towns to issue revenue bonds for the purpose of
constructing a heating plant and system," filed July 29, 1939, as
amended, shall be treated as having adopted this Division 118 and bonds
issued under that Act shall be treated as having been issued under this
Division 118.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 119 heading) DIVISION 119.
REVENUE BONDS TO IMPROVE
LIGHT AND GAS PLANTS
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(65 ILCS 5/11-119-1) (from Ch. 24, par. 11-119-1)
Sec. 11-119-1.
Every city or village owning and operating its electric
light plant and system or its gas plant and system, may pay for improving,
enlarging or extending the plant and system by the issuance and sale of
revenue bonds. These bonds shall 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 semi-annually, and shall mature within the period of usefulness of
the project for which they are issued, such period of usefulness to be
determined by the corporate authorities, but in no event more than 30 years
from the date of completion of the project. The bonds shall be sold in such
manner as the corporate authorities shall determine, except that if issued
to bear interest at the rate of 7% annually, the bonds shall be sold for
not less than par and accrued interest, and except that the selling price
of bonds bearing less than 7% interest shall be such that the interest cost
to the municipality of the money received from the sale of such bonds,
shall not exceed 7% annually, computed to maturity according to standard
tables of bond values.
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 5/11-119-2) (from Ch. 24, par. 11-119-2)
Sec. 11-119-2.
The corporate authorities of any city or village availing
itself of the provisions of this Division 119 shall adopt an ordinance
describing in a general way the improvements or extensions to be made. It
shall not be necessary that the ordinance refer to plans and specifications
nor that there be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the project. The
ordinance shall set out the estimated cost of the improvements or
extensions and shall fix the amount of bonds proposed to be issued, the
maturity, interest rate, and all details in respect thereof. Such
ordinance, at the option of the municipality, may contain provisions which
shall be part of the contract with the holders of the bonds as to: (1) The
registration of the bonds as to principal only, or as to both principal and
interest, and the interchangeability and exchangeability of the bonds. (2)
The redemption of the bonds prior to maturity and the price, either at par
or at a premium, at which they are redeemable. (3) The setting aside of
reserves or sinking funds, and the regulation or disposition thereof. (4)
Limitations upon the issuance of additional bonds payable from the revenues
of the system, or upon the rights of the holders of these additional bonds.
(5) Other agreements with the holders of the bonds, or covenants or
restrictions necessary or desirable to safeguard the interests of these
holders. After the ordinance has been adopted and approved it shall be
published once in a newspaper published and having a general circulation in
the municipality, or if there is no such newspaper, copies of the ordinance
shall be posted in at least 4 public places within the municipality. The
ordinance shall be in effect after the expiration of 10 days from the date
of this publication.
Bonds issued under this Division 119 shall be payable solely from the
revenue derived from the electric light plant and system, or the gas plant
and system, as the case may be, and these bonds shall not in any event
constitute an indebtedness of the municipality within the meaning of any
constitutional or statutory limitation; provided, that bonds issued under
this Division 119 may also be payable from funds pledged by the
municipality issuing such bonds pursuant to the Illinois Finance Authority Act,
and, notwithstanding such
pledge of such
funds, 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 it has been issued under the provisions of this
Division 119 and that it does not constitute an indebtedness of the
municipality within any constitutional or statutory limitation.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/11-119-3) (from Ch. 24, par. 11-119-3)
Sec. 11-119-3.
Whenever bonds are issued under this Division 119,
sufficient revenue received thereafter from the operation of the electric
light plant and system, or the gas plant and system, as the case may be, to
pay the cost of maintenance and operation of the plant and system, and the
principal of and interest on all obligations payable from the revenues of
such plant and system, including the bonds issued hereunder, without
limiting the generality of the foregoing, shall be deposited in a separate
fund, designated as the electric light fund of ...., or the gas fund of
...., as the case may be. This fund shall be used only in paying (1) the
cost of maintenance and operation of the plant and system, (2) principal of
and interest upon obligations, in whatever form, of the municipality
theretofore issued that are payable by their terms from this revenue, and
(3) bonds issued under this Division 119.
Rates charged for electric current or gas shall be sufficient to pay the
cost of maintenance and operation and to pay the principal of and interest
upon all of the specified bonds and obligations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-119-4) (from Ch. 24, par. 11-119-4)
Sec. 11-119-4.
Revenue bonds issued hereunder at the option of the
municipality, may be made callable prior to their maturity at a price of
par and accrued interest, or at a stated premium, provided that in the
event such bonds, or any of them, are so made callable, it shall be so
stated on the face of each such bond.
Revenue bonds issued under the provisions of this Division 119 may be
refunded in accordance with the provisions of Sections 8-4-14 through
8-4-23.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-119-5) (from Ch. 24, par. 11-119-5)
Sec. 11-119-5.
In case any officer whose signature appears on the specified
bonds or the coupons attached thereto ceases to hold his office before the
delivery of the bonds to the purchaser, his signature nevertheless shall be
valid and sufficient for all purposes, to the same effect as if he had
remained in office until the delivery of the bonds. The specified bonds
shall have all the qualities of negotiable paper under the law merchant and
Article 3 of the Uniform Commercial Code.
(Source: P.A. 76-828.)
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(65 ILCS 5/Art. 11 Div. 119.1 heading) DIVISION 119.1.
JOINT MUNICIPAL ELECTRIC POWER AGENCIES
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(65 ILCS 5/11-119.1-1) (from Ch. 24, par. 11-119.1-1)
Sec. 11-119.1-1.
This Division shall be known and may be cited as the
Illinois Joint Municipal Electric Power Act.
(Source: P.A. 83-997.)
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(65 ILCS 5/11-119.1-2) (from Ch. 24, par. 11-119.1-2)
Sec. 11-119.1-2.
The General Assembly finds:
(a) that adequate, economical and reliable sources of electrical energy
are essential to the orderly growth and prosperity of municipalities in
the State of Illinois and that a shortage of such sources would endanger
the safety, health and welfare of the residents of the State of Illinois
and the growth and development of its municipalities;
(b) that municipal utility systems operating in the State of Illinois
for the purpose of supplying electrical energy have sustained greatly increased
capital and operating costs, causing the postponement of construction of
facilities and thereby adversely affecting the availability of adequate,
economical and reliable sources of electrical energy;
(c) that it is desirable for the State of Illinois to authorize municipal
utility systems to jointly plan, finance, own and operate facilities relating
to electrical energy and the acquisition of fuel for the generation of electrical
energy through the creation of joint agencies in order to achieve economies
and efficiencies not possible for municipalities acting alone;
(d) that the joint planning, financing, ownership and operation of facilities
relating to electrical energy and the acquisition of fuel for the generation
of electrical energy and the issuance of revenue bonds as provided herein
is for a public use and serves a valid public purpose and is a means of
achieving economy, adequacy and reliability in the supply of electrical energy
and meeting the future needs of the State of Illinois and its residents; and
(e) that the intent and policy of the General Assembly when enacting this
Division is to enable municipal utility systems to jointly plan, finance,
own and operate facilities for the generation and transmission of electrical
power and energy and related facilities or other facilities necessary or
convenient for the planning and operation of a system for the production
and transmission of electrical power and energy.
(Source: P.A. 83-997.)
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(65 ILCS 5/11-119.1-3) (from Ch. 24, par. 11-119.1-3)
Sec. 11-119.1-3.
The following terms whenever used or referred to in
this Division, shall have the following meanings unless the context requires otherwise:
(1) "Agency agreement" means the written agreement | ||
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(2) "Bonds" means revenue bonds, notes and other | ||
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(3) "Eligible utility" means a public agency or other | ||
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(4) "Governing body" means, with respect to a | ||
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(5) "Municipal power agency" means a body politic and | ||
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(6) "Municipality" means a city, village or | ||
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(7) "Project" means any plant, works, system, | ||
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(8) "Public agency" means any municipality, political | ||
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(Source: P.A. 100-177, eff. 1-1-18.)
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(65 ILCS 5/11-119.1-4) (from Ch. 24, par. 11-119.1-4)
Sec. 11-119.1-4. Municipal Power Agencies. A. Any 2 or more municipalities,
contiguous or noncontiguous, and which operate an electric utility system,
may form a municipal power agency by the execution of an agency agreement
authorized by an ordinance adopted by the governing body of each municipality.
The agency agreement may state:
(1) that the municipal power agency is created and | ||
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(2) the name of the agency and the date of its | ||
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(3) that names of the municipalities which have | ||
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(4) the names and addresses of the persons initially | ||
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(5) the limitations, if any, upon the terms of office | ||
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(6) the location by city, village or incorporated | ||
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(7) provisions for the disposition, division or | ||
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(8) any other provisions for regulating the business | ||
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B. The presiding officer of the Board of Directors of any municipal power agency established
pursuant to this Division or such other officer selected by the Board of Directors, within 3 months after establishment, shall file
a certified copy of the agency agreement and a list of the municipalities
which have adopted the agreement with the recorder of deeds of the county
in which the principal office is located. The recorder of deeds shall record
this certified copy and list and shall immediately transmit the certified
copy and list to the Secretary of State, together with his certificate of
recordation. The Secretary of State shall file these documents and issue
his certificate of approval over his signature and the Great Seal of the
State. The Secretary of State shall make and keep a register of municipal
power agencies established under this Division.
C. Each municipality which becomes a member of the municipal power agency
shall appoint a representative to serve on the Board of Directors, which
representative may be a member of the governing body of the municipality.
Each appointment shall be made by the mayor, or president, subject to the
confirmation of the governing body. The directors so appointed shall hold
office for a term of 3 years, or until a successor has been duly appointed
and qualified, except that the directors first appointed shall determine
by lot at their initial meeting the respective directors which shall serve
for a term of one, 2 or 3 years from the date of that meeting. A vacancy
shall be filled for the balance of the unexpired term in the same manner
as the original appointment.
The Board of Directors is the corporate authority of the municipal power
agency and shall exercise all the powers and manage and control all of the
affairs and property of the agency. The Board of Directors shall have full
power to pass all necessary ordinances, resolutions, rules and regulations
for the proper management and conduct of the business of the board, and
for carrying into effect the objects for which the agency was established.
At the initial meeting of the Board of Directors to be held within 30 days
after the date of establishment of the municipal power agency, the directors shall elect
from their members a presiding officer to preside over the meetings of the Board of Directors and an alternative presiding officer and may elect an executive
board. The Board of Directors shall determine and designate in the agency's bylaws the titles for the presiding officers. The directors shall also elect a secretary and treasurer, who need
not be directors. The board may select such other officers, employees and
agents as deemed to be necessary, who need not be directors or residents
of any of the municipalities which are members of the municipal power agency.
The board may designate appropriate titles for all other officers, employees, and agents. All persons selected by the board shall hold their respective offices during
the pleasure of the board, and give such bond as may be required by the board.
D. The bylaws of the municipal power agency, and any amendments thereto,
shall be adopted by the Board of Directors by a majority vote (adjusted
for weighted voting, if provided in the Agency Agreement) to provide the following:
(1) the conditions and obligations of membership, if | ||
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(2) the manner and time of calling regular and | ||
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(3) the procedural rules of the Board of Directors;
(4) the composition, powers and responsibilities of | ||
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(5) the rights and obligations of new members, and | ||
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(6) such other rules or provisions for regulating the | ||
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E. Every municipal power agency shall maintain an office in the State
of Illinois to be known as its principal office. When a municipal power
agency desires to change the location of such office, it shall file with
the Secretary of State a certificate of change of location, stating the
new address and the effective date of change. Meetings of the Board of
Directors may be held at any place within the State of Illinois, designated
by the Board of Directors, after notice. Unless otherwise provided by the
bylaws, an act of the majority of the directors present at a meeting at
which a quorum is present is the act of the Board of Directors.
F. The Board of Directors shall hold at least one meeting each year for
the election of officers and for the transaction of any other business.
Special meetings of the Board of Directors may be called for any purpose
upon written request to the presiding officer of the Board of Directors or secretary to call the meeting.
Such officer shall give notice of the meeting to be held not less than 10
days and not more than 60 days after receipt of such request. Unless the
bylaws provide for a different percentage, a quorum for a meeting of the
Board of Directors is a majority of all members then in office. All meetings
of the board shall be held in compliance with the provisions of "An Act
in relation to meetings", approved July 11, 1957, as amended.
G. The agency agreement may be amended as proposed at any meeting of the
Board of Directors for which notice, stating the purpose, shall be given
to each director and, unless the bylaws prescribe otherwise, such amendment
shall become effective when ratified by ordinances adopted by a majority
of the governing bodies of the member municipalities. Each amendment, duly
certified, shall be recorded and filed in the same manner as for the original agreement.
H. Each member municipality shall have full power and authority, subject
to the provisions of its charter and laws regarding local finance, to appropriate
money for the payment of the expenses of the municipal power agency and
of its representative in exercising its functions as a member of the municipal
power agency.
I. Any additional municipality which operates an electric utility system
may join the municipal power agency, or any member municipality may withdraw
therefrom upon the approval by ordinance adopted by the governing body of
the majority of the municipalities which are then members of the municipal
power agency. Any new member shall agree to assume its proportionate share
of the outstanding obligations of the municipal power agency and any member
permitted to withdraw shall remain obligated to make payments under any
outstanding contract or agreement with the municipal power agency. Any
such change in membership shall be recorded and filed in the same manner
as for the original agreement.
J. Any 2 or more municipal power agencies organized pursuant to this Division
may consolidate to form a new municipal power agency when approved by ordinance
adopted by the governing body of each municipality which is a member of
the respective municipal power agency and by the execution of an agency
agreement as provided in this Section.
(Source: P.A. 96-204, eff. 1-1-10.)
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(65 ILCS 5/11-119.1-5) (from Ch. 24, par. 11-119.1-5)
Sec. 11-119.1-5.
Agencies.
A. A municipal power agency shall have all
the powers enumerated in this Section in furtherance of the purposes of
this Division. In the exercise thereof it shall be deemed to be performing
an essential governmental function and exercising a part of the sovereign
powers of the State of Illinois, separate and distinct from member municipalities,
and shall have the privileges, immunities and rights of a public body politic
and corporate, municipal corporation and unit of local government, but shall
not have taxing power. All powers of the municipal power agency shall be
exercised by its Board of Directors unless otherwise provided by the bylaws.
B. A municipal power agency may plan, finance, acquire, construct, reconstruct,
own, lease, operate, maintain, repair, improve, extend or otherwise participate
in, individually or jointly with other persons, public agencies, eligible
utilities or other entities of any type, one or more projects, proposed,
existing or under construction, within or without the State of Illinois,
acquire any interest in or any right to products and services of a project,
purchase, own, sell, dispose of or otherwise participate in securities issued
in connection with the financing of a project or any portion thereof, and
may act as agent, or designate one or more persons, public agencies, eligible
utilities or other entities of any type, whether or not participating in
a project, to act as its agent, in connection with the planning, financing,
acquisition, construction, reconstruction, ownership, lease, operation,
maintenance, repair, extension or improvement of the project. Any acquisition
by eminent domain under this subsection is subject to the provisions of
Section 11-119.1-7.
C. A municipal power agency may investigate the desirability of and
necessity
for additional sources and supplies of electrical energy and fuel of any
kind for such purpose, and make studies, surveys, and estimates as may be
necessary to determine the feasibility and cost thereof.
D. A municipal power agency may cooperate with other persons public agencies,
eligible utilities or other entities of any type in the development of sources
and supplies of electrical energy and fuel of any kind for such purposes,
and give assistance with personnel and equipment in any project.
E. A municipal power agency may apply for consents, authorizations or
approvals required for any project within its powers and take all actions
necessary to comply with the conditions thereof.
F. A municipal power agency may perform any act authorized by this Division
through, or by means of, its officers, agents, or employees or by contract
with others, including, without limitation, the employment of engineers,
architects, attorneys, appraisers, financial advisors, and such other consultants
and employees as may be required in the judgment of the municipal power
agency, and fix and pay their compensation from funds available to the municipal
power agency therefor.
G. A municipal power agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type, acquire,
hold, use, and dispose of income, revenues, funds and money.
H. A municipal power agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type,
acquire, own, hire, use, operate and dispose of personal property and any
interest therein.
I. A municipal power agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type, acquire,
own, use, lease as lessor or lessee, operate and dispose of real
property and interests in real property, including projects existing, proposed
or under construction, and make improvements thereon.
J. A municipal power agency may grant the use by franchise, lease or otherwise
and make charges for the use of any property or facility owned or controlled by it.
K. A municipal power agency may borrow money and issue negotiable bonds,
secured or unsecured, in accordance with this Division.
L. A municipal power agency may invest money of the municipal power agency
not required for immediate use, including proceeds from the sale of any
bonds, in such obligations, securities, and other investments as authorized
by the provisions of "An Act relating to certain investments of public funds
by public agencies", approved July 23, 1943, as amended.
M. A municipal power agency may exercise the power of eminent domain in
accordance with the provisions of Section 11-119.1-7.
N. A municipal power agency may determine the location and character of,
and all other matters in connection with, any and all projects it is authorized
to acquire, hold, establish, effectuate, operate or control.
O. A municipal power agency may contract with any persons, public agencies,
eligible utilities or other entities of any type for the planning, development,
construction or operation of any project or for the sale, transmission or
distribution of the products and services of any project, or for any interest
therein or any right to the products and services thereof, on such terms
and for such period of time as its Board of Directors shall determine; provided,
however, contracts for the sale, transmission or distribution of electric
power and energy may only be made with eligible utilities.
P. A municipal power agency may enter into any contract or agreement necessary,
appropriate or incidental to the effectuation of its lawful purposes and
the exercise of the powers granted by this Division, including without limitation,
contracts or agreements for the purchase, sale, exchange, interchange, wheeling,
pooling, transmission, distribution or storage of electrical energy, and
fuel of any kind for any such purposes, within and without the State of
Illinois, in such amounts as it shall determine to be necessary and appropriate
to make the most effective use of its powers and to meet its responsibilities,
on such terms and for such period of time as its Board of Directors determines.
Any such contract or agreement may include
provisions for requirements purchases, restraints on resale or other dealings,
exclusive dealing, pricing, territorial division, and other conduct or arrangements
which may have an anti-competitive effect.
Q. A municipal power agency may procure insurance against any losses in
connection with its property, operations, or assets in such amounts and
from such insurers as it deems desirable, or may self-insure against such losses.
R. A municipal power agency may contract for and accept any gifts or grants
or loans of funds or property or financial or other aid in any form from
any source, and may comply, subject to the provisions of this Division,
with the terms and conditions thereof.
S. A municipal power agency may mortgage, pledge and grant a security interest
in any or all of its real and personal property to secure the payment of
its bonds or contracts.
T. That part of a project owned by a municipal power agency shall be exempt
from property taxes. However, each municipal power agency owning all or
any part of a project shall, in lieu of property taxes, pay to any governmental
unit authorized to levy property taxes the amount which would be assessed
as taxes on real property of a project if such project were otherwise subject
to valuation and assessment. Such payments in lieu of taxes shall be due
and shall bear interest if unpaid, as in the cases of taxes on other property.
Payments in lieu of taxes made under this Division shall be treated in the
same manner as taxes for purposes of all procedural and substantive provisions
of law, except that no lien may be placed upon such property to enforce
the payment of such taxes. The remedy for such payment shall be limited
to mandamus or other civil action requesting an order directing the agency
to pay such taxes and interest, if any.
U. No municipal power agency shall be authorized by this Division to sell
energy directly to other than a member municipality or an eligible utility;
provided further, that no such sale of energy is authorized except for the
purpose of resale by such purchaser, or for use by the member municipality.
V. A municipal power agency may adopt a corporate seal, and may sue and be sued.
W. A municipal power agency may exercise all other powers not inconsistent
with the Constitution of the State of Illinois or the United States Constitution,
which powers may be reasonably necessary or appropriate for or incidental
to effectuate its authorized purposes or to the exercise of any of the powers
enumerated in this Division.
(Source: P.A. 83-997.)
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(65 ILCS 5/11-119.1-6) (from Ch. 24, par. 11-119.1-6)
Sec. 11-119.1-6.
A.
A municipal power agency may from time to time issue
its bonds in such principal amounts as the municipal power agency shall
deem necessary to provide sufficient funds to carry out any of its corporate
purposes and powers, including, without limitation, the acquisition, construction
or termination of any project to be owned or leased, as lessor or lessee,
by the municipal power agency, or the acquisition of any interest therein
or any right to the products or services thereof, the funding or refunding
of the principal of, redemption premium, if any, and interest on, any bonds
issued by it whether or not such bonds or interest to be funded or refunded
have or have not become due, the payment of engineering, legal and other
expenses, together with interest to a date one year subsequent to the estimated
date of completion of the project, the establishment or increase of reserves
to secure or to pay such bonds or interest thereon, the providing of working
capital and the payment of all other costs or expenses of the municipal
power agency incident to and necessary or convenient to carry out its corporate
purposes and powers.
B. Every issue of bonds of such municipal power agency shall be payable
out of the revenues or funds of such municipal power agency, subject to
any agreements with the holders of particular bonds pledging any particular
revenues or funds. A municipal power agency may issue such types of bonds
as it may determine, including bonds as to which the principal and interest
are payable exclusively from the revenues from one or more projects, or
from an interest therein or a right to the products and services thereof,
or from one or more revenue producing contracts made by the municipal power
agency, or its revenues generally. Any such bonds may be additionally secured
by a pledge of any grant, subsidy, or contribution from
any source or a pledge of any income or revenues, funds, or moneys of the
municipal power agency from any source whatsoever.
C. All bonds of a municipal power agency shall have all the qualities
of negotiable instruments under the laws of this State.
D. Bonds of a municipal power agency shall be authorized by ordinance
of its Board of Directors and may be issued under such ordinance or under
a trust indenture or other security agreement, in one or more series, and
shall bear such date or dates, mature at such time or times within the estimated
period of usefulness of the project involved and in any event not more than
40 years from the date thereof, bear interest at such rate or rates without
regard to any limitation in any other law, be in such denominations, be
in such form, either coupon or registered, carry such conversion, registration,
and exchange privileges, have such rank or priority, be executed in such
manner, be payable in such medium of payment at such place or places within
or without the State of Illinois, be subject to such terms of redemption
with or without premium, and contain or be subject to such other terms as
the ordinance, trust indenture, or other security agreement may provide,
and shall not be restricted by the provisions of any other law limiting
the amounts, maturities, interest rates, or other terms of obligations of
public agencies or private parties. The bonds shall be sold in such manner
and at such price as the Board of Directors shall determine, at private or public sale.
E. Bonds of a municipal power agency may be issued and delivered notwithstanding
that one or more of the officers executing them shall have ceased to hold
office at the time the bonds are actually delivered.
F. Pending preparation of definitive bonds a municipal power agency may
issue temporary bonds which shall be exchanged for the definitive bonds.
G. Bonds of a municipal power agency may be issued under the provisions
of this Division without obtaining the consent of any department, division,
commission, board, bureau, or agency of the State of Illinois and without
any other proceeding or the happening of any other condition or occurrence
except as specifically required by this Division.
H. The ordinance, trust indenture, or other security agreement under which
any bonds are issued shall constitute a contract with the holders of the
bonds and may contain provisions, among others, prescribing:
(1) the terms and provisions of the bonds;
(2) the mortgage or pledge of and the grant of a security interest in
any real or personal property and all or any part of the revenue from any
project or any revenue producing contract made by the municipal power agency
to secure the payment of bonds, subject to any agreements with the holders
of bonds which might then exist;
(3) the custody, collection, securing, investments, and payment of any
revenues, assets, money, funds, or property with respect to which the municipal
power agency may have any rights or interest;
(4) the rates or charges for electrical energy or other services rendered
by the municipal power agency, the amount to be raised by the rates or charges,
and the use and disposition of any or all revenue;
(5) the creation of reserves or sinking funds and the regulation and disposition
thereof;
(6) the purposes to which the proceeds from the sale of any bonds then
or thereafter to be issued may be applied, and the pledge of revenues to
secure the payment of the bonds;
(7) the limitations on the issuance of any additional bonds, the terms
upon which additional bonds may be issued and secured, and the refunding
of outstanding bonds;
(8) the rank or priority of any bonds with respect to any lien or security;
(9) the creation of special funds or moneys to be held in trust or otherwise
for operational expenses, payment, or redemption of bonds, reserves or other
purposes, and the use and disposition of moneys held in such funds;
(10) the procedure by which the terms of any contract with or for the
benefit of the holders of bonds may be amended or revised, the amount of
bonds the holders of which must consent thereto, and the manner in which
consent may be given;
(11) the definition of the acts or omissions to act which shall constitute
a default in the duties of the municipal power agency to holders of its
bonds, and the rights and remedies of the holders in the event of default,
including, if the municipal power agency so determines, the right to accelerate
the due date of the bonds or the right to appoint a receiver or receivers
of the property or revenues subject to the lien of the ordinance, trust
indenture, or other security agreement;
(12) any other or additional agreements with or for the benefit of the
holders of bonds or any covenants or restrictions necessary or desirable
to safeguard the interests of the holders;
(13) the custody of its properties or investments, the safekeeping thereof,
the insurance to be carried thereon, and the use and disposition of insurance proceeds;
(14) the vesting in a trustee or trustees, within or without the State
of Illinois, of such properties, rights, powers and duties in trust as the
municipal power agency may determine; or the limiting or abrogating of the
rights of the holders of any bonds to appoint a trustee, or the limiting
of the rights, powers and duties of such trustee; or
(15) the appointment of and the establishment of the duties and obligations
of any paying agent or other fiduciary within or without the State of Illinois.
I. For the security of bonds issued or to be issued by a municipal power
agency, the municipal power agency may mortgage or execute deeds of trust
of the whole or any part of its property and franchises. Any pledge of
revenues, securities, contract rights or other personal property made by
a municipal power agency pursuant to this Division shall be valid and binding
from the date the pledge is made. The revenues, securities, contract rights
or other personal property so pledged and then held or thereafter received
by the municipal power agency or any fiduciary shall immediately be subject
to the lien of the pledge without any physical delivery thereof or further
act, and the lien of the pledge shall be valid and binding as against all
parties having claims of any kind in tort, contract, or otherwise against
the municipal power agency without regard to whether such parties have notice
thereto. The ordinance, trust indenture, security agreement or other instrument
by which a pledge is created shall be recorded in the county in which the
principal office is located in the manner provided by law.
J. Neither the officials, the directors, nor the members of a municipal
power agency nor any person executing bonds shall be liable personally on
the bonds or be subject to any personal liability or accountability by reason
of the issuance thereof. A municipal power agency shall have power to indemnify
and to purchase and maintain insurance on behalf of any director, officer,
employee, or agent of the municipal power agency, in connection with any
threatened, pending, or completed action, suit, or proceeding.
K. A municipal power agency shall have power to purchase out of any funds
available therefor, bonds, and to hold, pledge, cancel, or retire the bonds
and coupons prior to maturity, subject to and in accordance with any agreements
with the holders.
L. The principal of and interest upon any bonds issued by a municipal
power agency shall be payable solely from the revenues or funds pledged or
available for their payment as authorized in this Division. Each bond shall
contain a statement that it constitutes an obligation of the municipal power
agency issuing the bond, that the principal thereof and interest thereon
are payable solely from revenues or funds of such municipal power agency
and that neither the State of Illinois nor any political subdivision thereof,
except the issuer, nor any municipality which is a member of the municipal
power agency, is obligated to pay the principal or interest on the bonds
and that neither the faith and credit nor the taxing power of the State
of Illinois or any such political subdivision thereof or of any such municipality
is pledged to the payment of the principal of or the interest on the bonds.
(Source: P.A. 83-997.)
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(65 ILCS 5/11-119.1-7) (from Ch. 24, par. 11-119.1-7)
Sec. 11-119.1-7. Except as otherwise provided by this Division, a municipal
power agency may acquire all real or personal property that it deems necessary
for carrying out the purposes of this Division, whether in fee simple absolute
or a lesser interest, by condemnation and the exercise of the power of eminent
domain in the manner provided in the Eminent Domain Act.
A municipal power agency shall have no power of eminent domain with respect
to any real or personal property owned or leased by any eligible utility
as part of a system, whether existing, under construction or being planned,
of facilities for the generation,
transmission, production or distribution of electrical power.
The authority of a municipal power agency to acquire real or personal property
by condemnation or the exercise of the power of eminent domain shall be
a continuing power, and no exercise thereof shall exhaust it.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-119.1-8) (from Ch. 24, par. 11-119.1-8)
Sec. 11-119.1-8.
Other Charges.
A municipal power agency may establish,
levy, and collect or may authorize, by contract, franchise, lease, or otherwise,
the establishment, levying and collection of rents, rates and other charges
for the products and services afforded by the municipal power agency or
by or in connection with any project or properties which it may construct,
acquire, own, operate, or control or with respect to which it may have any
interest or any right to the products and services thereof as it may deem
necessary, proper, desirable or reasonable. Rents, rates, and other charges
shall be at least sufficient to meet the operation, maintenance and other
expenses thereof, including reasonable reserves, interest, and principal
payments, including payments into one or more sinking funds for the retirement
of principal. A municipal power agency may pledge its rates, rents, and
other revenue, or any part thereof, as security for the repayment, with
interest and premium, if any, of any moneys borrowed by it or advanced
to it for any of its authorized purposes and as security for the payment
of amounts due and owing by it under any contract.
(Source: P.A. 83-997.)
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(65 ILCS 5/11-119.1-9) (from Ch. 24, par. 11-119.1-9)
Sec. 11-119.1-9.
A.
In order to accomplish the purposes of this Division,
a municipality may enter into and carry out contracts and agreements for
the purchase from a municipal power agency of power and energy, transmission
services, power supply development services and other services.
(1) Each such contract and agreement shall be for a period not to exceed
50 years and shall contain such other terms, conditions and provisions,
not inconsistent with the provisions of this Division, as the governing
body of such municipality shall approve, including, without limitation,
provisions whereby the municipality is obligated to pay for the products
and services of a municipal power agency without set-off or counterclaim
and irrespective of whether such products or services are furnished, made
available or delivered to the municipality or whether any project contemplated
by any such contract and agreement is completed, operable or operating,
and notwithstanding suspension, interruption, interference, reduction or
curtailment of the products and services of such project.
(2) Each such contract and agreement may be pledged by such municipal
power agency to secure its obligations and may provide that if one or more
municipalities defaults in the payment of its obligations under such contract
and agreement, the remaining municipalities having such contracts and agreements
shall be required to pay for and shall be entitled proportionately to use
or otherwise dispose of the products and services which were to be purchased
by the defaulting municipality.
(3) Each such contract and agreement shall be a limited obligation of
a municipality payable from and secured by a pledge of, and lien and charge
upon, all or any part of the revenues derived or to be derived from the
ownership and operation of its electric utility system as an expense of
operation and maintenance thereof, and shall not constitute an indebtedness
of such municipality for the purpose of any statutory limitation.
(4) Nothing in this Division shall be construed to preclude a municipality
from appropriating and using taxes and other revenues received in any year
to make payments due or to comply with covenants to be performed during
that year under any contract or agreement for a term of years entered into
as contemplated in this Division, subject to the provisions of laws regarding
local financing.
B. Any such contract or agreement may include provisions for requirements
purchases, restraints on resale or other dealings, exclusive dealing, pricing,
territorial division, and other conduct or arrangements which may have an
anti-competitive effect.
(Source: P.A. 83-997.)
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(65 ILCS 5/11-119.1-10) (from Ch. 24, par. 11-119.1-10)
Sec. 11-119.1-10.
Exercise of powers.
A municipal power agency may
exercise any and all of
the powers enumerated in this Division, except the power of eminent domain,
without the consent and approval of the Illinois Commerce Commission. The
exercise of the power of eminent domain by a municipal power agency shall be
subject to the consent and approval of the Illinois Commerce Commission in the
same manner and to
the same extent as public utilities under the Public Utilities
Act, including the issuance
of a certificate of public convenience and necessity as provided for in Section
8-406 of that Act. During
the consideration of any petition for authority to exercise the power of
eminent domain the Illinois Commerce Commission shall evaluate and give due
consideration to the impact of the acquisition on farmlands in the State with
the
goal of preserving the land to the fullest extent reasonably possible.
(Source: P.A. 90-416, eff. 1-1-98.)
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(65 ILCS 5/11-119.1-11) (from Ch. 24, par. 11-119.1-11)
Sec. 11-119.1-11.
Notwithstanding any other law to the contrary, the
State of Illinois and all its public officers, governmental units, agencies and
instrumentalities, all banks, trust companies, savings banks and institutions,
building and loan associations, savings and loan associations, investment
companies, and others carrying on a banking business, all insurance
companies, insurance associations and others carrying on any insurance
business, and all executors, administrators, guardians, trustees and other
fiduciaries may legally invest any sinking funds, money, or other funds
belonging to them or within their control in any bonds issued pursuant to
this Division and the bonds shall be authorized security for any and all
public deposits.
(Source: P.A. 83-997.)
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(65 ILCS 5/11-119.1-12) (from Ch. 24, par. 11-119.1-12)
Sec. 11-119.1-12.
A.
This Division shall be construed liberally to
effectuate its legislative intent and purpose, as complete and independent
authority for the performance of each and every act and thing authorized by
this Division, and all authority granted shall be broadly interpreted to
effectuate this intent and purpose and not as a limitation of powers. This
Division is expressly not a limit on any of the powers granted any unit of
local government of this State by constitution, statute, charter or otherwise,
other than when the unit of local government is acting expressly pursuant to
this Division.
B. In the event of any conflict or inconsistency between this Division
and any other law or charter provision, the provisions of this Division shall
prevail.
C. Any provision of this Division which may be determined by competent
authority to be prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof, and
any such prohibition or unenforceability in any jurisdiction shall not
invalidate
or render unenforceable such provision in any other jurisdiction.
(Source: P.A. 90-655, eff. 7-30-98.)
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(65 ILCS 5/Art. 11 Div. 119.2 heading) DIVISION 119.2.
JOINT MUNICIPAL NATURAL GAS AGENCIES
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(65 ILCS 5/11-119.2-1) (from Ch. 24, par. 11-119.2-1)
Sec. 11-119.2-1.
This Division shall be known and may be cited as the
Illinois Joint Municipal Natural Gas Act.
(Source: P.A. 84-1221.)
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(65 ILCS 5/11-119.2-2) (from Ch. 24, par. 11-119.2-2)
Sec. 11-119.2-2.
The General Assembly finds:
(a) that adequate, economical and reliable sources of natural gas
are essential to the orderly growth and prosperity of municipalities in
the State of Illinois and that a shortage of such sources would endanger
the safety, health and welfare of the residents of the State of Illinois
and the growth and development of its municipalities;
(b) that municipal utility systems operating in the State of Illinois
for the purpose of supplying natural gas have sustained greatly increased
capital and operating costs,
thereby adversely affecting the availability of adequate,
economical and reliable sources of natural gas;
(c) that it is desirable for the State of Illinois to authorize municipal
utility systems to jointly plan, finance, own and operate facilities relating
to natural gas, plants and systems
through the creation of joint agencies in order to achieve economies
and efficiencies not possible for municipalities acting alone;
(d) that the joint planning, financing, ownership and operation of facilities
relating to natural gas, plants and systems
and the issuance of revenue bonds as provided herein
is for a public use and serves a valid public purpose and is a means of
achieving economy, adequacy and reliability in the supply of natural gas
and meeting the future needs of the State of Illinois and its residents; and
(e) that the intent and policy of the General Assembly when enacting this
Division is to enable municipal utility systems to jointly plan, finance,
own and operate facilities for the exploration, production, acquisition,
storage, transmission or distribution of natural gas
and related facilities or other facilities necessary or
convenient for the planning and operation of a system for production,
acquisition, storage, transmission or distribution of natural gas.
(Source: P.A. 84-1221.)
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(65 ILCS 5/11-119.2-3) (from Ch. 24, par. 11-119.2-3)
Sec. 11-119.2-3. The following terms whenever used or referred to in
this Division, shall have the following meanings unless the context requires otherwise:
(1) "Agency agreement" means the written agreement between 2 or more municipalities
establishing a municipal natural gas agency.
(2) "Bonds" means revenue bonds, notes and other evidences of obligations
of a municipal natural gas agency issued under the provisions of this Division.
(3) "Eligible utility" means a public agency or other entity of any type,
which owns, operates or controls any plant or equipment for the exploration,
production, acquisition, storage, transmission or distribution
of natural gas in connection
with the furnishing thereof for sale or resale.
(4) "Governing body" means, with respect to a municipality, the council,
city council, board of trustees, or other corporate authority of the municipality
which exercises the general governmental powers of such municipality.
(5) "Municipal natural gas agency" means a body politic and corporate, municipal
corporation and unit of local government of the State of Illinois organized
in accordance with the provisions of this Division.
(6) "Municipality" means a city, village or incorporated town in the State
of Illinois, or any other state in the United States, owning or operating a natural gas plant or system which
furnishes natural gas service to the public.
(7) "Project" means any plant, works, system, facility, and real and personal
property of any nature whatsoever, together with all parts thereof and appurtenances
thereto, used or useful in the storage, acquisition, exploration,
production, distribution, transmission,
purchase, sale, exchange or interchange of natural gas and in the
acquisition, extraction, conversion, transportation, storage
or reprocessing of fuel of any kind for any such purposes, or any interest
in, or right to the use, services, output or capacity, of any such plant,
works, system or facilities.
(8) "Public agency" means any municipality, political subdivision, municipal
corporation, unit of local government, governmental unit, or public corporation
operated by or pursuant to the laws of the State of Illinois, of another
state or of the United States, and any state, the United States, and any
commission, board, bureau or other body declared by the laws of any state
or the United States to be a department, agency, or instrumentality thereof.
(9) "Natural gas" means any gaseous heating fuel which is naturally or
synthetically produced.
(Source: P.A. 94-731, eff. 4-19-06.)
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(65 ILCS 5/11-119.2-4) (from Ch. 24, par. 11-119.2-4)
Sec. 11-119.2-4. A. Any 2 or more municipalities, contiguous or
noncontiguous, and which operate a natural gas plant or system, may form a
municipal natural gas agency by the execution of an agency agreement authorized
by an ordinance adopted by the governing body of each municipality. The agency
agreement may state:
(1) that the municipal natural gas agency is created | ||
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(2) the name of the agency and the date of its | ||
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(3) the names of the municipalities which have | ||
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(4) the names and addresses of the persons initially | ||
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(5) the limitations, if any, upon the terms of office | ||
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(6) the location by city, village or incorporated | ||
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(7) provisions for the disposition, division or | ||
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(8) any other provisions for regulating the business | ||
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B. The presiding officer of the Board of Directors of any municipal natural gas agency
established pursuant to this Division or such other officer selected by the Board of Directors, within 3 months after establishment,
shall file a certified copy of the agency agreement and a list of the
municipalities which have adopted the agreement with the recorder of the county
in which the principal office is located. The recorder shall record this
certified copy and list and shall immediately transmit the certified copy and
list to the Secretary of State, together with his certificate of recordation.
The Secretary of State shall file these documents and issue his certificate of
approval over his signature and the Great Seal of the State. The Secretary of
State shall make and keep a register of municipal natural gas agencies
established under this Division.
C. Each municipality which becomes a member of the municipal natural gas
agency shall appoint a representative to serve on the Board of Directors, which
representative may be a member of the governing body of the municipality. Each
appointment shall be made by the mayor, or president, subject to the
confirmation of the governing body. The directors so appointed shall hold
office for a term of 3 years, or until a successor has been duly appointed and
qualified, except that the directors first appointed shall determine by lot at
their initial meeting the respective directors which shall serve for a term of
one, 2 or 3 years from the date of that meeting. A vacancy shall be filled for
the balance of the unexpired term in the same manner as the original
appointment.
The Board of Directors is the corporate authority of the municipal natural
gas agency and shall exercise all the powers and manage and control all of the
affairs and property of the agency. The Board of Directors shall have full
power to pass all necessary ordinances, resolutions, rules and regulations
for the proper management and conduct of the business of the board, and
for carrying into effect the objects for which the agency was established.
At the initial meeting of the Board of Directors to be held within 30 days
after the date of establishment of the municipal natural gas agency, the directors shall elect
from their members a presiding officer to preside over the meetings of the Board of Directors and an alternate presiding officer and may elect an executive
board. The Board of Directors shall determine and designate in the agency's bylaws the titles for the presiding officers. The directors shall also elect a secretary and treasurer, who need
not be directors. The board may select such other officers, employees and
agents as deemed to be necessary, who need not be directors or residents
of any of the municipalities which are members of the municipal natural gas
agency. The board may designate appropriate titles for all other officers, employees, and agents. All persons selected by the board shall hold their respective offices
during the pleasure of the board, and give such bond as may be required by the
board.
D. The bylaws of the municipal natural gas agency, and any amendments
thereto, shall be adopted by the Board of Directors by a majority vote
(adjusted for weighted voting, if provided in the Agency Agreement) to provide
the following:
(1) the conditions and obligations of membership, if | ||
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(2) the manner and time of calling regular and | ||
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(3) the procedural rules of the Board of Directors;
(4) the composition, powers and responsibilities of | ||
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(5) the rights and obligations of new members, and | ||
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(6) such other rules or provisions for regulating the | ||
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E. Every municipal natural gas agency shall maintain an office in the State
of Illinois to be known as its principal office. When a municipal natural gas
agency desires to change the location of such office, it shall file with
the Secretary of State a certificate of change of location, stating the
new address and the effective date of change. Meetings of the Board of
Directors may be held at any place within the State of Illinois, designated
by the Board of Directors, after notice. Unless otherwise provided by the
bylaws, an act of the majority of the directors present at a meeting at
which a quorum is present is the act of the Board of Directors.
F. The Board of Directors shall hold at least one meeting each year for
the election of officers and for the transaction of any other business.
Special meetings of the Board of Directors may be called for any purpose
upon written request to the presiding officer of the Board of Directors or secretary to call the meeting.
Such officer shall give notice of the meeting to be held not less than 10
days and not more than 60 days after receipt of such request. Unless the
bylaws provide for a different percentage, a quorum for a meeting of the
Board of Directors is a majority of all members then in office. All meetings
of the board shall be held in compliance with the provisions of the Open
Meetings Act.
G. The agency agreement may be amended as proposed at any meeting of the
Board of Directors for which notice, stating the purpose, shall be given
to each director and, unless the bylaws prescribe otherwise, such amendment
shall become effective when ratified by ordinances adopted by a majority
of the governing bodies of the member municipalities. Each amendment, duly
certified, shall be recorded and filed in the same manner as for the original
agreement.
H. Each member municipality shall have full power and authority, subject
to the provisions of its charter and laws regarding local finance, to
appropriate money for the payment of the expenses of the municipal natural gas
agency and of its representative in exercising its functions as a member of the
municipal natural gas agency.
I. Any additional municipality which operates a natural gas plant or system
may join the municipal natural gas agency, or any member municipality may
withdraw therefrom upon the approval by ordinance adopted by the governing body
of the majority of the municipalities which are then members of the municipal
natural gas agency. Any new member shall agree to assume its proportionate
share of the outstanding obligations of the municipal natural gas agency and
any member permitted to withdraw shall remain obligated to make payments under
any outstanding contract or agreement with the municipal natural gas agency.
Any such change in membership shall be recorded and filed in the same manner as
for the original agreement.
J. Any 2 or more municipal natural gas agencies organized pursuant to this
Division may consolidate to form a new municipal natural gas agency when
approved by ordinance adopted by the governing body of each municipality which
is a member of the respective municipal natural gas agency and by the execution
of an agency agreement as provided in this Section.
(Source: P.A. 96-204, eff. 1-1-10.)
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(65 ILCS 5/11-119.2-5) (from Ch. 24, par. 11-119.2-5)
Sec. 11-119.2-5.
A.
A municipal natural gas agency shall have all
the powers enumerated in this Section in furtherance of the purposes of
this Division. In the exercise thereof it shall be deemed to be performing
an essential governmental function and exercising a part of the sovereign
powers of the State of Illinois, separate and distinct from member municipalities,
and shall have the privileges, immunities and rights of a public body politic
and corporate, municipal corporation and unit of local government, but shall
not have taxing power. All powers of the municipal natural gas agency shall be
exercised by its Board of Directors unless otherwise provided by the bylaws.
B. A municipal natural gas agency may plan, finance, acquire, construct, reconstruct,
own, lease, operate, maintain, repair, improve, extend or otherwise participate
in, individually or jointly with other persons, public agencies, eligible
utilities or other entities of any type, one or more projects, proposed,
existing or under construction, within or without the State of Illinois,
acquire any interest in or any right to products and services of a project,
purchase, own, sell, dispose of or otherwise participate in securities issued
in connection with the financing of a project or any portion thereof, and
may act as agent, or designate one or more persons, public agencies, eligible
utilities or other entities of any type, whether or not participating in
a project, to act as its agent, in connection with the planning, financing,
acquisition, construction, reconstruction, ownership, lease, operation,
maintenance, repair, extension or improvement of the project. Any acquisition
by eminent domain under this subsection is subject to the provisions of
Section 11-119.2-7.
C. A municipal natural gas agency may investigate the desirability of and
necessity
for additional sources and supplies of natural gas and fuel of any
kind for such purpose, and make studies, surveys, and estimates as may be
necessary to determine the feasibility and cost thereof.
D. A municipal natural gas agency may cooperate with other persons, public agencies,
eligible utilities or other entities of any type in the development of sources
and supplies of natural gas and fuel of any kind for such purposes,
and give assistance with personnel and equipment in any project.
E. A municipal natural gas agency may apply for consents, authorizations or
approvals required for any project within its powers and take all actions
necessary to comply with the conditions thereof.
F. A municipal natural gas agency may perform any act authorized by this Division
through, or by means of, its officers, agents, or employees or by contract
with others, including, without limitation, the employment of engineers,
architects, attorneys, appraisers, financial advisors, and such other consultants
and employees as may be required in the judgment of the municipal natural gas
agency, and fix and pay their compensation from funds available to the municipal
natural gas agency therefor.
G. A municipal natural gas agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type, acquire,
hold, use, and dispose of income, revenues, funds and money.
H. A municipal natural gas agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type,
acquire, own, hire, use, operate and dispose of personal property and any
interest therein.
I. A municipal natural gas agency may, individually or jointly with other persons,
public agencies, eligible utilities or other entities of any type, acquire,
own, use, lease as lessor or lessee, operate and dispose of real
property and interests in real property, including projects existing, proposed
or under construction, and make improvements thereon.
J. A municipal natural gas agency may grant the use by franchise, lease or otherwise
and make charges for the use of any property or facility owned or controlled by it.
K. A municipal natural gas agency may borrow money and issue negotiable bonds,
secured or unsecured, in accordance with this Division.
L. A municipal natural gas agency may invest money of the municipal natural gas agency
not required for immediate use, including proceeds from the sale of any
bonds, in such obligations, securities, and other investments as authorized
by the provisions of "An Act relating to certain investments of public funds
by public agencies", approved July 23, 1943, as amended.
M. A municipal natural gas agency may exercise the power of eminent domain in
accordance with the provisions of Section 11-119.2-7.
N. A municipal natural gas agency may determine the location and character of,
and all other matters in connection with, any and all projects it is authorized
to acquire, hold, establish, effectuate, operate or control.
O. A municipal natural gas agency may contract with any persons, public agencies,
eligible utilities or other entities of any type for the planning, development,
construction or operation of any project or for the sale, transmission or
distribution of the products and services of any project, or for any interest
therein or any right to the products and services thereof, on such terms
and for such period of time as its Board of Directors shall determine.
P. A municipal natural gas agency may enter into any contract or agreement necessary,
appropriate or incidental to the effectuation of its lawful purposes and
the exercise of the powers granted by this Division, including without limitation,
contracts or agreements for the purchase, sale, exchange, interchange, wheeling,
pooling, transmission, distribution or storage of natural gas and
fuel of any kind for any such purposes, within and without the State of
Illinois, in such amounts as it shall determine to be necessary and appropriate
to make the most effective use of its powers and to meet its responsibilities,
on such terms and for such period of time as its Board of Directors determines.
Any such contract or agreement may include
provisions for requirements purchases, restraints on resale or other dealings,
exclusive dealing, pricing, territorial division, and other conduct or arrangements
which may have an anti-competitive effect.
Q. A municipal natural gas agency may procure insurance against any losses in
connection with its property, operations, or assets in such amounts and
from such insurers as it deems desirable, or may self-insure against such losses.
R. A municipal natural gas agency may contract for and accept any gifts or grants
or loans of funds or property or financial or other aid in any form from
any source, and may comply, subject to the provisions of this Division,
with the terms and conditions thereof.
S. A municipal natural gas agency may mortgage, pledge and grant a security interest
in any or all of its real and personal property to secure the payment of
its bonds or contracts.
T. That part of a project owned by a municipal natural gas agency shall be exempt
from property taxes. However, each municipal natural gas agency owning all or
any part of a project shall, in lieu of property taxes, pay to any governmental
unit authorized to levy property taxes the amount which would be assessed
as taxes on real property of a project if such project were otherwise subject
to valuation and assessment. Such payments in lieu of taxes shall be due
and shall bear interest if unpaid, as in the cases of taxes on other property.
Payments in lieu of taxes made under this Division shall be treated in the
same manner as taxes for purposes of all procedural and substantive provisions
of law, except that no lien may be placed upon such property to enforce
the payment of such taxes. The remedy for such payment shall be limited
to mandamus or other civil action requesting an order directing the agency
to pay such taxes and interest, if any.
U. No municipal natural gas agency shall be authorized by this Division to sell
natural gas directly to other than a member municipality or an eligible utility.
V. A municipal natural gas agency may adopt a corporate seal, and may sue and be sued.
W. A municipal natural gas agency may exercise all other powers not inconsistent
with the Constitution of the State of Illinois or the United States Constitution,
which powers may be reasonably necessary or appropriate for or incidental
to effectuate its authorized purposes or to the exercise of any of the powers
enumerated in this Division.
(Source: P.A. 84-1221.)
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(65 ILCS 5/11-119.2-6) (from Ch. 24, par. 11-119.2-6)
Sec. 11-119.2-6.
A.
A municipal natural gas agency may from time to time issue
its bonds in such principal amounts as the municipal natural gas agency shall
deem necessary to provide sufficient funds to carry out any of its corporate
purposes and powers, including, without limitation, the acquisition, construction
or termination of any project to be owned or leased, as lessor or lessee,
by the municipal natural gas agency, or the acquisition of any interest therein
or any right to the products or services thereof, the funding or refunding
of the principal of, redemption premium, if any, and interest on, any bonds
issued by it whether or not such bonds or interest to be funded or refunded
have or have not become due, the payment of engineering, legal and other
expenses, together with interest to a date one year subsequent to the estimated
date of completion of the project, the establishment or increase of reserves
to secure or to pay such bonds or interest thereon, the providing of working
capital and the payment of all other costs or expenses of the municipal
natural gas agency incident to and necessary or convenient to carry out its corporate
purposes and powers.
B. Every issue of bonds of such municipal natural gas agency shall be payable
out of the revenues or funds of such municipal natural gas agency, subject to
any agreements with the holders of particular bonds pledging any particular
revenues or funds. A municipal natural gas agency may issue such types of bonds
as it may determine, including bonds as to which the principal and interest
are payable exclusively from the revenues from one or more projects, or
from an interest therein or a right to the products and services thereof,
or from one or more revenue producing contracts made by the municipal natural gas
agency, or its revenues generally. Any such bonds may be additionally secured
by a pledge of any grant, subsidy, or contribution from
any source or a pledge of any income or revenues, funds, or moneys of the
municipal natural gas agency from any source whatsoever.
C. All bonds of a municipal natural gas agency shall have all the qualities
of negotiable instruments under the laws of this State.
D. Bonds of a municipal natural gas agency shall be authorized by ordinance
of its Board of Directors and may be issued under such ordinance or under
a trust indenture or other security agreement, in one or more series, and
shall bear such date or dates, mature at such time or times within the estimated
period of usefulness of the project involved and in any event not more than
40 years from the date thereof, bear interest at such rate or rates without
regard to any limitation in any other law, be in such denominations, be
in such form, either coupon or registered, carry such conversion, registration,
and exchange privileges, have such rank or priority, be executed in such
manner, be payable in such medium of payment at such place or places within
or without the State of Illinois, be subject to such terms of redemption
with or without premium, and contain or be subject to such other terms as
the ordinance, trust indenture, or other security agreement may provide,
and shall not be restricted by the provisions of any other law limiting
the amounts, maturities, interest rates, or other terms of obligations of
public agencies or private parties. The bonds shall be sold in such manner
and at such price as the Board of Directors shall determine, at private or public sale.
E. Bonds of a municipal natural gas agency may be issued and delivered notwithstanding
that one or more of the officers executing them shall have ceased to hold
office at the time the bonds are actually delivered.
F. Pending preparation of definitive bonds a municipal natural gas agency may
issue temporary bonds which shall be exchanged for the definitive bonds.
G. Bonds of a municipal natural gas agency may be issued under the provisions
of this Division without obtaining the consent of any department, division,
commission, board, bureau, or agency of the State of Illinois and without
any other proceeding or the happening of any other condition or occurrence
except as specifically required by this Division.
H. The ordinance, trust indenture, or other security agreement under which
any bonds are issued shall constitute a contract with the holders of the
bonds and may contain provisions, among others, prescribing:
(1) the terms and provisions of the bonds;
(2) the mortgage or pledge of and the grant of a security interest in
any real or personal property and all or any part of the revenue from any
project or any revenue producing contract made by the municipal natural gas agency
to secure the payment of bonds, subject to any agreements with the holders
of bonds which might then exist;
(3) the custody, collection, securing, investments, and payment of any
revenues, assets, money, funds, or property with respect to which the municipal
natural gas agency may have any rights or interest;
(4) the rates or charges for natural gas or other services rendered
by the municipal natural gas agency, the amount to be raised by the rates or charges,
and the use and disposition of any or all revenue;
(5) the creation of reserves or sinking funds and the regulation and disposition
thereof;
(6) the purposes to which the proceeds from the sale of any bonds then
or thereafter to be issued may be applied, and the pledge of revenues to
secure the payment of the bonds;
(7) the limitations on the issuance of any additional bonds, the terms
upon which additional bonds may be issued and secured, and the refunding
of outstanding bonds;
(8) the rank or priority of any bonds with respect to any lien or security;
(9) the creation of special funds or moneys to be held in trust or otherwise
for operational expenses, payment, or redemption of bonds, reserves or other
purposes, and the use and disposition of moneys held in such funds;
(10) the procedure by which the terms of any contract with or for the
benefit of the holders of bonds may be amended or revised, the amount of
bonds the holders of which must consent thereto, and the manner in which
consent may be given;
(11) the definition of the acts or omissions to act which shall constitute
a default in the duties of the municipal natural gas agency to holders of its
bonds, and the rights and remedies of the holders in the event of default,
including, if the municipal natural gas agency so determines, the right to accelerate
the due date of the bonds or the right to appoint a receiver or receivers
of the property or revenues subject to the lien of the ordinance, trust
indenture, or other security agreement;
(12) any other or additional agreements with or for the benefit of the
holders of bonds or any covenants or restrictions necessary or desirable
to safeguard the interests of the holders;
(13) the custody of its properties or investments, the safekeeping thereof,
the insurance to be carried thereon, and the use and disposition of insurance proceeds;
(14) the vesting in a trustee or trustees, within or without the State
of Illinois, of such properties, rights, powers and duties in trust as the
municipal natural gas agency may determine; or the limiting or abrogating of the
rights of the holders of any bonds to appoint a trustee, or the limiting
of the rights, powers and duties of such trustee; or
(15) the appointment of and the establishment of the duties and obligations
of any paying agent or other fiduciary within or without the State of Illinois.
I. For the security of bonds issued or to be issued by a municipal natural gas
agency, the municipal natural gas agency may mortgage or execute deeds of trust
of the whole or any part of its property and franchises. Any pledge of
revenues, securities, contract rights or other personal property made by
a municipal natural gas agency pursuant to this Division shall be valid and binding
from the date the pledge is made. The revenues, securities, contract rights
or other personal property so pledged and then held or thereafter received
by the municipal natural gas agency or any fiduciary shall immediately be subject
to the lien of the pledge without any physical delivery thereof or further
act, and the lien of the pledge shall be valid and binding as against all
parties having claims of any kind in tort, contract, or otherwise against
the municipal natural gas agency without regard to whether such parties have notice
thereto. The ordinance, trust indenture, security agreement or other instrument
by which a pledge is created shall be recorded in the county in which the
principal office is located in the manner provided by law.
J. Neither the officials, the directors, nor the members of a municipal
natural gas agency nor any person executing bonds shall be liable personally on
the bonds or be subject to any personal liability or accountability by reason
of the issuance thereof. A municipal natural gas agency shall have power to indemnify
and to purchase and maintain insurance on behalf of any director, officer,
employee, or agent of the municipal natural gas agency, in connection with any
threatened, pending, or completed action, suit, or proceeding.
K. A municipal natural gas agency shall have power to purchase out of any funds
available therefor, bonds, and to hold, pledge, cancel, or retire the bonds
and coupons prior to maturity, subject to and in accordance with any agreements
with the holders.
L. The principal of and interest upon any bonds issued by a municipal
natural gas agency shall be payable solely from the revenues or funds pledged or
available for their payment as authorized in this Division. Each bond shall
contain a statement that it constitutes an obligation of the municipal natural gas
agency issuing the bond, that the principal thereof and interest thereon
are payable solely from revenues or funds of such municipal natural gas agency
and that neither the State of Illinois nor any political subdivision thereof,
except the issuer, nor any municipality which is a member of the municipal
power agency, is obligated to pay the principal or interest on the bonds
and that neither the faith and credit nor the taxing power of the State
of Illinois or any such political subdivision thereof or of any such municipality
is pledged to the payment of the principal of or the interest on the bonds.
(Source: P.A. 84-1221.)
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(65 ILCS 5/11-119.2-7) (from Ch. 24, par. 11-119.2-7)
Sec. 11-119.2-7. Except as otherwise provided by this Division, a municipal
natural gas agency may acquire all real or personal property that it deems necessary
for carrying out the purposes of this Division, whether in fee simple absolute
or a lesser interest, by condemnation and the exercise of the power of eminent
domain in the manner provided in the Eminent Domain Act.
A municipal natural gas agency shall have no power of eminent domain with respect
to any real or personal property owned or leased by any eligible utility
as part of a system, whether existing, under construction or being planned,
of facilities for the storage, exploration,
transmission, production or distribution of natural gas.
The authority of a municipal natural gas agency to acquire real or personal property
by condemnation or the exercise of the power of eminent domain shall be
a continuing power, and no exercise thereof shall exhaust it.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-119.2-8) (from Ch. 24, par. 11-119.2-8)
Sec. 11-119.2-8.
A municipal natural gas agency may establish,
levy, and collect or may authorize, by contract, franchise, lease, or otherwise,
the establishment, levying and collection of rents, rates and other charges
for the products and services afforded by the municipal natural gas agency or
by or in connection with any project or properties which it may construct,
acquire, own, operate, or control or with respect to which it may have any
interest or any right to the products and services thereof as it may deem
necessary, proper, desirable or reasonable. Rents, rates, and other charges
shall be at least sufficient to meet the operation, maintenance and other
expenses thereof, including reasonable reserves, interest, and principal
payments, including payments into one or more sinking funds for the retirement
of principal. A municipal natural gas agency may pledge its rates, rents, and
other revenue, or any part thereof, as security for the repayment, with
interest and premium, if any, of any moneys borrowed by it or advanced
to it for any of its authorized purposes and as security for the payment
of amounts due and owing by it under any contract.
(Source: P.A. 84-1221.)
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(65 ILCS 5/11-119.2-9) (from Ch. 24, par. 11-119.2-9)
Sec. 11-119.2-9.
A.
In order to accomplish the purposes of this Division,
a municipality may enter into and carry out contracts and agreements for
the purchase from a municipal natural gas agency of natural gas and natural
gas transmission
services, natural gas supply development services and other services.
(1) Each such contract and agreement shall be for a period not to exceed
50 years and shall contain such other terms, conditions and provisions,
not inconsistent with the provisions of this Division, as the governing
body of such municipality shall approve, including, without limitation,
provisions whereby the municipality is obligated to pay for the products
and services of a municipal natural gas agency without set-off or counterclaim
and irrespective of whether such products or services are furnished, made
available or delivered to the municipality or whether any project contemplated
by any such contract and agreement is completed, operable or operating,
and notwithstanding suspension, interruption, interference, reduction or
curtailment of the products and services of such project.
(2) Each such contract and agreement may be pledged by such municipal
natural gas agency to secure its obligations and may provide that if one or more
municipalities defaults in the payment of its obligations under such contract
and agreement, the remaining municipalities having such contracts and agreements
shall be required to pay for and shall be entitled proportionately to use
or otherwise dispose of the products and services which were to be purchased
by the defaulting municipality.
(3) Each such contract and agreement shall be a limited obligation of
a municipality payable from and secured by a pledge of, and lien and charge
upon, all or any part of the revenues derived or to be derived from the
ownership and operation of its natural gas system as an expense of
operation and maintenance thereof, and shall not constitute an indebtedness
of such municipality for the purpose of any statutory limitation.
(4) Nothing in this Division shall be construed to preclude a municipality
from appropriating and using taxes and other revenues received in any year
to make payments due or to comply with covenants to be performed during
that year under any contract or agreement for a term of years entered into
as contemplated in this Division, subject to the provisions of laws regarding
local financing.
B. Any such contract or agreement may include provisions for requirements
purchases, restraints on resale or other dealings, exclusive dealing, pricing,
territorial division, and other conduct or arrangements which may have an
anti-competitive effect.
(Source: P.A. 84-1221.)
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(65 ILCS 5/11-119.2-10) (from Ch. 24, par. 11-119.2-10)
Sec. 11-119.2-10.
Notwithstanding any other law to the contrary, the
State of Illinois and all its public officers, governmental units, agencies and
instrumentalities, all banks, trust companies, savings banks and institutions,
building and loan associations, savings and loan associations, investment
companies, and others carrying on a banking business, all insurance
companies, insurance associations and others carrying on any insurance
business, and all executors, administrators, guardians, trustees and other
fiduciaries may legally invest any sinking funds, money, or other funds
belonging to them or within their control in any bonds issued pursuant to
this Division and the bonds shall be authorized security for any and all
public deposits.
(Source: P.A. 84-1221.)
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(65 ILCS 5/11-119.2-11) (from Ch. 24, par. 11-119.2-11)
Sec. 11-119.2-11.
A.
This Division shall be construed liberally to effectuate
its legislative intent and purpose, as complete and independent authority
for the performance of each and every act and thing authorized by this Division,
and all authority granted shall be broadly interpreted to effectuate this
intent and purpose and not as a limitation of powers. This Division is
expressly not a limit on any of the powers granted any unit of local government
of this State by constitution, statute, charter or otherwise, other than
when the unit of local government is acting expressly pursuant to this Division.
B. In the event of any conflict or inconsistency between this Division
and any other law or charter provision, the provisions of this Division shall prevail.
C. Any provision of this Division which may be determined by competent
authority to be prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof, and
any such prohibition or unenforceability in any jurisdiction shall not invalidate
or render unenforceable such provision in any other jurisdiction.
(Source: P.A. 84-1221.)
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(65 ILCS 5/Art 11 prec Div 120 heading)
TRANSPORTATION SYSTEMS
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(65 ILCS 5/Art. 11 Div. 120 heading) DIVISION 120.
TRANSPORTATION SYSTEM TAX
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(65 ILCS 5/11-120-1) (from Ch. 24, par. 11-120-1)
Sec. 11-120-1.
The corporate authorities of any city, village or incorporated town
may levy, annually, a tax of not to exceed .03% of the value, as
equalized or assessed by the Department of Revenue, on
all taxable property therein, to provide revenue for the purpose of
operating, maintaining and improving any local transportation system
owned and operated by such city, village or incorporated town. This tax
shall be in addition to all taxes authorized by law to be levied and
collected in the municipality and shall be in addition to the amount
authorized to be levied for general purposes as provided by Section
8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-120-2) (from Ch. 24, par. 11-120-2)
Sec. 11-120-2.
This Division 120 shall not be in force in any city,
village or incorporated town until the question of its adoption is
certified by the clerk and submitted to the electors of the city, village
or incorporated town and
approved by a majority of those voting on the question.
The question shall be in substantially the
following form:
Shall Division 120 of the IllinoisMunicipal Code permitting YESmunicipalities to levy an additionalannual tax of not to exceed .03% for the purpose of operating,maintaining and improving local NOtransportation systems be adopted?
If a majority of the votes cast on the question is in favor of
adopting this Division 120, such division shall be adopted. It shall be
in force in the adopting city, village or incorporated town for the
purpose of the fiscal years succeeding the year in which the election is
held.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 121 heading) DIVISION 121.
SUBWAY SYSTEM
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(65 ILCS 5/11-121-1) (from Ch. 24, par. 11-121-1)
Sec. 11-121-1.
Every municipality may construct or enter into contracts for
the construction of or to otherwise acquire in, under, upon, across, or
along the streets, alleys, and public places of the municipality, and in,
under, and upon any other property owned by the municipality or leased to
it for the purpose, subways for local transportation and other public
utility purposes and for any other municipal purpose. The term "subways" as
used in this Division 121, includes all tunnels, entrances, exits,
passageways, connections, approaches, inclines, elevators, stations, and
other structures, equipment, appliances, or appurtenant property,
appropriate to a system of such subways.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-121-2) (from Ch. 24, par. 11-121-2)
Sec. 11-121-2.
Every municipality may acquire in the manner provided for by
any law of eminent domain of this state, any real or personal property
necessary or convenient for the purpose of constructing and operating
subways, as provided in Section 11-121-1.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-121-3) (from Ch. 24, par. 11-121-3)
Sec. 11-121-3.
The cost of constructing or otherwise acquiring such
subways, or the property necessary or appropriate for the operation
thereof, or such part of that cost as may be just and reasonable, may be
levied in any municipality upon and collected from the property specially
benefited thereby, if any, in the manner provided by Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-121-4) (from Ch. 24, par. 11-121-4)
Sec. 11-121-4.
In order to defray the cost of such subways, or such
portion of the cost as may not be raised by special assessment, the
municipality may borrow money and issue its bonds or other obligations
therefor. Also it may use the available funds belonging to the
municipality, including the special funds accumulated from money received
by the municipality from street railroad companies and from the operation
of local transportation facilities within such municipality, including but
not limited to the operation of all subways owned by such municipality, and
accretions of interest thereon and principal thereof.
Furthermore, the municipality may borrow money for the purpose of paying
the cost of constructing such subways and of extending or improving such
subways and of any property and equipment useful therefor. To evidence the
obligation of the municipality to repay any money borrowed as aforesaid,
the municipality may, pursuant to ordinance adopted by the corporate
authorities, from time to time, issue and dispose of its interest bearing
revenue bonds or certificates and may also, from time to time, issue and
dispose of its interest bearing revenue bonds or certificates to refund any
revenue bonds or certificates at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of the holders
thereof. All such revenue bonds and certificates shall be payable solely
from the revenues or income to be derived by the municipality from the
operation of local transportation facilities within such municipality,
including but not limited to the operation of all subways owned by such
municipality, it being intended that the revenues or income from any or all
of such local transportation operations may be pledged for the payment of
any such revenue bonds and certificates.
The money to be received by such municipality as reimbursement for the
initial depreciated cost of furnishing and installing transportation
equipment in such subways as defined and required to be paid by the grantee
in any ordinance granting the right to operate transportation facilities in
such municipality may also be pledged for the payment of any such revenue
bonds or certificates and where the amount of such payments to be paid
monthly has been agreed upon by such municipality and such grantee prior to
the issuance of such bonds or certificates, the amount of such monthly
payments so pledged shall not be reduced until all such bonds or
certificates shall have been paid.
These bonds and certificates may bear such date or dates, may mature at
such time or times not exceeding 40 years from their respective dates, and
bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable
semiannually, may be in such form, and carry such registration privileges,
may be executed in such manner, may be payable in such place or places, may
be made subject to redemption in such manner and upon such terms with or
without premium as is stated on the face thereof, may be authenticated in
such manner and may contain such terms and covenants all as may be provided
in such ordinance. Notwithstanding the form or tenor thereof and in the
absence of an express recital on the face thereof that it is
non-negotiable, all such revenue bonds and certificates shall be negotiable
instruments. Pending the preparation and execution of any such revenue
bonds or certificates, temporary bonds or certificates may be issued with
or without interest coupons as may be provided by ordinance.
These revenue bonds or certificates may be issued without submission
thereof to the electors of the municipality for approval.
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 5/11-121-5) (from Ch. 24, par. 11-121-5)
Sec. 11-121-5.
To secure the payment of any or all of such revenue bonds or
certificates and for the purpose of setting forth the covenants and
undertakings of the municipality in connection with the issuance thereof,
and the issuance of any additional revenue bonds or certificates payable
from such revenues or income, as well as the use and application of the
revenues or income to be derived from the operation of local transportation
facilities within such municipality, including but not limited to the
operation of all subways owned by such municipality, the municipality may
execute and deliver a trust agreement or agreements or all such covenants
and undertakings to secure the payment of the bonds or certificates may be
included in the ordinance authorizing the bonds or certificates. However,
no lien upon any physical property of the municipality shall be created
thereby. A remedy for any breach or default of the terms of any such trust
agreement or ordinance by the municipality may be by mandamus proceedings
in any court of competent jurisdiction to compel performance and compliance
therewith, but the trust agreement or ordinance may prescribe by whom or
upon whose behalf such action may be instituted. Under no circumstances
shall any revenue bonds or certificates issued by the municipality
hereunder be or become an indebtedness or obligation of the municipality
within the purview of any constitutional limitation or provision. It shall
be plainly stated on the face of each revenue bond and certificate that it
does not constitute such an indebtedness or obligation, but is payable
solely from the revenues or income as aforesaid.
In case any officer whose signature appears on any bond or certificate
or interest coupon, issued under this Division 121 ceases to hold his
office before delivery thereof, his signature shall be valid and sufficient
for all purposes with the same effect as if he had remained in office until
delivery thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-121-6) (from Ch. 24, par. 11-121-6)
Sec. 11-121-6.
Without any petition or consent of any property owner, a
municipality has the power to lay down and construct in such subways,
railroad and street railway tracks and all necessary appurtenances and
operate the same for transportation purposes. Likewise, without any
petition or consent of any property owner, but subject to the provisions of
Section 11-121-7, a municipality may lease, consent to, permit, or grant
the use of such subways, or portions thereof, for transportation purposes,
including the right to pay down, construct, and operate railroad and street
railway tracks therein, to any political subdivision, municipal corporation
or public authority of this state authorized to construct and operate
transportation facilities or to any railroad or street railway or other
local transportation corporation upon such terms and conditions as the
corporate authorities of the municipality by ordinance shall prescribe and
for such duration of time as may be authorized by any law of this state
governing the grant of permits for local transportation purposes in the
streets of the municipality. The municipality may also use the subways or
lease or permit the use of the subways for transportation facilities other
than railroads and street railways, and to the extent that the subways are
not used for transportation purposes, the municipality may use the subways,
or lease or permit the use of the subways, for the purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-121-7) (from Ch. 24, par. 11-121-7)
Sec. 11-121-7.
No ordinance of any municipality granting any lease
of, or consent, permit, or right to use such subways for local
transportation purposes 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. The
municipal clerk shall promptly certify such ordinance and 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 thecity council (or board of trustees)of (name of municipality) on YES(insert date), entitled ....,which grants to (name of grantee) a lease of (or consent, permit, orright to use, as the case may be) NOof the municipally owned subwaystherein specified, for localtransportation purposes, be approved?
However, when any municipality by ordinance grants a permit to
construct and operate or maintain and operate a local transportation
system, including the use of municipally owned subways, and that
ordinance is submitted to and approved on a referendum, it is not
necessary to pass or to submit to a referendum a separate ordinance
granting a lease of or consent, permission, or right for the use of
those subways.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/11-121-8) (from Ch. 24, par. 11-121-8)
Sec. 11-121-8.
In this section, the term "public utility structures and
appliances" includes lines of a street railroad or other railroad, or both,
and the property used to supply or deal in gas, electricity, lighting,
water, heating, refrigerating, power, telephone, telegraph, and other
public utilities, and any conduits, pipes, wires, poles, or other
properties used for the specified purposes or any of them.
Every municipality has the power to require persons owning or operating
public utility structures and appliances in, upon, under, over, across, or
along the streets, alleys, or public places of the municipality in which it
is proposed to construct subways, (1) to remove these public utility
structures and appliances from their locations in the streets, alleys, or
public places, and (2) to relocate them in such places in the subways or
elsewhere in the streets, alleys, or public places of the municipality as
may be designated by the municipality, either temporarily or for the
remainder of the period of the grant, license, or franchise which the
specified persons have to occupy the streets, alleys, and public places for
public utility purposes. If any person owning or operating public utility
structures and appliances fails or refuses so to remove or relocate them,
the municipality may remove or relocate them.
However, the power of the municipality to so remove or relocate public
utility structures and appliances itself, or to require persons owning or
operating public utility structures and appliances to so remove or relocate
them, shall be exercised only upon such terms and conditions as the
municipality and these persons may agree upon, or in default of such an
agreement, upon such fair and reasonable terms and conditions as the
municipality may prescribe. These terms and conditions may include fair and
reasonable provisions as to how much, if any, of the expense of the
removal, or relocation, shall be paid by the owners or operators of public
utility structures and appliances, respectively, and as to what
compensation, if any, shall be paid to the municipality by the owners or
operators of public utility structures and appliances, respectively, for
the use or occupation of such space, if any, as they may use or occupy in
the subways.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-121-9) (from Ch. 24, par. 11-121-9)
Sec. 11-121-9.
If, within the period of limitations of actions provided in
such cases, owners of land abutting or fronting upon any street, alley, or
public place in which a subway has been constructed commence actions to
recover any damage by reason of the construction, maintenance, or operation
of subways under this Division 121, the clerk of the court in which the
proceedings are brought shall make up a special trial calendar of all such
cases, and the court thereupon shall designate an early time
for the hearing thereof. Such cases shall have priority in hearing and
determination over all other civil proceedings pending in that court,
except election contests.
(Source: P.A. 83-334.)
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(65 ILCS 5/Art. 11 Div. 122 heading) DIVISION 122.
STREET RAILWAYS
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(65 ILCS 5/11-122-1) (from Ch. 24, par. 11-122-1)
Sec. 11-122-1.
Subject to the provisions of Section 11-122-6, every city
may own, construct, acquire, purchase, maintain, and operate street
railways within its corporate limits. For the purpose of this Division 122
the expression "street railways" includes railways above, on, or below the
surface of the city streets. But no city shall proceed to operate street
railways unless the proposition to operate is first submitted to the
electors of the city as a separate proposition and approved by three-fifths
of those voting thereon.
The city council of any city that decides by popular vote, as provided
in this Division 122, to operate street railways, has the power to make all
needful rules and regulations respecting the operation thereof, including
the power to fix and prescribe rates and charges. But these rates and
charges shall be high enough (1) to produce a revenue sufficient to bear
all costs of maintenance and operation, (2) to meet interest charges on all
bonds or certificates issued on account of these railways, and (3) to
permit the accumulation of a surplus or sinking fund sufficient to meet all
such outstanding bonds or certificates at maturity. Street railways owned
and operated by such a city, or owned by the city and leased for operating
purposes to a private company, may carry passengers and their ordinary
baggage, parcels, packages, and United States mail, and may be utilized for
such other purposes as the city council of the city may deem proper. Such
street railways may be operated by such motive power as the city council
may approve, except steam locomotives.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-122-2) (from Ch. 24, par. 11-122-2)
Sec. 11-122-2.
Subject to the provisions of Section 11-122-6, every city
may lease street railways, or any part thereof, owned by the city to any
company incorporated under the laws of this state for the purpose of
operating street railways for any period, not longer than 20 years, on such
terms and conditions as the city council deems for the best interests of
the public.
Such a city has the power to incorporate in any grant of the right to
construct or operate street railways a reservation of the right on the part
of the city to take over all or part of those street railways, at or before
the expiration of the grant, upon such terms and conditions as may be
provided in the grant. The city also has the power to provide in such a
grant that in case the reserved right is not exercised by the city and the
city grants a right to another company to operate a street railway in the
streets or part of the streets occupied by its grantee under the former
grant, the new grantee shall purchase and take over the street railways of
the former grantee upon the terms that the city might have taken them over.
The city council of the city has the power to make a grant, containing such
a reservation, for either the construction or operation or both the
construction and operation of a street railway in, upon, and along any of
the streets or public ways therein, or portions thereof, in which street
railway tracks are already located at the time of the making of the grant,
without the petition or consent of any of the owners of the land abutting
or fronting upon any street or public way, or portion thereof, covered by
the grant.
No ordinance authorizing a lease for a longer period than 5 years, nor
any ordinance renewing any lease, shall go into effect until the expiration
of 30 days from and after its publication. The ordinance
shall be published in a newspaper of general circulation in the city. 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 authorizing the lease of a street railway for a period longer
than 5 years 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 city clerk shall provide a petition form to any individual requesting
one. And if, within that 30 days, there is filed with the city clerk a
petition signed by voters in the municipality equal to 10% or more of the
registered voters in the municipality, asking that
the ordinance be submitted to a popular vote, the ordinance shall not go
into effect unless the question of its adoption is first submitted to the
electors of the city and approved by a majority of those voting thereon.
The signatures to the petition need not all be on one paper but each
signer shall add to his signature, which shall be in his own handwriting,
his place of residence, giving the street and number. One of the signers of
each such paper shall make oath before an officer competent to administer
oaths, that each signature on the paper is the genuine signature of the
person whose name it purports to be.
In case of the leasing by any city of any street railway owned by it,
the rental reserved shall be based on both the actual value of the tangible
property and of the franchise contained in the lease, and the rental shall
not be less than a sufficient sum to meet the annual interest upon all
outstanding bonds or street railway certificates issued by the city on
account of that street railway.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-122-3) (from Ch. 24, par. 11-122-3)
Sec. 11-122-3.
For the purpose of acquiring street railways either by
purchase or construction, as provided for in this Division 122, or for the
equipment of any such street railways, any city may borrow money and issue
its negotiable bonds therefor, pledging the faith and credit of the city.
But no such bonds shall be issued unless the proposition to issue the bonds
is first submitted to the electors of the city and approved by two-thirds
of those voting thereon, nor shall the bonds be issued in an amount in
excess of the cost to the city of the property for which the bonds are
issued, ascertained as provided in this Division 122, and 10% of that cost
in addition thereto.
In the exercise of the powers, or any of them, granted by this Division
122, a city has the power to acquire, take, and hold all necessary
property, real, personal, or mixed, for the purposes specified in this
Division 122, either by purchase or condemnation in the manner provided by
law for the taking and condemning of private property for public use.
However, in no valuation of street railway property for the purpose of any
such acquisition, except of street railways now operated under existing
franchises, shall any sum be included as the value of any earning power of
that property or of the unexpired portion of any franchise granted by the
city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-122-4) (from Ch. 24, par. 11-122-4)
Sec. 11-122-4.
In lieu of issuing bonds pledging the faith and credit of
the city, as provided for in Section 11-122-3, any city may issue and
dispose of interest bearing certificates, to be known as "street railway
certificates," which, under no circumstances, shall be or become an
obligation or liability of the city or payable out of any general fund
thereof, but shall be payable solely out of a specified portion of the
income to be derived from the street railway property for the acquisition
of which they were issued. These certificates shall not be issued and
secured by any street railway property in an amount in excess of the cost
to the city of that property, as provided in this Division 122, and 10% of
that cost in addition thereto.
In order to secure the payment of these street railway certificates and
the interest thereon, the city may convey, by way of mortgage or deed of
trust, any or all of the street railway property acquired or to be acquired
through the issuance thereof. This mortgage or deed of trust shall be
executed in such manner as may be directed by the city council and
acknowledged and recorded in the manner provided by law for the
acknowledgment and recording of mortgages of real estate, and may contain
such provisions and conditions not in conflict with the provisions of this
Division 122 as may be deemed necessary to fully secure the payment of the
street railway certificates described therein. The mortgage or deed of
trust may contain the grant of a privilege or right to maintain and operate
the street railway property covered thereby, for a period not exceeding 20
years from the date that that property may come into the possession of any
person as the result of foreclosure proceedings. This privilege or right
may fix the rates of fare which the person securing the privilege or right
as the result of foreclosure proceedings shall be entitled to charge in the
operation of the property for a period not exceeding 20 years.
Whenever, and as often as, default is made in the payment of any street
railway certificate issued and secured by a mortgage or deed of trust, as
provided in this section, or in the payment of the interest thereon when
due, and that default has continued for the space of 12 months, after
notice thereof has been given to the mayor and the financial officer of the
city issuing the certificates, it is lawful for the mortgagee or trustee,
upon the request of the holders of a majority in amount of the certificates
issued and outstanding under the mortgage or deed of trust, to declare the
whole of the principal of all such certificates as may be outstanding, to
be at once due and payable, and to proceed to foreclose the mortgage or
deed of trust in any court of competent jurisdiction.
At a foreclosure sale, the mortgagee, or trustee, or the holders of the
certificates may become the purchaser or purchasers of the property and the
rights and privileges sold, if he or they be the highest bidders. Any
street railway acquired under such a foreclosure shall be subject to
regulation by the corporate authorities of the city to the same extent as
if the right to construct, maintain, and operate that property had been
acquired through a direct grant without the intervention of foreclosure
proceedings.
However, no street railway certificates, mortgage, or deed of trust
shall ever be issued by any city under the provisions of this Division 122
until the question of the adoption of the ordinance making provision for
the issuance thereof has been submitted to a popular vote and approved by a
majority of the electors of the city voting upon that question.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-122-5) (from Ch. 24, par. 11-122-5)
Sec. 11-122-5. Every city owning, or owning and operating, street railways,
shall keep the books of account for these street railways distinct from
other city accounts and in such manner as to show the true and complete
financial results of the city ownership, or ownership and operation, as the
case may be. These accounts shall be so kept as to show: (1) the actual
cost to the city of street railways owned, (2) all costs of maintenance,
extension, and improvement, (3) all operating expenses of every
description, in case of city operation, (4) the amount set aside for
sinking fund purposes, (5) if water or other service is furnished for the
use of the street railways without charge, as nearly as possible, the value
of this service, and also the value of any similar service rendered by the
street railways to any other city department without charge, (6) reasonable
allowances for interest, depreciation, and insurance, and (7) estimates of
the amount of taxes that would be chargeable against the property if owned
by a private corporation. The city council shall print annually for public
distribution, a report showing the financial results, in the form specified
in this section, of the city ownership, or ownership and operation.
The accounts of those street railways, shall be examined at least once a
year by a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act, who shall report to the city council the
results of his examination. This accountant shall be selected in
such manner as the city council may direct, and he shall receive for his
services such compensation, to be paid out of the income from those street
railways, as the city council may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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(65 ILCS 5/11-122-6) (from Ch. 24, par. 11-122-6)
Sec. 11-122-6.
This Division 122 shall be in force in every city in which
"An Act to authorize cities to acquire, construct, own, operate and lease
street railways, to provide the means therefor, and to provide for the
discontinuance of such operation and ownership," approved May 18, 1903, as
amended, has been heretofore adopted and was in force immediately prior to
January 1, 1942. This Division 122 shall not be in force in any other city
until the question of its adoption in such other city has been submitted to
the electors of the city and approved by a majority of those voting
thereon.
If the city council in any city has heretofore incorporated or hereafter
incorporates in any grant to a private company of the right to construct or
operate street railways a provision reserving to the city the right to take
over the street railways at or before the expiration of the grant, in case
the city later adopted "An Act to authorize cities to acquire, construct,
own, operate and lease street railways, to provide the means therefor, and
to provide for the discontinuance of such operation and ownership,"
approved May 18, 1903, as amended, or adopts this Division 122, as the case
may be, that provision shall be as valid and effective for all purposes, in
case the city later adopts this Division 122 as provided in this section,
as if the provision were made a part of a grant after the adoption of this
Division 122 by the city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-122-7) (from Ch. 24, par. 11-122-7)
Sec. 11-122-7.
In all cases provided in Sections 11-122-1 through
11-122-6 for the submission of questions or propositions to popular
vote, the city council shall pass an ordinance stating the substance of
the proposition or question to be voted upon and designating the
election at which the question or proposition is to be submitted.
The city clerk of the city shall promptly certify the ordinance and the
proposition for submission at an election in accordance with the general election law.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-122-8) (from Ch. 24, par. 11-122-8)
Sec. 11-122-8.
Any city having a population of less than 500,000
which has constructed, acquired, or purchased street railways under "An
Act to authorize cities to acquire, construct, own, operate and lease
street railways, to provide the means therefor, and to provide for the
discontinuance of such operation and ownership," approved May 18, 1903,
as amended, or under this Division 122, by ordinance of the city council
may provide for the discontinuance of their operation and maintenance
and may provide for the sale or disposal, in such manner as the city
council may determine, of the property and equipment so constructed,
acquired, or purchased.
This ordinance shall not become effective until the question of its
adoption is certified by the clerk and submitted to a referendum vote
of the electors of the city at an election designated in the ordinance.
At that election, the ordinance shall be submitted without alteration to
the vote of the electors of the city.
The question
shall be in substantially the following form:
Shall the ordinance (stating YESthe nature of the proposed ordinance) be adopted? NO
If a majority of the electors voting on the question of the adoption
of the proposed ordinance vote in favor thereof, the ordinance shall
thereupon become a valid and binding ordinance of the city.
Prior to the election upon this ordinance, the city clerk shall have
the ordinance published at least once in one or more newspapers
published in the city, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the city. This
publication shall be not more than 30 nor less than 15 days in advance
of the election.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-122-9) (from Ch. 24, par. 11-122-9)
Sec. 11-122-9.
Nothing contained in this Division 122 authorizes any city
to make any street railway grant, or to lease any street railway property,
for a period exceeding 20 years from the making of the grant or lease.
However, when a right to maintain and operate a street railway for a period
not exceeding 20 years is contained in a mortgage or deed of trust to
secure street railway certificates, and no such right shall be implied,
that period shall commence as provided in Section 11-122-4.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 122.1 heading) DIVISION 122.1.
CONTRACT FOR PRIVATELY OWNED
LOCAL TRANSPORTATION SYSTEM
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(65 ILCS 5/11-122.1-1) (from Ch. 24, par. 11-122.1-1)
Sec. 11-122.1-1.
Any municipality shall have power to contract for the
operation of a privately owned, local passenger transportation system or a
portion thereof within its corporate limits or within a radius of one-half
mile thereof upon terms satisfactory to it and to the owner of said system.
By such contract, the municipality may bind itself to pay to said owner and
operator such sums as may be sufficient, when added to the fares collected
from its patrons by the operator, to equal an agreed cost of said service,
which cost may include an allowance for depreciation and a reasonable sum
for operating and maintaining said transportation system or portion
thereof. Such contract shall provide that the municipality may fix the
fares to be charged and the service to be rendered by the operator; and a
municipality entering into such contract shall have exclusive jurisdiction
and control of rates of fare to be charged and service to be provided by
such contracting, owning and operating company for the transportation to be
provided pursuant to such contract. Upon the execution of such a contract
and within 10 days after its effective date the owner of the system shall
file 3 copies of such contract certified by the clerk of the municipal
corporation executing the same with the Illinois Commerce Commission and
shall cause public notice of such contract to be published in a newspaper
of general circulation in the area to be served pursuant to such contract.
Thereafter the Illinois Commerce Commission shall enter an order suspending
that portion of the operating rights of the owner of the system covered by
the provisions of such contract for the period covered by the contract.
Such order shall direct continued compliance by the owner of the system
with the provisions of Sections 55a and 55b of "An Act concerning public
utilities", approved June 29, 1921, as amended.
(Source: Laws 1965, p. 2850.)
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(65 ILCS 5/11-122.1-2) (from Ch. 24, par. 11-122.1-2)
Sec. 11-122.1-2.
Any municipality may contract for the operation of privately owned,
local passenger transportation system or a portion thereof within its
corporate limits or within a radius of one-half mile thereof upon terms
satisfactory to it and to the owner of such system. By the contract, the
municipality may bind itself to pay to the owner and operator such sums as
may be agreed upon by the municipality.
(Source: P.A. 76-100.)
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(65 ILCS 5/11-122.1-3) (from Ch. 24, par. 11-122.1-3)
Sec. 11-122.1-3.
Any municipality may lease, sell or purchase, on the installment basis
or otherwise, real or personal property for use by such system.
(Source: P.A. 76-100.)
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(65 ILCS 5/11-122.1-4) (from Ch. 24, par. 11-122.1-4)
Sec. 11-122.1-4.
A municipality may apply for and accept loans, grants, services, or
other financial assistance from, and may participate in projects of, the
United States of America, or any agency or instrumentality thereof, under
the Federal "Urban Mass Transportation Act of 1964", as now or hereafter
amended, or similar Federal mass transportation acts, and may enter into
and carry out contracts in connection therewith.
This Section applies to any contract which is otherwise valid and made
for the purposes authorized in this Section, even though the contract was
executed before the effective date of this amendatory Act of 1969 or the
municipality made no appropriation for the contract before it was executed
either before or after the effective date of this amendatory Act.
(Source: P.A. 76-100.)
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(65 ILCS 5/Art. 11 Div. 122.2 heading) DIVISION 122.2.
REGIONAL TRANSPORTATION AUTHORITY
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(65 ILCS 5/11-122.2-1) (from Ch. 24, par. 11-122.2-1)
Sec. 11-122.2-1.
In addition to all its other powers, every municipality shall, in all
its dealings with the Regional Transportation Authority established by
the "Regional Transportation Authority Act", enacted by the 78th General
Assembly, have the following powers:
(a) to cooperate with the Regional Transportation Authority in the
exercise by the Regional Transportation Authority of all the powers
granted it by the Act;
(b) to receive funds from the Regional Transportation
Authority upon such terms and conditions as shall be set forth in an agreement
between the
municipality and the Suburban Bus Board or the Commuter Rail Board, which contract
or agreement may be for such number of years or duration as they may
agree, all as provided in the
"Regional Transportation Authority Act";
(c) to receive financial grants from a Service Board, as defined in
the "Regional Transportation Authority Act", upon such terms and conditions
as shall be set forth in a Purchase of Service Agreement or other grant
contract between the municipality and the Service Board, which contract
or agreement may be for such number of years or duration as the Service Board and the
municipality may agree, all as provided in the "Regional Transportation
Authority Act";
(d) to acquire from the Regional Transportation Authority
or a Service Board any Public
Transportation Facility, as defined in the "Regional Transportation
Authority Act", by purchase contract, gift, grant, exchange for other
property or rights in property, lease (or sublease) or installment or
conditional purchase contracts, which contracts or leases may provide
for consideration to be paid in annual installments during a period not
exceeding 40 years; such property may be acquired subject to such
conditions, restrictions, liens or security or other interests of other
parties as the municipality may deem appropriate and in each case the
municipality may acquire a joint, leasehold, easement, license or other
partial interest in such property;
(e) to sell, sell by installment contract, lease (or sublease)
as lessor, or transfer to, or grant to or provide for the use by the Regional
Transportation Authority or a Service Board any Public Transportation
Facility, as defined in the "Regional Transportation Authority Act" upon such terms
and for such consideration, or for no consideration, as the municipality
may deem proper;
(f) to cooperate with the Regional Transportation Authority
or a Service Board for the
protection of employees and users of public transportation facilities
against crime and also to protect such facilities; such cooperation may
include, without limitation, agreements for the coordination of police
or security forces;
(g) to file such reports with and transfer such records, papers or
documents to the Regional Transportation Authority or a Service Board
as may be agreed upon
with, or required by, the Regional Transportation Authority or a Service Board.
In exercising any of the powers granted in this Section the
municipality shall not be subject to the provisions of this Code or any
Act making public bidding or notice a requirement for any purchase or
sale by a municipality. Notwithstanding any provision of this Code to
the contrary, every municipality may enter into Purchase of Service
Agreements, grant contracts, other contracts, agreements or leases, as
provided in this Section, and may incur obligations and expenses
thereunder without making a previous appropriation therefor.
(Source: P.A. 83-886.)
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(65 ILCS 5/Art 11 prec Div 123 heading)
HARBORS AND TERMINALS
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(65 ILCS 5/Art. 11 Div. 123 heading) DIVISION 123.
HARBOR AND TERMINAL FACILITIES
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(65 ILCS 5/11-123-1) (from Ch. 24, par. 11-123-1)
Sec. 11-123-1.
The term "utility," as used in this Division 123 means and
includes: (1) harbors, canals, slips, wharves, docks, levees, piers, quay
walls, breakwaters, and all appropriate harbor structures, facilities,
connections, and improvements; and (2) such elevators, vaults, warehouses,
including cold storage warehouses which may be acquired, owned, maintained,
or operated in connection therewith, as necessary adjuncts or incidental to
transportation or railroad terminals; and (3) all other necessary or
appropriate terminal facilities.
The term "artificially made or reclaimed land," as used in this Division
123, 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 contrary to law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-2) (from Ch. 24, par. 11-123-2)
Sec. 11-123-2.
Every city and village may acquire, own, construct,
maintain, and operate utilities anywhere within the jurisdiction or
corporate limits of the city or village, or in, over, and upon public
waters bordering thereon.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-3) (from Ch. 24, par. 11-123-3)
Sec. 11-123-3.
Every city or village with only a river water frontage may
acquire, own, construct, maintain, and operate railroad terminal
facilities, tracks, and connections, necessary or appropriate to connect a
utility with any railroad or interurban railroad entering the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-4) (from Ch. 24, par. 11-123-4)
Sec. 11-123-4. Every city and village for the purpose of carrying out the
powers granted in this Division 123, may acquire by purchase, gift, or
condemnation, any property necessary or appropriate for any of the purposes
enumerated in this Division 123. In all cases where property is acquired or
sought to be acquired by condemnation, the procedure shall be, as nearly as
may be, like that provided for the exercise of
the right of eminent domain under the Eminent Domain Act. Nothing in this Section limits the power of a
municipality to acquire by grant from the state submerged land or
artificially made or reclaimed land as provided in Section 11-123-9.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-123-5) (from Ch. 24, par. 11-123-5)
Sec. 11-123-5.
Every city and village may use, occupy, and reclaim such
submerged land under the public waters of the state within the corporate
limits or jurisdiction of, or bordering on the municipality, as may be
necessary or appropriate for any of the purposes enumerated in this
Division 123. The power granted in this section is superior to and takes
precedence over any similar power heretofore granted to any person, other
than a city or village, in so far as that similar power has not been
exercised at the time when a city or village by ordinance, as to land
therein particularly described, determines to exercise the power granted in
this section.
Except as otherwise provided in this Code or in any other law of this
state, no person or corporation, private, public, or municipal, other than
a city or village, shall hereafter construct a utility over and upon such
submerged lands within the limits or jurisdiction of any such city or
village, or over or upon any public waters bordering thereon, without first
securing the consent of the corporate authorities of such city or village.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-6) (from Ch. 24, par. 11-123-6)
Sec. 11-123-6.
Every city and village may take possession of, use, and
occupy any artificially made or reclaimed land (1) which before the
artificial making or reclamation thereof constituted a portion of the
submerged land under the public waters of the State of Illinois, and (2)
which lies within the corporate limits or jurisdiction of or borders on the
municipality, and (3) the title to which is in the State of Illinois, when
the land is declared by an ordinance of the municipality particularly
describing it to be necessary or appropriate for any of the purposes
enumerated in this Division 123.
Every city and village has the power to bring and maintain all necessary
suits, actions, or proceedings, in its corporate name, against any person
for the recovery of the possession of such artificially made or reclaimed
land. This land, when so acquired, shall be held, used, and occupied by the
city or village subject to the conditions stated in this Division 123.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-7) (from Ch. 24, par. 11-123-7)
Sec. 11-123-7.
Every city and village may take possession of, use, and
occupy any artificially made or reclaimed land specified in Section
11-123-6, when the land is declared by an ordinance of the municipality
particularly describing it to be necessary or appropriate for approaches to
or connections with a utility.
Every city and village may establish, widen, extend, grade, pave, and
otherwise improve such approaches or connections over and upon such
artificially made or reclaimed land and to vacate all or any part of the
approaches or connections.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-8) (from Ch. 24, par. 11-123-8)
Sec. 11-123-8.
Every city and village may acquire the land, whether of
natural or artificial formation, property, and property rights, including
riparian rights, of any owner or claimant, other than a city or village, on
the shores of public waters in, upon, or near which it is proposed to
construct any utility.
Every city and village may also acquire the title of such an owner or
claimant to the land lying beneath, adjacent to or adjoining the specified
public waters, without other compensation, by agreeing with the owner or
claimant upon a boundary line dividing the land, whether of natural or
artificial formation, to be acquired by the municipality, and the adjacent,
adjoining, submerged, or other land, whether of natural or artificial
formation, to be taken and acquired by the owner or claimant. The rights
and property to be taken and acquired, respectively, by the city or village
and by the owner or claimant, shall be specifically described and set forth
in the judgment to be entered by the court as provided in Section 11-123-9.
(Source: P.A. 79-1361.)
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(65 ILCS 5/11-123-9) (from Ch. 24, par. 11-123-9)
Sec. 11-123-9.
When any city or village and the owner or claimant
have agreed upon a boundary line as provided in Section 11-123-8, the
city or village shall commence a civil action in the circuit court of
the county in which the land is situated, praying that the boundary line
be established and confirmed by judgment of the court. All persons
interested in the land as owners or otherwise, who appear of record, if
known, or if not known, upon stating the fact, shall be made parties
defendant. Interested persons whose names are unknown may be made
parties defendant by the description of unknown owners, but in all cases
an affidavit shall be filed by or on behalf of the municipality, setting
forth that the names of these persons are unknown.
The municipality shall publish notice of the commencement of the
action once a week for 3 consecutive weeks, 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 notices shall
contain the title of the action and the return day at which the
defendants are to appear, and the last of the notices shall be published
not less than 10 nor more than 20 days before the return day. The
defendants who do not enter their appearances shall be served with
process and the proceedings in the action shall be conducted in the same
manner as provided by the Civil Practice Law, as heretofore and
hereafter amended and the Supreme Court Rules, now or hereafter
adopted, in relation to that Law, except as otherwise provided in this
Division 123.
If upon a hearing the court finds that the rights and interests of
the public have been duly conserved by the agreement, the court shall
confirm the agreement and establish the boundary line. Otherwise the
court, in its discretion, shall dismiss the suit. If the boundary line
agreed upon is so established and confirmed by a court judgment, it
shall be the permanent boundary line thereafter and shall not be
affected either by accretion or erosion.
The establishment of such a boundary line operates as a conveyance
and release to the municipality of all the right, title, and interest of
owners to all land, property, and property rights, including riparian
rights, lying upon the outer or water side of the boundary line. The
municipality is hereby granted by the State of Illinois the title to all
land, property, and property rights, including riparian rights, lying
upon the outer or water side of the boundary line when so established.
The owners of the shore land are hereby granted by the State of Illinois
the title to the adjacent, adjoining, submerged, or other land, whether
of natural or artificial formation, as specifically and particularly
described in the court judgment, lying upon the inner or land side of
the boundary line when so established. These owners may fill in,
improve, protect, and use, sell, and convey this land lying upon the
inner or land side of the boundary line free from any adverse claim in
any way arising out of any question as to where the shore line was at
any time in the past, or as to the title to any existing accretions.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-123-10) (from Ch. 24, par. 11-123-10)
Sec. 11-123-10.
Every city or village may occupy, hold, and use any land
acquired by the municipality under this Division 123 or under any act providing
for harbor construction. A specified municipality may occupy, hold, and
use any submerged land of the State of Illinois filled in or reclaimed by
the municipality in connection with or in construction of a utility for
the uses and purposes provided for in this Division 123. A specified municipality
may lease any of this land for a period not longer than 50 years to any
person upon such terms and conditions as are prescribed by ordinance, but
the ordinance shall provide that the rental value of the land shall be revalued
near the end of each 10 years of the rental period and that the rental for
the ensuing 10 years shall be adjusted and fixed in accordance with that evaluation.
Before such a lease becomes effective, it shall be approved in writing
by the Secretary of Transportation of the state, and, in case of approval, it
shall be authenticated by the seal of that department.
All money received by a specified municipality from the lease of land forming
a part of any harbor development shall be credited to a fund entitled the
harbor fund of that particular harbor development. All money expended by
the municipality for any purpose in relation to that land or in relation
to the construction and maintenance of any utility, may be charged to the
harbor fund, and that fund shall be used for no other purpose.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-123-11) (from Ch. 24, par. 11-123-11)
Sec. 11-123-11.
Every city or village may levy and collect in each of 4 consecutive
years a tax of .0125% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property therein,
for the current year. This tax shall be in addition to all taxes
authorized by law to be levied and collected in that municipality. The
proceeds of this additional tax shall be used for harbor construction
purposes only and shall be credited to the harbor fund for that
particular harbor development.
The foregoing limitation upon tax rate in cities and villages of less
than 1,000,000 population 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 5/11-123-12) (from Ch. 24, par. 11-123-12)
Sec. 11-123-12.
Any city or village may lease any part or all of any
utility owned by it in the manner and subject to the limitations provided
in Sections 11-76-1 and 11-76-2.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-13) (from Ch. 24, par. 11-123-13)
Sec. 11-123-13.
Every city and village may locate and establish dock lines
and harbor lines in the public waters or rivers within the limits or
jurisdiction of, or bordering on the city or village.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-14) (from Ch. 24, par. 11-123-14)
Sec. 11-123-14. Every city and village owning and operating, or owning and
leasing any portion of a utility, shall keep the accounts for the utilities
separate and distinct from other municipal accounts and in such manner as
to show the true and complete financial standing and results of the
municipal ownership and operation or of the municipal ownership and
leasing, as the case may be. These accounts shall be so kept as to show:
(1) the actual cost of the municipality of the utilities owned; (2) all
costs of maintenance, extension, and improvement; (3) all operating
expenses of every description, in case of municipal operation, whether of
the whole or of a part of the utilities; (4) if water or other service is
furnished for the use of the utilities without charge, as nearly as
possible, the value of that service, and also the value of any service
rendered by the utilities to any reasonable allowances for interest,
depreciation, and other municipal department without charge; (5) insurance;
and (6) estimates of the amount of taxes that would be chargeable against
the utilities if owned by a private corporation. The corporate authorities
of the municipality shall have printed annually for public distribution, a
report showing the financial standing and results, in the form specified in
this section, of the municipal ownership and operation, or of municipal
ownership and leasing. This report shall be published 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 accounts of the utilities shall be examined at least once a year by
a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act, who shall report to the corporate authorities the
results of his examination. This accountant shall be selected in
such manner as the corporate authorities may direct, and he shall receive
for his services such compensation, to be paid out of the revenue from the
utilities, as the corporate authorities may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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(65 ILCS 5/11-123-15) (from Ch. 24, par. 11-123-15)
Sec. 11-123-15.
Every city and village has the power to use any portion of
a utility for public recreation purposes if, in the judgment of the
corporate authorities of the municipality, the utility can be used for
public recreation purposes without interfering with the use of the utility
for transportation purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-16) (from Ch. 24, par. 11-123-16)
Sec. 11-123-16.
In connection with the use of any portion of a utility for
recreation purposes, as specified in Section 11-123-15, every city and
village has the power to provide, by lease or contract, for the sale in or
on the utility of food, non-alcoholic drinks, and merchandise, and for the
giving in or on the utility of dances, concerts, exhibitions, and other
entertainments, and for check-room privileges incidental thereto. Upon
reasonable notice, however, such a lease or contract is terminable by the
municipality, either with or without compensation therefor as may be
therein stipulated, whenever in the judgment of the corporate authorities
of the municipality the transportation necessities make such termination
desirable. No such lease or contract shall be entered into for a period
exceeding 5 years except in conformity with the provisions of Section
11-123-12.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-17) (from Ch. 24, par. 11-123-17)
Sec. 11-123-17.
No portion of a utility, except a breakwater, shall be
constructed within one-half mile of any intake of water for public
consumption, and in constructing such a utility no ashes, cinders, or waste
shall be dumped into any public waters within 4 miles of any intake of
water for public consumption unless placed behind retaining bulkheads. This
section does not apply to any city or village whose water frontage is
exclusively on a river.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-18) (from Ch. 24, par. 11-123-18)
Sec. 11-123-18.
Every city and village by ordinance may authorize any
public or municipal corporation, other than a city or village, which is
authorized by law to construct or operate a utility, to construct and
operate a utility within the corporate limits or jurisdiction of, or
bordering on, the city or village, on such terms and conditions as may be
determined in the ordinance, and on such terms and conditions as may be
provided by law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-19) (from Ch. 24, par. 11-123-19)
Sec. 11-123-19.
Whenever any public or municipal corporation constructs a
utility under authority of Section 11-123-18, or any other law of the
state, within the corporate limits or jurisdiction of any city or village,
or in, over, or upon public waters bordering thereon, the city or village
has the power to purchase the utility on such terms and conditions as may
be provided by law, and in case no terms and conditions are provided by
law, then on such terms and conditions as may be agreed upon by the city or
village and the public or municipal corporation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-20) (from Ch. 24, par. 11-123-20)
Sec. 11-123-20.
Every city and village may cross by roadways or other
appropriate means, the ways, drives, boulevards, beaches, wharves, docks,
levees, piers, breakwaters, retaining walls, land, or submerged land of any
public or municipal corporation, other than a city or village, whenever the
crossing is declared by ordinance of the municipality to be necessary or
advantageous to the development and use of a utility.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-21) (from Ch. 24, par. 11-123-21)
Sec. 11-123-21.
Accretions or artificially made or reclaimed land, which
may be formed or added to any utility constructed under this Division 123
by a public or municipal corporation, other than a city or village, shall
not become the property of that public or municipal corporation, but shall
revert to and become the property of the city or village for the purposes
of this Division 123, subject to such disposition as the corporate
authorities of the city or village shall direct.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-22) (from Ch. 24, par. 11-123-22)
Sec. 11-123-22.
The powers granted by this Division 123 are subject to the
provisions of section 18 of "An Act in relation to the regulations 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 5/11-123-23) (from Ch. 24, par. 11-123-23)
Sec. 11-123-23.
Sections 11-123-1 through 11-123-22 shall not be considered
as impairing the provisions of "An Act to enable Park Commissioners having
control of a park or parks bordering upon public waters in this State, to
enlarge and connect the same from time to time by extensions over lands and
the bed of such waters, and defining the use which may be made of such
extensions, and granting lands for the purpose of such enlargements,"
approved May 14, 1903, as heretofore and hereafter amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-24) (from Ch. 24, par. 11-123-24)
Sec. 11-123-24.
For the purpose of widening, deepening, or otherwise
improving a river or harbor, a city or village may institute proceedings in
any court of record to condemn any land or right-of-way needed for that
purpose and to pay for the land or right-of-way by special assessment upon
the property specially benefited by the widening, deepening, or other
improvement of the river or harbor, or upon the public, or both, as the
case may be. The proceedings shall be instituted in the manner provided by
and in all respects under the provisions of Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 prec Div 124 heading)
WATER SUPPLY AND SEWAGE SYSTEMS
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(65 ILCS 5/Art. 11 Div. 124 heading)
DIVISION 124.
POWER TO CONTRACT FOR WATER SUPPLY
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(65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1)
Sec. 11-124-1. Contracts for supply of water.
(a) The corporate authorities of each municipality may contract
with any person, corporation, municipal corporation, political subdivision,
public water district or any other agency for a supply of water. Any such
contract entered into by a municipality shall provide that payments to be
made thereunder shall be solely from the revenues to be derived from the
operation of the waterworks system of the municipality, and the contract
shall be a continuing valid and binding obligation of the municipality
payable from the revenues derived from the operation of the waterworks
system of the municipality for the period of years, not to exceed 40, as may
be provided in such contract. Any such contract shall not be a debt within the
meaning of any constitutional or statutory limitation. No prior appropriation
shall be required before entering into such a contract and no appropriation
shall be required to authorize payments to be made under the terms of any
such contract notwithstanding any provision in this Code to the contrary.
(b) Payments to be made under any such contract shall be an
operation and
maintenance expense of the waterworks system of the municipality. Any such
contract made by a municipality for a supply of water may contain provisions
whereby the municipality is obligated to pay for such supply of water
without setoff or counterclaim and irrespective of whether such supply of
water is ever furnished, made available or delivered to the municipality or
whether any project for the supply of water contemplated by any such
contract is completed, operable or operating and notwithstanding
any suspension, interruption, interference, reduction or curtailment of the
supply of water from such project. Any such contract may provide that if
one or more of the other purchasers of water defaults in the payment of its
obligations under such contract or a similar contract made with the
supplier of the water, one or more of the remaining purchasers party to
such contract or such similar contract shall be required to pay for all or
a portion of the obligations of the defaulting purchasers.
(c) Payments to
be made under any such contract with a municipal joint action water
agency under the Intergovernmental Cooperation Act shall be an operation and
maintenance expense of the waterworks system of the municipality. Any such
contract made by a municipality for a supply of water with a municipal
joint action water agency under the provisions of the Intergovernmental
Cooperation Act may contain provisions
whereby the municipality is obligated to pay for such supply of water
without setoff or counterclaim and irrespective of whether such supply of
water is ever furnished, made available or delivered to the municipality or
whether any project for the supply of water contemplated by any such
contract is completed, operable or operating and notwithstanding
any suspension, interruption, interference, reduction or curtailment of the
supply of water from such project. Any such contract with a municipal
joint action water agency may provide that if
one or more of the other purchasers of water defaults in the payment of its
obligations under such contract or a similar contract made with the
supplier of the water, one or more of the remaining purchasers party to
such contract or such similar contract shall be required to pay for all or
a portion of the obligations of the defaulting purchasers.
The changes in this Section made by these amendatory Acts of 1984 are
intended to be declarative of existing law.
(d) A municipality with a water supply contract with a county
water commission organized pursuant to the Water Commission Act of 1985
shall provide water to unincorporated areas of that home county in accordance
with the terms of this subsection. The provision of water by the municipality
shall be in accordance with a mandate of the home county as provided
in Section 0.01 of the Water Commission Act of 1985.
A home rule unit may not provide water
in a manner that is inconsistent with the provisions of this
amendatory Act of the 93rd General Assembly. This subsection is a limitation
under subsection (i) of Section 6 of Article VII of the Illinois Constitution
on the concurrent exercise by home rule units of powers and functions exercised
by the State.
(Source: P.A. 95-331, eff. 8-21-07.)
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(65 ILCS 5/11-124-5)
Sec. 11-124-5. Acquisition of water systems by eminent domain. (a) In addition to other provisions providing for the acquisition of water systems or water works, whenever a public utility subject to the Public Utilities Act utilizes public property (including, but not limited to, right-of-way) of a municipality for the installation or maintenance of all or part of its water distribution system, the municipality has the right to exercise eminent domain to acquire all or part of the water system, in accordance with this Section. Unless it complies with the provisions set forth in this Section, a municipality is not permitted to acquire by eminent domain that portion of a system located in another incorporated municipality without agreement of that municipality, but this provision shall not prevent the acquisition of that portion of the water system existing within the acquiring municipality. (b) Where a water system that is owned by a public utility (as defined in the Public
Utilities Act) provides water to customers located in 2 or more municipalities, the system may be acquired by a majority of the municipalities by eminent domain. If the system is to be acquired by more than one municipality, then there must be an intergovernmental agreement in existence between the acquiring municipalities providing for the acquisition. (c) If a water system that is owned by a public utility provides water to customers located in one or more municipalities and also to customers in an unincorporated area and if at least 70% of the customers of the system or portion thereof are located within the municipality or municipalities, then the system, or portion thereof as determined by the corporate authorities, may be acquired, using eminent domain or otherwise, by either a municipality under subsection (a) or an entity created by agreement between municipalities where at least 70% of the customers reside. For the purposes of determining "customers of the system", only retail customers directly billed by the company shall be included in the computation. The number of customers of the system most recently reported to the Illinois Commerce Commission for any calendar year preceding the year a resolution is passed by a municipality or municipalities expressing preliminary intent to purchase the water system or portion thereof shall be presumed to be the total number of customers within the system. The public utility shall provide information relative to the number of customers within each municipality and within the system within 60 days after any such request by a municipality. (d) In the case of acquisition by a municipality or municipalities or a public entity created by law to own or operate a water system under this Section, service and water supply must be provided to persons who are customers of the system on the effective date of this amendatory Act of the 94th General Assembly without discrimination based on whether the customer is located within or outside of the boundaries of the acquiring municipality or municipalities or entity, and a supply contract existing on the effective date of this amendatory Act of the 94th General Assembly must be honored by an acquiring municipality, municipalities, or entity according to the terms so long as the agreement does not conflict with any other existing agreement. (e) For the purposes of this Section, "system" includes all assets reasonably necessary to provide water service to a contiguous or compact geographical service area or to an area served by a common pipeline and include, but are not limited to, interests in real estate, all wells, pipes, treatment plants, pumps and other physical apparatus, data and records of facilities and customers, fire hydrants, equipment, or vehicles and also includes service agreements and obligations derived from use of the assets, whether or not the assets are contiguous to the municipality, municipalities, or entity created for the purpose of owning or operating a water system. (f) Before making a good faith offer, a municipality may pass a resolution of intent to study the feasibility of purchasing or exercising its power of eminent domain to acquire any water system or water works, sewer system or sewer works, or combined water and sewer system or works, or part thereof. Upon the passage of such a resolution, the municipality shall have the right to review and inspect all financial and other records, and both corporeal and incorporeal assets of such utility related to the condition and the operation of the system or works, or part thereof, as part of the study and determination of feasibility of the proposed acquisition by purchase or exercise of the power of eminent domain, and the utility shall make knowledgeable persons who have access to all relevant facts and information regarding the subject system or works available to answer inquiries related to the study and determination. The right to review and inspect shall be upon reasonable notice to the utility, with reasonable inspection and review time limitations and reasonable response times for production, copying, and answer. In addition, the utility may utilize a reasonable security protocol for personnel on the municipality's physical inspection team. In the absence of other agreement, the utility must respond to any notice by the municipality concerning its review and inspection within 21 days after receiving the notice. The review and inspection of the assets of the company shall be over such period of time and carried out in such manner as is reasonable under the circumstances. Information requested that is not privileged or protected from discovery under the Illinois Code of Civil Procedure but is reasonably claimed to be proprietary, including, without limitation, information that constitutes trade secrets or information that involves system security concerns, shall be provided, but shall not be considered a public record and shall be kept confidential by the municipality. In addition, the municipality must, upon request, reimburse the utility for the actual, reasonable costs and expenses, excluding attorneys' fees, incurred by the utility as a result of the municipality's inspection and requests for information. Upon written request, the utility shall issue a statement itemizing, with reasonable detail, the costs and expenses for which reimbursement is sought by the utility. Where such written request for a statement has been made, no payment shall be required until 30 days after receipt of the statement. Such reimbursement by the municipality shall be considered income for purposes of any rate proceeding or other financial request before the Illinois Commerce Commission by the utility. The municipality and the utility shall cooperate to resolve any dispute arising under this subsection. In the event the dispute under this subsection cannot be resolved, either party may request relief from the circuit court in any county in which the water system is located, with the prevailing party to be awarded such relief as the court deems appropriate under the discovery abuse sanctions currently set forth in the Illinois Code of Civil Procedure. The municipality's right to inspect physical assets and records in connection with the purpose of this Section shall not be exercised with respect to any system more than one time during a 5-year period, unless a substantial change in the size of the system or condition of the operating assets of the system has occurred since the previous inspection. Rights under franchise agreements and other agreements or statutory or regulatory provisions are not limited by this Section and are preserved. The passage of time between an inspection of the utilities and physical assets and the making of a good faith offer or initiation of an eminent domain action because of the limit placed on inspections by this subsection shall not be used as a basis for challenging the good faith of any offer or be used as the basis for attacking any appraisal, expert, argument, or position before a court related to an acquisition by purchase or eminent domain.
(g) Notwithstanding any other provision of law, the Illinois Commerce Commission has no approval authority of any eminent domain action brought by any governmental entity or combination of such entities to acquire water systems or water works, except as is provided in subsection (h) of Section 10-5-10 of the Eminent Domain Act. (h) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes. (i) This Section does not apply to any public utility
company that, on January 1, 2006, supplied a total of 70,000 or
fewer meter connections in the State unless and until (i) that
public utility company receives approval from the Illinois
Commerce Commission under Section 7-204 of the Public Utilities
Act for the reorganization of the public utility company or
(ii) the majority control of the company changes through a
stock sale, a sale of assets, a merger (other than an internal
reorganization) or otherwise. For the purpose of this Section,
"public utility company" means the public utility providing
water service and includes any of its corporate parents,
subsidiaries, or affiliates possessing a franchised water
service in the State.
(j) Any contractor or subcontractor that performs work on a water system acquired by a municipality or municipalities under this Section shall comply with the requirements of Section 30-22 of the Illinois Procurement Code. The contractor or subcontractor shall submit evidence of compliance with Section 30-22 to the municipality or municipalities. (k) The municipality or municipalities acquiring the water system shall offer available employee positions to the qualified employees of the acquired water system. (Source: P.A. 103-13, eff. 6-9-23.) |
(65 ILCS 5/Art. 11 Div. 125 heading) DIVISION 125.
CONSTRUCTION OF WELLS AND
WATERWORKS BY CITIES AND VILLAGES
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(65 ILCS 5/11-125-1) (from Ch. 24, par. 11-125-1)
Sec. 11-125-1.
The corporate authorities in each city and village may (1)
provide for a supply of water by the boring of artesian wells, or by the
digging, construction, or regulation of wells, pumps, cisterns, reservoirs,
or waterworks, (2) borrow money therefor, (3) authorize any person to bore,
dig, construct, and maintain the same for a period not exceeding 30 years,
(4) prevent the unnecessary waste of water, (5) prevent the pollution of
water, and (6) prevent injuries to the wells, pumps, cisterns, reservoirs,
or waterworks.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-125-2) (from Ch. 24, par. 11-125-2)
Sec. 11-125-2.
For the purpose of establishing or supplying waterworks and
to purchase, extend, improve and operate waterworks, each city or village
may go beyond its corporate limits and acquire and hold property by
purchase or otherwise, and also may take and condemn all necessary property
therefor, in the manner provided for the taking or damaging of private
property for public uses, including any land now used for highway purposes
in or near any basin proposed to be flooded by the construction, extension
or improvement of any lake by any city or village of this state, for water
supply purposes, provided the highway is capable of being rerouted, raised
or otherwise revised and maintained in use and that the city or village
requiring such reconstruction shall either perform the necessary
reconstruction work or pay the full cost thereof to provide a highway of
equal value and usefulness to that existing before such work is required,
or provided the highway has been vacated by order of the highway
authorities having a jurisdiction over said highway. The jurisdiction of
the city or village to prevent or punish any pollution or injury to the
stream or source of water, or to waterworks, extends 20 miles beyond its
corporate limits, or so far as the waterworks may extend.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-125-3) (from Ch. 24, par. 11-125-3)
Sec. 11-125-3.
The corporate authorities may make all needful rules and
regulations concerning the use of water supplied by the waterworks of the
city or village, and may do all acts and make such rules and regulations
for the construction, completion, management, or control of the waterworks,
and for the fixing and collecting of such water rates or rents as the
corporate authorities may deem necessary or expedient. The corporate
authorities may levy a general tax for the construction and maintenance of
the waterworks, and appropriate money therefor.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-125-4) (from Ch. 24, par. 11-125-4)
Sec. 11-125-4.
The corporate authorities of each municipality
served by a community water supply well may perform a groundwater
protection needs assessment, and may by ordinance adopt a minimum or maximum
setback zone around a wellhead
pursuant to Sections 14.2, 14.3, 14.4 and 17.1 of the Environmental
Protection Act.
(Source: P.A. 85-863.)
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(65 ILCS 5/Art. 11 Div. 126 heading) DIVISION 126.
JOINT CONSTRUCTION OF WATER
SUPPLY
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(65 ILCS 5/11-126-1) (from Ch. 24, par. 11-126-1)
Sec. 11-126-1.
Each municipality may provide for a supply of water for fire
protection and for the use of the inhabitants of the municipality (1) by
constructing and maintaining a system of waterworks, or (2) by uniting with
any adjacent municipality in constructing and maintaining a system of
waterworks for the joint use of those municipalities, or (3) by procuring
such a supply of water from any adjacent municipality already having
waterworks.
All contracts for the construction of such a system of waterworks or any
part thereof shall be let to the lowest responsible bidder therefor, upon
not less than 3 weeks' public notice of the terms and conditions upon which
the contract is to be let having been given by publication in a newspaper
published in the municipality, or if no newspaper is published therein,
then in some newspaper published in the county. No member of the corporate
authorities shall be directly or indirectly interested in such a contract.
In all cases the corporate authorities have the right to reject any and all
bids that may not be satisfactory to them.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-126-2) (from Ch. 24, par. 11-126-2)
Sec. 11-126-2.
Each municipality may borrow money and levy and collect a
general tax, in the same manner as other municipal taxes may be levied and
collected, for the construction and maintenance of such a system of
waterworks, and may appropriate money for that construction and
maintenance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-126-3) (from Ch. 24, par. 11-126-3)
Sec. 11-126-3.
For the purpose of locating, constructing, maintaining, or
supplying such a system of waterworks, each municipality may go beyond its
corporate limits, and acquire and hold property purchased or otherwise, and
also may take, condemn, and hold all necessary property in the manner
provided for the taking or damaging of private property for public use.
Also each municipality may acquire and hold property and rights necessary
for the location, construction and maintenance of such a system of
waterworks, by purchase or otherwise. The jurisdiction of the municipality
to prevent or punish any pollution or injury to the stream or source of
water for the supply of the waterworks extends 10 miles beyond its
corporate limits.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-126-4) (from Ch. 24, par. 11-126-4)
Sec. 11-126-4.
The corporate authorities of each municipality may make and
enforce all needful rules and regulations in the construction and
management of such a system of waterworks, and for the use of the water
supplied thereby.
The corporate authorities of each municipality also may make and enforce
all needful rules, regulations, and enact ordinances for the improvement,
care, and protection from pollution or other injury of any impounding
reservoir or artificial lake constructed or maintained by the municipality
for water supply purposes and any adjacent zone of land which the
municipality may acquire or control. If the leasing of portions of such
adjacent zone of land will, in the discretion of the corporate authorities,
aid in the protection from pollution or other injury of the impounding
reservoir or artificial lake by promoting forestation, development or care
of other suitable vegetation, and the improvement, care and maintenance of
the premises, the corporate authorities may lease those portions of that
land jointly or severally to custodians of good reputation and character
for periods not to exceed 60 years, and permit those custodians to
construct, maintain, use, and occupy dwelling houses and other structures
thereon for such rental and on such other terms and conditions and subject
to such rules and regulations and with such powers and duties as may be
determined by the corporate authorities.
The corporate authorities of each municipality have the power to fix and
collect from the inhabitants thereof the rent or rates for the use and
benefit of water used or supplied to them by such a system of waterworks,
as the corporate authorities shall deem just and expedient. These rents or
rates shall be paid and collected in such manner as the corporate
authorities by ordinance shall provide. Such charges, rents, or rates are
liens upon the real estate upon or for which water service is supplied
whenever the charges, rents, or rates become delinquent as provided by the
ordinance of the municipality fixing a delinquency date. However, the
municipality has no preference over the rights of any purchaser, mortgagee,
judgment creditor, or other lien holder arising prior to the filing of the
notice of such a lien in the office of the recorder of the county
in which such real estate is located, or in the office of the registrar of
titles of such county if the property affected is registered under "An
Act concerning land titles", approved May 1, 1897, as amended. This notice
shall consist of a sworn statement setting out
(1) a description of such real estate sufficient for the identification
thereof, (2) the amount of money due for such water service, and (3) the
date when such amount became delinquent. The municipality may foreclose
this lien in the same manner and with the same effect as in the foreclosure
of mortgages on real estate.
(Source: P.A. 97-813, eff. 7-13-12.)
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(65 ILCS 5/11-126-5) (from Ch. 24, par. 11-126-5)
Sec. 11-126-5.
The expense of locating, and constructing reservoirs and
hydrants for the purpose of fire protection, and the expense of
constructing and laying water main pipes, or such part thereof as may be
just and lawful, whenever it is for a local improvement, may be assessed
upon and collected from the property specially benefited thereby, if any,
in such manner as may be provided for the making of special assessments for
other local improvements in the municipality, as provided in Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-126-6) (from Ch. 24, par. 11-126-6)
Sec. 11-126-6.
All the income received by a municipality from such a system
of waterworks, from the payment and collection of water rents or rates,
shall be kept in a separate fund and shall be applied first in the payment
and discharge of the principal of and the interest on bonds or money
borrowed and used in the construction of the waterworks and of the
operating expenses thereof. Any surplus may be applied in such manner as
the corporate authorities may direct.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-126-7) (from Ch. 24, par. 11-126-7)
Sec. 11-126-7.
For the purpose of constructing a system of waterworks,
storm or sanitary sewer system, each municipality has the power to levy
special assessments for said local improvements on property beyond its
corporate limits, but within one mile therefrom, that is specially
benefited by the improvement.
(Source: Laws 1963, p. 2637.)
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(65 ILCS 5/Art. 11 Div. 127 heading) DIVISION 127.
PURCHASE OR LEASE OF WATERWORKS
|
(65 ILCS 5/11-127-1) (from Ch. 24, par. 11-127-1)
Sec. 11-127-1.
In all municipalities where waterworks have been
constructed, the corporate authorities of the municipality may purchase
or lease the waterworks from the owner thereof. However, such a lease or
purchase is not binding upon the municipality until the corporate
authorities pass an ordinance which includes the terms of the lease or
purchase therein. This ordinance shall be published at least once,
within 10 days after passage, 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 authorizing the purchase or lease of waterworks
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 city clerk
shall provide a petition form to any individual requesting one.
If no petition is submitted to the corporate authorities, as provided
in this section, within 30 days after the ordinance is so published and
posted, the corporate authorities may consummate the lease or purchase
provided for in the ordinance. But if within this period of 30 days
there is presented to the corporate authorities a petition signed by
electors of the municipality numbering 10% or more of the number of
registered voters in the municipality asking that the question, whether the
lease or purchase should be made, be submitted to a vote, the corporate
authorities by ordinance shall designate the election at which the electors
of the municipality may vote upon that question and the city clerk shall
promptly certify the proposition for submission. If a
majority of the electors voting upon that question vote
in favor of making the lease or purchase, then the corporate authorities
shall proceed to complete the lease or purchase. But if a majority of
the votes cast on the question are against the lease or purchase, the
corporate authorities shall proceed no further with the lease or
purchase for the period of 6 months next ensuing.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-127-2) (from Ch. 24, par. 11-127-2)
Sec. 11-127-2.
Municipalities may borrow money, appropriate money, and levy
and collect a general tax in the same manner as other municipal taxes may
be levied and collected for the purchase and maintenance or the lease and
maintenance of such waterworks.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 128 heading) DIVISION 128.
TAX FOR WATERWORKS PURCHASE,
CONSTRUCTION OR ENLARGEMENT
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(65 ILCS 5/11-128-1) (from Ch. 24, par. 11-128-1)
Sec. 11-128-1.
Subject to the provisions of Section 11-128-3, each
city and village may levy, in addition to the taxes now authorized by
law and in addition to the amount authorized to be levied for general
purposes as provided by Section 8-3-1, a direct annual tax of not more
than .1666% of the value, as equalized or assessed by the Department of
Revenue, upon all the property within the corporate
limits of the city or village. This tax is payable yearly for a period
of not more than 30 years. The proceeds of this tax shall be used solely
for the purchase, construction, and enlargement of waterworks.
The foregoing limitation upon tax rates in municipalities of less
than 1,000,000 population 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 5/11-128-2) (from Ch. 24, par. 11-128-2)
Sec. 11-128-2.
Whenever any specified municipality desires to avail itself
of the provisions of this Division 128, the corporate authorities by
ordinance or resolution may contract for the purchase, construction, or
enlargement of waterworks for a provisionally certain fixed sum. The
contract for purchase, construction, or enlargement, together with a report
from the municipal engineer recommending the same, shall be published at
least once a week for 3 consecutive weeks in a newspaper with a general
circulation in the municipality. The corporate authorities shall also
provide in the specified ordinance or resolution for the levying of a
direct annual tax as authorized in Section 11-128-1. The total of this tax
for the term levied, together with the annual revenue which is estimated to
be derived from the waterworks, shall be sufficient to pay the contract
price for the waterworks, together with interest thereon. However, the
contract for the purchase, construction, or enlargement, and this tax,
shall not be valid or binding until confirmed by a vote as provided by
Section 11-128-3.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-128-3) (from Ch. 24, par. 11-128-3)
Sec. 11-128-3.
Before they shall be valid and binding, the specified
contract and tax, after action by the corporate authorities, shall be
certified by the clerk and submitted for ratification to the electors of
the municipality. The notice shall specify the character of the waterworks
proposed to be purchased, constructed, or enlarged and the amount of the
tax to be levied. For 3 weeks preceding the election there shall be on file
in some public place, convenient of access, a full description of the
waterworks and a copy of the contract and of the report of the engineer,
for the inspection of the electors. Notice of where the documents are on
file shall be included in the notice of the election.
If 3/4 of all the electors voting on the proposition vote
in favor thereof, the contract and tax shall be binding and the tax
shall be duly levied. The proposition
shall be in substantially the following form:
Shall the city (or village) of.... construct, purchase, or enlarge YES(as the case may be) waterworks and levy a tax of .... annually NOfor .... years?
Whenever the electors of a city or village have ratified a contract
to purchase, construct, or enlarge waterworks and to levy a tax therefor
as provided in "An Act to enable cities and villages to provide,
construct, or enlarge waterworks and to provide for the management
thereof, and giving them authority to levy an annual tax and to pledge
the same in payment therefor," approved April 19, 1899, as amended, the
city or village may proceed or continue to exercise the power specified
in this Division 128 without again submitting the proposition to the
electors for approval.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-128-4) (from Ch. 24, par. 11-128-4)
Sec. 11-128-4.
The corporate authorities have the power to carry into
execution the contract for the purchase, construction, or enlargement of
waterworks when ratified by the electors, as directed in Section 11-128-3,
and to employ a superintendent and such other employees as may be necessary
and proper for the operation of the waterworks, for the collection of water
rentals, and for the conduct of the business necessary to the operation
thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-128-5) (from Ch. 24, par. 11-128-5)
Sec. 11-128-5.
The corporate authorities may issue bonds against the taxes
levied, but the bonds shall be payable only out of the special tax when
collected and out of the net revenue derived from the operation of the
waterworks.
These bonds shall be made to mature in as nearly as possible equal
installments of $100, or multiples thereof. The first installment shall be
payable one or 2 years from the date of issue, and the last installment
within one year after the date of the last tax levy provided by the vote
authorizing a levy. The bonds shall bear interest at a rate 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 or semi-annually.
They shall be sold for not less than
par, or they may be paid out at not less than par for the construction,
purchase, and/or enlargement of the waterworks.
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.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-128-6) (from Ch. 24, par. 11-128-6)
Sec. 11-128-6.
The specified bonds shall be substantially in the following
form:
The city (or village) of ...., county of ...., State of Illinois, for
value received hereby promises to pay the bearer .... hundred dollars,
lawful money of the United States of America, on the .... day of .... A.D.
...., together with interest thereon at the rate of ....% annually, payable
annually (or semi-annually) on the .... day of ...., ..... Both principal
and interest are payable at the .....
This bond is one of a series of bonds amounting to .... dollars, issued
under an ordinance of the city (or village) of .... and is payable solely
out of funds derived from a special tax levy and the net revenue of the
waterworks of the city (or village) of .... and out of no other funds. The
construction, purchase, or enlargement of the waterworks and levy of the
tax were authorized at an election legally called and held on the .... day
of ...., ..... And it is asserted that all acts, conditions, and things
precedent to and in the issuance of this bond have occurred and have been
performed in regular and due form as required by law.
In testimony whereof the corporate authorities have caused this bond to
be signed by the mayor (or president) and countersigned by the clerk, and
have caused the seal of the city (or village) to be affixed this .... day
of ...., ....
.... Mayor
.... Clerk
Coupons representing the interest shall be attached to the bond, and
they may be signed or bear the lithographed signature of the clerk of the
city or village.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-128-7) (from Ch. 24, par. 11-128-7)
Sec. 11-128-7.
The corporate authorities from time to time shall fix the
water rentals or rates to be charged for the furnishing of water. These
rentals or rates shall be made sufficient, together with the proceeds of
the special tax provided in this Division 128, to pay at maturity the
interest and principal of bonds issued under the provisions of this
article, and also for the proper maintenance and operation of the
waterworks, and for all repairs thereon.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-128-8) (from Ch. 24, par. 11-128-8)
Sec. 11-128-8.
Any 2 or more cities or villages adjacent to each other by
an ordinance adopted by each of them may create a water district. This
water district shall be governed by a board of trustees jointly composed of
the corporate authorities of each of the cities and villages, which created
the district. This board of trustees shall have the powers given to the
corporate authorities in this article, and the water district shall be a
body corporate to carry out the provisions of this Division 128. But notice
of any election held by such a water district under this Division 128 shall
be given in each city and village combining into the district, and if the
proposition does not carry by three-fourths of all electors voting on the
proposition in each city or village constituting the district, then the
proposed contract and tax have failed of ratification and are void.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 129 heading) DIVISION 129.
WATERWORKS SYSTEMS IN
MUNICIPALITIES OF LESS THAN 500,000
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(65 ILCS 5/11-129-1) (from Ch. 24, par. 11-129-1)
Sec. 11-129-1.
Any municipality with a population of less than 500,000 is
authorized, as provided in this Division 129, to build, or purchase, and to
operate a waterworks system or water supply system either within or without
the corporate limits thereof, and also to improve or extend that system.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-129-2) (from Ch. 24, par. 11-129-2)
Sec. 11-129-2.
A specified municipality is authorized to pay the cost of
a purchase, construction, improvement, or extension of a waterworks or
water supply system by the issuance and sale of revenue bonds of the
municipality, payable solely from the revenue derived from the operation of
the waterworks or water supply system. These revenue bonds shall bear
interest at a rate not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
payable semi-annually, and shall mature within the period of usefulness of
the project, to be determined by the corporate authorities, but in no event
more than 40 years from the date of the completion of the project. The
bonds shall be sold in such manner as the corporate authorities shall
determine except that, if issued to bear interest at the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, the bonds shall be sold for not less than par and
accrued interest, and except that the selling price of bonds bearing less than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, shall be such that the interest cost to the
municipality of the money received from the bond sale shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, computed to maturity according to
standard tables of bond values.
In case any officer, whose signature appears on these revenue bonds or
the coupons attached thereto, ceases to hold that office before the
delivery of the bonds to the purchaser, his signature nevertheless shall be
valid and sufficient for all purposes, to the same effect as if he had
remained in office until the delivery of the bonds. The bonds shall have
all the qualities of negotiable instruments under the law merchant and the
"Uniform Commercial Code", approved May 28, 1965, as amended.
However, upon the effective date of the Acts of 1971, 1972 and 1973, the
maximum interest rate and interest cost on bonds issued under this Section
is
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract.
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 5/11-129-3) (from Ch. 24, par. 11-129-3)
Sec. 11-129-3.
The corporate authorities of any municipality availing
itself of the provisions of this Division 129 shall adopt an ordinance
describing in a general way the contemplated project. If it is intended to
purchase an existing waterworks or water supply system, the ordinance shall
describe in a general way the system to be purchased. If it is intended to
build a waterworks or water supply system or to improve or extend a
waterworks or water supply system owned and operated by the municipality,
the ordinance shall describe in a general way the waterworks or water
supply system to be constructed or the improvements or extensions to be
made. It shall not be necessary that the ordinance refer to plans and
specifications nor that there be on file for public inspection prior to the
adoption of such ordinance detailed plans and specifications of the
project. The ordinance shall set out the estimated cost of the project,
determine its period of usefulness, and fix the amount and maturities of
water revenue bonds proposed to be issued, the interest rate, and all
details in respect thereof. The ordinance may contain such covenants and
restrictions upon the issuance of additional revenue bonds thereafter as
may be deemed necessary or advisable for the assurance of payment of the
bonds thereby authorized and as may be thereafter issued.
Revenue bonds issued under this Division 129 shall be payable solely
from the revenue derived from the operation of the waterworks or water
supply system on account of which the bonds are issued; provided, that
bonds issued under this Division 129 may also be payable from funds pledged
by the municipality issuing such bonds pursuant to the
Illinois Finance Authority Act. Notwithstanding any
such
pledge or any other matter, these bonds shall
not in any event constitute an indebtedness of the municipality within the
meaning of any constitutional or statutory limitation and it shall be so
stated on the face of each bond.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/11-129-4) (from Ch. 24, par. 11-129-4)
Sec. 11-129-4.
Within 10 days after an ordinance for any project
under this Division 129 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.
If the ordinance authorizes the issuance of revenue bonds for the
purpose of purchasing an existing waterworks system and if the revenue
thereof (after proper adjustments and elimination of nonrecurring
charges under public ownership based upon the average annual receipts
and expenditures for the 3 calendar years next preceding the date of the
adoption of the ordinance as shown by the annual reports for those years
made by the owners to the Illinois Commerce Commission) is sufficient
(1) to pay all operating and maintenance expenses, (2) to pay into a
depreciation fund a reasonable amount as a depreciation reserve, and (3)
to provide for the payment when due of the principal of and interest
upon the bonds proposed to be issued to purchase the waterworks system,
the ordinance authorizing the issuance of those revenue bonds shall be
in effect immediately upon its adoption and publication, or posting, as
provided in this section, notwithstanding any provision in this Code or
any other law to the contrary.
If the ordinance authorizes the issuance of revenue bonds for the
purpose of extending or improving an existing waterworks system, after
its acquisition, or a presently municipally owned and operated
waterworks system, and if the ordinance specifies that those extensions
or improvements are to be paid for, either in whole or in part, by a
loan or grant, or both, from any federal agency, the ordinance
authorizing the issuance of those revenue bonds shall be in effect
immediately upon its adoption and publication, or posting, as provided
in this section, notwithstanding any provision in this Code or any other
law to the contrary.
The fact as to the sufficiency of the revenue in case of the purchase
of an existing waterworks system, or of the intention of the corporate
authorities to pay the cost of the proposed extensions or improvements
to an existing system proposed to be purchased, or to a presently
municipally owned system, by a loan or grant, or both, from a federal
agency shall be determined by the ordinance authorizing the revenue
bonds and that determination when so expressed in that ordinance shall
be conclusive.
In all other cases, if no petition is filed with the municipal clerk,
as provided in this section, within 30 days after the publication, or
posting, of the ordinance, then, after the expiration of those 30 days,
the ordinance shall be in effect. The publication or posting of an ordinance
which does not take effect immediately shall be accompanied by a notice
of (1) the specific number of voters required to sign a petition requesting
the question of authorizing the issuance of revenue bonds for the purpose
of building, purchasing, improving or extending the waterworks or water
supply system 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. But if within this period of 30 days a petition is filed with the
municipal clerk signed by electors of the municipality numbering 10% or
more of the number of registered voters in the municipality, asking that
the question of building, purchasing, improving, or extending the
waterworks or water supply system and the issuance of revenue bonds
therefor, as provided in the ordinance, be submitted to the electors of
the municipality, the clerk shall certify the proposition for submission at
an election in accordance with the general election law.
If a majority of the votes cast on the question are in
favor thereof, the ordinance shall be in effect. But if a majority of
the votes cast on the question are unfavorable, the municipality shall
proceed no further and the ordinance shall not take effect.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-129-5) (from Ch. 24, par. 11-129-5)
Sec. 11-129-5.
Whenever revenue bonds are issued under this Division 129,
sufficient revenue received from the operation of such a waterworks or
water-supply system shall be deposited in a separate fund designated as the
water fund of the municipality. It shall be used only (1) to pay the cost
of operation and maintenance of the system, (2) to provide an adequate
depreciation fund, and (3) to pay the principal of and interest upon the
revenue bonds of the municipality issued under this Division 129.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-129-6) (from Ch. 24, par. 11-129-6)
Sec. 11-129-6.
Rates charged for water by such a municipality shall be
sufficient at all times to pay the cost of operation and maintenance, to
provide an adequate depreciation fund, and to pay the principal of and
interest upon all revenue bonds issued under this Division 129. The holder
of such a bond, or of any of its coupons, in any civil action mandamus,
injunction or
other proceeding, may enforce and compel performance of all duties required
by this Division 129 including the making and collecting of sufficient
water rates for the specified purposes and the proper application of the
income therefrom.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-129-7) (from Ch. 24, par. 11-129-7)
Sec. 11-129-7.
This Division 129 authorizes the issuance of revenue bonds
provided for in this Division 129 without submitting the proposition for
the approval of the ordinance authorizing the bonds to the electors as
provided in Sections 8-4-1 and 8-4-2.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 5/11-129-8) (from Ch. 24, par. 11-129-8)
Sec. 11-129-8.
Any municipality with a population of less than 500,000
hereafter authorizing the issuance of bonds to pay the cost of acquiring a
water works, which bonds are payable solely from the revenue of such water
works, may pursuant to ordinance adopted by the governing body of such
municipality and as an incident thereto and for the purpose of assuring the
holder or holders of such bonds of a continuous, efficient management and
operation of such water works, provide for the establishment of a municipal
water board consisting of not less than 3 nor more than 7 members to
administer the action and function of such municipality in managing,
maintaining and operating such water works. The members of the board shall
be selected by the city council, board of trustees, or other governing body
of such municipality, and shall serve for such terms, receive such
compensation and successors shall be selected, as shall be specified by the
ordinance providing for the establishment of such board. The board shall
approve all contracts for materials and services and shall employ all such
persons as the proper and successful operation of such water works system
may require, including a superintendent, an engineer and an attorney. No
disbursement shall be made of any revenues of such water works system for
operation and maintenance expenses or to pay the cost of any additions or
improvements thereto, except such as are approved by such board. The holder
of any bond issued for the purpose of acquiring any such water works
system, or extending or improving the same may compel the board to perform
any act in respect to the management, maintenance or operation of the water
works system as may be required by the laws of this state or as may have
been undertaken in the ordinance or ordinances pursuant to which such board
was established or the bonds issued. If the adoption of such ordinance was
made a condition to the sale of water revenue bonds issued for the purpose
of acquiring such water works system, any such ordinance shall not be
repealed or amended prior to the retirement of the bonds without the
consent of the holders of two-thirds of the bonds then outstanding.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-129-9) (from Ch. 24, par. 11-129-9)
Sec. 11-129-9.
In addition to other projects authorized by this
Division 129, any municipality with a population under 500,000 may
construct or acquire a water-supply system to serve a particular
locality within or without its corporate limits or to extend or improve
an existing water-supply system for the purpose of serving a particular
locality within or without the municipality not theretofore served by
its existing system, and may pay the cost thereof by the issuance and
sale of revenue bonds of the municipality, payable solely from the
revenue derived from the operation of the water-supply system
constructed or acquired for that particular locality, or from the
revenue derived from the operation of the improvements and extensions of
an existing system.
Except insofar as inconsistent with Sections 11-129-9 through
11-129-11, the provisions of Section 11-129-1 through 11-129-8 shall
govern all matters connected with projects under this Section. In
addition to the requirements of Section 11-129-3, an ordinance for a
project under this Section shall contain a description of the particular
locality to be served by the system, improvement or extension.
(Source: P.A. 80-1382.)
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(65 ILCS 5/11-129-10) (from Ch. 24, par. 11-129-10)
Sec. 11-129-10.
After adoption of an ordinance for a project under
Section 11-129-9, the corporate authorities may make and enforce all
needful rules and regulations in connection with the construction,
acquisition, improvement, or extension, and with the management and
maintenance of the project to be constructed or acquired. The corporate
authorities shall establish rates or charges to each user of the
water-supply system, improvement or extension at a rate which will be
sufficient at all times to pay the principal and interest of any bonds
issued to pay the cost thereof, maintenance, and operation of the
system, improvement, or extension and an adequate depreciation fund
therefor. Charges or rates shall be established, revised, and
maintained by ordinance and become payable as the corporate authorities
may determine by ordinance.
(Source: P.A. 80-1382.)
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(65 ILCS 5/11-129-11) (from Ch. 24, par. 11-129-11)
Sec. 11-129-11.
All revenue derived from the operation of a
water-supply system, improvement or extension constructed or acquired
under Section 11-129-9 shall be set aside as collected and deposited in
a special fund designated as a municipal water fund for the particular
locality. The fund shall be used only for the purpose of paying the
cost of operating and maintaining the water-supply system, improvement
or extension, providing an adequate depreciation fund, and paying the
principal and interest on the bonds issued by the municipality under
Section 11-129-9 for the purpose of constructing or acquiring the
system, improvement or extension.
(Source: P.A. 80-1382.)
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(65 ILCS 5/Art. 11 Div. 130 heading) DIVISION 130.
CONSTRUCTION AND PURCHASE
OF WATERWORKS
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(65 ILCS 5/11-130-1) (from Ch. 24, par. 11-130-1)
Sec. 11-130-1.
Any municipality may purchase or construct waterworks or
construct improvements to its waterworks as provided in this Division 130.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-130-2) (from Ch. 24, par. 11-130-2)
Sec. 11-130-2.
The term "waterworks", as used in this Division 130, means
and includes a waterworks system in its entirety or any integral part
thereof, including mains, hydrants, meters, valves, standpipes, storage
tanks, pumping tanks, intakes, wells, impounding reservoirs, or
purification plants.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-130-3) (from Ch. 24, par. 11-130-3)
Sec. 11-130-3.
Whenever the corporate authorities of any municipality
determine to purchase or construct waterworks under the provisions of this
Division 130, they shall have an estimate made of the cost thereof and, by
ordinance, shall provide for the issuance of revenue bonds under the
provisions of this Division 130. The ordinance shall set forth a brief
description of the contemplated purchase or construction, the estimated
cost thereof, the amount, rate of interest, time and place of payment, and
other details in connection with the issuance of the bonds. The bonds shall
bear interest at not more than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
payable semi-annually, and shall be payable at such times and places not
exceeding 20 years from their date as shall be prescribed in the ordinance
providing for their issuance. This ordinance shall also declare that a
statutory mortgage lien exists upon the property
so to be purchased or constructed, fix minimum rates for water to be
collected prior to the payment of all of the revenue bonds so issued, and
shall pledge the revenue derived from the operation of the waterworks for
the purpose of paying those bonds and the interest thereon. This pledge
shall definitely fix and determine the amount of revenue which must be set
apart and applied to the payment of the principal of and interest on the
bonds and the proportion of the balance of the revenue which is to be set
aside as a proper and adequate depreciation account. The remainder of the
revenue shall be set aside for the reasonable and proper operation and
maintenance of the waterworks. The rates to be charged for the services
from the waterworks shall be sufficient to provide for the payment of
interest upon all bonds and to create a sinking fund to pay the principal
thereof as and when the bonds become due, to provide for the operation and
maintenance of the system and to provide an adequate depreciation fund.
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 5/11-130-4) (from Ch. 24, par. 11-130-4)
Sec. 11-130-4.
Within 10 days after such an ordinance has been passed it
shall be published at least once, with a notice to all persons concerned
stating that the ordinance has been adopted 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. Such notice shall state that
the municipality contemplates the issuance of the bonds described in the
ordinance, and that any person interested may appear before the corporate
authorities upon a certain date, which shall not be less than 10 days
subsequent to the publication or posting of the ordinance and notice, and
present protests. At this hearing all objections and suggestions shall be
heard, and the corporate authorities shall take such action as they shall
deem proper in the premises.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-130-5) (from Ch. 24, par. 11-130-5)
Sec. 11-130-5.
Bonds provided for in this Division 130 shall be issued in
such amounts as may be necessary to provide sufficient funds to pay all
costs of the purchase or construction, including engineering, legal, and
other expenses, together with interest to a date 6 months subsequent to the
estimated date of completion. Bonds issued under this Division 130 are
negotiable instruments. They shall be executed by the mayor, or president
and by the municipal clerk and shall be sealed with the corporate seal of
the municipality. In case any of the officers whose signatures appear on
the bonds, or coupons attached thereto, ceases to hold his office before
delivery of the bonds, his signature nevertheless shall be valid and
sufficient for all purposes the same as if it had remained in office until
the delivery of the bonds. The bonds may be sold at not less than 90 cents
on the dollar, and the proceeds derived therefrom shall be used exclusively
for the purposes for which the bonds were issued. The bonds may be sold at
one time or in parcels as funds are needed, but no bond shall be delivered
until bids for the construction, or the offer to sell, in the case of a
purchase, has been received, or judgment has been entered in the event of a
condemnation, and it is apparent that the authorized bonds will pay for the
contemplated waterworks.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-130-6) (from Ch. 24, par. 11-130-6)
Sec. 11-130-6.
Revenue bonds issued under this Division 130 shall be
payable solely from the revenue derived from the operation of the
waterworks on account of which the bonds were issued. These bonds 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 130 and that it does not constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-130-7) (from Ch. 24, par. 11-130-7)
Sec. 11-130-7.
There is hereby created a statutory mortgage lien upon the
waterworks so purchased or constructed from the proceeds of the bonds
authorized to be issued under this Division 130. This lien exists in favor
of the holder of each of the bonds, and in favor of the holder of each of
the coupons attached to the bonds. The waterworks shall remain subject to
this statutory mortgage lien until the principal and interest of the bonds
are paid in full. Any holder of bonds issued under this Division 130, or of
any coupons representing interest accrued thereon, may, in a civil action,
enforce the statutory mortgage lien hereby created, and may compel the performance
of the duties of the officials of
the issuing municipality set forth in this Division 130.
If there is a default in the payment of the principal of and/or interest
upon any of these bonds, the circuit court
in any proper action
may appoint a receiver to administer the waterworks on behalf of the
municipality with power to charge and collect rates sufficient to provide
for the payment of the bonds and interest thereon, and for the payment of
the operating expenses and with power to apply the revenue in conformity
with this Division 130 and the ordinance providing for the issuance of the
bonds.
(Source: P.A. 79-1361.)
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(65 ILCS 5/11-130-8) (from Ch. 24, par. 11-130-8)
Sec. 11-130-8.
Rates for water fixed precedent to the issuance of bonds
shall not be reduced until all of the bonds have been fully paid, and,
whenever necessary, may be increased in amounts sufficient to provide for
the payment of the bonds, both principal and interest, and to provide
proper funds for the depreciation account and operation and maintenance
charges.
If any surplus accumulates in the operating and maintenance fund in
excess of the cost of maintaining and operating the waterworks during the
remainder of the then current fiscal year, and during the next ensuing
fiscal year, that excess may be transferred by the corporate authorities
either to the depreciation account or to the bond and interest redemption
account as the corporate authorities may designate. If any surplus
accumulates in the depreciation account over and above that which the
corporate authorities find may be necessary for the probable replacements
which may be needed during the remainder of the then present fiscal year
and the next ensuing fiscal year, that excess may be transferred to the
bond and interest redemption account. If any surplus exists in the bond and
interest redemption account that surplus shall be applied insofar as
possible in the purchase or retirement of outstanding revenue bonds payable
from that account, and for that purpose the corporate authorities are
hereby authorized to purchase bonds not due in the open market at not more
than the fair market value thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-130-9) (from Ch. 24, par. 11-130-9)
Sec. 11-130-9. For the purpose of purchasing any waterworks under this
Division 130, or for the purpose of purchasing any property necessary
therefor, the municipality has the right of eminent domain as provided by
the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-130-10) (from Ch. 24, par. 11-130-10)
Sec. 11-130-10.
Whenever a municipality owns and operates a waterworks
system, whether purchased or constructed under this Division 130 or not,
and desires to construct improvements thereto, it may issue revenue bonds
under this Division 130 to pay for that construction. The procedure for
that issuance, including the fixing of rates and the computation of the
amount thereof, shall be the same as is provided in this Division 130 for
the issuance of bonds for the purchase or construction of waterworks by a
municipality, except that in the ordinance declaring the intention to issue
the bonds and providing details in connection therewith, the corporate
authorities shall find and declare, in addition to the other requirements
set out in this Division 130, the value of the then existing waterworks and
the value of the property proposed to be constructed. The revenue derived
from the waterworks when the contemplated improvements are completed shall
be divided according to those 2 values. So much of the revenue as is in
proportion to the value of the improvements as distinguished from the value
of the previously existing waterworks, as so determined, shall be set aside
and used solely for the purpose of paying the revenue bonds issued for the
improvements, together with the cost of the operation and the depreciation
thereof, and that revenue shall be deemed to be income derived exclusively
from the improvements.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-130-11) (from Ch. 24, par. 11-130-11)
Sec. 11-130-11.
Any municipality issuing revenue bonds under this Division
130 shall install and maintain a proper system of accounts, showing the
amount of revenue received and its application. At least once a year the
municipality shall have the accounts properly audited by a competent
auditor. The report of that audit shall be open for inspection at all
proper times to any taxpayer, water-user, or any holder of bonds issued
under this Division 130, or to anyone acting for and on behalf of the
taxpayer, water-user, or bondholder.
The treasurer of the municipality shall be custodian of the funds
derived from income received from waterworks purchased or constructed
either in whole or in part under the provisions of this Division 130. He
shall give proper bond for the faithful discharge of his duties as such
custodian, and this bond shall be fixed and approved by the corporate
authorities of the municipality.
All of the funds received as income from waterworks purchased or
constructed in whole or in part under the provisions of this Division 130,
and all of the funds received from the sale of revenue bonds issued to
construct such a waterworks system, shall be kept separate and apart from
the other funds of the municipality. The treasurer shall maintain separate
accounts in which shall be placed (1) the interest and sinking fund, (2)
the depreciation fund and (3) the operating and maintenance fund. He shall
also provide for refunding outstanding certificates payable out of water
revenue.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-130-12) (from Ch. 24, par. 11-130-12)
Sec. 11-130-12.
Whenever all of the holders of unpaid water revenue
certificates of a particular issue, which were issued prior to July 8,
1927, to pay the cost of constructing waterworks and are payable from the
revenue thereof, offer in writing to exchange the certificates for
refunding revenue bonds to be issued under this Division 130, the corporate
authorities shall receive the certificates, and if found to be properly
executed, may adopt an ordinance incorporating therein the offer of the
certificate holders. This ordinance shall set forth the determined value of
the waterworks as it then exists, the value of as much of the waterworks as
was paid for by the issue of certificates, the unpaid portion of which are
proposed to be refunded, and the details in connection with the issuance of
the refunding revenue bonds in the same manner as is provided for in this
Division 130. The ordinance also shall fix the minimum rates to be charged
for water and pledge that revenue, if and when the refunding revenue bonds
are issued, to pay these refunding revenue bonds. The revenue shall be
applied as provided in this Division 130 and particularly in Sections
11-130-8 and 11-130-9.
The amount of the refunding revenue bonds shall not exceed and may be
less than the par amount of the certificates to be surrendered and shall
not exceed and may be less than the determined value of so much of the
waterworks as was paid for by that issue of certificates, less the amount
of certificates paid. The ordinance shall be published, or posted, together
with a notice of a hearing thereon, and a hearing shall be had thereon, in
the same manner as is provided in this Division 130. After such a hearing
the refunding revenue bonds specified in the offer may be issued, or a less
amount thereof may be issued with the consent of the certificate holders,
or the ordinance may be repealed, as the corporate authorities shall
determine. If the refunding revenue bonds are issued, the certificates
shall be surrendered and cancelled simultaneously therewith. Refunding
revenue bonds issued under this Division 130 shall be payable only out of
revenue derived from the waterworks as provided in the ordinance and
according to the terms of this Division 130. Holders of refunding revenue
bonds issued under this Division 130 have rights similar to those of
holders of revenue bonds issued under this Division 130, including the
power to apply for a receiver to operate the waterworks. The municipality
is under the same obligations to the refunding bondholders as it is to
holders of revenue bonds issued under this Division 130.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 131 heading) DIVISION 131.
WATER FUND TAX IN CITIES
|
(65 ILCS 5/11-131-1) (from Ch. 24, par. 11-131-1)
Sec. 11-131-1.
The corporate authorities of any municipality, whether incorporated
under a special charter or the general law, which now has, or hereafter
may have, established or leased a waterworks system for the supply of
water to its inhabitants, has the power annually to levy and collect a
tax not to exceed .0166% of the value, as equalized or assessed by the
Department of Revenue, of the taxable property in the
municipality, for the extension of watermains or pipes in the municipality and for the
maintenance of its waterworks system, or for the creation of a sinking
fund to be applied to the establishment of a waterworks system. However,
the board of public works of the municipality, if any, or the head of the municipality's
water department, shall first certify to the corporate authorities the amount
that will be necessary for the specified purposes, and shall further
certify that the revenue from the waterworks system will be insufficient
therefor. This tax shall be known as the water fund tax and shall be
levied and collected in the same manner as are the other general taxes
of the municipality. A two-thirds majority of all the corporate authorities
may levy and collect annually, a
tax not to exceed .05% of the value, as equalized or assessed by the
Department of Revenue, of the taxable property in the
municipality, for the specified purposes.
The corporate authorities of each municipality, with the concurrence of
two-thirds of all of the members elected thereto, may
levy and collect annually, in addition to all other taxes now authorized
by law, a further tax of not to exceed .033% of the value, as equalized
or assessed by the Department of Revenue, of the
taxable property in the municipality, to be used exclusively for the purpose of
supplying water to the municipality.
Nothing in this Section increases the aggregate amount of tax, as
limited in Section 8-3-1, that may be levied in any one year.
(Source: P.A. 81-1550.)
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(65 ILCS 5/Art. 11 Div. 132 heading) DIVISION 132.
BETTERING SOURCE OF CITY WATER SUPPLY
|
(65 ILCS 5/11-132-1) (from Ch. 24, par. 11-132-1)
Sec. 11-132-1.
All cities owning or operating waterworks under any charter
granted by an act of any General Assembly of this state, or under the
general incorporation laws of this state, whether by boards of water
commissioners or by officers appointed for that purpose, have the powers
and privileges granted by Section 11-132-2, for the purpose of increasing
or bettering the source of supply from which their water is obtained.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-132-2) (from Ch. 24, par. 11-132-2)
Sec. 11-132-2.
Whenever, in the judgment of a majority of any board of
water commissioners, or if there is no such board, whenever in the judgment
of a majority of the city council of any city specified in Section
11-132-1, it is necessary for the public health, or for any other cause, to
increase the source of water supply, or to substitute for it such better
source as in their judgment the interests of the city may demand, the board
of water commissioners or the city council may dig wells, either by boring
or excavation, and protect and equip them, or they may lease water
privileges from persons owning wells already or hereafter to be dug.
Subject to the provisions of Section 11-132-3, the board of water
commissioners or the city council may pay for the boring, excavation, or
lease, and for the expenses incurred in maintaining and operating the
wells, only out of the surplus earnings of the city's waterworks.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-132-3) (from Ch. 24, par. 11-132-3)
Sec. 11-132-3.
No money, except the specified surplus earnings, shall
be expended under the provisions of Section 11-132-2, for the purposes
therein specified, until the question of the expenditure of the money
has been certified by the clerk submitted to a vote of the electors of the
city, and has received a favorable majority of the votes cast on the question.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 133 heading) DIVISION 133.
WATERWORKS CERTIFICATES OF
INDEBTEDNESS
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(65 ILCS 5/11-133-1) (from Ch. 24, par. 11-133-1)
Sec. 11-133-1.
Any municipality with a population of 500,000 or more,
owning and operating its waterworks system, may pay for improving and
extending that system by the issuance and sale of certificates of
indebtedness of the municipality. These certificates shall 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 semi-annually, and shall mature within 25 years from the date
thereof; provided that any certificate issued and sold subsequent to
December 31, 1965, shall mature within 40 years from the date of issuance.
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.
This amendatory Act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-133-2) (from Ch. 24, par. 11-133-2)
Sec. 11-133-2.
The corporate authorities of any municipality availing itself of the
provisions of this Division 133, shall adopt an ordinance describing in a
general way the improvements and extensions to be made and refer to the
plans and specifications therefor prepared for that purpose. These plans
and specifications shall be open to the inspection of the public. This
ordinance shall set out the estimated cost of the improvements and
extensions and shall fix the amount of certificates proposed to be issued,
the maturity, interest rate, and all details in respect thereof. After this
ordinance has been adopted and approved, it shall be published once in a
newspaper published and having a general circulation in the municipality.
This ordinance shall be in effect after the expiration of 10 days from the
date of this publication.
Certificates of indebtedness issued under this Division 133, shall be
payable solely from the revenue derived from the waterworks system, and
these certificates shall not in any event constitute an indebtedness of the
municipality within the meaning of the constitutional limitation. It shall
be plainly stated on the face of each certificate that it has been issued
under the provisions of this Division 133, and that it does not constitute
an indebtedness of the municipality within any constitutional or statutory
limitation. The total amount of these certificates that may be issued
during the 8 years' period of 1958 to 1965 both inclusive, shall not exceed
$150,000,000, which certificates may be issued from time to time within the
8 years' period. The total amount of these certificates that may be issued
during the six year period of 1966 to 1971 both inclusive, shall not exceed
$60,000,000 which certificates may be issued from time to time within the
six year period. The total amount of these certificates that may be issued
in the year 1972 shall not exceed $5,000,000 and in the year of 1973 and
each year thereafter shall not exceed $10,000,000.
This amendatory Act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 78-211.)
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(65 ILCS 5/11-133-3) (from Ch. 24, par. 11-133-3)
Sec. 11-133-3.
Whenever certificates of indebtedness are issued pursuant to
this Division 133, the entire revenue received from the operation of the
waterworks system shall be deposited in a separate fund, designated as the
water fund of the municipality of ..... This fund shall be used only in
paying (1) the cost of maintenance and operation of the waterworks system,
(2) obligations of the municipality theretofore issued that are payable by
their terms from this revenue, whether in the form of certificates, bonds,
or otherwise, and (3) certificates issued pursuant to this Division 133.
Rates charged for water shall be sufficient to pay the cost of
maintenance and operation and to pay the principal of and interest upon all
of the specified certificates and bonds. These rates shall not be reduced
while any of these certificates or bonds are unpaid.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-133-4) (from Ch. 24, par. 11-133-4)
Sec. 11-133-4.
In case any officer whose signature appears on the specified
certificates or the coupons attached thereto ceases to hold his office
before the delivery of the certificates to the purchaser, his signature
nevertheless shall be valid and sufficient for all purposes, to the same
effect as if he had remained in office until the delivery of the
certificates. The specified certificates shall have all the qualities of
negotiable paper under the law merchant and the negotiable instruments law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 134 heading) DIVISION 134.
WATER FILTRATION IN CITIES WITH
25,000 TO 500,000 INHABITANTS
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(65 ILCS 5/11-134-1) (from Ch. 24, par. 11-134-1)
Sec. 11-134-1.
Any city with a population of 25,000 or more but less than
500,000 which owns or operates its waterworks system, may contract with any
person for the filtration and treatment of its water supply.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-134-2) (from Ch. 24, par. 11-134-2)
Sec. 11-134-2.
The city council of any city availing itself of the
provisions of this Division 134, shall adopt an ordinance, incorporating
therein the contract to be entered into and authorizing the execution
thereof on behalf of the city. The contract, among other things, (1) shall
describe in a general way the plans and equipment to be constructed for the
purpose of such filtration and treatment, (2) shall refer to and make a
part thereof the plans and specifications for the plants and equipment, (3)
shall provide for the manner, terms, and conditions upon which the water is
to be filtered and treated, (4) shall provide for and fix the rate at which
the water will be filtered and treated, and (5) may prescribe a method of
redetermining that rate in the event such redetermination is provided for
by the terms of the contract. The rate so fixed and the method so
prescribed for redetermining the rate shall not be modified during the term
of the contract without the consent of both the city and the other
contracting party.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-134-3) (from Ch. 24, par. 11-134-3)
Sec. 11-134-3.
Such a contract may provide that the city has the right, at
its option, to acquire the filtration and treatment plants and equipment to
be constructed, upon the terms and conditions therein set forth. Filtration
and treatment plants and equipment so acquired by any city shall become a
part of its waterworks system, and the revenue derived therefrom shall be
deposited at all times in the water fund of the city provided for in
Section 11-134-5, for the uses and purposes therein specified.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-134-4) (from Ch. 24, par. 11-134-4)
Sec. 11-134-4.
At all times during the term of such a contract the city
shall establish, maintain, and collect rates for water supplied or
delivered to its water consumers sufficient to enable the city to pay for
all water filtered and treated under the terms of the contract at the rates
therein provided for. But this provision does not relieve the city from any
obligation to maintain such other rates as may be imposed upon it under the
terms of any other statutory provision or contract.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-134-5) (from Ch. 24, par. 11-134-5)
Sec. 11-134-5.
During the term of such a contract, the entire revenue
received by the city from the operation of its waterworks system shall be
deposited in a separate fund designated as the water fund of the city of
..... This fund shall be used only in paying, first, the cost of
maintenance and operation of the waterworks system, and then the
obligations, in whatever form, of the city that are payable by their terms
from that revenue. All charges or payments required to be paid by the city
under such a contract for the filtration and treatment of its water supply
shall be deemed to be part of the cost of maintenance and operation of its
waterworks system.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-134-6) (from Ch. 24, par. 11-134-6)
Sec. 11-134-6.
The performance of the terms and the observance of the
provisions of such a contract for the filtration and treatment of the water
supply of such a city may be enforced in any civil action, mandamus, injunction or
other proceeding.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-134-7) (from Ch. 24, par. 11-134-7)
Sec. 11-134-7.
All charges or payments to be made by any city under such a
contract for the filtration and treatment of its water supply shall be made
solely out of revenue derived by the city from the operation of its
waterworks system. The obligation of the city to make payments under such a
contract is limited solely to that revenue and does not constitute an
indebtedness to the city within the meaning of any constitutional or
statutory limitation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-134-8) (from Ch. 24, par. 11-134-8)
Sec. 11-134-8.
Sections 11-134-1 through 11-134-7, without reference to any
other statutory provisions, authorize any city with a population of 25,000
or more but less than 500,000 to enter into a contract for the purpose
declared in those sections without submitting a proposition for the
approval of the contract to the electors of the city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 135 heading) DIVISION 135.
JOINT ACQUISITION AND OPERATION
OF WATER SUPPLY AND WATERWORKS
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(65 ILCS 5/11-135-1) (from Ch. 24, par. 11-135-1)
Sec. 11-135-1.
Any 2 or more municipalities, except cities of 500,000 or
more inhabitants, may acquire either by purchase or construction a
waterworks system or a common source of supply of water, or both, and may
operate jointly a waterworks system or a common source of supply of water,
or both, and improve and extend the same, as provided in this Division 135.
The corporate authorities of the specified municipalities desiring to avail
themselves of the provisions of this Division 135 shall adopt a resolution
or ordinance determining and electing to acquire and operate jointly a
waterworks system or a common source of supply of water or both, as the
case may be. Such resolution or ordinance may be rescinded at any time
prior to the issuance and sale of revenue bonds and after the rescinding
municipality has no outstanding obligation to pay a proportionate share
of the costs of development, construction or operation.
Any municipality adopting a resolution or ordinance to acquire and
operate jointly a waterworks system or a common source of supply of water,
or both, as the case may be, under the provisions of this Division 135, is
authorized from time to time to pay, to advance or to obligate itself to
the Commission, to bear a proportionate share of the development costs of
any project proposed by the Commission including plans, feasibility reports
and engineering even though the project is never constructed or water is
never supplied by the Commission to such municipality.
Whenever any municipality determines to pay, to advance or to obligate
itself for its proportionate share of development costs as above provided,
it shall adopt an ordinance declaring its intention to do so, fix the maximum
amount of its share of the cost it proposes to pay, to advance or to obligate
itself for, and the period over which it proposes to pay its obligation
(not exceeding 5 years) and the maximum amount to be paid annually, if such
obligation is to be paid in installments. The time of payment of any such
installment obligation may be extended for a period of not exceeding five years
from the final maturity date of the original obligation.
From and after such ordinance becomes effective, it shall be the duty of
the municipality to include an amount sufficient to pay the annual installments
of its obligation each year in the next succeeding appropriation ordinances. No
prior appropriation shall be required for a municipality to authorize the
payments, advances or obligations herein provided for.
Whenever any municipality has obligated itself for development costs as
herein provided and after the effective date of the ordinance under which
it obligated itself for a specific amount for development costs of a
project and after approval of such obligation by the Commission, the
Commission is authorized to borrow funds temporarily for payment of such
development costs in advance of permanent financing. The Commission may
from time to time and pursuant to an appropriate resolution borrow money
and issue its interim notes to evidence borrowings for such purpose,
including all necessary and incidental expenses in connection therewith.
Any resolution authorizing the issuance of such notes shall describe the
project and the development costs to be undertaken, specify the principal
amount, rate of interest as authorized under Section 2 of "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and
tax anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, and the maturity
date which shall coincide with the due date of the obligations or the
installments thereof incurred by the respective municipalities pursuant to this
Section not, however, to exceed 5 years from date.
Contemporaneously with the issuance as provided by this Division of revenue
bonds, all outstanding interim notes issued for development costs of a project
though they have not then matured shall be paid, both principal and interest
to date of payment, from funds derived from the sale of revenue bonds for
the permanent financing of any such project for which interim notes may
have been issued and such interim notes shall be surrendered and cancelled.
Any municipality adopting a resolution or ordinance to acquire and operate
jointly a waterworks system or a common source of supply of water, or both,
as the case may be, under the provisions of this Division 135 is further
authorized from time to time, to pay, to advance or to obligate itself to
the Commission to bear, a proportionate share of the construction and operating
costs of any project proposed by the Commission.
Whenever a municipality determines to pay, to advance or to obligate itself
for its proportionate share of construction or operating costs as above
provided, it shall adopt an ordinance declaring its intention to do so,
fix the maximum amount of its share of the cost it proposes to pay, to advance
or to obligate itself for, and the period over which it proposes to pay its
obligation and the maximum amount to be paid annually, if such obligation is to
be paid in installments. From and after such ordinance becomes effective, it
shall be the duty of the municipality to include an amount sufficient to pay
the annual installments of its obligation each year in the next succeeding
appropriation ordinances. No prior appropriation shall be required for a
municipality to authorize the payments, advances or obligations herein provided
for.
Whenever any municipality has paid, advanced or obligated itself for
development, construction or operating costs as herein provided, the Commission
is authorized to contract with such municipality, on such terms as may be
agreed, for the repayment to such municipality by the Commission of any payment
or advance made by such municipality to the Commission to charge, in addition
to all other charges and rates authorized under the provisions of this
Division, such rates and charges for water sold by the Commission as shall be
necessary to provide for such repayment. In addition, any payment or advance
of such costs made by a municipality pursuant to this Section may be repaid by
the Commission to the municipality from the proceeds of revenue bonds
authorized to be issued by the Commission pursuant to this Division 135.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
Sec. 11-135-2.
Upon the adoption of such an ordinance or resolution
by the corporate authorities of any such municipality, the mayor or
president, with the approval of the corporate authorities, shall appoint
a commissioner.
If under Section 11-135-3 a water commission meets the participatory
requirements, that water commission shall appoint a commissioner.
The commissioners so appointed by each of such
municipalities and participatory water commissions together with a like
commissioner appointed by the
presiding officer of the county board with the advice and consent of the
county board of the county in which the major part of the works of the
water commission are, or are to be, located, shall constitute a
commission and public corporation with the powers and duties specified
in this Division 135. The corporate name of the commission shall be
"(here insert an appropriate name indicative of the area) Water Commission"
and as such the
Commission may contract and be contracted with, and sue and be sued.
The commissioners so appointed shall serve for a term of 6 years, or until
their successors have been appointed and have qualified in the same manner
as the original appointments, except that the commissioners first appointed
shall determine by lot at their first meeting the respective commissioners
whose terms shall be for 2, 4 and 6 years from the date of that meeting.
Each commissioner appointed by a mayor or president shall be an elector
or the chief administrator of the municipality for which he acts as
commissioner,
and the commissioner appointed by the presiding officer of the county board
shall be an elector of the county in which the major works of the water
commission are, or are to be, located. Any commissioner so appointed may
be a member of the governing board or officer or employee of the municipality
or county from which the appointment is made. A commissioner is eligible
for reappointment upon the expiration of his term. A vacancy shall be filled
for the balance of the unexpired term of the person who has ceased to hold
office by the mayor, president or county board presiding officer who initially
made such appointment in the same manner as the original appointment. Each
commissioner shall receive the same compensation, as determined by the
appointing authority, which shall not be more
than $2,000 per year, except that no commissioner who is a
member of the governing
board or officer of the municipality or county from which the
appointment
is made may receive any compensation for serving as commissioner. Each
commissioner shall furnish a bond for the faithful performance of his
official duties. This bond shall not be less than $5,000 and its costs
shall be paid by the commission.
Each commissioner may be removed for any cause for which any other
municipal officer may be removed. No commissioner, or employee of the
commission, and no mayor, or president, or other member of the corporate
authorities, or any employee of any of the municipalities, shall be
interested directly or indirectly in any contract or job of work or
materials, or the profits thereof, or services to be performed for or by
the commission.
A violation of any of the foregoing provisions of this section is a
Class C misdemeanor. A conviction is cause for the removal of a person
from his office or employment.
(Source: P.A. 90-517, eff. 8-22-97; 91-659, eff. 12-22-99.)
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(65 ILCS 5/11-135-3) (from Ch. 24, par. 11-135-3)
Sec. 11-135-3.
Such a commission shall organize by appointing a
chairman from its own members and a clerk and treasurer, who need not be
commissioners. It shall adopt its own rules of procedure and provide
for its meetings. The commission has full and complete supervision,
management, and control of the waterworks system, or the common source
of supply of water, or both, as provided in the ordinances or
resolutions for acquiring and operating the same, and in their
maintenance, operation, and extension. The commission is authorized to
contract with the municipalities which established the commission for a
supply of water to those municipalities, for a period not exceeding 50
years, and the corporate authorities of those municipalities are
authorized to enter into contracts with the commission.
The commission is authorized to develop, promote and provide for
recreational facilities on property acquired in and for the operation of
its common source of supply of water and to include reasonable charges
for such recreational facilities as part of the cost of operation and
maintenance of the waterworks system.
Any 2 or more water commissions organized under this Division 135
may, by resolution adopted by each commission and ratified by the
corporate authorities of each of the municipalities comprising each of
the water commissions agree to the joint purchase, construction,
operation, improvement or extension, or any combination thereof, of
either or both a waterworks system and a common source of supply of
water for those commissions. When such an agreement has been executed,
the water commissions entering into that agreement may jointly issue
revenue bonds for the projects subject to the agreement in the same
manner and subject to the same conditions as are provided in this
Division 135 in the case of an individual water commission.
Any additional municipality or water commission may join and become a
part of the system
provided for in this Division 135 in the same manner as if participating
at the time of formation if approved by majority vote of the water
commissioners and such approval is ratified by resolution of the corporate
authorities of a majority of the municipalities or water commissions
constituting
the commission; except that if a system is composed of two municipalities,
only the approval of a majority of the water commissioners is required to
accept an additional municipality or water commission to the system. If a
municipality or water commission has
been a continuous customer of the same water commission for a minimum of
20 years, receives at least 90% of its water from the water commission,
and the population of the municipality or water commission
exceeds
20% of the population of
the then current member municipalities in the water commission, that
municipality or water commission
shall become a part of the system.
In such event the name of the water commission may be
changed either to include the joining municipality's or water
commission's name or to provide
another name that is indicative of the area. The
membership of the
water commission shall be enlarged to include a member from such joining
municipality or water commission.
(Source: P.A. 91-659, eff. 12-22-99.)
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(65 ILCS 5/11-135-3.5) Sec. 11-135-3.5. Additional powers. In addition to any other powers set forth in this Division, a water commission organized under this Division has the following powers:
(1) The power to enter into intergovernmental police | ||
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(2) The power to enter into intergovernmental | ||
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(Source: P.A. 94-123, eff. 1-1-06.) |
(65 ILCS 5/11-135-4) (from Ch. 24, par. 11-135-4)
Sec. 11-135-4.
A commission may from time to time issue its revenue
bonds in such principal amounts as the commission shall deem necessary to
provide sufficient funds to carry out any of its corporate purposes and
powers, including, without limitation, developing, acquiring, constructing,
extending or improving a waterworks system or common source of supply of
water, or any combination thereof, the funding or refunding of the principal
of, redemption premium, if any, and interest on, any bonds issued by it
whether or not such bonds or interest to be funded or refunded have or have
not become due, the payment of engineering, legal and other expenses, together
with interest to a date one year subsequent to the estimated date of completion
of the project, the establishment or increase of reserves to secure or to
pay such bonds and interest thereon, the providing of working capital and
the payment of all other costs or expenses of the commission incident to
and necessary or convenient to carry out its corporate purposes and powers.
These bonds shall have all the qualities of negotiable instruments under
the laws of this State and shall not constitute indebtedness of any of the
municipalities constituting the commission.
Every issue of bonds of such commission shall be payable out of the revenues
to be derived pursuant to contracts with the specified municipalities and
participating water commissions or
by virtue of the operation of any properties acquired or to be acquired
or constructed. A commission may issue such types of bonds as it may
determine,
including bonds as to which the principal and interest are payable exclusively
from the revenues from one or more projects, or from an interest therein
or a right to the products and services thereof, or from one or more revenue
producing contracts made by the commission, or its revenues generally.
Any such bonds may be additionally secured by a pledge of any grant, subsidy,
or contribution from the United States, the State of Illinois, or any unit
of local government, or any combination thereof.
Before the treasurer of the commission is entitled to receive the proceeds
of the sale of such a bond issue, he shall supply a corporate surety bond
in an amount equivalent to the amount of funds to be derived from the sale
of the bonds, and, in addition thereto, he shall supply a separate corporate
surety bond for the faithful accounting of any funds that may come into
his possession in an amount equal to the amount of funds likely to come
into his hands in any one year from the revenue to be derived from the operation
of any of the properties of the commission. The cost of these surety bonds
shall be paid by the commission.
The revenue bonds shall be issued pursuant to an ordinance or resolution
and may be issued in one or more series, and shall bear such date or dates,
mature at such time or times within the estimated period of usefulness of
the project involved and in any event not more than 50 years from the date
thereof, bear interest at such rate or rates as authorized under Section
2 of "An Act to authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as now or hereafter amended,
which rates may be fixed or variable, be in such denominations, be in such
form, either coupon or registered, carry such conversion, registration,
and exchange privileges, have such rank or priority, be executed in such
manner, be payable in such medium of payment at such place or places within
or without the State of Illinois, be subject to such terms of redemption
with or without premium, and contain or be subject to such other terms as
the ordinance or resolution may provide, and shall not be restricted by
the provisions of any other law limiting the amounts, maturities, interest
rates, or other terms of obligations of public agencies or private persons.
The bonds shall be sold in such manner as the commission shall determine,
at private or public sale. It shall not be
necessary that the ordinance or resolution refer to plans and specifications
nor that there be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the
project. This ordinance or resolution may contain such covenants and
restrictions in relation to the operation of the properties under the
control of the commission and the issuance of additional revenue bonds
thereafter as may be deemed necessary or advisable for the assurance of
payment of the bonds thereby authorized and as may be thereafter issued.
It shall be plainly stated on the face of each bond that it does not
constitute an indebtedness of any municipality represented by the
commission within the meaning of any statutory or constitutional
limitation. Upon the issuance of revenue bonds, the revenue of the
commission derived pursuant to contracts entered into for the sale of
water to the specified municipalities and from the operation of its
properties, shall be accounted for as provided in the ordinance or
resolution authorizing the issuance of the bonds. Any commission created
under the provisions of this Division 135 may also issue new bonds for
the purpose of providing funds for the payment of unpaid bonds in
accordance with the procedure prescribed by this Division 135.
The amendatory Acts of 1971, 1972, 1973, 1975 and 1981
are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 91-659, eff. 12-22-99.)
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(65 ILCS 5/11-135-4.5) Sec. 11-135-4.5. Alternate Bonds. From time to time, a commission may, after meeting all of the conditions set forth in Section 15 of the Local Government Debt Reform Act, issue alternate bonds as authorized under Section 15 of the Local Government Debt Reform Act.
(Source: P.A. 96-907, eff. 6-7-10.) |
(65 ILCS 5/11-135-5) (from Ch. 24, par. 11-135-5)
Sec. 11-135-5.
Whenever bonds are issued under this Division 135 the
revenue received from the operation of the properties under the control
of the commission shall be set aside as collected and deposited in a
separate fund to be used only (1) in paying the cost of the operation
and maintenance of those properties, (2) in providing an adequate
depreciation fund, (3) in paying the principal of and interest upon the
revenue bonds issued by the commission, as provided by this Division
135, (4) to comply with the covenants of the ordinance or resolution authorizing
the issuance of such bonds, and (5) to carry out the corporate purposes
and powers of the commission.
In case the commission has charge of the operation of a complete
waterworks system, including the distribution mains, the commission
shall establish rates and charges for water which shall be sufficient at
all times to pay the cost of operation and maintenance, to provide an adequate
depreciation fund, to pay the principal of and interest upon all
revenue bonds issued as provided by this Division 135, to comply with
the covenants of the ordinance or resolution authorizing the issuance of
such bonds, and to carry out the corporate purposes and powers of the commission.
Charges and rates shall be established, revised, and maintained by ordinance
and become payable as the commission may determine by ordinance.
In case the commission has charge of the operation of a common source of
supply of water, the municipalities represented by the commission shall
contract with the commission for water. These municipalities shall establish
such charges and rates for water supplied by them to consumers as will be
sufficient at all times (1) to pay the cost of operation and maintenance
of the respective waterworks systems (or waterworks and sewerage systems,
where combined) of the municipalities, (2) to provide an adequate depreciation
fund therefor, (3) to pay the principal of and interest on all
revenue bonds of the municipalities payable from the revenues of the waterworks
system (or combined waterworks and sewerage system), and (4) to pay the
charges and rates established by the commission for the sale of water by
the commission to those municipalities. The commission shall
establish such charges and rates for water supplied to those municipalities
as will be sufficient at all times (1) to pay the cost of operation and
maintenance of the common source of supply of water, (2) to provide an adequate
depreciation fund therefor, (3) to
pay the principal of and interest on the revenue bonds issued by the
commission, (4) to comply with the covenants of the ordinance or resolution
authorizing the issuance of such bonds, and (5) to carry out the corporate
purposes and powers of the commission, under the provisions of this Division
135. Contracts
entered into between the commission and the specified municipalities shall
include covenants for the establishment of rates and charges as
provided in this section.
Municipality contributions to the Illinois Municipal Retirement Fund,
by commissions created under this Division 135 which have been included
under that Fund, shall be considered a cost of operation and maintenance
for the purposes of this Section.
Any holder of a bond or of any of its coupons, issued under this
Division 135, in any civil action, mandamus, or other proceeding, may
enforce and compel performance of all duties required by this Division
135 to be performed by such a commission or by any of the
municipalities, including the making of rates and charges, the
collecting of sufficient revenue, and the application thereof, as
provided in this Division 135.
All contracts for the construction of a waterworks system or of a
common source of supply of water, or both, to be let by such a
commission, shall be entered into only after advertising for bids,
pursuant to a resolution to be adopted for that purpose by the
commission. A notice inviting bids shall be published in a newspaper
published and having a general circulation in the county or counties in
which the municipalities represented by the commission are located, not
more than 30 nor less than 15 days in advance of the receipt of the
bids. The notice shall be published at least twice. In the resolution
directing the advertising for bids the commission also shall establish
all requirements necessary for the bidding, for the awarding of
contracts, and for the approval of contractors' faithful performance
bonds.
(Source: P.A. 82-641.)
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(65 ILCS 5/11-135-6) (from Ch. 24, par. 11-135-6)
Sec. 11-135-6. Whenever such commission shall pass an ordinance for the
construction or acquisition of any waterworks properties, or improvements
or extension or mains, pumping stations, reservoirs or other appurtenances
thereto, which such commission is authorized to make, the making of which
will require that private property be taken or damaged, such commission may
cause compensation therefor to be ascertained and may condemn and acquire
possession thereof in the same manner as nearly as may be, as provided for
the exercise of the right of eminent domain under the Eminent Domain Act. However,
proceedings to ascertain the compensation to be paid for taking or damaging
private property shall in all cases be instituted in the circuit court
of the county where the property sought to be taken or damaged is situated.
In addition, when a Water Commission created under the Water Commission
Act of 1985, as amended, requires that public property be taken or damaged
for the purposes specified above, such commission may condemn and acquire
possession of public property and cause compensation for such public
property to be ascertained in the same manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act, during such time as the Commission has the power to
initiate action in the manner provided by Article 20 of the Eminent Domain Act (quick-take procedure).
In the event a Commission created under the Water Commission Act of
1985 shall determine that negotiations for the acquisition of property or
easements for making any
improvement which such Commission is authorized to make have proven
unsuccessful and the Commission shall have by resolution adopted a schedule
or plan of operation for the execution of the project and therein made a
finding that it is necessary to take such property or easements immediately
or at some specified later date in order to comply with the schedule, the
Commission may commence proceedings to acquire such property or easements
in the same manner provided in Article 20 of the Eminent Domain Act (quick-take procedure); except that if the property or easement is
located in a municipality having more than 2,000,000 inhabitants, the
Commission may not commence such proceedings until the acquisition has been
approved by ordinance of the corporate authorities of the municipality.
Any commission has the power to acquire, hold, sell, lease as lessor or
lessee, transfer or dispose of real or personal property, or interest
therein, as it deems appropriate in the exercise of its powers for its
lawful purposes. When, in the opinion of a commission, real estate owned by
it, however acquired, is no longer necessary, appropriate, required for
the use of, profitable to, or for best interest of the commission, such
commission may, by resolution, lease such surplus real estate for a period
not to exceed 99 years, or sell such surplus real estate, in accordance
with procedures adopted by resolution by such commission.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-135-7) (from Ch. 24, par. 11-135-7)
Sec. 11-135-7.
Such commission may construct, maintain, alter and extend
its water mains as a proper use of highways along, upon, under and across
any highway, street, alley or public ground in the state, including
highways within a municipality, but so as not to inconvenience the public
use thereof, and such commission may construct, maintain and operate any
conduit or conduits, water pipe or pipes, wholly or partially buried or
otherwise in, upon and along any of the lands owned by the State of
Illinois and under any of the public waters therein. However, the right,
permission and authority hereby created shall be subject to all public
rights of commerce and navigation and the authority of the United States in
behalf of such public rights and also the laws of the State of Illinois to
regulate and control the same. Notice shall be given to the highway
authorities of any municipality, county, township, road district or
township district in which such highway, street or public way may be
situated at least 60 days before any construction or installation work in
such highway or street shall commence. All laws and ordinances pertaining
to such work for the protection of the public and of public property shall
be complied with except that no fee may be charged such commission for the
construction or installation of such facilities in such public places.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-135-8) (from Ch. 24, par. 11-135-8)
Sec. 11-135-8.
Such commission shall have the right to supply water
to any municipality, political subdivision, private person or
corporation, in addition to the municipalities which have formed the
commission, and to construct water transmission and distribution lines within
a radius of 25 miles outside the
corporate limits of member municipalities for the purpose of furnishing
water to any additional entities which contract with the commission for
a supply of water, upon such payment, terms and conditions as may be
mutually agreed upon. In addition to the foregoing powers, if there is
any municipality within a radius of 25 miles of the corporate limits of
the commission which desires not to own or operate a waterworks system,
and such municipality adopts an ordinance requesting the Commission to supply
water for public and domestic use within such municipality, then any such
commission may, when determined by the Commissioners to be in the public
interest and necessary for the protection of the public health or in the
best interest of the Commission or its environs, enter into and perform
contracts, whether long term or short term, with any such municipality,
to acquire, construct and operate and maintain its waterworks properties
within the corporate limits of such municipality for the purpose of supplying
water for public and domestic use to the inhabitants thereof.
Such commission shall have the power to contract with any person,
corporation or political subdivision or any municipal corporation or
other agency for a supply of water, or to supply water to such person,
corporation, municipal corporation or political subdivision. Any such
contract made by a commission for a supply of water may contain
provisions whereby the
commission is obligated to pay for such supply of water without setoff or
counterclaim and irrespective of whether such supply of water is ever
furnished, made available or delivered to the commission or whether any
project for the supply of water contemplated by any such contract is
completed, operable or operating and notwithstanding any suspension,
interruption, interference, reduction or curtailment of the supply of
water from such project. Any such contract may provide that if one or more
of the other purchasers defaults in the payment of its obligations under
such contract or similar contract made with the supplier of the water, one
or more of the remaining purchasers party to such contract or such similar
contract shall be required to pay for all or a portion of the obligations
of the defaulting purchasers. Any such
contract entered into to supply water to a municipal corporation or
political subdivision shall provide that the payments to be made
thereunder shall be solely from the revenues to be derived by such
municipality or political subdivision from the operation of the
waterworks system of such municipality or political subdivision, and
said contract shall be a continuing, valid and binding obligation of the
municipality or political subdivision, payable from such revenues for
such period of years, not to exceed 40, as may be provided in such
contract. Any such contract shall not be a debt within the meaning of
any statutory or constitutional limitations.
No prior appropriation shall be required before entering into such
contract, and no appropriation shall be required to authorize payments
to be made under the terms of any such contract, notwithstanding any
provision of this Code to the contrary.
The changes in this Section made by this amendatory Act of 1984 are
intended to be declarative of existing law.
(Source: P.A. 83-1123.)
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(65 ILCS 5/11-135-9) (from Ch. 24, par. 11-135-9)
Sec. 11-135-9.
Whenever a water commission has been constituted pursuant to
this Division 135, was functioning as such on July 21, 1959, and thereafter
continued to exercise the powers conferred on it at the time it was so
constituted, such commission is a valid public corporation, and all acts
performed by or on behalf of such commission, or its officers or employees
are valid.
In all cases where a municipality which has adopted a resolution or ordinance
to acquire and operate jointly a waterworks system or a common source of
supply of water, or both, as the case may be, under the provisions of this
Division 135, thereby becoming a member of a water commission, has heretofore
adopted an ordinance repealing the aforesaid resolution or ordinance and
declaring the termination of membership and withdrawal of such municipality
from said water commission; and the said water commission has not at the
time of such ordinance acquired a waterworks system or common source of supply
of water, as the case may be; and the said water commission duly adopts
a resolution finding that the withdrawal of such municipality will not burden
or adversely affect the remaining members of said water commission in their
efforts to acquire and operate jointly a waterworks system or a common source
of supply of water or both, as the case may be, and consenting to the withdrawal
of such municipality, each such resolution is hereby made a legal and valid
consent to the withdrawal of such municipality from the said water commission
and such withdrawal is hereby declared legal and valid and effective, and
such municipality is hereby declared legally and validly withdrawn from
the said water commission and no longer a member or a part of the system
and all such water commissions are hereby declared legally and validly
organized and established water commissions, and valid and existing water
commissions and public corporations under the provisions of Division 135,
notwithstanding any such withdrawal.
All actions taken prior to the effective date of this Act by any water
commission which has heretofore consented to the withdrawal of one or more
of its members in accordance with the procedures described herein, which
actions were otherwise valid but for the invalidating effect of the membership
or withdrawal from membership of the withdrawing community or communities
upon any quorum, voting or other requirement based upon the number of commissioners
or commission members, are hereby declared effective, legal and valid, notwithstanding
any lack of compliance with any such quorum, voting or other requirement
imposed by law or by the rules of the said commission.
(Source: P.A. 82-641.)
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(65 ILCS 5/11-135-10) (from Ch. 24, par. 11-135-10)
Sec. 11-135-10.
The provisions of this Division 135 are subject to the
terms and provisions of the Water Commission Act of 1985, as now or
hereafter amended.
(Source: P.A. 84-1308.)
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(65 ILCS 5/Art. 11 Div. 135.5 heading) DIVISION 135.5. REGIONAL WATER COMMISSIONS
(Source: P.A. 102-684, eff. 12-16-21.) |
(65 ILCS 5/11-135.5-1) Sec. 11-135.5-1. References to Division. This Division may be referred to as the Regional Water Commissions Act.
(Source: P.A. 102-684, eff. 12-16-21.) |
(65 ILCS 5/11-135.5-5) Sec. 11-135.5-5. Findings. The General Assembly finds that: (1) It is necessary and in the public interest to | ||
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(2) Because of a need to provide such municipalities | ||
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(3) It is not the intent of the General Assembly to | ||
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(4) It is in the State's best interest to provide for | ||
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(Source: P.A. 102-684, eff. 12-16-21.) |
(65 ILCS 5/11-135.5-7) Sec. 11-135.5-7. Definitions. As used in this Division: "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services as required and the labor, materials, equipment, and other construction services for the project. "Design-build contract" means a contract for a public project under this Division between a commission and a design-build entity to furnish: architecture, engineering, land surveying, public art or interpretive exhibits, and related services, as required; and the labor, materials, equipment, and other construction services for the project. "Design-build entity" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Division. "Design professional" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989. "Evaluation criteria" means the requirements for the separate phases of the selection process as defined in this Division and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of personnel to the project, and other appropriate factors. "Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Division. "Request for proposal" means the document used by the commission to solicit proposals for a design-build contract. "Scope and performance criteria" means the requirements for the commission project, including, but not limited to, the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, and other programmatic criteria that are expressed in performance-oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal.
(Source: P.A. 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-10) Sec. 11-135.5-10. Regional water commissions. Municipalities may enter into joint efforts to acquire, develop, and operate a waterworks system or a common source of supply of water, or both, through intergovernmental cooperation in a regional water commission as provided in this Division.
(Source: P.A. 102-684, eff. 12-16-21.) |
(65 ILCS 5/11-135.5-15) Sec. 11-135.5-15. Establishment of commission; members; initial costs and funding. (a) Establishment of commission. Two or more municipalities, at least one of which is located in whole or in part in the county of Cook, Kane, Kendall, Lake, McHenry, or Will and has 140,000 or more inhabitants at the time of establishment of a regional water commission, excluding cities of 500,000 or more inhabitants, may acquire, either by purchase or construction, a waterworks system or a common source of supply of water, or both, and may operate jointly a waterworks system or a common source of supply of water, or both, and improve and extend the same, as provided in this Division. The municipality meeting the requirement to have 140,000 or more inhabitants as required by this paragraph must have attained that population as of December 16, 2021 (the effective date of Public Act 102-684). The corporate authorities of the municipalities desiring to avail themselves of the provisions of this Division shall establish a regional water commission by adopting an ordinance determining and electing to acquire and operate jointly a waterworks system or a common source of supply of water, or both, as the case may be, and approving an intergovernmental agreement among the municipalities establishing the regional water commission. This agreement may be amended at any time upon the adoption, by the corporate authorities of all member municipalities, of ordinances approving the amendment to the agreement. (b) Addition or withdrawal of members; dissolution. The agreement may provide for additional municipalities to join the commission upon adoption of an ordinance by the corporate authorities of the joining municipality and, upon such consents, conditions, and approvals of the board of commissioners and of existing member municipalities as shall be provided in the agreement. The agreement shall provide the manner and terms on which a municipality may withdraw from membership in the commission and on which the commission may terminate and dissolve in whole or in part. (c) Filing of agreement. Promptly upon entering into the agreement or any amendment to it, a copy of such agreement or amendment shall be filed in the office of the Secretary of State. Promptly upon the addition or withdrawal of a municipality, or, upon the dissolution of the commission, that fact shall be certified by an officer of the commission to the Secretary of State. (d) Development costs. A municipality whose corporate authorities adopted an ordinance and approved an intergovernmental agreement to acquire and operate jointly a waterworks system or a common source of supply of water, or both, as the case may be, under the provisions of this Division, may from time to time pay, advance, or obligate itself to the commission to bear a proportionate share of the development costs, including principal and interest, of any project proposed by the commission, including plans, feasibility reports, and engineering, even if the project is never constructed or water is never supplied by the commission to such municipality. Whenever the corporate authorities of a municipality determine that the municipality will pay, advance, or be obligated for its proportionate share of development costs as provided in this subsection, they shall adopt an ordinance declaring their intention that the municipality will do so, fix the maximum amount of the municipality's share of the cost the municipality proposes to pay or that the municipality will advance or to obligate the municipality for, and fix the period over which it is proposed to pay the obligation (not exceeding 10 years), if such obligation is to be paid in installments. The time of payment of any such installment obligation may be extended for a period not exceeding 10 years from the final maturity date of the original obligation. On and after the date such ordinance becomes effective, the municipality shall include an amount sufficient to pay the annual installments of its obligation each year in the next succeeding appropriation ordinances. The commission may require that if any such municipality whose corporate authorities determined to pay, to advance, or to obligate the municipality to the commission for development costs defaults in such payments, advances, or obligations, then the remaining municipalities whose corporate authorities have determined to pay, to advance, or to obligate the respective municipalities to the commission for development costs will be required to pay for all or a portion of the payments, advances by, or obligations of the defaulting municipality. No prior appropriation shall be required for the corporate authorities of a municipality to authorize the payments, advances, or obligations herein provided for. Whenever the corporate authorities of a municipality have obligated the municipality for development costs as herein provided and after the effective date of the ordinance under which the municipality became obligated for a specific amount for development costs of a project and after approval of such obligation by the commission, the commission is authorized to borrow funds temporarily for payment of such development costs in advance of permanent financing. The commission may from time to time and pursuant to an appropriate ordinance or resolution borrow money and issue its interim notes to evidence borrowings for such purpose, including all necessary and incidental expenses in connection therewith. An ordinance or resolution authorizing the issuance of such notes shall describe the project and the development costs to be undertaken and specify the principal amount, rate of interest as authorized under Section 2 of the Bond Authorization Act, and the maturity date, which shall coincide with the due date of the obligations or the installments thereof incurred by the respective municipalities pursuant to this Section not, however, to exceed 10 years from date. Contemporaneously with the issuance of revenue bonds under Section 11-135.5-30, all outstanding interim notes issued for development costs of a project though they have not then matured shall be paid, both principal and interest to date of payment, from funds derived from the sale of revenue bonds for the permanent financing of any such project for which interim notes may have been issued and such interim notes shall be surrendered and cancelled, or, in the alternative, the commission may determine to pay such interim notes out of receipts from other sources available to the commission, including grants and loans. Whenever a member municipality has incurred development costs for a project and has advanced funds or otherwise obligated itself for the payment of such costs, the commission is authorized to accept assignment of such debt instruments and the payment obligations thereunder and to thereafter make all necessary payments to meet such obligations out of receipts from other sources available to the commission, including grants and loans, or provide for credits against amounts otherwise due to the commission from the municipality, including interest on the amounts due. As used in this subsection, "development costs" means the costs of development of a project, including debt incurred and principal and interest payments, whether incurred by the commission or a member municipality. (e) Construction and operating costs. A municipality, the corporate authorities of which adopted an ordinance and approved an intergovernmental agreement to acquire and operate jointly a waterworks system or a common source of supply of water, or both, as the case may be, under the provisions of this Division, may from time to time pay, advance, or obligate itself to the commission to bear a proportionate share of the construction and operating costs of any project proposed by the commission. Whenever the corporate authorities of a municipality determine that the municipality will pay, advance, or be obligated for its proportionate share of construction or operating costs as above provided, they shall adopt an ordinance declaring their intention to do so, fix the maximum amount of the municipality's share of the cost it proposes to pay, to advance, or to obligate itself for, and fix the period over which it is proposed to pay the obligation, if such obligation is to be paid in installments. On and after the date such ordinance becomes effective, the municipality shall include an amount sufficient to pay the annual installments of its obligation each year in the next succeeding appropriation ordinances. The commission may require that if any such municipality whose corporate authorities determined that the municipality will pay, advance, or be obligated to the commission for construction or operating costs defaults in such payments, advances, or obligations, then the remaining municipalities whose corporate authorities have determined that the municipality will pay, advance, or be obligated to the commission for construction or operating costs will be required to pay for all or a portion of the payments, advances by, or obligations of the defaulting municipality. No prior appropriation shall be required for the corporate authorities of a municipality to authorize the payments, advances, or obligations herein provided for. Whenever a municipality, through its corporate authorities, has paid, advanced, or obligated the municipality for development, construction, or operating costs as herein provided, the commission may contract with the municipality, on such terms as may be agreed, for the repayment to the municipality by the commission of any payment or advance made by the municipality to the commission and to charge, in addition to all other charges and rates authorized under this Division, such rates and charges for water sold by the commission as shall be necessary to provide for such repayment. In addition, any payment or advance of such costs made by a municipality pursuant to this Section may be repaid by the commission to the municipality: (i) from the proceeds of revenue bonds authorized to be issued by the commission pursuant to this Division; (ii) out of receipts from other sources available to the commission, including grants and loans; or (iii) by the commission providing credits against amounts otherwise due to the commission from the municipality, including interest on the amounts due. Whenever a member municipality has incurred construction and operating costs for a project and has advanced funds or otherwise obligated itself for the payment of such costs, the commission is authorized to accept assignment of such debt instruments and the payment obligations thereunder and to thereafter make all necessary payments to meet such obligations: (i) from the proceeds of revenue bonds authorized to be issued by the commission pursuant to this Division; (ii) out of receipts from other sources available to the commission, including grants and loans; or (iii) by the commission providing credits against amounts otherwise due to the commission from the municipality, including interest on the amounts due. As used in this subsection, "construction and operating costs" means the costs of construction and operation of a project, including debt incurred and principal and interest payments, whether incurred by the commission or a member municipality. (f) Commission facilities. A waterworks system or a common source of supply of water, or both, purchased or constructed by the commission: (1) may be located within or without the corporate limits of any member municipality; (2) may include, or may consist of, without limitation, facilities for receiving, storing, and transmitting water from any source for supplying water to member municipalities and other purchasers of water from the commission; and (3) may include, without limitation, facilities that are developed, acquired, constructed, extended, or improved by the commission that may at any time be owned by another unit of local government if such facilities will serve the waterworks system or provide a common source of supply of water for the commission.
(Source: P.A. 102-684, eff. 12-16-21; 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-20) Sec. 11-135.5-20. Board of commissioners. (a) Appointment of commissioners. Upon the adoption of an ordinance and intergovernmental agreement by the corporate authorities of a municipality under this Division, the mayor or president, with the approval of the corporate authorities, shall appoint a commissioner. (b) Commission. The commissioners so appointed by each of the municipalities shall constitute a commission and a municipal corporation and a public body politic and corporate with the powers and duties specified in this Division. The corporate name of the commission and its duration shall be provided in the agreement, and in such name the commission may contract and be contracted with and sue and be sued. The commissioners shall be collectively referred to as a board of commissioners. (c) Term; qualifications; compensation; bonds. Each commissioner appointed by a mayor or president shall be the mayor or president or an elected member of the corporate authorities of the municipality from which the appointment is made. The agreement establishing the commission shall specify the period during which a commissioner shall hold office and may provide for the appointment of alternate commissioners from member municipalities. No commissioner may receive any compensation for serving as commissioner. Each commissioner shall furnish a bond for the faithful performance of that commissioner's official duties. This bond shall not be less than $5,000 and its costs shall be paid by the commission. (d) Removal; prohibited interests. Each commissioner may be removed by the corporate authorities of the municipality from which the commissioner was appointed for any cause for which any municipal officer may be removed. No commissioner or employee of the commission and no mayor, president, member of the corporate authorities, or employee of any of the municipalities shall be interested, directly or indirectly, in any contract or job of work or materials, or the profits thereof, or services to be performed for or by the commission. (e) Violations. A violation of this Section is a Class C misdemeanor. A conviction is cause for the removal of a person from office or employment.
(Source: P.A. 102-684, eff. 12-16-21.) |
(65 ILCS 5/11-135.5-25) Sec. 11-135.5-25. Board organization and powers. (a) Organization of board. A commission shall organize by electing a chair from among its own members and shall elect persons, who need not be commissioners, to such other offices as shall be designated in the agreement. It shall adopt its own bylaws, rules, and regulations and provide for its meetings. The commission has full and complete supervision, management, and control of the waterworks system or the common source of supply of water, or both, as provided in the agreement and ordinances for acquiring and operating the same, and in their maintenance, operation, and extension. The board of commissioners shall determine the general policy of the commission, shall approve the annual budget, shall make all appropriations (which may include appropriations made at any time in addition to those made in any annual appropriation document), shall approve all contracts for the purchase or sale of water, shall adopt ordinances or resolutions providing for the issuance of bonds or notes by the commission, shall adopt its bylaws, rules, and regulations, and shall have such other powers and duties as may be prescribed in the agreement. Such agreement may further specify the voting and approval requirements for actions regarding the commission's powers and duties, including those powers and actions of the commission which shall be authorized only upon votes of greater than a majority of all commissioners or only upon consents of the corporate authorities of a certain number of member municipalities, or both. The agreement may provide for the establishment of a technical advisory committee to consist of a municipal employee member from each member municipality as designated by ordinance or other official action, from time to time by the corporate authorities of the member municipality, and having the qualifications as prescribed in the agreement, and also may provide for such functions and duties of the committee as will support the efficient administration and operation of the commission. The board of commissioners may establish other committees from time to time, consisting of either members of the board or members who are municipal employees from each member municipality, in order to support the efficient administration and operation of the commission. (b) Water contracts to acquire water supply. A commission may contract to acquire a supply of water on such terms and conditions as it finds in the best interests of the commission for a period not exceeding 101 years. The term of the water supply contract may, at the end of the initial or extended term, be extended by an amendment, renewal, or revision beyond 101 years by further agreement of the parties. A commission may contract with any person, corporation, political subdivision, municipal corporation, or other governmental or non-governmental entity for a supply of water, and any such political subdivision, municipal corporation, or other governmental entity is authorized to enter into such a contract with the commission. A commission may accept from a municipality that is a member of the commission the assignment of a contract to acquire a supply of water and to accept and perform the duties and obligations and make all payments required pursuant to such assigned contract. A contract made by or assigned to a commission for a supply of water may contain provisions whereby the commission is obligated to pay for such supply of water without setoff or counterclaim and irrespective of whether such supply of water is ever furnished, made available, or delivered to the commission or whether any project for the supply of water contemplated by the contract is completed, operable, or operating and notwithstanding any suspension, interruption, interference, reduction, or curtailment of the supply of water from such project. No prior appropriation shall be required before entering into or accepting assignment of such contract, and no appropriation shall be required to authorize payments to be made under the terms of the contract, notwithstanding any provision of this Code to the contrary. The contract shall not be a debt within the meaning of any statutory or constitutional limitations. (c) Water contracts to provide water supply to members. The commission is authorized to contract with the municipalities which established the commission, and with other municipalities that have become members pursuant to the process established in the intergovernmental agreement, for a supply of water to those municipalities, for a period not exceeding 101 years, and those municipalities are authorized to enter into such contracts with the commission. The term of the water supply contract may, at the end of the initial or extended term, be extended by an amendment, renewal, or revision beyond 101 years by further agreement of the parties. Any such contract made by a commission and any such municipalities to supply water may contain provisions whereby the purchasing municipality is obligated to pay for such supply of water without setoff or counterclaim and irrespective of whether such supply of water is ever furnished, made available, or delivered to the purchasing municipality or whether any project for the supply of water contemplated by any such contract is completed, operable, or operating and notwithstanding any suspension, interruption, interference, reduction, or curtailment of the supply of water from such project. Any such contract may provide that if one or more of the other purchasers' defaults in the payment of its obligations under the contract or similar contract made with the supplier of the water, the remaining purchasers party to such contract or such similar contract shall be required to pay for all or a portion of the obligations of the defaulting purchaser. Each municipality that enters into such a contract shall be obligated and have the duty to include an amount sufficient to pay the annual amount of its obligation each year in the next succeeding appropriation ordinances. No prior appropriation shall be required for a municipality to authorize the payments, advances, or obligations provided for in such contracts or this subsection. (d) Water contracts to provide water supply to nonmembers and extend system. A commission may supply water to and contract with a person, corporation, political subdivision, municipal corporation, or other governmental or non-governmental entity, in addition to the municipalities which have formed the commission and other municipalities that have become members pursuant to the process established in the intergovernmental agreement, and to construct water transmission and distribution lines within a radius of 25 miles outside the corporate limits of member municipalities for the purpose of furnishing water to any additional entities which contract with the commission for a supply of water, upon such payment, terms, and conditions as may be mutually agreed upon. Any such contract shall be a continuing, valid, and binding obligation of the purchaser for such period of years, not to exceed 40, as may be provided in such contract. Any such contract entered into to supply water to a municipal corporation or political subdivision shall provide that the payments to be made thereunder shall be from the revenues to be derived by such municipality or political subdivision from the operation of the waterworks system or combined waterworks and sewer system of such municipality or political subdivision or from receipts from other sources available to the municipality or political subdivision, including grants and loans. Any such contract made by a commission and a purchaser that is such a municipal corporation or political subdivision to supply water may contain provisions whereby the purchaser is obligated to pay for such supply of water without setoff or counterclaim and irrespective of whether such supply of water is ever furnished, made available, or delivered to the purchaser or whether any project for the supply of water contemplated by any such contract is completed, operable, or operating and notwithstanding any suspension, interruption, interference, reduction, or curtailment of the supply of water from such project. The contract may provide that, if one or more of the other purchasers defaults in the payment of its obligations under such contract or similar contract made with the supplier of the water, the remaining purchasers party to such contract or such similar contract shall be required to pay for all or a portion of the obligations of the defaulting purchaser. Each municipal corporation or political subdivision that enters into such a contract shall be obligated and have the duty to include an amount sufficient to pay the annual amount of its obligation each year in the next succeeding appropriation ordinances. No prior appropriation shall be required for a municipality or political subdivision to authorize the payments, advances, or obligations provided for in such contracts or this subsection. Any such contract shall not be a debt within the meaning of any statutory or constitutional limitations. (e) Additional powers. In addition to any other powers set forth in this Division and in the agreement, a commission has the following powers: (1) The power to enter into intergovernmental | ||
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(2) The power to enter into intergovernmental | ||
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(Source: P.A. 102-684, eff. 12-16-21; 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-30) Sec. 11-135.5-30. Revenue bonds. (a) Revenue bonds; power; purposes. A commission may from time to time issue its revenue bonds in such principal amounts as the commission deems necessary to provide sufficient funds to carry out any of its corporate purposes and powers, including, without limitation: developing, acquiring, constructing, extending, or improving a waterworks system or common source of supply of water, or any combination thereof; the funding or refunding of the principal of, redemption premium on, if any, and interest on bonds issued by it, whether or not such bonds or interest to be funded or refunded have or have not become due; the payment of engineering, legal, and other expenses, together with interest to a date one year subsequent to the estimated date of completion of the project; the establishment or increase of reserves to secure or to pay such bonds and interest thereon; the providing of working capital; and the payment of all other costs or expenses of the commission incident to and necessary or convenient to carry out its corporate purposes and powers. These bonds shall have all the qualities of negotiable instruments under the laws of this State and shall not constitute indebtedness of any of the municipalities constituting the commission. (b) Source of payment. Every issue of bonds of a commission shall be payable out of the revenues to be derived pursuant to contracts with the specified municipalities and other purchasers of water or by virtue of the operation of any properties acquired or to be acquired or constructed. A commission may issue such types of bonds as it determines, including bonds as to which the principal and interest are payable from the revenues from one or more projects, or from an interest therein or a right to the products and services thereof, or from one or more revenue producing contracts made by the commission, or its revenues generally. Any such bonds may be additionally secured by a pledge of any grant, subsidy, contribution, or other revenue source from the United States, the State of Illinois, or any unit of local government, or any combination thereof. (c) Receipt of funds by treasurer. Before the treasurer of the commission is entitled to receive the proceeds of the sale of such a bond issue, the treasurer shall supply a corporate surety bond in an amount equivalent to the amount of funds to be derived from the sale of the bonds, and, in addition thereto, the treasurer shall supply a separate corporate surety bond for the faithful accounting of any funds that may come into that individual's possession in an amount equal to the amount of funds likely to come into the treasurer's hands in any one year from the revenue to be derived from the operation of any of the properties of the commission. The cost of these surety bonds shall be paid by the commission. The requirement to supply corporate surety bonds under this subsection does not apply to the extent that the proceeds of the sale of the bonds and other funds are subject to the administration of the trustee pursuant to a trust indenture with a bank or trust company. (d) Approval process; terms. The revenue bonds shall be issued pursuant to an ordinance or resolution, or, in the alternative, pursuant to a master trust indenture as well as a supplemental trust indenture with each issuance, and may be issued in one or more series, and shall bear such date or dates, mature at such time or times within the estimated period of usefulness of the project involved and, in any event, not more than 50 years from the date thereof, bear interest at such rate or rates as authorized under Section 2 of the Bond Authorization Act, which rates may be fixed or variable, be in such denominations, be in such form, either coupon or registered, carry such conversion, registration, and exchange privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment at such place or places within or without the State, be subject to such terms of redemption with or without premium, and contain or be subject to such other terms as the ordinance or resolution, or the master trust indenture or supplemental trust indenture or both, may provide, and shall not be restricted by the provisions of any other law limiting the amounts, maturities, interest rates, or other terms of obligations of public agencies or private persons. The master trust indenture and any supplemental trust indenture shall be entered into with a bank or trust company within or outside the State having trust powers and possessing capital and surplus of not less than $50,000,000. The bonds shall be sold in such manner as the commission shall determine, at private or public sale. It shall not be necessary that the ordinance or resolution, or the master trust indenture or supplemental trust indenture or both, refer to plans and specifications nor that there be on file for public inspection prior to the adoption of such ordinance or resolution, or the master trust indenture or supplemental trust indenture or both, detailed plans and specifications of the project. This ordinance or resolution, or the master trust indenture or supplemental trust indenture or both, may contain such covenants and restrictions in relation to the operation of the properties under the control of the commission and the issuance of additional revenue bonds thereafter as may be deemed necessary or advisable for the assurance of payment of the bonds thereby authorized and as may be thereafter issued. It shall be plainly stated on each bond that it does not constitute an indebtedness of any municipality represented by the commission within the meaning of any statutory or constitutional limitation. Upon the issuance of revenue bonds, the revenue of the commission derived pursuant to contracts entered into for the sale of water to the municipalities that have formed the commission and to other municipalities that have become members pursuant to the intergovernmental agreement, as well as contracts entered into with other persons, corporations, political subdivisions, municipal corporations, or other governmental or non-governmental entities and from the operation of its properties, shall be accounted for as provided in the ordinance or resolution, or the master trust indenture or supplemental trust indenture or both, authorizing the issuance of the bonds. Any commission created under the provisions of this Division may also issue bonds for the purpose of providing funds for the payment, refunding, or redemption of any of the commission's bonds or notes before, after, or at their maturity, including the payment of redemption premiums or interest accruing or to accrue on such bonds or notes being paid or redeemed, and for the payment of any installments of interest accrued or to accrue on any bond or note. (e) No limitation. The provisions of this Section are not a limit upon a municipality that is a home rule unit.
(Source: P.A. 102-684, eff. 12-16-21.) |
(65 ILCS 5/11-135.5-35) Sec. 11-135.5-35. Revenues; rates; costs; construction contracts. (a) Revenue fund. Whenever bonds are issued under this Division, the revenue received from the operation of the properties under the control of the commission shall be set aside as collected and deposited in a separate fund to be used only (1) in paying the cost of the operation and maintenance of those properties, (2) in providing an adequate depreciation fund, (3) in paying the principal of and interest upon the revenue bonds issued by the commission, as provided by this Division, (4) to comply with the covenants of the ordinance or resolution, or the master trust indenture or any applicable supplemental trust indenture or both, authorizing the issuance of such bonds, and (5) to carry out the corporate purposes and powers of the commission. (b) Rates and charges for waterworks system. If the commission has charge of the operation of a complete waterworks system, including the distribution mains, the commission shall establish rates and charges for water and the use of commission waterworks system facilities, which shall be sufficient at all times to pay the cost of operation and maintenance, to provide an adequate depreciation fund, to pay the principal of and interest upon all revenue bonds issued as provided by this Division, to comply with the covenants of the ordinance or resolution, or the master trust indenture or any applicable supplemental trust indenture or both, authorizing the issuance of such bonds, and to carry out the corporate purposes and powers of the commission. Charges and rates shall be established, revised, and maintained by ordinance and become payable as the commission may determine by ordinance. (c) Rates and charges for water source of supply. If the commission has charge of the operation of a common source of supply of water, the municipalities represented by the commission shall contract with the commission for water. These municipalities shall establish such charges and rates for water supplied by them to consumers as will be sufficient at all times (1) to pay the cost of operation and maintenance of the respective waterworks systems (or combined waterworks and sewerage systems) of the municipalities, (2) to provide an adequate depreciation fund therefor, (3) to pay the principal of and interest on all revenue bonds of the municipalities payable from the revenues of the waterworks system (or combined waterworks and sewerage system), and (4) to pay the charges and rates established by the commission for the sale of water by the commission to, and the use of commission waterworks system facilities by, those municipalities. The commission shall establish such charges and rates for water supplied to those municipalities and the use of commission waterworks system facilities as will be sufficient at all times (1) to pay the cost of operation and maintenance of the common source of supply of water, (2) to provide an adequate depreciation fund therefor, (3) to pay the principal of and interest on the revenue bonds issued by the commission, (4) to comply with the covenants of the ordinance or resolution, or the master trust indenture or any applicable supplemental trust indenture or both, authorizing the issuance of such bonds, and (5) to carry out the corporate purposes and powers of the commission, under the provisions of this Division. Contracts entered into between the commission and the specified municipalities shall include covenants for the establishment of rates and charges as provided in this Section. (d) Pension costs. Contributions to a retirement fund or other pension alternative authorized by the Illinois Pension Code, including, without limitation, the Illinois Municipal Retirement Fund, by commissions created under this Division which have been included under the retirement fund or other pension alternative shall be considered a cost of operation and maintenance for the purposes of this Section. (e) Enforcement of obligations. An owner of a bond issued under this Division, a trustee under a master trust indenture or supplemental trust indenture or both with respect to the bonds issued under this Division, or both the owner and trustee may, in a civil action, mandamus action, or other proceeding, enforce and compel performance of all duties required by this Division to be performed by such a commission or by any of the municipalities, including the making of rates and charges, the collecting of sufficient revenue, and the application thereof, as provided in this Division. (f) Construction contracts. All or any portion of a waterworks system or other public improvement of such a commission, when the expense thereof will exceed the greater of (i) $25,000 or (ii) the amount of expense above which a work or public improvement by a municipality must be let to the lowest responsible bidder after advertising for bids under Section 8-9-1 of this Code, shall be constructed, maintained, or repaired either: (1) by a contract let to the lowest responsible bidder after advertising for bids, in the manner prescribed by the commission's bylaws, rules, and regulations and by the vote required as established in the intergovernmental agreement pursuant to Section 11-135.5-25; or (2) without advertising for bids, if authorized by a vote of greater than a majority of all the commissioners as established in the intergovernmental agreement pursuant to Section 11-135.5-25. The commission's bylaws, rules, and regulations shall provide for an alternative procedure for emergency procurement if an emergency makes it impracticable to follow the procedures in this subsection. (g) Alternative project delivery. A commission may use alternative project delivery methods if the commission determines it to be in the commission's best interest for a particular project. An alternative project delivery method may include, without limitation, design-build or construction-manager-at-risk. All notices for the procurement of goods, services, or work to be provided pursuant to an alternate delivery method shall include all requirements for the goods, services, or work to be procured. All awards of contracts or agreements for the procurement of goods, services, or work to be provided pursuant to an alternate delivery method shall be made on the basis of demonstrated competence and qualifications and with due regard for the principles of competitive selection. As part of an alternate project delivery procurement process, prior to submission of proposals, the commission may conduct meetings and exchange confidential information with proposers to promote understanding of the request for proposals, review alternative design concepts, or discuss other issues related to the procurement. As used in this subsection: "Construction-manager-at-risk" means a delivery method in which the party proposing to be the construction manager commits to be responsible for performance of certain preconstruction services and, if the parties reach agreement on key terms, becomes responsible for construction of the project. "Design-build" means a delivery method that provides responsibility within a single contract for furnishing the architectural, engineering, land-surveying, and related services for the project, as well as the labor, materials, equipment, and other construction services for the project. (h) Procurement goals and requirements. A commission may establish goals or requirements for the procurement of goods and services and for construction contracts to promote and encourage the continuing economic development of (i) businesses that are owned and operated by minorities, women, persons with disabilities, or veterans; (ii) businesses that are located within the territory of one or more of the municipalities that are members of the commission; (iii) businesses that employ persons who reside in the territory of one or more of the municipalities that are members of the commission; (iv) businesses that are located within the territory of a municipality having more than 2,000,000 inhabitants in which a portion of the commission's waterworks system or other commission improvement is located; or (v) businesses that employ persons who reside in the territory of a municipality having more than 2,000,000 inhabitants in which a portion of the commission's waterworks system or other commission improvement is located. A commission may also establish other goals or requirements that result in the award to a responsible bidder other than the lowest responsible bidder if the commission determines that the award is in the commission's best interests, notwithstanding the requirements of subsection (f). Goals or requirements that are set by a commission that result in a preference being applied to a bidder or proposer, who has met those goals or requirements, in a commission's process for awarding construction contracts and for the procurement of goods and services must comply with the constitutional standards applicable to the preferences. (i) Contract assignment. A member municipality may enter into a contract for any portion of a waterworks system or other public improvement of a commission pursuant to a contracting method that is consistent with the requirements applicable to the municipality and generally consistent with the principles in subsection (f) or (g). The commission may accept assignment of such a contract and of payment obligations under that contract. (j) Project labor agreement. In connection with a contract by a commission for the construction of all or any portion of a waterworks system or other public improvement of the commission, the commission must enter into a project labor agreement with the applicable local building trades council prior to the commencement of any and all construction, building, renovation, demolition, or any material change to the structure or land.
(Source: P.A. 102-684, eff. 12-16-21; 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-40) Sec. 11-135.5-40. Property. (a) Generally. A commission may (i) acquire, hold, sell, lease as lessor or lessee, transfer, or dispose of real or personal property, or interest therein, and (ii) acquire by gift, legacy, or grant any real estate or personal property, or rights therein, in all such instances as it deems appropriate in the exercise of its powers for its lawful purposes, whether the land or personal property is located within or outside the boundaries of the members of the commission. The commission also may accept any grant, subsidy, or contribution from the United States, the State of Illinois, a unit of local government, or any other governmental entity, or any combination thereof. (b) Private property. Whenever a commission passes an ordinance for the construction or acquisition of any waterworks properties, or improvements or extension or mains, pumping stations, reservoirs, or other appurtenances thereto, which such commission is authorized to make, the making of which will require that private property be taken or damaged, such commission may cause compensation therefor to be ascertained and may condemn and acquire possession thereof in the same manner as nearly as may be, as provided for the exercise of the right of eminent domain under the Eminent Domain Act. However, proceedings to ascertain the compensation to be paid for taking or damaging private property shall be instituted in the circuit court of the county where the property sought to be taken or damaged is situated. (c) Public property. When a commission created under this Division requires that public property be taken or damaged for the purposes specified in this Section, the commission may condemn and acquire possession of public property and cause compensation for such public property to be ascertained in the same manner provided for the exercise of the right of eminent domain under the Eminent Domain Act while the commission has the power to initiate action in the manner provided by Article 20 of the Eminent Domain Act. (d) Highways and public ground. A commission may construct, maintain, alter, and extend its water mains as a proper use of highways along, upon, under, and across any highway, street, alley, or public ground in the State, including highways within a municipality, but so as not to inconvenience the public use thereof, and the commission may construct, maintain, and operate any conduit or conduits, water pipe or pipes, wholly or partially buried or otherwise in, upon, and along any of the lands owned by the State and under any of the public waters therein. However, the right, permission, and authority hereby created shall be subject to all public rights of commerce and navigation and the authority of the United States in behalf of such public rights and also the laws of the State to regulate and control the same. Notice shall be given to the highway authorities of a municipality, county, township, road district, or township district in which such highway, street, or public way may be situated at least 60 days before any construction or installation work in such highway or street shall commence. All laws and ordinances pertaining to such work for the protection of the public and of public property shall be complied with, except that no fee may be charged such commission for the construction or installation of such facilities in such public places. (e) Surplus property. When, in the opinion of a commission, real estate owned by it, however acquired, is no longer necessary, appropriate, required for the use of, profitable to, or for best interest of the commission, such commission may, by resolution, lease such surplus real estate for a period not to exceed 99 years or sell such surplus real estate, in accordance with procedures established in the intergovernmental agreement or bylaws or adopted by resolution by such commission. (f) Tax exemption. All property, income, and receipts of or transactions by a commission shall be exempt from all taxation, the same as if it were the property, income, or receipts of or transaction by the member municipalities. (g) Agricultural impact mitigation agreement. For any private property that is used for agricultural purposes, as defined in Section 1-60 of the Property Tax Code, that is damaged or taken by a commission created under this Division, the commission shall enter into an agricultural impact mitigation agreement with the Illinois Department of Agriculture to ensure any negative impacts to private property are properly mitigated.
(Source: P.A. 102-684, eff. 12-16-21.) |
(65 ILCS 5/11-135.5-45) Sec. 11-135.5-45. Laws not applicable. The provisions of this Division: (i) are not subject to Division 135 or Division 136 of Article 11 of this Code or the Water Commission Act of 1985; and (ii) do not apply to any commission formed or operating under Division 135 or Division 136 of Article 11 of this Code or the Water Commission Act of 1985.
(Source: P.A. 102-684, eff. 12-16-21.) |
(65 ILCS 5/11-135.5-50) Sec. 11-135.5-50. Solicitation of proposals. (a) A commission may enter into design-build contracts. In addition to the requirements set forth in its local ordinances, when the commission elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the proposal. The commission must publish the advance notice in the manner prescribed by ordinance, which shall include posting the advance notice online on its website. The commission may publish the notice in construction industry publications or post the notice on construction industry websites. A brief description of the proposed procurement must be included in the notice. The commission must provide a copy of the request for proposal to any party requesting a copy. (b) The request for proposal shall be prepared for each project and must contain, without limitation, the following information: (1) The name of the commission. (2) A preliminary schedule for the completion of the | ||
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(3) The proposed budget for the project, the source | ||
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(4) Prequalification criteria for design-build | ||
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(5) Material requirements of the contract, including, | ||
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(6) The performance criteria. (7) The evaluation criteria for each phase of the | ||
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(8) The number of entities that will be considered | ||
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(c) The commission may include any other relevant information that it chooses to supply. The design-build entity shall be entitled to rely upon the accuracy of this documentation in the development of its proposal. (d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. If the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The commission shall include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed.
(Source: P.A. 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-55) Sec. 11-135.5-55. Development of scope and performance criteria. (a) The commission shall develop, with the assistance of a licensed design professional or public art designer, a request for proposal, which shall include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the commission's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery requirements. (b) Each request for proposal shall also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the commission to be produced by the design-build entities. (c) The scope and performance criteria shall be prepared by a design professional or public art designer who is an employee of the commission, or the commission may contract with an independent design professional or public art designer selected under the Local Government Professional Services Selection Act to provide these services. (d) The design professional or public art designer that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project. (e) The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the commission to make modifications in the project scope without invalidating the design-build contract.
(Source: P.A. 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-60) Sec. 11-135.5-60. Procedures for selection. (a) The commission must use a two-phase procedure for the selection of the successful design-build entity. Phase I of the procedure will evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals. (b) The commission shall include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the commission has set forth. Each request for proposal shall establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the commission. The commission must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The commission shall include the following criteria in every Phase I evaluation of design-build entities: (i) experience of personnel; (ii) successful experience with similar project types; (iii) financial capability; (iv) timeliness of past performance; (v) experience with similarly sized projects; (vi) successful reference checks of the firm; and (vii) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants. The commission may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review. The commission may not consider any design-build entity for evaluation or award if the entity has any pecuniary interest in the project or has other relationships or circumstances, including, but not limited to, long-term leasehold, mutual performance, or development contracts with the commission, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. Upon completion of the qualifications evaluation, the commission shall create a shortlist of the most highly qualified design-build entities. The commission, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation, provided that no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals. The commission shall notify the entities selected for the shortlist in writing. This notification shall commence the period for the preparation of the Phase II technical and cost evaluations. The commission must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the commission. (c) The commission shall include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal shall establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the commission. The commission must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The commission shall include the following criteria in every Phase II technical evaluation of design-build entities: (i) compliance with objectives of the project; (ii) compliance of proposed services to the request for proposal requirements; (iii) quality of products or materials proposed; (iv) quality of design parameters; (v) design concepts; (vi) innovation in meeting the scope and performance criteria; and (vii) constructability of the proposed project. The commission may include any additional relevant technical evaluation factors it deems necessary for proper selection. The commission shall include the following criteria in every Phase II cost evaluation: the total project cost; the construction costs; and the time of completion. The commission may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighting factor shall not exceed 30%. The commission shall directly employ or retain a licensed design professional or a public art designer to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards. Upon completion of the technical submissions and cost submissions evaluation, the commission may award the design-build contract to the highest overall ranked entity.
(Source: P.A. 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-65) Sec. 11-135.5-65. Small projects. In any case where the total overall cost of the project is estimated to be less than $12,000,000, the commission may combine the two-phase procedure for selection described in Section 11-135.5-60 into one combined step, provided that all the requirements of evaluation are performed in accordance with Section 11-135.5-60.
(Source: P.A. 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-70) Sec. 11-135.5-70. Submission of proposals. Proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposals. All design-build entities submitting proposals shall be disclosed after the deadline for submission, and all design-build entities who are selected for Phase II evaluation shall also be disclosed at the time of that determination. Proposals shall include a bid bond in the form and security as designated in the request for proposals. Proposals shall also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals shall include a list of all design professionals, public art designers, and other entities to which any work may be subcontracted during the performance of the contract. Proposals must meet all material requirements of the request for proposal or they may be rejected as non-responsive. The commission has the right to reject any and all proposals. The drawings and specifications of the proposal may remain the property of the design-build entity. The commission shall review the proposals for compliance with the performance criteria and evaluation factors. Proposals may be withdrawn prior to evaluation for any cause. After evaluation begins by the commission, clear and convincing evidence of error is required for withdrawal.
(Source: P.A. 102-1134, eff. 2-10-23.) |
(65 ILCS 5/11-135.5-75) Sec. 11-135.5-75. Award; performance. The commission may award the contract to the highest overall ranked entity. Notice of award shall be made in writing. Unsuccessful entities shall also be notified in writing. The commission may not request a best and final offer after the receipt of proposals. The commission may negotiate with the selected design-build entity after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided that the salient features of the request for proposal are not diminished. A design-build entity and associated design professionals shall conduct themselves in accordance with the relevant laws of this State and the related provisions of the Illinois Administrative Code.
(Source: P.A. 102-1134, eff. 2-10-23.) |
(65 ILCS 5/Art. 11 Div. 136 heading) DIVISION 136.
JOINT ACQUISITION AND OPERATION
OF WATER AND SEWAGE SYSTEMS
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(65 ILCS 5/11-136-1) (from Ch. 24, par. 11-136-1)
Sec. 11-136-1.
Any 2 or more municipalities, except cities of 500,000 or
more inhabitants, may acquire either by purchase or construction a
waterworks system or sources of supply of water or sewer systems, or any
combination thereof, and may operate jointly a waterworks system or sources
of supply of water or sewer systems, or any combination thereof, and
improve and extend the same, as provided in this Division 136. The
corporate authorities of such municipalities desiring to avail themselves
of the provisions of this Division 136 shall adopt a resolution or
ordinance determining and electing to acquire and operate jointly a
waterworks system or sources of supply of water or sewer systems, or any
combination thereof, as the case may be. This Division 136 shall not be
construed as limiting, amending or repealing any other laws with respect to
joint acquisition and operation of a waterworks system or sources of supply
of water or sewer systems, or any combination thereof, but shall be
considered as an additional grant of power for the purposes herein set out.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-136-2) (from Ch. 24, par. 11-136-2)
Sec. 11-136-2.
Upon the adoption of such an ordinance or resolution by the
corporate authorities of any such municipality, the mayor or president,
with the approval of the corporate authorities, shall appoint one
commissioner for each 5,000 population, or part thereof. The commissioners
so appointed by each of such municipalities, together with a like
commissioner appointed by the chairman of the county board of the
county in which the municipality having the
greatest population is
situated, shall constitute a commission and public corporation with the
powers and duties specified in this Division 136. The corporate name of the
commission shall be "(here insert appropriate name indicative of the area)
Water Commission" or "Water and Sewer Commission" and as such the
commission may contract and be contracted with, and sue and be sued.
The commissioners so appointed shall serve for a term of 6 years, or
until their successors have been appointed and have qualified. Each
commissioner shall be an elector of the municipality for which he acts as
commissioner. However, no person shall be eligible for appointment, if he
has held an elective office in the state, county or municipality, until one
year after the expiration of the term for which he was elected. A
commissioner is eligible for reappointment upon the expiration of his term.
A vacancy shall be filled for the balance of the unexpired term in the same
manner as that prescribed for the appointment of the person who has ceased
to hold office. Each commissioner shall receive the same compensation which
shall not be more than $1,000 per year. Each commissioner shall furnish a
bond for the faithful performance of his official duties. This bond shall
not be less than $5,000 and its costs shall be paid by the commission.
Each commissioner may be removed for any cause for which any other
municipal officer may be removed. No commissioner, or employee of the
commission, and no mayor, or president, or other member of the corporate
authorities, or any employee of any of the municipalities, shall be
interested directly or indirectly in any contractor-job of work or
materials, or the profits thereof, or services to be performed for or by
the commission.
A violation of any of the foregoing provisions of this section is a
Class C misdemeanor. A conviction is cause for the removal of a person from
his office or employment. Any member of the commission or any employee
thereof who in any manner contributes money, labor, or other valuable thing
to any person for election purposes in any election for office in any of
the municipalities which are furnished water by the commission is guilty of
a Class C misdemeanor.
(Source: P.A. 84-1308.)
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(65 ILCS 5/11-136-3) (from Ch. 24, par. 11-136-3)
Sec. 11-136-3.
Such a commission shall organize by appointing a chairman
from its own members and a clerk and treasurer, who need not be
commissioners. It shall adopt its own rules of procedure and provide for
its meetings. The commission has full and complete supervision, management,
and control of the waterworks system, or sources of supply of water, or
sewer systems, or combination thereof, as provided in the ordinances or
resolutions for acquiring and operating the same, and in their maintenance,
operation, and extension. The commission is authorized to contract with the
municipalities which established the commission or with any other person,
firm or corporation for a supply of water, a sewage treatment plant or any
other facilities useful in conducting a water supply and sewage disposal
system for a period not exceeding 50 years, and the corporate authorities
of those municipalities are authorized to enter into contracts with the
commission. The commission is authorized to purchase from any person, firm
or corporation or municipal corporation including those making up the
commission, any sewer or water properties or sources of supplies and
municipalities are hereby authorized to sell such facilities to the
commission.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-136-4) (from Ch. 24, par. 11-136-4)
Sec. 11-136-4.
For the purpose of acquiring such a waterworks system or
sources of supply of water or sewer systems, or any combination thereof or
for making improvements and extensions to such a waterworks system or
sources of supply of water or sewer systems, or any combination thereof,
such a commission is authorized to issue revenue bonds payable solely from
the revenue to be derived pursuant to any contracts with the specified
municipalities or with any person, firm or corporation or by virtue of the
operation of any properties acquired or to be acquired. These bonds shall
not constitute an indebtedness of any of the municipalities represented by
the commission. The bonds shall bear interest at a rate not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semiannually, and
shall mature within the period of usefulness of the property to be
acquired or constructed from the proceeds thereof. This period shall be
conclusively determined by the commission at or before the time of the
issuance of the bonds, and in no event shall any of the bonds be issued
with a maturity more than 50 years from the date thereof. The bonds
shall be sold in such manner as the commission shall determine, except
that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest, and except
that the selling price of any bond bearing interest at less than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, shall be such that the interest cost
of the money received from that bond shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, computed to maturity, according
to standard tables of bond values.
Before the treasurer of the commission is entitled to receive the
proceeds of the sale of such a bond issue, he shall supply a corporate
surety bond in an amount equivalent to the amount of funds to be derived
from the sale of the bonds, and, in addition thereto, he shall supply a
separate corporate surety bond for the faithful accounting of any funds
that may come into his possession in an amount equal to the amount of
funds likely to come into his hands in any one year from the revenue to
be derived from the operation of any of the properties of the
commission. The cost of these surety bonds shall be paid by the
commission.
The revenue bonds shall be issued pursuant to an ordinance or
resolution and shall be in such form and be executed in such manner as
may be prescribed by the ordinance or resolution. It shall not be
necessary that the ordinance or resolution refer to plans and
specifications nor that there be on file for public inspection prior to
the adoption of such ordinance detailed plans and specifications of the
project. This ordinance or resolution may contain such covenants and
restrictions in relation to the operation of the properties under the
control of the commission and the issuance of additional revenue bonds
thereafter as may be deemed necessary or advisable for the assurance of
payment of the bonds thereby authorized and as may be thereafter issued.
It shall be plainly stated on the face of each bond that it does not
constitute an indebtedness of any municipality represented by the
commission within the meaning of any statutory or constitutional
limitation. Upon the issuance of revenue bonds, the revenue of the
commission derived pursuant to contracts entered into for the sale of
water to the specified municipalities and from the operation of its
properties, shall be accounted for as provided in the ordinance or
resolution authorizing the issuance of the bonds. Any commission created
under the provisions of this Division 136 may also issue new bonds for
the purpose of providing funds for the payment of unpaid bonds in
accordance with the procedure prescribed by this Division 136.
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 5/11-136-5) (from Ch. 24, par. 11-136-5)
Sec. 11-136-5.
Whenever bonds are issued under this Division 136 the
revenue received from the operation of the properties under the control
of the commission shall be set aside as collected and deposited in a
separate fund to be used only (1) in paying the cost of the operation
and maintenance of those properties, (2) in providing an adequate
depreciation fund, and (3) in paying the principal of and interest upon
the revenue bonds issued by the commission, as provided by this Division
136.
In case the commission has charge of the operation of a complete
waterworks system or sewer system including the distribution mains, the
commission shall establish rates and charges for water or sewer service
or both which shall be sufficient at all times to pay the cost of
operation and maintenance, to provide an adequate depreciation fund, and
to pay the principal of and interest upon all revenue bonds issued as
provided by this Division 136. The rates for water and sewer service
need not be the same nor do rates for the same type of service have to
be identical in the several municipalities constituting the commission
but shall be equitably based upon the net plant account and the expenses
of operation in each municipality. Charges and rates shall be
established, revised, and maintained by ordinance and become payable as
the commission may determine by ordinance.
In case the commission has charge of the operation of sources of
supply of water, the municipalities specified in Section 11-136-1
represented by the commission shall contract with the commission for
water. These municipalities shall establish such charges and rates for
water supplied by them to consumers as will be sufficient at all times
(1) to pay the cost of operation and maintenance of the respective
waterworks systems of the municipalities, (2) to provide an adequate
depreciation fund therefor, and (3) to pay the charges and rates
established by the commission for the sale of water by the commission to
those municipalities, and the commission shall establish such charges
and rates for water supplied to those municipalities as will be
sufficient at all times (1) to pay the cost of operation and maintenance
of the common source of supply of water, (2) to provide an adequate
depreciation fund therefor, and (3) to pay the principal of and interest
on the revenue bonds issued by the commission, under the provisions of
this Division 136. Contracts entered into between the commission and
the specified municipalities shall include covenants for the
establishment of rates and charges as provided in this section.
Municipality contributions to the Illinois Municipal Retirement Fund,
by commissions created under this Division 136 which have been included
under that Fund, shall be considered a cost of operation and maintenance
for the purposes of this Section.
Any holder of a bond or of any of its coupons, issued under this
Division 136, in any civil action, mandamus, or other proceedings, may
enforce and compel performance of all duties required by this Division
136 to be performed by such a commission or by any of the
municipalities, including the making of rates and charges, the
collecting of sufficient revenue, and the application thereof, as
provided in this Division 136.
All contracts for the construction of a waterworks system or sources
of supply of water, or sewer systems, or any combination thereof, to be
let by such a commission, shall be entered into only after advertising
for bids, pursuant to a resolution to be adopted for that purpose by the
commission. A notice inviting bids shall be published in a newspaper
published and having a general circulation in the county or counties in
which the municipalities represented by the commission are located, not
more than 30 nor less than 15 days in advance of the receipt of the
bids. The notice shall be published at least twice. In the resolution
directing the advertising for bids the commission also shall establish
all requirements necessary for the bidding, for the awarding of
contracts, and for the approval of contractors' faithful performance
bonds.
(Source: P.A. 80-425.)
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(65 ILCS 5/11-136-6) (from Ch. 24, par. 11-136-6)
Sec. 11-136-6. Whenever such commission shall pass an ordinance for the
construction or acquisition of any waterworks properties or sewer
properties or improvements or extensions or mains, pumping stations,
reservoirs or other appurtenances thereto, which such commission is
authorized to make, the making of which will require that private property
be taken or damaged, such commission may cause compensation therefor to be
ascertained and may condemn and acquire possession thereof in the same
manner as nearly as may be, as provided for the
exercise of the right of eminent domain under the Eminent Domain Act. However, proceedings to ascertain the
compensation to be paid for taking or damaging private property shall in
all cases be instituted in the county where the property sought to be taken
or damaged is situated.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-136-7) (from Ch. 24, par. 11-136-7)
Sec. 11-136-7.
Such commission may construct, maintain, alter and extend
its water mains or sewer facilities as a proper use of highways along,
upon, under and across any highway, street, alley or public ground in the
State, including highways within a municipality, but so as not to
inconvenience the public use thereof. Such commission may construct,
maintain and operate any conduit or conduits, water pipe or pipes, wholly
or partially buried or otherwise in, upon and along any of the lands owned
by the State of Illinois and under any of the public waters therein.
However, the right, permission and authority hereby created shall be
subject to all public rights of commerce and navigation and the authority
of the United States in behalf of such public rights and also the laws of
the State of Illinois to regulate and control the same. Notice shall be
given to the highway authorities of any municipality, county, township,
road district or township district in which such highway, street or public
way may be situated at least 60 days before any construction or
installation work in such highway or street shall commence. All laws and
ordinances pertaining to such work for the protection of the public and of
public property shall be complied with except that no fee may be charged
such commission for the construction or installation of such facilities in
such public places.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-136-8) (from Ch. 24, par. 11-136-8)
Sec. 11-136-8.
Such commission shall have the right to supply water or
sewer facilities to any municipality, political subdivision, private person
or corporation, in addition to the municipalities which have formed the
commission, upon such payment, terms and conditions as may be mutually
agreed upon, provided the water is delivered to such party or parties at
the corporate limits of the municipalities which have created such
commission or from such water works properties of the commission located
outside such municipalities that have been constructed or acquired as
necessary and incidental to the furnishing of water to the municipalities
which formed the commission.
Such commission shall have the power to contract with any person,
corporation or political subdivision or any municipal corporation or other
agency for a sewer system or for a supply of water, or to supply water to
such person, corporation, municipal corporation or political subdivision.
Any such contract entered into to supply water or sewer service to a
municipal corporation or political subdivision shall provide that the
payments to be made thereunder shall be solely from the revenues to be
derived by such municipality or political subdivision from the operation of
the waterworks system or sewer system of such municipality or political
subdivision, and said contract shall be a continuing, valid and binding
obligation of the municipality or political subdivision, payable from such
revenues for such period of years, not to exceed 40, as may be provided in
such contract. Any such contract shall not be a debt within the meaning of
any statutory or constitutional limitations.
No prior appropriation shall be required before entering into such
contract, and no appropriation shall be required to authorize payments to
be made under the terms of any such contract, notwithstanding any provision
of this Code to the contrary.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-136-9) (from Ch. 24, par. 11-136-9)
Sec. 11-136-9.
All powers and duties of the commission heretofore set forth
in this Division 136 may be exercised within the municipalities
constituting the commission and in contiguous territory not more than 3
miles beyond the corporate limits of such municipalities and in the
territory necessary to interconnect any of the municipalities constituting
the commission. The commission shall keep proper accounting records which
records shall be kept so as to show the book value, reserve for
depreciation, revenue and expenses broken down as to type of utility and by
all municipalities making up the commission.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 137 heading) DIVISION 137.
CONTRACT FOR, PURCHASE OR LEASE
OF WATER AND SEWERAGE SYSTEMS
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(65 ILCS 5/11-137-1) (from Ch. 24, par. 11-137-1)
Sec. 11-137-1.
To enable municipalities to promote and procure the
construction and installation of waterworks and sewerage systems when it
becomes necessary for public health and welfare or for better sanitary
conditions of a municipality, each municipality may contract with any
person for a supply of water for public use, and for sewerage for drainage
and sanitary purposes of the municipality, for a period not exceeding 30
years. Any contract that is entered into by a municipality and pledged to
secure the bonds issued to construct any waterworks or sewerage system
shall enure at all times and under all conditions to the benefit of the
holders of any of the bonds so issued and for the payment of those bonds.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-137-2) (from Ch. 24, par. 11-137-2)
Sec. 11-137-2.
In all municipalities where any person has constructed
a waterworks or sewerage system, or both, the municipality may purchase
or lease that waterworks or sewerage system, or both, from the owners
thereof, subject to the provisions of this Division 137.
Before such a lease or purchase is binding upon the municipality, the
corporate authorities shall pass an ordinance authorizing the
municipality to lease or purchase that waterworks or sewerage system, or
both, and shall include in the ordinance the terms, as near as
practicable, upon which the lease or purchase shall be made. The
ordinance shall be published at least once, within 10 days after
passage, 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 authorizing the lease or purchase of a waterworks
or sewerage system 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 presented to the corporate authorities as
hereinafter provided, within 30 days after the ordinance is so published
and posted, the corporate authorities may consummate the lease or
purchase of that waterworks or sewerage system, or both, as provided in
the ordinance. If within 30 days after the first publication of the
ordinance a petition is filed with the municipal clerk signed by electors
of the municipality numbering 10% or more of the number of registered
voters in the municipality, asking that the question of leasing or
purchasing that waterworks or sewerage system, or both, as provided in the
ordinance, be submitted to a vote, the clerk shall certify the proposition
and the corporate authorities shall designate an election at which the
question shall be submitted. If a majority of the votes cast on the
question are in favor thereof, the corporate authorities may complete the
lease or purchase, but if a majority of the votes cast on the question are
unfavorable, no further action shall be taken by the municipality for a
period of not less than 6 months. Thereafter, the same or another question
may be submitted as before.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-137-3) (from Ch. 24, par. 11-137-3)
Sec. 11-137-3.
If any municipality is authorized to purchase a waterworks
or sewerage system, or both, as provided in Section 11-137-2, and if the
system is pledged to secure the payment of bonds, or other written
evidences of indebtedness, by a mortgage or trust deed, the corporate
authorities of the municipality may direct the municipal clerk or
treasurer, by a motion or resolution, to enter the bonds, or the other
written evidences of indebtedness on the records of the municipality as an
indebtedness against the waterworks or sewerage system only. The corporate
authorities shall have all the revenue derived from the operation of the
system, and all rents due and payable to the former owners for use of the
water and sewerage facilities, and pledged for the payment of the
indebtedness, set apart in a separate fund for the payment of the
indebtedness as it becomes due and payable, provided the system can be
operated and maintained from the current funds of the municipality
appropriated therefor.
Nothing contained in this Division 137 affects any lien or renders void
any bond, mortgage, or trust deed securing any indebtedness upon the
system, or any franchise under which the system is operated, or any
contract executed by any person as owner for the construction and
installation of the waterworks or sewerage system, or both, prior to the
transfer of the system to the municipality as provided in this Division
137. If the municipality neglects or fails to pay the indebtedness as it
falls due and if any mortgage or trust deed is foreclosed at the instance
of bona fide holders of unpaid bonds or other written evidences of
indebtedness, the mortgagee or trustee for those bona fide holders shall be
re-invested with all former rights which existed in their behalf by virtue
of the franchise and contract which were granted by the municipality, and
which were pledged.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-137-4) (from Ch. 24, par. 11-137-4)
Sec. 11-137-4.
Such municipalities may borrow money and levy and collect a
general tax, in the same manner as other municipal taxes may be levied and
collected, to procure funds to lease or purchase and maintain such a
waterworks or sewerage system, or both, and to pay any existing
indebtedness thereon. They may issue their bonds to procure funds to
purchase such a system or systems and to pay off the existing bonds or
indebtedness thereon, at the time of the purchase or at any time thereafter
that the financial condition of the municipality will permit.
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.
If an appropriation has been made therefor, such a municipality may
constitute and make any bond which falls due during the current year, and
which is secured by a mortgage or trust deed on such a system or systems,
and which was issued by any person to procure funds to construct the system
or systems, a bond of the municipality for that year and levy and collect a
tax to pay the appropriation. However, this action shall not increase the
bonded indebtedness of the municipality in excess of the constitutional
limitation for the year for which this tax is to be levied and collected.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/11-137-5) (from Ch. 24, par. 11-137-5)
Sec. 11-137-5.
A municipality may contract with any person for a supply of
water for public use for a period not exceeding 30 years.
A municipality so contracting may pay for the water so supplied by
general taxation, or out of the rents paid by consumers for the water
supplied to them, or out of any fund otherwise available for that purpose,
or by any combination of any of these means.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 138 heading) DIVISION 138.
LOCATING SOURCE OF WATER SUPPLY
OUTSIDE OF MUNICIPALITIES
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(65 ILCS 5/11-138-1) (from Ch. 24, par. 11-138-1)
Sec. 11-138-1.
Any water company organized under the laws of this state for
the purpose of supplying any municipality or the inhabitants thereof with
water, may locate its source of supply at, or change its source of supply
to, a point not more than 20 miles beyond the corporate limits of the
municipality. Such company may enter upon any land and take and damage
private property beyond those corporate limits, (1) for the construction,
maintenance, and operation of a line or lines of water-pipe to the source
of supply, (2) for the necessary pumping stations, reservoirs, and other
appurtenances, and (3) for the protection of all reservoirs, submerged
land, and source of supply from contamination, pollution, or damage from
any cause whatsoever.
Such a company may construct, maintain, and operate beyond those
corporate limits such a line or lines of water-pipe across or under any
railroad right-of-way, and in and under any public or private road,
highway, street, alley, or public ground, or across or under any of the
waters within this state, subject, however, to these conditions: (1) such a
line or lines of water-pipe shall not interfere with any railroad, or with
any sewer, gas pipes, water-pipes, or other conduit, already laid in or
under any public or private road, highway, street, alley, or public ground
by public authority; (2) such a company, in the construction and repair of
such a line or lines of water-pipe, shall restore any public or private
road, highway, street, alley, or public ground that is damaged to the same
condition as before, and shall not unnecessarily interfere with the public
use of the navigation of any of the specified waters; and (3) the laying of
the water-pipes and construction of the other works shall be done under
such reasonable regulations as the corporate authorities of any township or
municipality wherein that work is done may prescribe.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-138-2) (from Ch. 24, par. 11-138-2)
Sec. 11-138-2.
Whenever it is necessary for the construction, maintenance,
and operation of such a line or lines of water-pipe, pumping stations,
reservoirs, other appurtenances, or for the protection of reservoirs,
submerged land, and the source of supply from contamination, pollution, or
damage from any cause, to take or damage private property adjacent to these
improvements, that property may be taken or damaged, and the compensation
therefor may be ascertained and paid in the manner which may be then
provided by law for the exercise of the right of eminent domain.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-138-3) (from Ch. 24, par. 11-138-3)
Sec. 11-138-3.
Any person who unlawfully and intentionally molests or
destroys any part of such a line of water-pipe, pumping station, reservoir,
or other appurtenance, or the material or property belonging to a specified
water company, or who in any manner interferes with the construction,
maintenance, or operation of the property specified in this section is
guilty of a petty offense. But a prosecution under the provisions of this
section shall not in any manner prevent a recovery by the company entitled
thereto, of the amount of damages done to its property.
(Source: P.A. 77-2830.)
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(65 ILCS 5/Art. 11 Div. 139 heading) DIVISION 139.
COMBINED WATERWORKS AND
SEWERAGE SYSTEMS
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(65 ILCS 5/11-139-1) (from Ch. 24, par. 11-139-1)
Sec. 11-139-1.
When used in this Division 139, "waterworks" means and
includes a waterworks system in its entirety or any integral part thereof,
including mains, hydrants, meters, values, standpipes, storage tanks, pump
tanks, intakes, wells, impounding reservoirs, pumps, machinery,
purification plants, softening apparatus, and all other elements, useful in
connection with a water supply or water distribution system.
"Sewerage system" means and includes any or all of the following: a
sewerage treatment plant or plants, collecting, intercepting and outlet
sewers, lateral sewers, and drains, including combined and separate storm
water and sanitary drains, force mains, conduits, pumping stations, ejector
stations and all other appurtenances, extensions and improvements
necessary, useful, or convenient for the collection, treatment, and
disposal in a sanitary manner of sewage and industrial wastes.
"Combined waterworks and sewerage system" means and includes a
waterworks and sewerage system, which the municipality determines by
ordinance to operate in combination.
(Source: Laws 1963, p. 2433.)
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(65 ILCS 5/11-139-2) (from Ch. 24, par. 11-139-2)
Sec. 11-139-2.
Any municipality may acquire, or construct, and maintain and
operate a combined waterworks and sewerage system either within or without
the corporate limits thereof. A municipality owning and operating a
waterworks or sewerage system may provide for the inclusion of that
waterworks or sewerage system or the combination of the 2 in a combined
waterworks and sewerage system under this Division 139, and in connection
therewith may provide for paying or refunding any unpaid obligations which
are payable solely from the revenue of or which are secured by a mortgage
of that waterworks or sewerage system, or any part thereof included in the
combined waterworks and sewerage system. Any municipality owning and
operating a combined waterworks and sewerage system may also provide for
paying or refunding any unpaid obligations which are payable solely from
the revenue of the combined waterworks and sewerage system. A municipality
owning, acquiring, or constructing and providing for the operation of a
combined waterworks and sewerage system may improve and extend that system,
and may impose and collect charges or rates for the use of that system as
provided in this Division 139. A municipality may also, when determined by
its corporate authorities to be in the public interest and necessary for
the protection of the public health or in the best interests of the
municipality and its environs, enter into and perform contracts, whether
long-term or short-term, with any other municipality within a radius of 25
miles of its corporate limits and construct water mains to such
municipality and supply water to such municipalities on the request of any
such municipality; provided, that such water mains be constructed and that
such municipality purchase water on a long term basis at rates sufficient
to amortize the cost of the construction of such water mains and pay the
cost of maintenance and operation thereof, as hereinafter provided in this
Division 139, and also with any industrial establishment for the provision
and operation by the municipality of sewerage facilities, either within or
without the corporate limits of such municipality, to abate or reduce the
pollution of waters caused by discharges of industrial wastes by the
industrial establishment and the payment periodically by such municipality
or municipalities or the industrial establishment to the municipality of
amounts at least sufficient, in the determination of such corporate
authorities, to compensate the municipality for the cost of providing
(including payment of principal and interest charges, if any) and of
operating and maintaining any such facilities. This amendatory Act is not a
prohibition upon the contractual and associational powers granted by
Article VII, Section 10 of the Constitution.
(Source: P.A. 77-2837.)
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(65 ILCS 5/11-139-3) (from Ch. 24, par. 11-139-3)
Sec. 11-139-3.
For the purpose of defraying the cost of acquiring, constructing,
extending, or improving a combined waterworks and sewerage system or any
part thereof, any municipality (1) may apply money received therefor from
the federal government or available therefor from any source, and (2) may
issue and sell revenue bonds of the municipality payable solely from
revenue derived from the operation of the combined waterworks and sewerage
system. These bonds may be issued in such amounts as may be necessary to
provide sufficient funds to pay all the costs of the acquisition,
construction, extension, or improvement of the combined waterworks and
sewerage system as authorized by Section 11-139-2, including engineering,
legal, and other expenses, together with interest to the estimated date of
completion of the combined waterworks and sewerage system or of the project
to be constructed. The bonds shall bear interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually and shall mature
within the period of usefulness of the project involved, to be determined
by the corporate authorities and in any event not more than 40 years. The
bonds shall be sold in such manner as the corporate authorities shall
determine and if issued to bear interest at the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract, shall be sold for not less than par and accrued interest. If any
of these bonds are issued to bear interest at a rate of less than the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, 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 rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
computed to maturity. In case any officer whose signature appears on the
bonds or coupons attached thereto ceases to hold that office before the
delivery of the bonds to the purchaser, the signature nevertheless shall be
valid and sufficient for all purposes, with the same effect as if he had
remained in office until the delivery of the bonds. The bonds shall have
all the qualities of negotiable instruments under the law of this state.
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.
This amendatory Act of 1971 is not a limit upon any municipality which
is a home rule unit.
This amendatory Act of 1972 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-139-4) (from Ch. 24, par. 11-139-4)
Sec. 11-139-4.
Whenever an existing waterworks or sewerage system is
included in a combined waterworks and sewerage system under this Division
139 and there are unpaid obligations previously issued, which are payable
solely from the revenue or secured by a mortgage of the waterworks or
sewerage system, or any part thereof, or whenever there are unpaid
obligations previously issued which are payable solely from the revenue of
the combined waterworks and sewerage system, the unpaid obligations may be
refunded by the issue and exchange therefor of revenue bonds, to be issued
under this Division 139, with the consent of the respective holders of the
unpaid obligations. The holders of revenue bonds issued under this Division
139, whether (1) for refunding or (2) for acquisition, construction,
extension, 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 2 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 acquisition, construction,
extension 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 combined waterworks and sewerage
system as are specified in such ordinance. Whenever any unpaid obligations
previously issued which are payable solely from the revenue or secured by a
mortgage of any waterworks or sewerage system included in a combined
waterworks and sewerage system or any combined waterworks and sewerage
system under this Division 139 are refunded, the unpaid obligations shall
be surrendered and exchanged for revenue bonds of the combined waterworks
and sewerage system 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.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-139-5) (from Ch. 24, par. 11-139-5)
Sec. 11-139-5.
The corporate authorities of any municipality availing
itself of the provisions of this Division 139 shall adopt an ordinance
describing in a general way the contemplated project. If it is intended to
include in the combined waterworks and sewerage system any existing
waterworks or any existing sewerage system, the ordinance shall provide for
its inclusion in the combined system and shall describe in a general way
the existing waterworks or sewerage system to be included in the combined
waterworks and sewerage system. If it is intended to acquire or construct a
combined waterworks and sewerage system, or to extend and improve such a
system, the ordinance shall describe in a general way the system to be
acquired or constructed or the extension or improvement to be made or any
project authorized by Section 11-139-2. It shall not be necessary that the
ordinance refer to plans and specifications nor that there be on file for
public inspection prior to the adoption of such ordinance detailed plans
and specifications of the project. The ordinance shall set out the
estimated cost of the contemplated project, and if any existing waterworks
or sewerage system is included in the project, the ordinance shall state
the means provided for defraying or refunding any unpaid obligation,
payable solely from the revenue or secured by a mortgage of the waterworks
or sewerage system, and if any unpaid obligations payable from the revenue
of the combined waterworks and sewerage system are outstanding and unpaid
the ordinance shall state the means providing for defraying or refunding
any unpaid obligation so payable from the revenue of the combined
waterworks and sewerage system. The ordinance shall determine the period of
usefulness of the contemplated project. The ordinance shall also prescribe
the method of defraying the cost of the contemplated project and fix the
amount of revenue bonds proposed to be issued, the interest rate, and all
other details in connection with the bonds deemed advisable. The ordinance
may contain such covenants and restrictions upon the issuance thereafter of
additional revenue bonds as may be deemed necessary or advisable for the
assurance of the payment of bonds thereby authorized and as may be
thereafter issued.
(Source: P.A. 77-2837.)
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(65 ILCS 5/11-139-6) (from Ch. 24, par. 11-139-6)
Sec. 11-139-6.
Within 10 days after the ordinance for any project
under this Division 139 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 the adoption of the ordinance be submitted to
the electors of the municipality; (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, as
provided in this section, within 30 days after the publication or
posting of the ordinance, it shall be in effect. But if within this 30
day period a petition is filed with the municipal clerk signed by
electors of the municipality numbering 10% or more of the number of
registered voters in the municipality, asking that the question of acquiring,
constructing, extending, or improving the combined waterworks and
sewerage system, as provided in the ordinance, and the issuance of
revenue bonds therefor be submitted to the electors of the municipality,
the municipal clerk shall certify such question for submission at an election
in accordance with the general election law. If a majority of the votes
cast on the question are in favor thereof, the ordinance shall be in effect.
But if a majority of the votes cast on the question are unfavorable, the
municipality shall proceed no further and the ordinance shall not take effect.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-139-7) (from Ch. 24, par. 11-139-7)
Sec. 11-139-7.
Revenue bonds issued under this Division 139 shall be
payable solely from the revenue derived from the operation of the combined
waterworks and sewerage system on account of which the bonds are
issued; provided, that bonds issued under this Division 139 may also be
payable from funds pledged by the municipality issuing such bonds pursuant
to the Illinois Finance Authority
Act.
Notwithstanding any such pledge or any other matter,
these bonds shall not in any event constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation and it shall be so stated on the face of each bond.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/11-139-8) (from Ch. 24, par. 11-139-8)
Sec. 11-139-8.
The corporate authorities of any municipality availing
itself of this Division 139 may (1) make, enact, and enforce all needful
rules and regulations for the acquisition, construction, extension,
improvement, management, and maintenance of the combined waterworks and
sewerage system of the municipality and for the use thereof, (2) make,
enact, and enforce all needful rules, regulations, and ordinances for the
care and protection of such a system, which may be conducive to the
preservation of the public health, comfort, and convenience and to
rendering the water supply of the municipality pure and the sewerage
harmless insofar as it is reasonably possible to do so, and (3) charge the
inhabitants thereof a reasonable compensation for the use and service of
the combined waterworks and sewerage system and to establish rates for that
purpose. Separate rates may be fixed for the water and sewer services
respectively or single rates may be fixed for the combined water and sewer
services. Separate rates may be fixed for any water services to any other
municipality and separate sewer rates to any industrial establishment for
the purposes set forth in Section 11-139-2. These rates, whether separate
or combined, shall be sufficient at all times to (1) pay the cost of
operation and maintenance of the combined waterworks and sewerage system,
(2) provide an adequate depreciation fund, and (3) pay the principal of and
interest upon all revenue bonds issued under this Division. Rates shall be
established, revised, and maintained by ordinance and become payable as the
corporate authorities may determine by ordinance.
Whenever a municipality shall issue revenue bonds as provided by this
Division to pay the cost of the extension or improvement of its combined
waterworks and sewerage system or any part thereof to serve a particular
area of the municipality, the municipality may vary its rates to be charged
for the water and sewer services of the system or for either of them
effective upon the issuance of bonds as provided by this division to pay
the cost of the extension or improvement of its combined waterworks or
sewerage system or any part thereof to serve a particular area of a
municipality so that the rates to be charged for services in the particular
area to be served by such extension or improvement shall be calculated to
produce, in addition to the revenues generally to be produced by such
rates, sufficient funds to pay the principal of and interest upon the
revenue bonds issued to pay the cost of such extension or improvement for
that particular area.
Such charges or rates are liens upon the real estate upon or for which
service is supplied whenever the charges or rates become delinquent as
provided by the ordinance of the municipality fixing a delinquency date;
except the charges or rates established by contract for the supply of water
to another municipality. A lien is created under the preceding sentence only if
the municipality sends to the owner or owners of record of the real estate, as
referenced by the taxpayer's identification number, (i) a copy of each
delinquency notice sent to the person who is delinquent in paying the charges
or rates or other notice sufficient to inform the owner or owners of record, as
referenced by the taxpayer's identification number, that the charges or rates
have become delinquent and (ii) a notice that unpaid charges or rates may
create a lien on the real estate under this Section. However, the municipality
has no preference over the rights of any purchaser, mortgagee, judgment
creditor, or other lien holder arising prior to the filing of the notice of
such a lien in the office of the recorder of the county in which such real
estate is located, or in the office of the registrar of titles of such county
if the property affected is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. This notice shall consist of a sworn
statement setting out (1) a description of such real
estate sufficient for the identification thereof, (2) the amount of money
due for such service, and (3) the date when such amount became delinquent.
The municipality shall send a copy of the notice of the lien to the owner or owners of
record of the real estate, as referenced by the taxpayer's identification
number. The municipality has the power to foreclose this lien in the same
manner and with the same effect as in the foreclosure of mortgages on real
estate.
The municipality also has the power, from time to time, to sue the
occupant or user of the real estate in a civil action to recover the money
due for services rendered, plus a reasonable attorney's fee, to be fixed by
the court. Whenever a judgment is entered in such a civil action the
foregoing provisions in this section with respect to filing sworn
statements of such delinquencies in the office of the recorder and
creating a lien against the real estate shall not be effective thereafter
as to charges sued upon and no lien shall exist thereafter against the real
estate for the delinquency. Judgment in such a civil action operates as a
release and waiver of the lien for the amount of the judgment.
(Source: P.A. 87-1197.)
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(65 ILCS 5/11-139-9) (from Ch. 24, par. 11-139-9)
Sec. 11-139-9.
Whenever revenue bonds are issued under this Division 139,
sufficient revenue derived from the operation of such a combined waterworks
and sewerage system shall be deposited in a separate fund, designated as
the waterworks and sewerage fund of the municipality. It shall be used only
(1) to pay the cost of maintenance and operation of the combined system,
(2) to provide an adequate depreciation fund, and (3) to pay the principal
of and interest upon the revenue bonds of the municipality issued under
this Division 139.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-139-10) (from Ch. 24, par. 11-139-10)
Sec. 11-139-10.
Any municipality operating a combined waterworks and
sewerage system under this Division 139, shall set up and maintain a proper
system of accounts showing the amount of revenue received from the combined
waterworks and sewerage system and the application of this revenue. At
least once each year the municipality shall have these accounts properly
audited, and a report of this audit shall be open to the public for
inspection at all reasonable times.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-139-11) (from Ch. 24, par. 11-139-11)
Sec. 11-139-11.
The holder of any bond or of any coupon of any bond issued under this
Division 139 may proceed by civil action to compel performance of all
duties required by this Division 139, including the making and collection
of sufficient rates for the purposes specified in this Division 139 and the
application of the revenue therefrom to those purposes.
(Source: P.A. 77-942.)
|
(65 ILCS 5/11-139-12) (from Ch. 24, par. 11-139-12) Sec. 11-139-12. Acquisition by eminent domain. For the purpose of acquiring, constructing, extending, or
improving any combined waterworks and sewerage system under this Division
139, or any property necessary or appropriate therefor, any municipality
has the right of eminent domain, as provided by the Eminent Domain Act. The fair cash market value of an existing waterworks and sewerage system,
or portion thereof, acquired under this Division 139, which existing system
is a special use property,
may be determined by considering Section 15 of Article I of the Illinois Constitution, the Eminent Domain Act, and the Uniform Standards of Professional Appraisal Practice and giving due consideration to the income, cost, and market approaches to valuation based on the type and character of the assets being acquired. In making the valuation determination, the historical and projected revenue attributable to the assets, the costs of the assets, and the condition and remaining useful life of the assets may be considered while giving due account to the special use nature of the property as used for water and sewerage purposes. Additionally, in determining the fair cash market value of existing utility facilities, whether real or personal, consideration may be given to the depreciated value of all facilities and fixtures constructed by the utility company and payments made by the utility company in connection with the acquisition or donation of any waterworks or sanitary sewage system. Except as is provided in subsection (h) of Section 10-5-10 of the Eminent Domain Act, no prior approval of the Illinois Commerce
Commission, or any other body having jurisdiction over the existing system,
is required.(Source: P.A. 103-13, eff. 6-9-23.) |
(65 ILCS 5/Art. 11 Div. 140 heading) DIVISION 140.
OUTLET SEWERS OUTSIDE MUNICIPAL
BOUNDARIES
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(65 ILCS 5/11-140-1) (from Ch. 24, par. 11-140-1)
Sec. 11-140-1.
In every municipality with a population of 100,000 or less
which has a sewage system but has no adequate outlet therefor, or any
proper disposition of the sewage thereof, without constructing an outlet
sewer the terminus of which will be outside the corporate limits of the
municipality, the corporate authorities thereof may (1) construct an outlet
sewer, wholly without, or partially within and partially without the
corporate limits of the municipality into which the sewers throughout the
municipality are to empty, and through which the sewers are to discharge
their sewage for proper disposition and sanitary benefits, (2) construct
reservoirs, erect pumping works, machinery, and plants for the treatment of
the sewage within or without the corporate limits of the municipality, (3)
acquire the necessary land and machinery for these purposes, and (4)
otherwise provide for discharge of the municipality's sewage into channels
that will promote the health and improve the sanitary condition of and
accomplish the purpose of an outlet sewer for the municipality. The cost of
exercising the powers conferred by this section shall be borne by special
assessment or by special taxation upon the property in those portions of
the municipality the sewers in which are ultimately to find their outlet
through the outlet sewer so constructed.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-140-2) (from Ch. 24, par. 11-140-2)
Sec. 11-140-2.
The corporate authorities of such municipality may maintain
and keep in repair the outlet sewers, purification plants, reservoirs,
pumping works, and machinery provided for in Section 11-140-1. The cost of
the maintenance and repair shall be borne by special assessment or by
special taxation upon the property specified in Section 11-140-1. No lot,
block, or parcel of land shall be assessed more than once in any one year
for such maintenance and repair.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-140-3) (from Ch. 24, par. 11-140-3)
Sec. 11-140-3.
The corporate authorities of such a municipality may acquire
by purchase, gift, condemnation, or otherwise, all the real and personal
property, rights-of-way, and easements within or without the corporate
limits of the municipality necessary for the construction and maintenance
of the outlet sewers and works authorized by Section 11-140-1. The
corporate authorities have the same control and jurisdiction of this
property which is without as of that which is within the municipality.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-140-4) (from Ch. 24, par. 11-140-4)
Sec. 11-140-4.
When the corporate authorities of a municipality determine
to construct improvements provided for in Section 11-140-1, they shall do
so by an ordinance which shall prescribe whether the improvements shall be
made by special assessment or by special taxation. The ordinance shall also
prescribe the nature, character, locality, and description of the
improvements, either by setting forth the same in the ordinance itself, or
by reference to maps, plats, plans, profiles, or specifications thereof on
file in the office of the municipal clerk, or by both methods.
The ordinance shall also describe by reasonably well understood
boundaries, those portions of the municipality the sewerage of which is to
be conducted by sewers already laid, or by those contemplated to be laid,
into and through the outlet sewer provided for by Section 11-140-1. This
property within those boundaries shall be assessable for the cost of this
outlet sewer improvement. If property is to be taken or damaged for this
improvement, the ordinance shall describe the property with reasonable
certainty.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-140-5) (from Ch. 24, par. 11-140-5)
Sec. 11-140-5.
All proceedings preliminary to the passage of the ordinance,
the enactment of the ordinance and the provisions thereof, and all
subsequent proceedings, including the filing of the petition, steps
necessary to the making of the assessment roll, the return thereof to the
court, notices to parties assessed, newspaper publications, confirmation of
assessment by court, delivery of roll to the collector, collection of
assessments, return of delinquent lists, application for judgments against
delinquents, tax sales on delinquents, and tax deeds necessary to be taken
to make, levy, confirm, and collect an assessment, and to pay the cost by
special assessment or by special taxation of the outlet sewer provided for
by Section 11-140-1, as well as proceedings for the condemnation of
property, the manner of awarding contracts, doing and superintending the
work, and paying the contractor therefor, shall be in accordance with the
provisions of Article 9, except in so far as the provisions of this
Division 140 are inconsistent therewith.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-140-6) (from Ch. 24, par. 11-140-6)
Sec. 11-140-6.
For the purpose of anticipating the collection of the second
and succeeding installments provided for by this Division 140, every
municipality specified in Section 11-140-1 may issue and retire bonds in
accordance with the provisions and regulations of Article 9.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/Art. 11 Div. 141 heading) DIVISION 141.
SEWERAGE SYSTEMS AND ABATEMENT
OF POLLUTION FROM INDUSTRIAL WASTES
|
(65 ILCS 5/11-141-1) (from Ch. 24, par. 11-141-1)
Sec. 11-141-1.
When used in this Division 141, "sewerage system" means and
includes any or all of the following: a sewage treatment plant or plants,
collecting, intercepting and outlet sewers, force mains, conduits, lateral
sewers and extensions, pumping stations, ejector stations, and all other
appurtenances, extensions or improvements necessary or useful and
convenient for the collection, treatment, and disposal, in a sanitary
manner, of sewage and industrial wastes. The term also includes the
disconnection of storm water drains and constructing outlets therefor,
where, in any case, such work is necessary to relieve existing sanitary
sewers of storm water loads, in order to permit the efficient operation of
such sanitary sewers for collection, treatment, and disposal of sewage and
industrial wastes.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-2) (from Ch. 24, par. 11-141-2)
Sec. 11-141-2.
Every municipality may construct or acquire, and may improve, extend,
and operate a sewerage system either within or without the corporate limits
thereof. Every municipality also may, when determined by its corporate
authorities to be in the public interest and necessary for the protection
of the public health, enter into and perform contracts, whether long-term
or short-term, with any industrial establishment for the provision and
operation by the municipality of sewerage facilities to abate or reduce the
pollution of waters caused by discharges of industrial wastes by the
industrial establishment and the payment periodically by the industrial
establishment to the municipality of amounts at least sufficient, in the
determination of such corporate authorities, to compensate the municipality
for the cost of providing (including payment of principal and interest
charges, if any), and of operating and maintaining the sewerage facilities
serving such industrial establishment.
Every municipality may borrow money from the United States Government or
any agency thereof, or from any other source, for the purpose of improving
or extending or for the purpose of constructing or acquiring and improving
and extending a sewerage system and, as evidence thereof, may issue its
revenue bonds, payable solely from the revenue derived from the operation
of the sewerage system by that municipality. These bonds may be issued with
maturities not exceeding 40 years from the date of the bonds, and in such
amounts as may be necessary to provide sufficient funds to pay all the
costs of the improvement or extension or construction or acquisition and
improvement and extension of the sewerage system, including engineering,
legal, and other expenses, together with interest, to a date 6 months
subsequent to the estimated date of completion. These bonds shall bear
interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually, may
be made registerable as to principal, and may be made callable on any
interest payment date at a price of par and accrued interest under such
terms and conditions as may be fixed by the ordinance authorizing the
issuance of the bonds. Bonds issued under this Division 141 are negotiable
instruments. They shall be executed by the mayor or president of the
municipality and by the municipal clerk and shall be sealed with the
corporate seal of the municipality. In case any officer whose signature
appears on the bonds or coupons ceases to hold that office before the bonds
are delivered, his signature, nevertheless, shall be valid and sufficient
for all purposes, the same as though he had remained in office until the
bonds were delivered. The bonds shall be sold in such manner and upon such
terms as the corporate authorities shall determine, except that the selling
price shall be such that the interest cost to the municipality of the
proceeds of the bonds shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually,
computed to maturity according to the standard table of bond values.
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.)
|
(65 ILCS 5/11-141-3) (from Ch. 24, par. 11-141-3)
Sec. 11-141-3.
Whenever the corporate authorities of a municipality determine to
improve or extend or to construct or acquire and improve and extend a
sewerage system and to issue bonds, under this Division 141, for the
payment of the cost thereof, the corporate authorities shall adopt an
ordinance describing, in a general way, the contemplated project. It is
not necessary that the ordinance refer to plans and specifications nor
that there be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the project.
Whenever a municipality has been directed by an order issued under
"An Act to establish a Sanitary Water Board and to control, prevent and
abate pollution of the streams, lakes, ponds and other surface and
underground waters in the State, and to repeal an Act named therein",
approved July 12, 1951, as now or hereafter amended, or the
"Environmental Protection Act", enacted by the 76th
General Assembly, to abate its discharge of untreated or inadequately
treated sewage, this fact shall be set out in the ordinance, unless the
order to abate the discharge has been reversed on appeal.
The ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, and fix the amount of
revenue bonds proposed to be issued, the maturity or maturities, the
interest rate, which shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and all the details
in connection with the bonds. The ordinance may contain such covenants
and restrictions upon the issuance of additional revenue bonds
thereafter, which will share equally the revenue of the sewerage system,
as may be deemed necessary or advisable for the assurance of the payment
of the bonds first issued. Any municipality may also provide in the
ordinance authorizing the issuance of bonds under this Division 141 that
the bonds, or such ones thereof as may be specified, 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 as are designated in the
ordinance.
The ordinance shall pledge the revenue derived from the operation of
the sewerage system for the purpose of paying the cost of operation and
maintenance of the system, providing an adequate depreciation fund, and
paying the principal and interest on the bonds of the municipality
issued under this Division 141.
This amendatory Act (Public Act 76-1983) applies to bonds which are
authorized but not sold on its effective date.
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.)
|
(65 ILCS 5/11-141-4) (from Ch. 24, par. 11-141-4)
Sec. 11-141-4.
Within 10 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.
If the ordinance specifies that the municipality has been directed by
an order issued under the provisions of "An Act to establish a Sanitary
Water Board and to control, prevent and abate pollution of the streams,
lakes, ponds and other surface and underground waters in the State, and
to repeal an Act named therein", approved July 12, 1951, as heretofore
and hereafter amended, and the Environmental Protection Act, to abate its
discharge of untreated or inadequately treated sewage, the ordinance
authorizing the issuance of those revenue bonds shall be in effect
immediately upon its adoption and publication, or posting, as provided in
this section, notwithstanding any provision in this Code or any other law
to the contrary.
In all other cases, if no petition is filed with the municipal clerk
as hereinafter provided in this section, within 30 days after the
publication or posting of the ordinance, the ordinance shall be in
effect after the expiration of that 30 day period. In such cases
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 improving or extending or of construction or
acquiring and improving and extending a sewerage system and of issuing
revenue 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. But if within that 30 day period a petition is filed with
the municipal clerk signed by electors of the municipality numbering 10% or
more of the number of registered voters in the municipality, asking that
the question of improving or extending or of construction or acquiring
and improving and extending a sewerage system and of issuing revenue
bonds to pay the cost thereof be submitted to the electors of the
municipality, the municipal clerk of the municipality shall certify the
question for submission at an election.
If a majority of the electors voting upon the question
voted in favor thereof, the ordinance shall be in effect, but if a
majority of the electors voting upon the questions are not in favor
thereof, the ordinance shall not take effect.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-141-5) (from Ch. 24, par. 11-141-5)
Sec. 11-141-5.
All bonds issued under this Division 141 are payable solely
from the revenue derived from the operation of the sewerage system;
provided, that bonds issued under this Division 141 may also be
payable from funds pledged by the municipality issuing such bonds pursuant
to the Illinois Finance Authority
Act.
Notwithstanding any such pledge or any other matter, these
bonds 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 141 and that it does not
constitute an indebtedness of the municipality within any constitutional or
statutory limitation.
(Source: P.A. 93-205, eff. 1-1-04.)
|
(65 ILCS 5/11-141-6) (from Ch. 24, par. 11-141-6)
Sec. 11-141-6.
So long as any revenue bonds of the municipality under the
provisions of this Division 141 are outstanding, all revenue derived from
the operation of such a sewerage system shall be set aside as collected,
and deposited in a special fund of the municipality, and this revenue shall
be used only for the purpose of paying the cost of operating and
maintaining the sewerage system, providing an adequate depreciation fund,
and paying the principal of and interest on the bonds issued by the
municipality under the provisions of this Division 141. When no such
revenue bonds are outstanding, such revenue shall be used for the purpose
of paying the principal of and interest on any other bonds or indebtedness
issued or incurred by the municipality for the construction, acquisition,
improvement, extension, operation or improvement of the sewerage system, or
for paying for the construction, acquisition, improvement, extension,
operation or improvement of the sewerage system.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-7) (from Ch. 24, par. 11-141-7)
Sec. 11-141-7.
Powers.
The corporate authorities of any municipality that
owns and operates or that may hereafter own and operate a sewerage system
constructed or acquired under the provisions of any law of this state may
make, enact, and enforce all needful rules, regulations, and ordinances for
the improvement, care, and protection of its sewerage system and any other
sewer or sewerage system, located outside the corporate boundary of the
municipality and not owned by it, that directly or indirectly connects with
the municipality's sewerage system, which may be conducive to the
preservation of the public health, comfort, and convenience, and may render
the sewage carried in the sewerage system of the municipality harmless in
so far as it is reasonably possible to do so.
The corporate authorities of such a municipality may, by ordinance,
charge the inhabitants thereof for the use and service of its sewerage
system whether by direct or indirect connection therewith within or without
the corporate boundary, and to establish charges or rates for that purpose.
The corporate authorities of such a municipality may by ordinance charge
the users thereof, whether they be inside of or outside of the
municipality, for the use and service of its sewerage system whether by
direct or indirect connection therewith, within or without the corporate
boundary, and may establish charges or rates for that purpose, provided
however that where such users are residents of another municipality with
whom there is a contract for use and service of the sewerage system, then
such charges or rates shall be made in accordance with the terms of the
contract, either directly to the users or to the contracting municipality
as may be provided by the provisions of the contract. In making such rates
and charges the municipality may provide for a rate to the outside users in
excess of the rate fixed for the inhabitants of said municipality as may be
reasonable. Where bonds are issued as provided in Sections 11-141-2 and
11-141-3, the corporate authorities shall establish rates or charges as
provided in this section, and these charges or rates shall be sufficient at
all times to pay the cost of operation and maintenance, to provide an
adequate depreciation fund, and to pay the principal of and interest upon
all revenue bonds issued under Sections 11-141-2 and 11-141-3.
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 system. The depreciation fund shall not be allowed to accumulate beyond
a reasonable amount necessary for that purpose, and shall not be used for
extensions to the system.
Charges or rates shall be established, revised, and maintained by
ordinance and become payable as the corporate authorities may determine by
ordinance.
Such charges or rates are liens upon the real estate upon or for which
sewerage service is supplied whenever the charges or rates become
delinquent as provided by the ordinance of the municipality fixing a
delinquency date. A lien is created under the preceding sentence only if the
municipality sends to the owner or owners of record, as referenced by the
taxpayer's identification number, of the real estate (i) a copy of each
delinquency notice sent to the person who is delinquent in paying the charges
or rates or other notice sufficient to inform the owner or owners of record, as
referenced by the taxpayer's identification number, that the charges or rates
have become delinquent and (ii) a notice that unpaid charges or rates may
create a lien on the real estate under this Section. However, the municipality
has no preference over the rights of any purchaser, mortgagee, judgment
creditor, or other lien holder arising prior to the filing of the notice of
such a lien in the office of the recorder of the county in which such real
estate is located, or in the office of the registrar of titles of such county
if the property affected is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. This notice shall consist of a sworn
statement setting out (1) a description of such real estate sufficient for the
identification thereof, (2) the amount of money due for such sewerage service,
and (3) the date when such amount became delinquent. The municipality shall
send a copy of the notice of the lien to the owner or owners of
record of the real estate, as referenced by the taxpayer's identification
number. The municipality has the power to foreclose this lien in the same
manner and with the same effect as in the foreclosure of mortgages on real
estate.
Except in counties with a population of more than 250,000 where the majority
of the municipal sewerage system users are located outside of the
municipality's
corporate limits, the payment of delinquent charges for sewerage service to
any premises may be enforced by discontinuing either the water service or the
sewerage service to that premises, or both.
A rate or charge is delinquent if it is more than 30 days
overdue. Any public or municipal corporation
or political
subdivision of the State furnishing water service to a premises (i) shall
discontinue that service upon receiving written notice from the municipality
providing sewerage service that payment of the rate or charge for
sewerage
service to the premises has become delinquent and (ii) shall not resume water
service until receiving a similar notice that the delinquency has been removed.
The provider of sewerage service shall not request discontinuation of water
service before sending a notice of the delinquency to the sewer user and
affording the user an opportunity to be heard.
An investor-owned public utility providing water service within a municipality
that provides sewerage service may contract with the municipality to
discontinue
water service to a premises with respect to which the
payment of a rate or charge for sewerage service has become delinquent.
The municipality shall reimburse the privately owned public utility, public or
municipal corporation, or
political subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service, any
lost water service revenues, and the costs of discontinuing water service.
The municipality shall indemnify the privately owned public utility, public or
municipal corporation, or political subdivision of the State for any judgment
and related attorney's fees resulting from an action based on any provision of
this paragraph.
The municipality also has the power, from time to time, to sue the
occupant or user of that real estate in a civil action to recover money due
for sewerage services, plus a reasonable attorney's fee, to be fixed by the
court. However, whenever a judgment is entered in such a civil action, the
foregoing provisions in this section with respect to filing sworn
statements of such delinquencies in the office of the recorder and
creating a lien against the real estate shall not be effective as to the
charges sued upon and no lien shall exist thereafter against the real
estate for the delinquency. Judgment in such a civil action operates as a
release and waiver of the lien upon the real estate for the amount of the
judgment.
(Source: P.A. 93-500, eff. 6-1-04.)
|
(65 ILCS 5/11-141-8) (from Ch. 24, par. 11-141-8)
Sec. 11-141-8.
Every municipality which issues bonds under this Division
141 shall install and maintain a proper system of accounts showing the
amount of revenue received from the sewerage system and the application of
that revenue. At least once each year the municipality shall have the
accounts properly audited. A report of that audit shall be open for
inspection at all proper times to any taxpayer, sewerage system user, or
the holder of any bond issued under this Division 141, or their respective
representatives.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-9) (from Ch. 24, par. 11-141-9)
Sec. 11-141-9.
The holder of any bond issued under this Division 141, or of
any coupon representing interest accrued thereon, by any
civil action, mandamus, injunction or other proceeding, may compel the
officials of the municipality
issuing the bonds to perform all duties imposed upon them by the provisions
of this Division 141, including the making and collection of sufficient
charges or rates for that purpose and the application of the revenue from
the sewerage system.
(Source: P.A. 83-345.)
|
(65 ILCS 5/11-141-10) (from Ch. 24, par. 11-141-10)
Sec. 11-141-10. For the purpose of improving or extending, or constructing
or acquiring and improving and extending a sewerage system under this
Division 141, a municipality may acquire any property necessary or
appropriate therefor by eminent domain as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-141-10.1)
Sec. 11-141-10.1. Annexation of territory including township sewerage
system. (a) If a
municipality
annexes part or all of the territory in which a township operates a sewerage
system that includes a sewage treatment plant or plants, and if the
corporate authorities of the municipality do not operate a sewerage system that includes a sewage treatment plant or plants, the township shall be responsible for that
portion of the
sewerage system within the annexed territory. Any user fees attributable to the annexed territory shall remain with the township, unless, by agreement, the township assigns those fees. (b) If a municipality annexes part or all of the territory in which a township operates a sewerage system that does not include a sewage treatment plant or plants, the authority responsible for operating the sewerage system within the annexed territory shall assume responsibility for that portion of the sewerage system within the annexed territory. Beginning upon the date of annexation, any user fees attributable to the maintenance and operation of the sewerage system shall be collected by the corporate authorities of the municipality.
(Source: P.A. 94-475, eff. 8-4-05.) |
(65 ILCS 5/11-141-10.5)
Sec. 11-141-10.5.
Sewerage systems; adjacent municipality's access to
other jurisdictions. The corporate authorities of any municipality shall not
restrain or interfere with an adjacent municipality's construction,
maintenance, alteration, or extension of a sewerage system that accesses
intercepting and outlet sewers of a third consenting wastewater treatment
authority outside of the adjacent municipality's corporate boundaries provided
that
the construction, maintenance, alteration, or extension is an appropriate or
practical route, according to any Environmental Protection Agency engineer, and
is necessary to maintain or establish compliance with the Environmental
Protection Act or rules or regulations
promulgated by the Pollution Control Board.
Any municipality granting access to intercepting and outlet sewers of a third
consenting wastewater treatment authority may recover only its actual costs,
including but not limited to inspection, regulation, administration, and repair
costs, associated with any construction, maintenance, extension, or alteration
of the existing system.
(Source: P.A. 90-190, eff. 7-24-97.)
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(65 ILCS 5/11-141-11) (from Ch. 24, par. 11-141-11)
Sec. 11-141-11.
Every municipality may construct or acquire a sewerage
system to serve a particular locality within its corporate limits or to
extend or improve an existing sewerage system for the purpose of serving a
particular locality within the municipality not theretofore served by its
existing sewerage system, and may pay the cost thereof by the issuance and
sale of revenue bonds of the municipality, payable solely from the revenue
derived from the operation of the entire sewerage system or systems of the
municipality. Except insofar as inconsistent with this section, the
provisions of Sections 11-141-1 through 11-141-10 govern all matters
connected with a project under this section.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-12) (from Ch. 24, par. 11-141-12)
Sec. 11-141-12.
Every municipality also may construct or acquire a sewerage
system to serve a particular locality within its corporate limits or to
extend or improve an existing sewerage system for the purpose of serving a
particular locality within the municipality not theretofore served by its
existing sewerage system, and may pay the cost thereof by the issuance and
sale of revenue bonds of the municipality, payable solely from the revenue
derived from the operation of the sewerage system constructed or acquired
for that particular locality, or from the revenue to be derived from the
operation of the improvements and extensions of an existing system. Except
insofar as inconsistent with this section, the provisions of Section
11-141-2 govern all matters connected with the bonds issued under this
section.
Bonds issued under this section are payable solely from revenue derived
from the operation of that sewerage system or improvement or extension.
These bonds shall not, in any event, constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation, and it shall be so stated on the face of each bond. The face of
each bond shall also contain a description of the locality for which that
system or improvement or extension is constructed or acquired.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-13) (from Ch. 24, par. 11-141-13)
Sec. 11-141-13.
The corporate authorities of any municipality intending to
avail itself of the provisions of Sections 11-141-12 through 11-141-18
shall adopt a resolution declaring its intention to construct or acquire a
sewerage system for a particular locality within the municipality, or its
intention to make an extension or improvement to an existing sewerage
system for a particular locality, and describing the project to be
constructed and the boundaries of the locality to be served thereby. The
corporate authorities shall also determine the estimated cost of the
project, approve a report of the engineer for the municipality of the
possible rates to be charged to users of the sewerage system or improvement
or extension, and set a date for a public hearing on the question of
whether or not the project should be constructed.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-14) (from Ch. 24, par. 11-141-14)
Sec. 11-141-14.
Notice of the public hearing shall be sent by mail to the
persons who paid the general taxes for the last preceding year on each lot,
block, tract, or parcel of land within the boundaries of the locality to be
served by the proposed project and also to each occupant of premises within
the locality. Notice shall also be published at least once, the first
publication being not more than 30 nor less than 15 days before the date
set for the hearing, 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 notice shall state (1) the
time and place of the hearing, (2) the intention of the corporate
authorities to construct or acquire the system or to extend or improve the
existing system, (3) a description of the project to be constructed or
acquired and the boundaries of the locality to be served thereby, (4) the
estimated cost of the project, and (5) the probable rates to be charged the
users of the system or improvement or extension.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-15) (from Ch. 24, par. 11-141-15)
Sec. 11-141-15.
At the time and place fixed in the notice for the public
hearing, the corporate authorities shall meet and hear the representations
of any person desiring to be heard on the subject of the construction or
acquisition of the proposed project, the nature thereof, the cost as
estimated, and the probable rates to be charged. After the hearing has been
had and all persons desiring to appear have been heard, the corporate
authorities shall adopt a new resolution adopting, altering, amending,
changing, or modifying the former resolution or abandoning the project.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-141-16) (from Ch. 24, par. 11-141-16)
Sec. 11-141-16.
Powers; particular locality.
If after the public hearing
the corporate authorities of
the municipality adopt a resolution to proceed with the construction or
acquisition of the project, the corporate authorities may make and enforce
all needful rules and regulations in connection with the construction,
acquisition, improvement, or extension, and with the management and maintenance
of the project to be constructed or acquired. The corporate authorities also
may establish the rate or charge to each user of the sewerage system or
improvement or extension at a rate which will be sufficient to pay the
principal and interest of any bonds, issued to pay the cost thereof,
maintenance, and operation of the system, improvement, or extension and may
provide an adequate depreciation fund therefor. Charges or rates shall be
established, revised, and maintained by ordinance and become payable as the
corporate authorities may determine by ordinance. Such charges or rates are
liens upon the real estate upon or for which sewerage service is supplied
whenever the charges or rates become delinquent as provided by the ordinance of
the municipality fixing a delinquency date. A lien is created under the
preceding sentence only if the municipality sends to the owner or owners of
record of the real estate, as referenced by the taxpayer's identification
number, (i) a copy of each delinquency notice sent to the person who is
delinquent in paying the charges or rates or other notice sufficient to inform
the owner or owners of record, as referenced by the taxpayer's identification
number, that the charges or rates have become delinquent and (ii) a notice that
unpaid charges or rates may create a lien on the real estate under this
Section. However, the municipality has no preference over the rights of any
purchaser, mortgagee, judgment creditor, or other lien holder arising prior to
the filing of the notice of such a lien in the office of the recorder of the
county in which such real estate is located or in the office of the registrar
of titles of such county if the property affected is registered under "An Act
concerning land titles", approved May 1, 1897, as amended. This notice shall
consist of a sworn statement setting out (1) a description of such real estate
sufficient for the identification thereof, (2) the amount of money due for such
sewerage service, and (3) the date when such amount became delinquent, (4) the
owner of record of the premises. The municipality shall send a copy of the
notice of the lien to the owner or owners of record of the real estate, as
referenced by the taxpayer's identification number. The municipality may
foreclose this lien in the same manner and with the same effect as in the
foreclosure of mortgages on real estate.
Except in counties with a population of more than 250,000 where the
majority
of the municipal sewerage
system users are located outside of the municipality's corporate limits, the
payment of delinquent charges for sewerage service to any premises may be
enforced by discontinuing either the water service or the sewerage service to
that premises, or both.
A rate or charge is delinquent if it is more than 30 days
overdue. Any public or municipal corporation
or political
subdivision of the State furnishing water service to a premises (i) shall
discontinue that service upon receiving written notice from the municipality
providing sewerage service that payment of the rate or charge for
sewerage
service to the premises has become delinquent and (ii) shall not resume water
service until receiving a similar notice that the delinquency has been removed.
The provider of sewerage service shall not request discontinuation of water
service before sending a notice of the delinquency to the sewer user and
affording the user an opportunity to be heard.
An investor-owned public utility providing water service within a municipality
that provides sewerage service may contract with the municipality to
discontinue
water service to a premises with respect to which the
payment of a rate or charge for sewerage service has become delinquent.
The municipality shall reimburse the privately owned public utility, public or
municipal corporation, or
political subdivision of the State for the reasonable cost of the
discontinuance and the resumption of water service, any
lost water service revenues, and the costs of discontinuing water service.
The municipality shall indemnify the privately owned public utility, public or
municipal corporation, or political subdivision of the State for any judgment
and related attorney's fees resulting from an action based on any provision of
this paragraph.
The municipality also may, from time to time, sue the occupant or user
of the real estate in a civil action to recover the money due for sewerage
services, plus a reasonable attorney's fee, to be fixed by the court. However,
whenever a judgment is entered in such a civil action, the foregoing provision
in this section with respect to filing sworn statements of such delinquencies
in the office of the recorder and creating a lien against the
real estate shall not be effective as to the charges sued upon and no lien
shall exist thereafter against the real estate for that delinquency. Judgment
in such a civil action operates as a release and waiver of the lien upon
the real estate for the amount of the judgment. The charge provided in this
section to be made against each user of an improvement or extension shall
be in addition to the charge, if any, made of all users of the system under
Section 11-141-7 and shall be kept separate and distinct therefrom.
This amendatory Act of 1975 is not a limit on any municipality which is
a home rule unit.
(Source: P.A. 93-500, eff. 6-1-04.)
|
(65 ILCS 5/11-141-17) (from Ch. 24, par. 11-141-17)
Sec. 11-141-17.
If the corporate authorities adopt a resolution to proceed
with the construction or acquisition of the project as provided in Section
11-141-16, they shall adopt an ordinance providing for the issuance of the
bonds. The ordinance shall contain the necessary detail and data provided
for by Section 11-141-3. It shall not be necessary that the ordinance refer
to plans and specifications nor that there be on file for public inspection
prior to the adoption of such ordinance detailed plans and specifications
of the project. Within 10 days after the 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 ordinance shall become
effective 10 days after the publication.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-141-18) (from Ch. 24, par. 11-141-18)
Sec. 11-141-18.
All revenue derived from the operation of such a sewerage
system, improvement, or extension shall be set aside as collected, and
deposited in a special fund of the municipality. It shall be used only for
the purpose of paying the cost of operating and maintaining the sewerage
system, improvement, or extension, providing an adequate depreciation fund,
and paying the principal and interest on the bonds issued by the
municipality under Sections 11-141-12 through 11-141-18 for the purpose of
constructing or acquiring the system, improvement, or extension.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 142 heading) DIVISION 142.
SEWAGE TREATMENT AND DISPOSAL
|
(65 ILCS 5/11-142-1) (from Ch. 24, par. 11-142-1)
Sec. 11-142-1.
Subject to the provisions of Section 11-142-2,
whenever a municipality which is not in a sanitary district has
constructed a sewage treatment or disposal plant or plants, the
municipality may levy an annual tax of not to exceed .075% of the value,
as equalized or assessed by the Department of Revenue,
of all taxable property therein for the operation and maintenance of the
plant or plants. The tax shall be in addition to all other taxes
authorized by law to be levied and collected in the municipality and
shall be in addition to taxes levied for general purposes as authorized
by Section 8-3-1.
The foregoing limitation upon tax rates may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
|
(65 ILCS 5/11-142-2) (from Ch. 24, par. 11-142-2)
Sec. 11-142-2.
Section 11-142-1 shall be in force in any municipality
in which "An Act to provide for a tax for the operation and maintenance
of sewage treatment and disposal plants in municipalities which are not
in any sanitary district," approved May 2, 1932, has been heretofore
adopted and was in force immediately prior to January 1, 1942. Section
11-142-1 shall not be in force in any other municipality until the
question of its adoption is certified by the clerk and submitted to the electors of the
municipality at an election in accordance with the general election law,
and approved by a majority of those voting thereon.
The question shall be in substantially the
following form:
Shall Section 11-142-1 of theIllinois Municipal Code, providing YESfor a tax for the operation andmaintenance of sewage treatment and disposal plants in municipalitieswhich are not in any sanitary NOdistrict, be adopted?
If a majority of the electors of the municipality voting on the
question vote in favor of adopting Section 11-142-1, it shall become
operative in that municipality.
(Source: P.A. 81-1489.)
|
(65 ILCS 5/11-142-3) (from Ch. 24, par. 11-142-3)
Sec. 11-142-3.
In addition to all other taxes now or hereafter
authorized, the corporate authorities of each municipality may levy and
collect, without referendum, a tax for the purpose of paying the
expenses of the chlorination of sewage, or other means of disinfection
or additional treatment as may be required by water quality standards
approved or adopted by the Pollution Control Board or by the court,
which tax may be extended at a rate not to exceed .02% of the value of
all taxable property within the municipality as equalized or assessed by
the Department of Revenue.
(Source: P.A. 81-1509.)
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(65 ILCS 5/Art. 11 Div. 143 heading) DIVISION 143.
CITY SEWERAGE FUND TAX
|
(65 ILCS 5/11-143-1) (from Ch. 24, par. 11-143-1)
Sec. 11-143-1.
The corporate authorities of any municipality which now has, or
hereafter may have, established a system of sewerage for the municipality,
annually may levy and collect a tax not to exceed .01666% of the value,
as equalized or assessed by the Department of Revenue,
of the taxable real and personal property in the municipality, for the extension
and laying of sewers in the municipality and for the maintenance of those
sewers. However, the board of public works of the municipality, if any, or the
head of the municipality's sewer department, shall first certify to the
corporate authorities the amount that will be necessary for those purposes. The tax
shall be known as the sewerage fund tax and shall be levied and
collected in the same manner as are the other general taxes of the municipality.
A two-thirds majority of all the corporate authorities may levy and collect
annually, a tax not to exceed .10% of
the value, as equalized or assessed by the Department of Revenue, of the
taxable real and personal property in the
municipality, for the specified purposes. Nothing in this Section increases the
aggregate amount of tax, as limited in Section 8-3-1, that may be levied
in any one year.
(Source: P.A. 81-1550.)
|
(65 ILCS 5/11-143-2) (from Ch. 24, par. 11-143-2)
Sec. 11-143-2.
Upon approval by referendum as hereinafter provided,
the city council of any city having a population of less than 100,000
inhabitants which operates a sewage disposal plant may levy and collect
an annual tax of not to exceed .075% of the assessed valuation of the
taxable property in the city for the purpose of operating and
maintaining such sewage disposal plant. However, the board of public
works of the city, if any, or the head of the city's sewer department,
shall first certify to the city council the amount that will be
necessary for such purpose. This tax shall be levied and collected in
like manner as the general taxes for city purposes and shall not be
included within any limitation of rate prescribed by Section 8-3-1 but
shall be excluded therefrom and shall be in addition thereto and in
excess thereof.
This Section shall not be in force in any municipality until the
question of its adoption is certified by the clerk and submitted to
the electors of the
municipality at an election in accordance with the general election law
and approved by a majority of those voting thereon.
The question shall be in substantially the
following form:
Shall Section 11-143-1 ofthe Illinois Municipal Code, YESproviding for an additionaltax for the operation and maintenance of a sewage NOdisposal plant, be adopted?
If a majority of the electors of the municipality voting on the
question vote in favor of adopting this section, it shall become
operative in that municipality.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 144 heading) DIVISION 144.
TAX TO PAY DEFAULTED SEWERAGE
SYSTEM BONDS
|
(65 ILCS 5/11-144-1) (from Ch. 24, par. 11-144-1)
Sec. 11-144-1.
For the purpose of Sections 11-144-2 and 11-144-3, "sewerage
system" means a sewage treatment plant or plants, collecting, intercepting
and outlet sewers, force mains, conduits, lateral sewers and extensions,
pumping stations, ejector stations and all other appurtenances, extensions,
or improvements necessary or useful and convenient for the collection,
treatment, and disposal, in a sanitary manner, of sewage and industrial
wastes.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-144-2) (from Ch. 24, par. 11-144-2)
Sec. 11-144-2.
Subject to the provisions of Section 11-144-3, when a
municipality with a population of less than 3,000 has issued revenue bonds
prior to July 22, 1939, for the purpose of constructing or acquiring
sewerage systems, and payment of the principal and interest on these bonds
has been defaulted, the corporate authorities thereof annually may levy and
collect a tax upon the taxable real and personal property in the
municipality not to exceed .5% on the dollar. The proceeds of this tax
shall be used for the payment of the defaulted principal and interest on
the specified bonds. The tax shall be levied and collected in the same
manner as are other general taxes of the municipality.
(Source: P.A. 76-1593.)
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(65 ILCS 5/11-144-3) (from Ch. 24, par. 11-144-3)
Sec. 11-144-3.
The corporate authorities of a municipality specified
in Section 11-144-2, by ordinance, may cause the question of the levy of
the tax to be submitted to the electors at an election in accordance with
the general election law. The question shall be certified by the clerk of
the municipality to the proper election authority.
The question shall be in substantially the following form:
Shall a tax not exceeding .5%be levied each year on all taxable YESproperty in the .... of .... forthe purpose of redeeming defaulted revenue bonds, and accrued interestthereon, issued for the purpose of NOconstructing or acquiring sewerage systems?
The levy is authorized if the majority of votes cast on the
proposition are in favor thereof. The corporate authorities shall then
levy a tax annually, not exceeding the rate authorized by that election,
until the amount necessary to redeem the principal and interest on the
specified bonds is collected.
Any municipality whose electors have approved the levy of an annual
tax under "An Act to authorize cities, villages and incorporated towns
to levy a tax for the redemption of defaulted revenue bonds, and accrued
interest thereon, issued for the purpose of constructing or acquiring
sewerage systems," approved July 22, 1939, shall continue to levy the
tax annually, not exceeding one-half of the rate authorized at the
election, until the amount necessary to redeem the principal of and
interest on the specified bonds is collected.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 145 heading) DIVISION 145.
COLLECTION OF SEWER REVENUES BY OPERATOR
OF WATERWORKS SYSTEM
|
(65 ILCS 5/11-145-1) (from Ch. 24, par. 11-145-1)
Sec. 11-145-1.
Any municipality which issues revenue bonds for the
construction, acquisition, improvement, extension or operation of a
sewerage system under the provisions of this Code and establishes rates,
charges or rents for the use of such sewerage system based upon the
volume of water delivered through a waterworks system not owned by such
municipality, may enter into a contract with the owner or operator of
such waterworks system to act as collector of such rates, rents or
charges for the use of such sewerage system and to pay over such
revenues to such municipality as provided by this section. Such contract
may authorize and require such owner or operator of the waterworks
system, as agent for the municipality, to do all things relating to the
collection of such rates, rents or charges as the municipality could do
if it were making such collections directly and may allow such
compensation to such collector for acting as such, not to exceed 6% of
the total amount collected, as may be agreed upon by the contracting
parties, such compensation to be deducted from such collections and the
balance to be paid over to such municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 146 heading) DIVISION 146.
CONTRACT FOR COLLECTING AND
DISPOSING OF SEWAGE ORIGINATING
OUTSIDE MUNICIPALITY
|
(65 ILCS 5/11-146-1) (from Ch. 24, par. 11-146-1)
Sec. 11-146-1.
The corporate authorities of each municipality may contract
with the State of Illinois, any municipality, or any person for the
collection and disposal of sewage originating outside of municipalities.
The corporate authorities of a municipality may provide by ordinance for
the extension and maintenance of municipal sewers in specified areas
outside the corporate limits.
(Source: P.A. 76-1516.)
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(65 ILCS 5/Art. 11 Div. 147 heading) DIVISION 147.
SEWAGE DISPOSAL CONTRACTS BETWEEN CERTAIN MUNICIPAL
CORPORATIONS
|
(65 ILCS 5/11-147-1) (from Ch. 24, par. 11-147-1)
Sec. 11-147-1. Whenever a municipality, drainage district, sanitary
district, or other municipal corporation is adjacent to any other
municipality, drainage district, sanitary district, or other municipal
corporation the adjacent municipal corporations have the power to contract
with each other, upon such terms as may be agreed upon between them, for
the perpetual or temporary use and benefit by one of them of any sewer or
drain, or of any system of sewerage or drainage or part thereof, or of any
sewage disposal or sewage treatment plants and works, heretofore or
hereafter constructed by the other. Any such sewer or drain, or system of
sewerage or drainage or part thereof, or sewage disposal or sewage
treatment plants and work, heretofore or hereafter constructed by one such
municipal corporation may be extended or furnished to the inhabitants of
the other. Such municipal corporations may by contract with each other
provide for the joint construction of any sewer or drain or sewage disposal
or sewage treatment plants and works by the municipal corporations so
contracting, and for the common use thereof by the inhabitants of the
contracting municipal corporations. In addition, whenever a sanitary district has acquired an easement granting the sanitary district the right to construct or operate a sanitary sewer system or part of a sanitary sewer system over property that connects the sanitary district to a municipality, the municipality and the sanitary district may enter into a contract for the use of the sanitary sewer system regardless of whether the sanitary district is adjacent to the municipality.
(Source: P.A. 94-1106, eff. 2-9-07.)
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(65 ILCS 5/11-147-2) (from Ch. 24, par. 11-147-2)
Sec. 11-147-2.
Any contract specified in Section 11-147-1 may be made by
the authority of an ordinance or resolution passed by the proper
legislative authority of the municipality, sanitary district, drainage
district, or other municipal corporation proposing the contract, and shall
be assented to by an ordinance or resolution passed by the proper
legislative authority of the municipality, sanitary district, drainage
district, or other municipal corporation assenting to the contract. When
made and assented to by the proper legislative authorities of the municipal
corporations who are parties thereto, the contract shall be in all respects
valid and binding.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-147-3) (from Ch. 24, par. 11-147-3)
Sec. 11-147-3.
Every municipality lying within or partly within the
corporate limits of, or adjacent to, any sanitary district which was
organized under "An Act to create sanitary districts in certain localities,
to drain and protect the same from overflow for sanitary purposes and to
provide for sewage disposal," approved May 17, 1907, as heretofore and
hereafter amended, and which is authorized to collect, carry-off, dispose
of, and treat sewage and industrial wastes, may enter into a contract with
this sanitary district upon such reasonable terms as may be agreed upon,
for the use of the drains, conduits, treatment plants, pumping plants, and
works maintained by the sanitary district for the carrying-off, disposal,
and treatment of sewage and industrial wastes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-147-4) (from Ch. 24, par. 11-147-4)
Sec. 11-147-4.
Any municipality lying wholly or partly within the
boundaries of any county which accepts the provisions of "An Act in
relation to water supply, drainage, sewage, pollution and flood control in
certain counties," approved July 22, 1959, as heretofore or hereafter
amended, may contract with such county for water supply or sewerage
service to or for the benefit of the inhabitants of the municipality. Any
such contract may provide for the periodic payment to the county of a share
of the amounts necessary to pay or provide for the expenses of operation
and maintenance of the waterworks or sewerage system of the combined
waterworks and sewerage system (including insurance) of the county, to pay
the principal of and interest on any revenue bonds issued by the county
hereunder, and to provide an adequate depreciation fund and to maintain
other reserves and sinking funds for the payment of the bonds or the
extension or improvement of the waterworks properties or sewage facilities
of the county or a combination thereof, as the case may be.
Any such contract may be entered into without making a previous
appropriation for the expense thereby incurred. Any such contract may be
for a term not in excess of 20 years, if the contract is a general
obligation of the municipality, or for a term not in excess of 40 years, if
the obligation under the contract is payable solely from the revenues
derived by the municipality from its water supply or sewerage system.
If the contract is payable solely from the revenues derived by the
municipality from its water supply or sewerage system, the amounts due
under the contract shall be deemed an expense of operating and maintaining
the water supply or sewerage system of the municipality.
(Source: Laws 1961, p. 2429.)
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(65 ILCS 5/Art. 11 Div. 148 heading) DIVISION 148.
JOINT CONSTRUCTION OF SEWAGE
PLANT WITH OUT-OF-STATE MUNICIPALITY
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(65 ILCS 5/11-148-1) (from Ch. 24, par. 11-148-1)
Sec. 11-148-1.
Whenever the territory of any municipality of this state is
adjacent to the territory of another state, the municipality may jointly
construct a sewage disposal plant, together with all necessary and proper
pipes, conduits, and appurtenances within its own corporate limits, and may
own, operate, and maintain the plant jointly with any municipality in the
adjacent state, for their joint use, on terms and conditions to be agreed
upon by the municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-2) (from Ch. 24, par. 11-148-2)
Sec. 11-148-2.
Whenever a municipality in an adjacent state desires to
construct a sewage disposal plant in an Illinois municipality adjacent to
the boundary of the State of Illinois, the municipality in the adjacent
state may construct a sewage disposal plant, together with all necessary
and proper pipes, conduits, and appurtenances, within the corporate limits
of the Illinois municipality, and may hold, own, maintain, and operate the
plant as its sole and separate property, subject to the approval of the
corporate authorities of the Illinois municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-3) (from Ch. 24, par. 11-148-3)
Sec. 11-148-3.
Whenever a municipality in an adjacent state desires to
construct a sewage disposal plant within or near the corporate limits of an
adjoining municipality, located in the State of Illinois, the municipality
in the adjacent state may construct the sewage disposal plant within or
near the corporate limits of the Illinois municipality, together with all
necessary pipes, conduits, and appurtenances thereto, and may own, operate,
and maintain the plant and also may permit use thereof by the Illinois
municipality upon terms and conditions to be agreed upon by contract
between the municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-4) (from Ch. 24, par. 11-148-4)
Sec. 11-148-4.
Whenever a municipality located in the State of Illinois
owns and operates a sewage disposal plant within or near its corporate
limits, and is adjacent to a municipality in another state, the Illinois
municipality has the power to permit use of its sewage disposal plant and
appurtenances by the adjacent municipality located in the other state, on
terms to be agreed upon by a contract between the municipalities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-5) (from Ch. 24, par. 11-148-5)
Sec. 11-148-5.
The interest, ownership, or equity which any municipality of
another state has in any sewage disposal plant and necessary connecting and
outlet sewers and appurtenances in the State of Illinois, constructed by
virtue of Section 11-148-1 through 11-148-4 is not subject to taxation in
the State of Illinois.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-6) (from Ch. 24, par. 11-148-6)
Sec. 11-148-6.
Whenever a municipality of another state constructs or
leases a sewage disposal plant in the State of Illinois, pursuant to the
provisions of Sections 11-148-1 through 11-148-4, the municipality may
condemn and take property within the State of Illinois necessary for that
disposal plant and for connecting and outlet sewers and appurtenances, in
the same manner as might any municipality within this state.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-148-7) (from Ch. 24, par. 11-148-7)
Sec. 11-148-7.
The purpose of Sections 11-148-1 through 11-148-6 is the
elimination or lessening of pollution of streams within the State of
Illinois, and is particularly for the benefit of adjacent municipalities
whose territory is located partially in the State of Illinois and partially
in an adjacent state, and whose sewage disposal can be most efficiently and
economically handled by a joint plant for the 2 municipalities. The
sections specified shall be liberally construed to give effect to these
purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 149 heading) DIVISION 149.
EXTENSION OF MUNICIPAL WATER
AND SEWER SERVICE OUTSIDE CORPORATE
LIMITS
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(65 ILCS 5/11-149-1) (from Ch. 24, par. 11-149-1)
Sec. 11-149-1. The corporate authorities of a municipality may provide by
ordinance for the extension and maintenance of municipal sewers and water
mains, or both, in specified areas outside the corporate limits. Such
service shall not be extended, however, unless a majority of the owners of
record of the real property in the specified area petition the corporate
authorities for the service. In a non-home rule municipality, if such service has been provided to another unit of local government, the municipality cannot thereafter require the annexation of the property owned by the unit of local government to the municipality as a prerequisite to the continuation and maintenance of such service.
(Source: P.A. 94-544, eff. 8-10-05.)
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(65 ILCS 5/11-149-2) (from Ch. 24, par. 11-149-2)
Sec. 11-149-2.
The extension of such service may be financed by the
issuance of bonds payable solely from the revenue obtained from the
furnishing of such service. The bonds shall be issued and shall be subject
to the provisions, as near as may be, of Division 139 of this article. The
corporate authorities may make rules and regulations and may establish
charges for such service in areas outside the corporate limits in the
manner provided in Section 11-139-8, as near as may be.
(Source: Laws 1963, p. 2727.)
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(65 ILCS 5/Art. 11 Div. 150 heading) DIVISION 150.
WATERWORKS AND SEWERAGE
CONNECTION CHARGE
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(65 ILCS 5/11-150-1) (from Ch. 24, par. 11-150-1)
Sec. 11-150-1.
The corporate authorities of any municipality operating a
waterworks, sewerage or combined waterworks and sewerage system have the
power by ordinance to collect a fair and reasonable charge for connection
to any such system in addition to those charges covered by normal taxes,
for the construction, expansion and extension of the works of the system,
the charge to be assessed against new or additional users of the system and
to be known as a connection charge, except that no connection or water
usage charge shall exceed the actual cost required for the installation or
usage of an automatic sprinkler system. The funds thus collected shall be used
by the municipality for its general corporate purposes with primary
application thereof being made by the necessary expansion of the works of
the system to meet the requirements of the new users thereof.
(Source: P.A. 85-784.)
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(65 ILCS 5/11-150-2) Sec. 11-150-2. Billing for services. (a) On or after the effective date of this amendatory Act of the 100th General Assembly, the corporate authorities of any municipality operating a waterworks or combined waterworks and sewerage system: (1) shall bill for any utility service, including | ||
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(2) shall not intentionally delay billing beyond the | ||
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(3) shall label any amount attributed to previously | ||
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(4) shall issue the makeup billing amount calculated | ||
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(5) shall provide the customer with the option of a | ||
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(b) The time limit of paragraph (1) of subsection (a) shall not apply to previously unbilled service attributed to tampering, theft of service, fraud, or the customer preventing the utility's recorded efforts to obtain an accurate reading of the meter.
(Source: P.A. 100-178, eff. 8-18-17.) |
(65 ILCS 5/Art. 11 Div. 150.1 heading) DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE
(Source: P.A. 99-922, eff. 1-17-17.) |
(65 ILCS 5/11-150.1-1) Sec. 11-150.1-1. Lead hazard cost recovery fee. The corporate authorities of any municipality that operates a waterworks system and that incurs reasonable costs to comply with Section 35.5 of the Illinois Plumbing License Law shall have the authority, by ordinance, to collect a fair and reasonable fee from users of the system in order to recover those reasonable costs. Fees collected pursuant to this Section shall be used exclusively for the purpose of complying with Section 35.5 of the Illinois Plumbing License Law.
(Source: P.A. 99-922, eff. 1-17-17.) |
(65 ILCS 5/Art. 11 Div. 151 heading) DIVISION 151.
MUNICIPALITY RELATIONSHIP
TO PUBLIC WATER DISTRICT
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(65 ILCS 5/11-151-1) (from Ch. 24, par. 11-151-1)
Sec. 11-151-1.
As used in this Article, "public water district" or "district" means a
public water district organized under "An Act in relation to public water
districts", approved July 25, 1945, as amended.
(Source: P.A. 76-1356.)
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(65 ILCS 5/11-151-2) (from Ch. 24, par. 11-151-2)
Sec. 11-151-2. This Article does not apply to any public water district whose territory
is situated in 2 or more municipalities, except where one of the municipalities is incorporated after June 1, 2004 pursuant to the amendatory changes to Section 2-3-5 made by this amendatory Act of the 93rd General Assembly. Nothing in this Article prohibits
a municipality from continuing to operate utility facilities which it owns
and operates, at the time territory is annexed to the municipality, in that
territory even though it is part of a public water district.
(Source: P.A. 93-1058, eff. 12-2-04.)
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(65 ILCS 5/11-151-3) (from Ch. 24, par. 11-151-3)
Sec. 11-151-3.
Except as otherwise provided in this Article, no municipality may
furnish water or sanitary sewer service to any territory situated within a
public water district and more than one mile from the corporate limits of
the municipality without the district's consent. Nothing in this Section
affects the performance by the municipality of any other function in which
the district is not engaged.
A municipality that operates a public water supply and furnishes water
service has the exclusive right, as against a public water district, to
serve residents in the territory within one mile or less of the corporate
limits of the municipality but may consent to the district's providing
service to such residents.
(Source: P.A. 76-1356.)
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(65 ILCS 5/11-151-4) (from Ch. 24, par. 11-151-4)
Sec. 11-151-4.
If a municipality annexes all of the territory of a public water
district, the municipality shall take over all the properties and assets of
the district, assume all debts, liabilities and obligations of the district
and perform all functions and services of the district. The district shall
be abolished and the rights and duties imposed on the municipality of this
Section shall commence 90 days after the effective date of the annexation
or at such earlier date as the corporate authorities of the municipality,
by ordinance, provide.
(Source: P.A. 76-1356.)
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(65 ILCS 5/11-151-5) (from Ch. 24, par. 11-151-5)
Sec. 11-151-5.
If a municipality annexes part, but not all of the territory
of a public
water district, sanitary sewer district, or both, the corporate authorities
of the municipality and of the
district may enter contracts providing for the division and allocation of
duplicate and overlapping powers, functions and duties between the 2
entities and for the use, management, control, purchase, conveyance,
assumption and disposition of the properties, assets, debts, liabilities
and obligations of the district. The corporate authorities of a district
and such a municipality may also enter agreements providing for the
operation by the municipality of the district's utility systems and other
properties or for the transfer, conveyance or sale of those systems and
properties to the municipality. "Systems and properties" includes those of
every kind and character and whether situated within or outside the
municipality. An operating contract made under this Section may not extend
for a period longer than 30 years and must be subject to amendment, renewal
or termination by mutual consent of the contracting parties. No contract
under this Section may contain any provision impairing the obligation of
any existing contract of such a municipality or district.
(Source: P.A. 90-190, eff. 7-24-97.)
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(65 ILCS 5/Art. 11 Div. 152 heading) DIVISION 152.
MUNICIPAL INSURANCE AVAILABILITY PROGRAM
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(65 ILCS 5/11-152-1) (from Ch. 24, par. 11-152-1)
Sec. 11-152-1.
(a) The corporate authorities of any municipality over
1,000,000 in population
may establish a
municipal insurance availability program to make available to the residents
of such municipality, who are
otherwise unable to obtain such insurance at affordable rates,
insurance against damage or loss, including the costs of diagnosis
or repair, where the proximate cause of such damage or loss is attributable
to the breakage or stoppage of a water or sewage drainage system or pipes, apparatus
and conduits utilized in connection therewith.
(b) The corporate authorities shall establish uniform eligibility
requirements for participation in the program.
(c) The corporate authorities shall appoint a program administrator to
operate the program.
(Source: P.A. 84-1431.)
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(65 ILCS 5/11-152-2) (from Ch. 24, par. 11-152-2)
Sec. 11-152-2.
(a) The municipal insurance availability program shall
offer to each eligible resident
coverage in the amount and type determined to be sufficient by the program administrator.
(b) Premiums charged for coverage issued under the program shall be
reasonable in relation to the coverage
provided.
(c) The program administrator shall establish a premium billing
procedure for collection of premiums from insureds on a periodic basis.
(d) The program administrator shall perform all necessary functions to
assure timely payment of claims under the program.
(Source: P.A. 84-1431.)
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(65 ILCS 5/11-152-3) (from Ch. 24, par. 11-152-3)
Sec. 11-152-3.
Revenues received under the municipal insurance
availability program shall be used to
pay the costs of the program and to maintain and service the municipality's
water and sewage drainage system.
(Source: P.A. 84-1431.)
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(65 ILCS 5/11-152-4) (from Ch. 24, par. 11-152-4)
Sec. 11-152-4.
Municipal insurance availability programs organized
under this Division 152 of Article 11 of the Illinois Municipal Code shall
be subject to all applicable provisions of the Illinois Insurance Code.
(Source: P.A. 84-1431.)
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