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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.
() 65 ILCS 5/11-84-8
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(65 ILCS 5/Art. 11 Div. 87 heading)
DIVISION 87.
RE-LOCATING WATER COURSES
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65 ILCS 5/11-87-1
(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
(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
(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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