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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 55 ILCS 5/5-8002
(55 ILCS 5/5-8002) (from Ch. 34, par. 5-8002)
Sec. 5-8002.
Rules and regulations; licenses.
The
county board in any county is authorized to:
(1) license annually garbage disposal areas. License forms shall be
supplied by the county board and shall provide for the following
information: name and address of the applicant; name and address of the
owner of the land where the garbage disposal area is located; a description
of the location of the property to be used; the method to be used in
disposing of the garbage and the approximate amount of garbage to be
disposed of weekly.
(2) license annually vehicles of any kind which are used in hauling
garbage to such disposal areas except such vehicles owned or operated by
any incorporated city, village or town used in hauling garbage to any
garbage disposal area maintained by such city, village or town. License
forms shall be furnished by the county board and shall provide for the
following information: name and address of hauler; a description of the
vehicle; the place where such vehicle is kept when not in use.
(3) make rules and regulations pertaining to and provide for inspections
of garbage disposal areas and garbage hauling vehicles to insure reasonable
health standards.
(Source: P.A. 86-962.)
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55 ILCS 5/5-8003
(55 ILCS 5/5-8003) (from Ch. 34, par. 5-8003)
Sec. 5-8003.
Fees.
The county board in any county may fix the
annual amounts of fees, terms and manner of issuing and revoking licenses
provided for in this Division and for such purpose may, by ordinance
definition, subclassify the types of licenses authorized by this Division.
The fees for licenses shall not exceed the following:
(1) For each garbage disposal area, $500 per annum.
(2) For each vehicle used in hauling garbage to a garbage disposal area,
$50 per vehicle per annum.
(Source: P.A. 86-962.)
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55 ILCS 5/5-8004
(55 ILCS 5/5-8004) (from Ch. 34, par. 5-8004)
Sec. 5-8004.
Local option.
Any county board desiring to avail its
county of the provisions of this Division may do so by ordinance. Such
ordinance shall also set out the rules and regulations adopted by the
county board under the authority granted in this Division. Such ordinance
shall be placed on file in the office of the clerk of the county and shall
be open for inspection by the public. At least 30 days prior to the
enacting of such an ordinance, the county board shall cause the
ordinance to be published in a newspaper of general circulation within
the county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-8005
(55 ILCS 5/5-8005) (from Ch. 34, par. 5-8005)
Sec. 5-8005.
Inspection.
The county board or any of its authorized
agents shall have authority to inspect at any time or place any vehicle
used in hauling garbage or any garbage disposal area.
(Source: P.A. 86-962.)
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55 ILCS 5/5-8006
(55 ILCS 5/5-8006) (from Ch. 34, par. 5-8006)
Sec. 5-8006.
Penalties for violations.
Any person who violates any
ordinance, rule, or regulation adopted pursuant to this Division commits a
petty offense and may be punished by a suspension of any license held.
(Source: P.A. 86-962.)
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55 ILCS 5/5-8007
(55 ILCS 5/5-8007) (from Ch. 34, par. 5-8007)
Sec. 5-8007.
In any review proceeding of a decision of the county board
made pursuant to this Division, the plaintiff in the review proceeding
shall pay to the county the cost of preparing and certifying the record of
proceedings. Should the plaintiff in the review proceeding fail to make
payment, the provisions of Section 3-109 of the Code of Civil Procedure, as
now or hereafter amended, shall apply.
(Source: P.A. 86-1028; 87-435.)
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55 ILCS 5/Div. 5-9
(55 ILCS 5/Div. 5-9 heading)
Division 5-9.
Motor Vehicle Races and Stunts
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55 ILCS 5/5-9001
(55 ILCS 5/5-9001) (from Ch. 34, par. 5-9001)
Sec. 5-9001.
Necessity of permit.
In counties having a population of
500,000 or less inhabitants, no person, other than a county fair
association, state fair or other not for profit association or corporation,
shall hold any motor vehicle race or motor vehicle stunt event unless he
obtains a written permit to do so from the county board of such county
wherein the race or event is to take place.
(Source: P.A. 86-962.)
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55 ILCS 5/5-9002
(55 ILCS 5/5-9002) (from Ch. 34, par. 5-9002)
Sec. 5-9002.
Fees.
Each county board shall fix a permit fee not to
exceed $100 for all races and events held by a person, other than a county
fair association, state fair or other not for profit association or
corporation, on a single day. Each permit shall specify the day or days for
which the permit is effective. Provided, however, that if the race or event
for which such permit is issued, is rained out or postponed for other good
cause shown, the permit shall be valid for use within the next 8 days of
the date specified in the permit. No permit shall be issued unless the fee
is fully paid in advance of issuance. The county board shall pay one-half
of each fee into the county treasury and shall transfer the remainder to
the road and bridge fund of the township or road district wherein the race
or event takes place.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-10
(55 ILCS 5/Div. 5-10 heading)
Division 5-10.
Dance Halls and Road Houses
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55 ILCS 5/5-10001
(55 ILCS 5/5-10001) (from Ch. 34, par. 5-10001)
Sec. 5-10001.
License required.
It shall hereafter be unlawful for
any person or persons to operate or maintain a public dance hall or road
house for the use of the general public outside of the limits of any city,
village or incorporated town without first obtaining a license therefor
from the county board of the county where the public dance hall is
situated, in accordance with the provisions of this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-10002
(55 ILCS 5/5-10002) (from Ch. 34, par. 5-10002)
Sec. 5-10002.
Issuance of license.
Power is hereby granted to the
county boards of the several counties of the State to issue the license
provided for in this Division, and to revoke the same for the causes herein
provided. The license shall expire at the end of one year from the date it
is issued. Old licenses may be renewed for the period of one year on
application being made therefor to the county board.
(Source: P.A. 86-962.)
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55 ILCS 5/5-10003
(55 ILCS 5/5-10003) (from Ch. 34, par. 5-10003)
Sec. 5-10003.
Operation without license.
Any person or persons
operating or maintaining a dance hall, or road house at the time this
Division takes effect, shall be privileged to continue the operation and
maintenance of such dance hall without a license, until the county board at
its next regular meeting shall have issued or refused a license under the
other provisions of this Division; and it is further provided that the
operator or maintainor of such dance hall or road house shall make an
application for a yearly license at said meeting, or cease operating or
maintaining such dance hall, or road house.
(Source: P.A. 86-962.)
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55 ILCS 5/5-10004
(55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
Sec. 5-10004. Qualifications for license. A license to operate
or maintain a dance hall may be issued by the county board to any citizen,
firm, or corporation of the State:
(1) who submits a written application for a license, | | which application shall state, and the applicant shall state under oath:
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(a) the name, address, and residence of the
| | applicant, and the length of time he has lived at that residence;
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(b) the place of birth of the applicant and, if
| | the applicant is a naturalized citizen, the time and place of such naturalization;
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(c) whether the applicant has a prior felony
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(d) the location of the place or building where
| | the applicant intends to operate or maintain the dance hall; and
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(2) who establishes:
(a) that he is a person of good moral character;
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(b) that the place or building where the dance
| | hall or road house is to be operated or maintained reasonably conforms to all laws and health and fire regulations applicable thereto, is properly ventilated and supplied with separate and sufficient toilet arrangements for each sex, and is a safe and proper place or building for a public dance hall or road house.
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(Source: P.A. 102-558, eff. 8-20-21.)
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55 ILCS 5/5-10004a (55 ILCS 5/5-10004a) Sec. 5-10004a. Applicant convictions. (a) Applicants shall not be required to report the following information and the following information shall not be considered in connection with an application for a license under this Act: (1) Juvenile adjudications of delinquent minors, as | | defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
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| (2) Law enforcement records, court records, and
| | conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
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| (3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
| | (b) No application for a license under this Division shall be denied by reason of a finding of lack of good moral character when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses.
(c) The county board, upon finding that an applicant for a license under this Act has a prior conviction for a felony, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if a license may be denied because the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(1) the lack of direct relation of the offense for
| | which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
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| (2) whether 5 years since a felony conviction or 3
| | years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
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| (3) if the applicant was previously licensed or
| | employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
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| (4) the age of the person at the time of the criminal
| | (5) successful completion of sentence and, for
| | applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
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| (6) evidence of the applicant's present fitness and
| | (7) evidence of rehabilitation or rehabilitative
| | effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
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| (8) any other mitigating factors that contribute to
| | the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
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| (d) If the county board refuses to issue a license to an applicant, then the county board shall notify the applicant of the denial in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue
| | (2) a list of the convictions that the county board
| | determined will impair the applicant's ability to engage in the position for which a license is sought;
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| (3) a list of convictions that formed the sole or
| | partial basis for the refusal to issue a license; and
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| (4) a summary of the appeal process or the earliest
| | the applicant may reapply for a license, whichever is applicable.
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| (e) No later than May 1 of each year, the board must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(1) the number of applicants for a new or renewal
| | license under this Act within the previous calendar year;
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| (2) the number of applicants for a new or renewal
| | license under this Act within the previous calendar year who had any criminal conviction;
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| (3) the number of applicants for a new or renewal
| | license under this Act in the previous calendar year who were granted a license;
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| (4) the number of applicants for a new or renewal
| | license with a criminal conviction who were granted a license under this Act within the previous calendar year;
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| (5) the number of applicants for a new or renewal
| | license under this Act within the previous calendar year who were denied a license; and
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| (6) the number of applicants for a new or renewal
| | license with a criminal conviction who were denied a license under this Act in the previous calendar year in whole or in part because of a prior conviction.
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(Source: P.A. 100-286, eff. 1-1-18 .)
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55 ILCS 5/5-10005
(55 ILCS 5/5-10005) (from Ch. 34, par. 5-10005)
Sec. 5-10005.
Investigation of application; fee.
The
county board may make a thorough investigation to determine
the fitness of the applicant and the truth of the statements
made in and accompanying the application, but its decision on
an application to issue or renew a license shall be rendered
within 30 days after the application is received; the license
fee required under the provisions of this Division shall not
exceed $25 in counties of less than 200,000 population, and
shall not exceed $50 in counties of more than 200,000 population.
(Source: P.A. 86-962.)
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55 ILCS 5/5-10006
(55 ILCS 5/5-10006) (from Ch. 34, par. 5-10006)
Sec. 5-10006.
Hours of operation.
All dance halls and road houses
subject to the provisions of this Division shall be open to the
public only during reasonable hours, and the county board may designate
such reasonable hours and establish such other rules and regulations as
tend to promote good order and morals.
(Source: P.A. 86-962.)
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55 ILCS 5/5-10007
(55 ILCS 5/5-10007) (from Ch. 34, par. 5-10007)
Sec. 5-10007.
Revocation of license.
The president of the county
board may revoke the license of any licensee:
(1) Who knowingly permits any person under sixteen years of age to be
present in or to frequent such dance hall or road house, unless accompanied
by his parent or legal guardian or proper escort, male or female.
(2) When the dance hall or road house, as operated and maintained,
unreasonably and needlessly disturbs the peace of the neighborhood.
(3) When disorderly or immoral practices are permitted, or intoxicating
liquor is sold on the premises.
(4) When circumstances happen or become known to the county board,
which, had they happened or been known at the time of the application for
the license, would have legally justified the county board in refusing the
license.
(5) When such dance hall or road house is opened or remains open outside
the hours designated by the county board.
(6) When the licensee violates any of the rules and regulations issued
by the county board.
When any license is revoked by the county board it shall not issue a
license to operate a dance hall or road house on such premises until after
a period of three months have elapsed.
(Source: P.A. 86-962.)
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55 ILCS 5/5-10008
(55 ILCS 5/5-10008) (from Ch. 34, par. 5-10008)
Sec. 5-10008.
Prohibited persons.
It shall be unlawful for any known
prostitute, male or female procurer, vagrant, or intoxicated person to be
present at any dance hall or road house licensed under this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-10009
(55 ILCS 5/5-10009) (from Ch. 34, par. 5-10009)
Sec. 5-10009.
Violations.
Any person who violates any provision of
this Division, or who makes a false statement concerning any material fact
in submitting an application for a license or for a renewal of a license or
in any hearing concerning the revocation thereof, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 86-962.)
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55 ILCS 5/5-10010
(55 ILCS 5/5-10010) (from Ch. 34, par. 5-10010)
Sec. 5-10010.
State property.
The provisions of this Division shall
have no application to dance halls or dance pavilions located upon any
State property or within any State park, belonging to the State of
Illinois, nor to any concessions or concessionaire on or within any such
State property, park or territory.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-11
(55 ILCS 5/Div. 5-11 heading)
Division 5-11.
Parking Facilities
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55 ILCS 5/5-11001
(55 ILCS 5/5-11001) (from Ch. 34, par. 5-11001)
Sec. 5-11001.
Construction and maintenance of parking facilities.
Any county is hereby authorized to:
(a) Own, construct, equip, manage, control, erect, improve, extend,
maintain and operate motor vehicle parking lots, garages, parking meters,
and any other revenue producing facilities necessary or incidental to the
regulation, control and parking of motor vehicles (hereinafter referred to
as parking facilities), and to purchase real estate to be used for parking
facilities, as the county board finds necessary;
(b) Maintain, improve, extend and operate any such parking facilities
and to charge for the use thereof;
(c) Borrow money and issue and sell bonds in such amount or amounts as
the county board may determine for the purpose of acquiring, completing,
erecting, constructing, equipping, improving, extending, maintaining or
operating any or all of its parking facilities, and to refund and refinance
the same from time to time as often as it shall be advantageous and to the
public interest to do so;
(d) Acquire by eminent domain sufficient real estate for motor vehicle
parking lots or garages.
(Source: P.A. 93-420, eff. 8-5-03.)
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55 ILCS 5/5-11002
(55 ILCS 5/5-11002) (from Ch. 34, par. 5-11002)
Sec. 5-11002.
Bonds.
All bonds issued under authority of this
Division 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, and may be sold by the county board in such
manner as they 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 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.
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. To secure the payment of any or all of such bonds
and for the purpose of setting forth the covenants and undertakings of the
county in connection with the issuance of any additional bonds, as well as
the use and application of the revenue and income to be derived from the
said facilities, the county board may execute and deliver a trust agreement
and agreements. Such bonds shall be executed by such officers as the county
board shall designate in the said 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 and shall state upon its face that it does not constitute an
obligation of the county within the meaning of any constitutional or
statutory limitation or provision.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after 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 Division or "An Act
in relation to the construction, operation and maintenance of parking
facilities for motor vehicles by counties", approved July 13, 1955, that
may appear to be or to have been more restrictive than those Acts, (ii)
that the provisions of this Section or its predecessor are not a limitation
on the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act in relation to the
construction, operation and maintenance of parking facilities for motor
vehicles by counties", approved July 13, 1955, that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-11003
(55 ILCS 5/5-11003) (from Ch. 34, par. 5-11003)
Sec. 5-11003.
Ordinances; publication.
The county board availing of
the provisions of this Division 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
county, and which shall be open for the inspection of the public. Such
ordinance shall state the estimated cost of such project, 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 and restrictions as may be deemed necessary or
advisable by the county board, and without limiting the generality of the
foregoing, such ordinance shall contain such covenants as may be determined
by the county board as to:
(a) The issuance of additional 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 county to maintain the project in good
condition and to operate the same in an economical and efficient manner;
(f) Such other covenants 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 the said bonds so authorized.
(g) The execution of any trust agreement or agreements containing such
covenants and conditions as may be agreed upon between any purchaser and
the county board to secure payment of any such revenue bonds.
After said ordinance has been adopted and approved, it shall be
published once in a newspaper published and having general circulation in
such county, or if there be no such newspaper published in such county,
then the ordinance shall be posted in at least 5 of the most public
places in such county, and shall become effective 10 days after
publication or posting thereof.
(Source: P.A. 86-962.)
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55 ILCS 5/5-11004
(55 ILCS 5/5-11004) (from Ch. 34, par. 5-11004)
Sec. 5-11004.
Charges and fees.
Whenever bonds are issued as provided
by this Division it shall be the duty of the county board 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.
(Source: P.A. 86-962.)
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55 ILCS 5/5-11005
(55 ILCS 5/5-11005) (from Ch. 34, par. 5-11005)
Sec. 5-11005.
Disposition of funds.
Whenever revenue bonds are issued
under this Division, the revenues derived from the operation of the project
shall be set aside as collected and be deposited in a separate fund,
separate and apart from all other funds of such county, and be used in
paying the cost of maintenance and operation, paying the principal of and
interest upon the bonds of such county, issued under this Division, and for
the transfer of any surplus amounts annually to the general corporate fund
of any such county 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.
(Source: P.A. 86-962.)
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