(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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