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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.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-48.3-25
(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.)
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65 ILCS 5/11-48.3-26
(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
(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.)
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65 ILCS 5/11-48.3-28
(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.)
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65 ILCS 5/11-48.3-29
(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
(65 ILCS 5/Art 11 prec Div 49 heading)
CEMETERIES
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65 ILCS 5/Art. 11 Div. 49
(65 ILCS 5/Art. 11 Div. 49 heading)
DIVISION 49.
GENERAL CEMETERY POWER
AND TAX FOR REHABILITATION
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65 ILCS 5/11-49-1
(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 (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
(65 ILCS 5/Art. 11 Div. 50 heading)
DIVISION 50.
TAX FOR RESTORATION OF NEGLECTED
CEMETERIES
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65 ILCS 5/11-50-1
(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 YES property in the city (or village) of .... for the purpose of reconditioning - - - - - - - - - - - - - - - - - - -
and restoring neglected cemeteries as provided in Section 11-50-1 of the NO Illinois 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
(65 ILCS 5/Art. 11 Div. 51 heading)
DIVISION 51.
REMOVAL OF CEMETERIES
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65 ILCS 5/11-51-1
(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.)
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65 ILCS 5/Art. 11 Div. 52
(65 ILCS 5/Art. 11 Div. 52 heading)
DIVISION 52.
CONTROL AND MAINTENANCE OF
PUBLIC GRAVEYARDS
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65 ILCS 5/11-52-1
(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.)
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65 ILCS 5/11-52-2
(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.)
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65 ILCS 5/Art. 11 Div. 52.1
(65 ILCS 5/Art. 11 Div. 52.1 heading)
DIVISION 52.1.
REGULATION AND ESTABLISHMENT
OF CEMETERIES
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65 ILCS 5/11-52.1-1
(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.)
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65 ILCS 5/11-52.1-2
(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
(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
(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
(65 ILCS 5/Art. 11 Div. 52.2 heading)
DIVISION 52.2.
PERPETUAL CEMETERY TRUSTS
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65 ILCS 5/11-52.2-1
(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
(65 ILCS 5/Art 11 prec Div 53 heading)
WEIGHTS AND MEASURES
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65 ILCS 5/Art. 11 Div. 53
(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
(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
(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
(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
(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
(65 ILCS 5/Art 11 prec Div 54 heading)
ATHLETIC CONTESTS AND OTHER AMUSEMENTS
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65 ILCS 5/Art. 11 Div. 54
(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
(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
(65 ILCS 5/Art. 11 Div. 54.1 heading)
DIVISION 54.1.
CARNIVALS
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65 ILCS 5/11-54.1-1
(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
(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
(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
(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
(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
(65 ILCS 5/Art 11 prec Div 55 heading)
COIN OPERATED DEVICES
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65 ILCS 5/Art. 11 Div. 55
(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
(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
(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
(65 ILCS 5/Art 11 prec Div 56 heading)
OIL AND GAS
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65 ILCS 5/Art. 11 Div. 56
(65 ILCS 5/Art. 11 Div. 56 heading)
DIVISION 56.
OIL AND GAS PERMITS
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65 ILCS 5/11-56-1
(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
(65 ILCS 5/Art 11 prec Div 57 heading)
RAILROAD SAFETY
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65 ILCS 5/Art. 11 Div. 57
(65 ILCS 5/Art. 11 Div. 57 heading)
DIVISION 57.
GENERAL RAILROAD
SAFETY REGULATIONS
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65 ILCS 5/11-57-1
(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
(65 ILCS 5/Art. 11 Div. 58 heading)
DIVISION 58.
RAILROAD GRADE SEPARATION TAX
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65 ILCS 5/11-58-1
(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
(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
(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 the case may be) of .... passed on the .... day of .... providing for the YES levy of a tax of ....% each year for the term of .... years on all taxable property in the city for the purpose of providing a fund to pay - - - - - - - - - - - - - - - - -
the proportion imposed by law upon the city of the costs of separating the grades of the roadbed and tracks of the .... Railroad Company from public streets and public places in NO the city (village or incorporated town), specified in the ordinance, be approved? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 81-1489 .)
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65 ILCS 5/11-58-4
(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
(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
(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
(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
(65 ILCS 5/Art 11 prec Div 59 heading)
CONTINUITY OF GOVERNMENT
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65 ILCS 5/Art. 11 Div. 59
(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
(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
(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
(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
(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
(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
(65 ILCS 5/Art 11 prec Div 61 heading)
PUBLIC WORKS, BUILDINGS AND PROPERTY
EMINENT DOMAIN AND PUBLIC WORKS - GENERAL
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65 ILCS 5/Art. 11 Div. 61
(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
(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
(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
(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
(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
(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 (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
(65 ILCS 5/Art 11 prec Div 62 heading)
PUBLIC BUILDINGS
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