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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.
COUNTIES (55 ILCS 5/) Counties Code. 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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55 ILCS 5/5-11006
(55 ILCS 5/5-11006) (from Ch. 34, par. 5-11006)
Sec. 5-11006.
Contract with bondholders.
The provisions of this
Division, and of any ordinance or other proceeding authorizing the issuance
of bonds under the provisions of this Division, 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 said county, issued under this
Division, may by action, mandamus, injunction or other proceeding, enforce
and compel the performance of all duties required by this Division,
including the making and collecting of sufficient charges and fees for
service and use thereof, and the application of income and revenue thereof.
In the event a trust agreement or agreements are executed and delivered to
secure the payment of any such bonds, said trust agreement or agreements
may prescribe by whom and on whose behalf such action may be instituted to
compel performance and compliance therewith and of the duties and
obligations required by this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-11007
(55 ILCS 5/5-11007) (from Ch. 34, par. 5-11007)
Sec. 5-11007.
Regulation by county board.
The county board is hereby
granted authority to make all reasonable rules and regulations of the
county regarding the management and control and use of any such parking
facility or facilities.
(Source: P.A. 86-962.)
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55 ILCS 5/5-11008
(55 ILCS 5/5-11008) (from Ch. 34, par. 5-11008)
Sec. 5-11008.
Leases; disposition of revenue.
The county board is
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 parking facilities through lease or by its own
employees, or otherwise; provided, however, that 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 the county, such
publication to be made once each week for at least two 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 bonds issued
pursuant to ordinance under the provisions of this Division.
Further any contract or obligation involving the borrowing of money for
such purposes, incurred by the county board 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: P.A. 86-962.)
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55 ILCS 5/Div. 5-12
(55 ILCS 5/Div. 5-12 heading)
Division 5-12.
Zoning
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55 ILCS 5/5-12001
(55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
Sec. 5-12001. Authority to regulate and restrict location and use of
structures.
For the purpose of promoting the public health, safety, morals,
comfort and general welfare, conserving the values of property throughout the
county, lessening or avoiding congestion in the public streets and
highways, and lessening or avoiding the hazards to persons and damage to
property resulting from the accumulation or runoff of storm or flood
waters, the county board or board of county commissioners, as the
case may be, of each county, shall have the power to regulate and restrict
the location and use of buildings, structures and land for trade, industry,
residence and other uses which may be specified by such board, to regulate
and restrict the intensity of such uses, to establish building or setback
lines on or along any street, trafficway, drive, parkway or storm or
floodwater runoff channel or basin outside the limits of cities, villages
and incorporated towns which have in effect municipal zoning ordinances; to
divide the entire county outside the limits of such cities, villages and
incorporated towns into districts of such number, shape, area and of such
different classes, according to the use of land and buildings, the
intensity of such use (including height of buildings and structures and
surrounding open space) and other classification as may be deemed best
suited to carry out the purposes of this Division; to prohibit uses, buildings
or structures incompatible with the character of such districts
respectively; and to prevent additions to and alteration or remodeling of
existing buildings or structures in such a way as to avoid the restrictions
and limitations lawfully imposed hereunder: Provided, that permits with
respect to the erection, maintenance, repair, alteration, remodeling or
extension of buildings or structures used or to be used for agricultural
purposes shall be issued free of any charge. The corporate authorities
of the county 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. In all ordinances or
resolutions passed under the authority of this Division, due allowance
shall be made for existing conditions, the conservation of property values,
the directions of building development to the best advantage of the entire
county, and the uses to which property is devoted at the time of the
enactment of any such ordinance or resolution.
The powers by this Division given 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 (i) the
gradual elimination of the uses of unimproved lands or lot areas when the
existing
rights of the persons in possession are terminated or when the uses
to which they are devoted are discontinued, (ii) the gradual elimination of
uses
to which the buildings and structures are devoted if they are adaptable
to permitted uses, and (iii) the gradual elimination of the buildings and
structures when they are destroyed or damaged in major part; nor
shall they be exercised so as to
impose regulations, eliminate uses, buildings, or structures, or require
permits with respect to land
used for agricultural purposes,
which includes the growing of farm crops, truck garden crops, animal and
poultry
husbandry, apiculture, aquaculture, dairying, floriculture, horticulture,
nurseries, tree
farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such
agricultural purposes constitute the principal activity on the land,
other than parcels of land consisting of
less than 5 acres from which $1,000 or less of agricultural products were
sold in any calendar year in counties with a population between 300,000 and
400,000 or in counties contiguous to a county with a population between 300,000
and 400,000, and other than parcels of land consisting of less than 5 acres in
counties with a population in excess of 400,000,
or with respect to the erection,
maintenance, repair, alteration, remodeling or extension of buildings or
structures used or to be used for agricultural purposes upon such land
except that such buildings or structures for agricultural purposes may be
required to conform to building or set back lines
and counties may establish a minimum lot size for residences on land used for
agricultural purposes; nor shall any such
powers be so exercised as to prohibit the temporary use of land for the
installation, maintenance and operation of facilities used by contractors
in the ordinary course of construction activities, except that such
facilities may be required to be located not less than 1,000 feet from any
building used for residential purposes, and except that the period of such
temporary use shall not exceed the duration of the construction contract;
nor shall any such powers include the right to specify or regulate the type
or location of any poles, towers, wires, cables, conduits, vaults, laterals
or any other similar distributing equipment of a public utility as defined in
the Public Utilities Act, if the public utility
is subject to the Messages Tax Act, the Gas Revenue Tax Act or the Public
Utilities Revenue Act, or if such facilities or equipment are located on
any rights of way and are used for railroad purposes, nor shall any such
powers be exercised with respect to uses, buildings, or structures of a public
utility as defined in the Public Utilities Act, nor shall any such
powers be exercised in any respect as to the facilities, as defined in Section
5-12001.1, of a telecommunications carrier, as also defined therein, except to
the extent and in the manner set forth in Section 5-12001.1. As used in this
Act, "agricultural purposes" do not include the extraction of sand, gravel
or limestone, and such activities may be regulated by county zoning
ordinance even when such activities are related to an agricultural purpose.
Nothing in this Division shall be construed to restrict the powers granted by
statute to cities, villages and incorporated towns as to territory
contiguous to but outside of the limits of such cities, villages and
incorporated towns. Any zoning ordinance enacted by a city, village or
incorporated town shall supersede, with respect to territory within the
corporate limits of the municipality, any county zoning plan otherwise
applicable. The powers granted to counties by this Division shall be treated
as in addition to powers conferred by statute to control or approve maps,
plats or subdivisions. In this Division, "agricultural purposes"
include, without limitation, the growing, developing, processing,
conditioning, or selling of hybrid seed corn, seed beans, seed oats, or
other farm seeds.
Nothing in this Division shall be construed to prohibit the corporate
authorities of a county from adopting an ordinance that exempts pleasure
driveways or park districts, as defined in the Park District Code, with a
population of greater than 100,000, from the exercise of the county's powers
under this Division.
The powers granted by this Division may be used to require the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing.
(Source: P.A. 94-303, eff. 7-21-05 .)
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