(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 heading) DIVISION 60.
ISSUING LICENSES
AND ABATING NUISANCES
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(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) (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 heading)
PUBLIC WORKS, BUILDINGS AND PROPERTY
EMINENT DOMAIN AND PUBLIC WORKS - GENERAL
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(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) (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)
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) (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) (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) (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) 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 heading)
PUBLIC BUILDINGS
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(65 ILCS 5/Art. 11 Div. 62 heading) DIVISION 62.
GENERAL POWER TO ERECT
AND CARE FOR PUBLIC BUILDINGS
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(65 ILCS 5/11-62-1) (from Ch. 24, par. 11-62-1)
Sec. 11-62-1.
The corporate authorities of each municipality may provide
for the erection and care of all public buildings necessary for the use of
the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 62.1 heading) DIVISION 62.1.
PROVIDING FOR COURT ROOMS
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(65 ILCS 5/11-62.1-1) (from Ch. 24, par. 11-62.1-1)
Sec. 11-62.1-1.
Any municipality may set aside and maintain space in its
public buildings or may obtain space and maintain such space in privately
owned buildings for court room and office use by the circuit court of the
county in which the municipality is located and may supply all maintenance
employees and supplies needed to maintain such court room and office space
and to assist the court in any way the court deems fit in conducting its
business. The appearance and furnishings of the court rooms thus
established shall meet reasonable minimum standards as prescribed by the
Supreme Court of Illinois. Such standards shall be substantially the same
as those generally accepted in court rooms as to general furnishings,
arrangement of bench, tables and chairs, cleanliness, convenience to
litigants, decorations, lighting and other matters relating to the physical
appearance of the court room.
(Source: Laws 1963, p. 837.)
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(65 ILCS 5/Art. 11 Div. 63 heading) DIVISION 63.
COMMUNITY BUILDINGS AND
GYMNASIUMS
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(65 ILCS 5/11-63-1) (from Ch. 24, par. 11-63-1)
Sec. 11-63-1.
Subject to the provisions of this Division 63, the corporate
authorities of any municipality having a population of less than 500,000
inhabitants may establish, equip, maintain and operate a community
building or buildings which may include a gymnasium to be connected
thereto and may levy annually a tax of .075% of the value, as equalized
or assessed by the Department of Revenue, on all of the
taxable property in the municipality for these purposes. This tax shall
be in addition to all taxes authorized by law to be levied and collected
in that municipality and shall be in addition to the amount authorized
to be levied for general purposes as provided by Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-63-2) (from Ch. 24, par. 11-63-2)
Sec. 11-63-2.
The corporate authorities of any municipality specified
in Section 11-63-1 may not exercise the authorities granted by Section
11-63-1 until the question of establishing, equipping, maintaining and
operating a community building or buildings and the levying of an annual
tax therefor in the amount specified by Section 11-63-1 is submitted to
the electors of such municipality and approved by a majority of those
voting on the question.
Whenever a petition signed by the electors of any specified
municipality equal in number to 5% or more of the total number of votes
cast at the last preceding regular municipal election, is filed with the
municipal clerk of any such municipality requesting the
establishment, equipment, operation and maintenance of a community
building or buildings and the levy of an annual tax therefor,
the question shall be certified by the clerk and submitted to the municipal
electors.
The question shall be in substantially the
following form:
Shall the corporate authorities of (here insert name of YES municipality).... establish, equip, maintain and operate a community
building or buildings and levy annually a tax of ....% for these NO purposes?
If a majority of the votes cast on the question are in favor of the
proposition, the corporate authorities shall have the authority granted
to them by Section 11-63-1.
(Source: P.A. 81-1489 .)
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(65 ILCS 5/11-63-3) (from Ch. 24, par. 11-63-3)
Sec. 11-63-3.
Any municipality which votes favorably upon the
proposition stated in Section 11-63-2 may also issue bonds, as herein
provided, for the acquisition or construction, or both, of such
property, either real or personal, or both, as may be necessary to
establish, equip, operate and maintain a community building or
buildings.
Whenever a petition, signed by the electors of any municipality
specified in Section 11-63-1, equal in number to 5% or more of the total
number of votes cast at the last preceding regular municipal election,
is filed with the municipal clerk of any such municipality
requesting the submission of the proposition
to authorize the issuance of bonds
for the acquisition or construction, or both, of property, either real
or personal, or both, to establish, equip, operate and maintain a
community building or buildings, the municipal clerk shall certify the
proposition for submission to the municipal
electors at an election in accordance with the general election law.
The corporate authorities by ordinance shall,
(1) designate the election at which the question shall be
submitted, and (2) designate the amount of bonds to be issued,
This question may be submitted at the same time as
the question stated in Section 11-63-2.
The proposition shall be substantially in the following form:
Shall bonds for community building purposes to the amount YES of $.... be issued by the city
(or village or incorporated NO town, as the case may be) of ....?
If a majority of the votes cast on the question are in favor of the
proposition, the corporate authorities shall issue general obligation
bonds of the municipality, not exceeding the amount authorized at the
election. The bonds shall mature not more than 20 years after the date
of their issuance, shall be in denominations of $100, or any multiple
thereof, shall bear interest at a rate not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and
shall be sold at not less than par, all in such manner as the corporate
authorities may determine. The corporate authorities, in the manner and
at the time provided by law, shall provide by ordinance for the levy and
collection of a direct annual tax sufficient to pay the maturing
principal and interest on the bonds. Such tax shall not be included
within any tax rate limitation, but shall be excluded therefrom and be
in addition thereto and be in excess thereof, and it shall be the duty
of the recording officer of any such municipality to file a certified
copy of any such ordinance with the county clerk of each county in which
any portion of such municipality is situated and it shall be the duty of
such county clerk to extend taxes against all of the taxable property of
such municipality situated in the county in amounts sufficient to pay
the principal of and interest upon any such bonds as the same becomes
due without limitation as to rate or amount.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4 .)
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(65 ILCS 5/11-63-4) (from Ch. 24, par. 11-63-4)
Sec. 11-63-4.
Whenever the proposition stated in Section 11-63-2 has been
adopted by any municipality specified in Section 11-63-1, the corporate
authorities may assume the management of any community building or
buildings or may vest the management of the community building or buildings
in the playground and recreation board, or may, by ordinance, create a
special board therefor. Such special board, if created, shall consist of 3
directors appointed by the mayor or president with the approval of the
corporate authorities. The first appointees shall hold office for terms of
one, 2 and 3 years, respectively, as determined by lot, beginning July 1st
following their appointment. Annually thereafter, prior to July 1st, a
director shall be appointed in like manner for a term of 3 years. All
directors shall hold office until their respective successors are appointed
and qualified. Vacancies shall be filled in like manner as original
appointments. The mayor or president, with the approval of the corporate
authorities, may remove any director for misconduct in office or neglect of
duty. If a special board is created as herein provided, the directors shall
within 10 days meet and organize, one member shall be elected chairman and
one member shall be elected clerk of the board.
No person connected with the management of any community building at any
time, either directly or indirectly, shall be interested in any contract
for the purchase or sale of any supplies or materials used in the
construction, repair, operation or maintenance of any community building.
No director or person serving in a similar capacity shall receive
compensation for his services.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-63-5) (from Ch. 24, par. 11-63-5)
Sec. 11-63-5. The corporate authorities may acquire a site or sites for a
community building or buildings by condemnation in the name of the
municipality in the manner provided
for the exercise of the
right of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-63-6) (from Ch. 24, par. 11-63-6)
Sec. 11-63-6.
The corporate authorities may dedicate and set apart for the
use of any community building any land or building which is owned or leased
by the municipality and which is not dedicated or devoted to another and
inconsistent public use and may make appropriations from the general
corporate funds for any of the purposes provided by this Division 63.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-63-7) (from Ch. 24, par. 11-63-7)
Sec. 11-63-7.
The managing authority may accept any gift of real or
personal property, but if the acceptance will subject the municipality to
expense, or is subject to a condition, it shall be subject to approval by
the corporate authorities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-63-8) (from Ch. 24, par. 11-63-8)
Sec. 11-63-8.
Any 2 or more contiguous municipalities, which have voted to
establish a community building or buildings, may jointly establish, equip,
operate and maintain the same. Any school board or park board, if otherwise
authorized, may join with any municipality in the establishment, equipment,
operation and maintenance of a community building or buildings. In any case
of joint management, the terms shall be fixed by agreement of the corporate
authorities thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-63-9) (from Ch. 24, par. 11-63-9)
Sec. 11-63-9.
Any community building may be dedicated to the soldiers and
sailors of the municipality in such manner as the managing authority
determines, or in the event that 50% or more of the cost of the building is
paid for by donations or legacies, it may be dedicated in
accordance with the terms, if any, of the instrument by which the donation
or legacy is made.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-63-10) (from Ch. 24, par. 11-63-10)
Sec. 11-63-10.
Subject to the rules of the corporate authorities, or the
board to which the management has been delegated, each community building
and its facilities shall be available for the use and benefit of the
municipal inhabitants for recreational and educational purposes. Such
corporate authorities or board may charge reasonable admission or use fees
and may permit the use of a community building and its facilities
temporarily, for any reasonable and legitimate private use, on such terms
as may be reasonable and proper. When 50% or more of the cost of the
building has been paid for from donations or legacies for the
purpose of paying part of the cost of the building or all the cost, the use
of the building shall be free and no admission or use fees shall be
charged, and the words "reasonable and legitimate" as used in the prior
portion of this section shall not authorize a use permit for a valuable
consideration. No private use shall be permitted which unduly restricts the
public use of the building and its facilities. Private permittees may
charge admission fees, except where 50% or more of the cost of the building
has been paid for from donations or legacies
for the purpose of
paying part of or all of the cost of the building.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-63-11) (from Ch. 24, par. 11-63-11)
Sec. 11-63-11.
If the management of the community building or buildings has
been vested by the corporate authorities in the playground and recreation
board, or in a special board, as authorized by Section 11-63-4, such board
shall make a full report of receipts and expenditures to the corporate
authorities within 30 days after the close of each fiscal year and shall,
at least 10 days prior to the passage of the municipal appropriation
ordinance and tax levy ordinance, report and certify to the corporate
authorities an itemization of the amount of money required for the ensuing
year, for community building purposes. The treasurer of the municipality
shall be treasurer of all funds provided by this Division 63 and he shall
pay out the same only upon written order of a majority of the playground
and recreation board or special board, if created, whenever the management
of any community building or buildings is vested in any such playground and
recreation board or any such special board.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 64 heading) DIVISION 64.
BONDS FOR MUNICIPAL BUILDINGS
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(65 ILCS 5/11-64-1) (from Ch. 24, par. 11-64-1)
Sec. 11-64-1.
Any municipality with a population of less than 500,000 may
issue bonds for the purpose of constructing, acquiring, purchasing,
improving, repairing or equipping a municipal hall or halls or any other
municipal building or buildings used for any municipal purpose, including
the acquisition of a site or sites therefor. The bonds shall be issued
subject to the provisions of Sections 8-4-1, 8-4-2 and 11-64-2. These bonds
may be issued in an amount which, including the existing municipal
indebtedness, does not exceed the constitutional limitation as to debt,
notwithstanding any legislative debt limitation to the contrary.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-64-2) (from Ch. 24, par. 11-64-2)
Sec. 11-64-2.
A certified copy of the ordinance authorizing the issuance of
the bonds provided for in Section 11-64-1 shall be filed with the county
clerk in each county in which any portion of the issuing municipality is
situated. Each such county clerk shall annually extend taxes against all of
the taxable property contained in the municipality or in that portion
thereof which is situated in his county at a rate sufficient to pay the
maturing principal and interest of these bonds. This rate shall be extended
against all of the taxable property of that municipality in addition to all
other taxes now or hereafter authorized to be levied by that municipality.
If any part of the tax liability created under this section is
discharged from other sources, the corporate authorities of that
municipality shall not apply any of the tax money collected under the
provisions of this section to any object or purpose other than the
discharge of the principal and interest on these bonds. The money so
collected shall be held in the municipal treasury as a special fund for
that purpose until the entire liability of that municipality upon these
bonds is fully discharged. Before any part of the municipal revenue or
income from any other source is applied in discharge of the interest or
principal of these bonds, the municipal treasurer, comptroller, or other
custodian of the funds of the municipality shall publish a statement
setting forth fully the amount of funds so taken from other sources, and
from what source and fund taken. This statement shall be published in like
manner as is required for the publication of city ordinances before they
become effective.
Any officer who uses any of the tax money so collected for any other
purpose than that authorized by the provisions of this section shall be
liable to prosecution for diverting public funds from the uses to which
they have been appropriated or set apart.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 65 heading) DIVISION 65.
MUNICIPAL CONVENTION HALLS
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(65 ILCS 5/11-65-1) (from Ch. 24, par. 11-65-1)
Sec. 11-65-1.
In this Division 65, unless the context otherwise requires;
(1) "Municipal convention hall" means a | ||
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(2) "Municipal convention hall purposes" means the | ||
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The objects and purposes defined and set forth in this Division 65 are
municipal corporate objects and purposes.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-2) (from Ch. 24, par. 11-65-2)
Sec. 11-65-2.
Every municipality that has a population
exceeding 40,000; and every
municipality with a population of 12,500 or more but less than
25,000
that (i) is located in a county with a population of 250,000 or more but less
than 260,000 and (ii)
does not levy a property tax;
has the
power to acquire, construct, manage, control, maintain, and operate within
its corporate limits a municipal convention hall or halls.
(Source: P.A. 91-682, eff. 1-26-00; 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-3) (from Ch. 24, par. 11-65-3)
Sec. 11-65-3. Every such municipality may acquire by dedication,
gift, lease,
contract, purchase, or condemnation all property and rights, necessary or
proper, within the corporate limits of the municipality, for
municipal convention
hall purposes, and for these purposes may (1) appropriate money, (2) levy
and collect taxes, (3) borrow money on the credit of the municipality, and (4)
issue bonds therefor.
In all cases where property is acquired or sought to be acquired by
condemnation, the procedure shall be, as nearly as may be, like that
provided for the exercise of the right of eminent
domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-65-4) (from Ch. 24, par. 11-65-4)
Sec. 11-65-4.
All appropriations and bond issues for the use of such a
municipal convention hall shall be made by the corporate authorities in the
manner
provided by law. All warrants upon which any portion of these funds are to
be paid out shall bear the signature of such officials as may be designated
by the corporate authorities.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-5) (from Ch. 24, par. 11-65-5)
Sec. 11-65-5.
The corporate authorities, in the manner
and at the time provided by
law, shall provide by ordinance for the collection of a direct annual tax
sufficient to pay the interest on bonds issued under this Division 65 as it
falls due, and also to pay the principal thereof as it falls due, unless the
bonds are to be payable from sources other than a tax levy.
Except that the corporate authorities of any
municipality
A) with a population of 12,500 or more but less than 25,000
that i) is located in a county with a population of 250,000 or more but less
than 260,000 and ii) does not levy a property tax; or B) with a population
between 40,000 and 75,000 shall not levy a property tax for purposes of this
Division 65.
(Source: P.A. 91-682, eff. 1-26-00; 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-6) (from Ch. 24, par. 11-65-6)
Sec. 11-65-6.
Every such municipality referenced in Section 11-65-2 has the
power under this Division 65 to contract for the
management of all or any portion of the municipal convention hall, including,
but not limited to, long-term multi-year contracts and to license or lease
all or any part of the municipal convention
hall to assemblages for definite short periods of time, upon such terms and
compensation as may be prescribed by the corporate authorities or as may be
determined by ordinances, rules, or regulations passed or prescribed by the
corporate authorities.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-7) (from Ch. 24, par. 11-65-7)
Sec. 11-65-7.
The corporate authorities, under rules and
regulations prescribed by a
general ordinance, and not otherwise, may provide for granting the free use
of such a municipal convention hall to the inhabitants of the municipality, or
to
local bodies or organizations existing within the municipality,
for civic,
patriotic, educational, charitable, or political purposes and also for
historic celebrations, free amusements, concerts, entertainments, lectures
and discussions.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-8) (from Ch. 24, par. 11-65-8)
Sec. 11-65-8.
The corporate authorities from time to
time may establish by ordinance
all needful rules and regulations for the management and control of such a
municipal convention hall. All these ordinances, for the violation of which
fines are imposed shall be published in the same manner and form as is
required for other ordinances of the municipality, and these ordinances may
be printed in book or pamphlet form in such manner as the corporate
authorities shall direct. Rules established by these ordinances shall be
brought to the notice of the public by being posted in conspicuous places
in the municipal convention hall. When these ordinances are printed in book
or
pamphlet form, and purport to be published by authority of the corporate
authorities, the book or pamphlet shall be received in all courts as evidence
of the contents of these ordinances, and of the passage and publication
thereof as of the dates therein mentioned, without further proof.
(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-65-9) (from Ch. 24, par. 11-65-9)
Sec. 11-65-9. Every municipality owning and operating such a
municipal convention
hall shall keep books of account for the municipal convention hall separate
and
distinct from other municipal accounts and in such manner as to
show the true
and complete financial standing and results of the municipal
ownership and
operation. These accounts shall be so kept as to show: (1) the actual cost
to the municipality of maintenance, extension, and improvement,
(2) all operating
expenses of every description, (3) if water or other service is furnished
for the use of the municipal convention hall without charge, as nearly as
possible,
the value of that service, and also the value of any use or service
rendered by the municipal convention hall to the municipality
without charge, (4) reasonable
allowances for interest, depreciation, and insurance, and (5) estimates of
the amount of taxes that would be chargeable against the property if owned
by a private corporation. The corporate authorities shall
publish a report annually
showing the financial results, in the form specified in this section, of
the municipal ownership and operation in one or more newspapers
published in the
municipality, or, if no newspaper is published therein, then in one or more
newspapers with a general circulation within the municipality.
The accounts of the convention hall shall be examined at least once a
year by a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act who shall report to the corporate authorities the
results of his examination. This accountant shall be selected as the
corporate authorities may direct, and he shall receive for
his services such
compensation, to be paid out of the revenue from the municipal convention
hall, as
the corporate authorities may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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(65 ILCS 5/11-65-10) Sec. 11-65-10. Public-facilities corporations authorized.
(a) Each municipality referenced in Section 11-65-2 is authorized to incorporate a public-facilities corporation to exercise, as business agent of the municipality, the powers of the municipality set forth in Section 11-65-2, Section 11-65-6, and Section 11-65-7, and also the power of the municipality to acquire by dedication, gift, lease, contract, or purchase all property and rights, necessary or proper, within the corporate limits of the municipality, for municipal convention hall purposes. (b) In this Division 65, unless the context otherwise requires, a "public-facilities corporation" means an Illinois not-for-profit corporation whose purpose is charitable and civic, organized solely for the purpose of (i) acquiring a site or sites appropriate for a municipal convention hall; (ii) constructing, building, and equipping thereon a municipal convention hall; and (iii) collecting the revenues therefrom, entirely without profit to the public-facilities corporation, its officers, or directors. A public-facilities corporation shall assist the municipality it serves in the municipality's essential governmental purposes. (c) The municipality shall retain control of the public-facilities corporation by means of the municipality's expressed legal right, set forth in the articles of incorporation of the public-facilities corporation, to appoint, remove, and replace the members of the board of directors of the public-facilities corporation. The directors and officers of the public-facilities corporation shall serve without compensation but may be reimbursed for their reasonable expenses that are incurred on behalf of the public-facilities corporation. Upon retirement or redemption of any bonds or other debt instruments issued by the public-facilities corporation in connection with the development of the municipal convention hall, the legal title to the municipal convention hall shall be transferred to the municipality without any further consideration by or on behalf of the municipality.
(d) The municipality may designate a public-facilities corporation to include a facility that operates for the benefit of multiple units of local government through a management board created by a duly executed intergovernmental cooperation agreement and ratified by each duly elected board. (Source: P.A. 98-109, eff. 7-25-13.) |
(65 ILCS 5/11-65-15) Sec. 11-65-15. Exemption from use and occupation taxes. No tax is imposed under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, or the Retailers' Occupation Tax Act upon the use or sale of tangible personal property sold to a public-facilities corporation for purposes of constructing or furnishing a municipal convention hall.
(Source: P.A. 95-672, eff. 10-11-07.) |
(65 ILCS 5/11-65-20) Sec. 11-65-20. Exemptions from property taxation. All real property and the municipal convention hall owned by the public-facilities corporation is exempt from property taxation.
(Source: P.A. 95-672, eff. 10-11-07.) |
(65 ILCS 5/11-65-25)
Sec. 11-65-25. Tax exemptions for existing public-facilities corporations. If, before the effective date of this amendatory Act of the 95th General Assembly, a municipality has incorporated a public-facilities corporation and the public-facilities corporation complies with the requirements set forth in Section 11-65-10, then, for all purposes: (1) No tax is imposed under the Use Tax Act, the | ||
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(2) all real property and the municipal convention | ||
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(Source: P.A. 95-672, eff. 10-11-07.) |
(65 ILCS 5/Art. 11 Div. 66 heading) DIVISION 66.
COLISEUMS IN CITIES AND VILLAGES
OF LESS THAN 500,000
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(65 ILCS 5/11-66-1) (from Ch. 24, par. 11-66-1)
Sec. 11-66-1.
Every city and village with a population of less than 500,000 in the
manner provided in this Division 66, may establish and maintain a
municipal coliseum to be used for general educational and amusement
purposes for the benefit of its inhabitants. For this purpose, the
corporate authorities may levy a tax not to exceed .25% of the value, as
equalized or assessed by the Department of Revenue, on
all the taxable property of the municipality, for the establishment of
such a coliseum, and thereafter may annually levy a tax not to exceed
.05% of the value, as equalized or assessed by the Department of Revenue,
on all the taxable property of the municipality, for
the maintenance thereof. Those taxes shall be levied and collected in
like manner as other taxes of the municipality are levied and collected
for municipal purposes. This tax when collected shall be paid to the
municipal treasurer and shall be designated as the municipal coliseum
fund. This tax shall be in addition to all other taxes which the
municipality is now or may be hereafter authorized to levy and collect,
and shall be in addition to the amount authorized to be levied for
general purposes as provided by Section 8-3-1.
The foregoing limitations upon tax rates may be increased or
decreased according to the referendum provisions of the General Revenue
Law of Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-66-2) (from Ch. 24, par. 11-66-2)
Sec. 11-66-2.
Whenever 100 or more electors of a specified
municipality present a written petition to the municipal clerk
asking that an annual tax be levied for the establishment and
maintenance of a municipal coliseum in the municipality, the municipal
clerk shall certify the proposition for submission
to the electors of the municipality at an election in accordance with the
general election law.
The question shall be in substantially the following form:
Shall an annual tax be levied for the establishment and YES maintenance of a municipal
coliseum in the city (or NO village) of ....?
(Source: P.A. 81-1489 .)
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(65 ILCS 5/11-66-3) (from Ch. 24, par. 11-66-3)
Sec. 11-66-3.
If a majority of all votes cast at the election are in favor of the tax
levy for a municipal coliseum, the corporate authorities, in the next
annual tax levy, shall include a tax not to exceed .25% of the value, as
equalized or assessed by the Department of Revenue, on all
the taxable property of the municipality for the establishment of a
municipal coliseum in the municipality, and thereafter may annually levy a
tax not to exceed .05% of the value, as equalized or assessed by the
Department of Revenue, on all the taxable property of the
municipality, for the maintenance thereof and for the payment for the use
of any money loaned or advanced to the municipality for the purpose of
buying a site and building the municipal coliseum, and for the repayment of
any money so loaned or advanced. Payment for the use of money so loaned or
advanced shall be in such form and manner as the board of directors may
determine, and the amount so paid shall not exceed 5% annually on any money
so loaned or advanced. The corporate authorities of such a municipality,
when real estate owned by the municipality is not necessary for any other
municipal purpose, may authorize the use of the real estate for the
municipal coliseum.
The foregoing limitations upon tax rates may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 86-1028.)
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(65 ILCS 5/11-66-4) (from Ch. 24, par. 11-66-4)
Sec. 11-66-4.
Whenever a one year period has elapsed after which a
municipal coliseum has been sold by the municipality and during which the
tax authorized by this Division 66 has not been levied, the municipal
authorities may pass an ordinance transferring the unobligated balance in
the municipal coliseum fund to the general corporate fund.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-5) (from Ch. 24, par. 11-66-5)
Sec. 11-66-5.
Whenever a specified municipality decides to establish and
maintain a municipal coliseum, the mayor or president of the municipality,
with the approval of the corporate authorities, shall appoint a board of 3
directors. None of the directors shall hold any other office with the
government of the municipality, and all of them shall be citizens of the
municipality and chosen with reference to their special fitness for the
office. The first board of directors shall hold office, one for one year,
one for 2 years, and the third for 3 years, from and after the first day of
July following their appointment. At their first regular meeting after
their appointment they shall cast lots for the respective terms. Annually
thereafter, before the first of July of each year, the mayor or president
shall appoint one director to take the place of the retiring director.
These subsequent appointees shall hold office for a period of 3 years. All
directors shall hold office until their respective successors are
appointed. The mayor or president, with the approval of the corporate
authorities, may remove any director for misconduct in office or neglect of
duty. Vacancies in the board of directors, however occasioned, shall be
filled for the remainder of the unexpired term in like manner as original
appointments.
No director at any time, either directly or indirectly, shall be
interested in any contract with the board or in the purchase or sale of any
supplies or materials used in the building or maintenance of the municipal
coliseum. No director shall receive compensation for his services as
director.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-6) (from Ch. 24, par. 11-66-6)
Sec. 11-66-6.
These directors shall meet immediately after their
appointment and organize by the election of one of their members as
president and one as secretary. The president and secretary shall have the
duties usually performed by such officers of similar boards. After the
organization the board of directors shall make and adopt such by-laws,
rules, and regulations for their own guidance, for the transaction of the
business of the board, and for the management of the municipal coliseum as
they may deem expedient. These by-laws, rules and regulations shall not be
inconsistent with this Division 66. Subject to the approval of the
corporate authorities, the board of directors may build, erect, construct,
and equip a municipal coliseum for the uses designated in this Division 66,
and may purchase or lease such real estate, and perform all such acts as
may be reasonably necessary to accomplish that purpose. The board shall
have exclusive care, custody, and management of the municipal coliseum
after it is constructed, and the exclusive control of the expenditure of
all money collected to the credit of the municipal coliseum fund. No money
shall be drawn by the board from the municipal treasurer, except upon order
of the board and upon checks or vouchers drawn upon the municipal
treasurer, and signed by the president and secretary of the board.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-7) (from Ch. 24, par. 11-66-7)
Sec. 11-66-7.
Subject to the approval of the corporate authorities, the
board of directors, for the purpose of assisting in establishing a
municipal coliseum, has the power to borrow money on the coliseum property,
and to issue bonds secured by mortgage or deed of trust on that property.
These bonds shall mature on or before 20 years from the date of their
issuance, and shall draw interest at a rate of not to exceed the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, payable semi-annually. The board may negotiate
and sell these bonds at not less than par and accrued interest. These bonds
and all interest coupons attached thereto may be executed by the board, and
the mortgage or deed of trust securing them shall be executed by the
municipality through its proper officers. All proceeds arising from these
bonds shall be paid to the municipal treasurer, and by him deposited to the
credit of the municipal coliseum fund, and the proceeds shall be used only
for the establishment of such a municipal coliseum. Out of the annual tax
levy the board of directors shall provide a sinking fund for the retirement
of these bonds when they become due.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
Any bonds issued under this Section as limited bonds as defined in Section 3
of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/11-66-8) (from Ch. 24, par. 11-66-8)
Sec. 11-66-8.
The board of directors of a municipal coliseum shall make a
full report of receipts and expenditures to the corporate authorities
annually on or before July first of each year, and annually, prior to the
passage of the annual appropriation ordinance and tax levy ordinance by the
corporate authorities, shall report and certify to the corporate
authorities the amount of money appropriated by them for the ensuing year,
and the items thereof, and the amount of money necessary to be raised by
taxation for the maintenance of the municipal coliseum.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-9) (from Ch. 24, par. 11-66-9)
Sec. 11-66-9.
Every municipal coliseum shall be for the free use and
benefit of the inhabitants of the municipality wherein the coliseum is
established, for lectures, concerts, public assemblies, other general
educational purposes, and for the purpose of maintaining free amusements
and entertainments. All of these uses shall be subject to such reasonable
rules and regulations as the board of directors may adopt in order to
render the use of the property of the greatest benefit to the greatest
number. The board of directors has the power to temporarily lease the
coliseum, when not in use for public purposes, for any reasonable and
legitimate private use, on such terms as they may prescribe. When so
temporarily leased, an admission fee may be charged by the lessees. All
rentals received shall be paid to the municipal treasurer, and by him
deposited to the credit of the municipal coliseum fund.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-66-10) (from Ch. 24, par. 11-66-10)
Sec. 11-66-10. The board of directors, with the approval of the corporate
authorities may acquire a site for a municipal coliseum by condemnation in
the name of the municipality. Any proceeding to condemn for this purpose
shall be maintained and conducted in the manner provided for the exercise
of the right of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-66-11) (from Ch. 24, par. 11-66-11)
Sec. 11-66-11.
All municipal coliseums established and maintained under "An
Act to enable cities and villages having a population not to exceed five
hundred thousand (500,000), to establish and maintain public and municipal
coliseums," approved June 27, 1913, as amended, which were in existence
immediately prior to January 1, 1942, shall be treated as properly
established under this Division 66 and may be continued to be maintained
under this Division 66. All cities and villages whose electors have
approved the levy of an annual tax for a public municipal coliseum under
that Act may continue to levy the tax under this Division 66 without
submitting the question of its levy to the electors for approval.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 67 heading) DIVISION 67.
COLISEUMS IN MUNICIPALITIES OF
75,000 OR LESS
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(65 ILCS 5/11-67-1) (from Ch. 24, par. 11-67-1)
Sec. 11-67-1.
Subject to a referendum vote, any municipality having a
population of 75,000 or less, may acquire, construct, manage, control,
maintain, and operate within its corporate limits a municipal coliseum with
all necessary adjuncts thereto.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-2) (from Ch. 24, par. 11-67-2)
Sec. 11-67-2.
Whenever, in a specified municipality not less than 5%
of the electors voting at the last preceding general municipal election
petition the municipal clerk for the submission to a referendum vote the
proposition of establishing and maintaining a municipal coliseum, the municipal
clerk shall certify the proposition for submission at an election in accordance
with the general election law. The proposition shall be substantially in the
following form:
Shall the city (or village or YES incorporated town) of .... establish
and maintain a municipal coliseum? NO
If a majority of the votes cast upon the proposition are in favor thereof,
a municipal coliseum shall be established and maintained in that municipality.
(Source: P.A. 81-1489 .)
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(65 ILCS 5/11-67-3) (from Ch. 24, par. 11-67-3)
Sec. 11-67-3.
Every such municipality has the power to acquire by
dedication, gift, lease, contract, or purchase, all property and rights,
necessary or proper, within the corporate limits of the municipality for
municipal coliseum purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-4) (from Ch. 24, par. 11-67-4)
Sec. 11-67-4.
Every such municipality has the power to levy and collect taxes for
the purpose of establishing and maintaining a municipal coliseum.
However, any tax levied to establish and maintain such a coliseum shall
not exceed .025% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property within
that municipality.
These taxes shall be in addition to the amount authorized to be
levied for general purposes under Section 8-3-1.
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. 81-1509.)
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(65 ILCS 5/11-67-5) (from Ch. 24, par. 11-67-5)
Sec. 11-67-5.
Every such municipality has the power to borrow money
on the credit of the municipality and to issue bonds, in the manner
provided by law, for the purpose of establishing and maintaining a
municipal coliseum. But no issue of bonds shall be valid unless the
proposition of issuing the bonds is first certified by the municipal clerk
and submitted to the electors of
the municipality and is approved by a majority of those voting on the
proposition. The proposition shall be substantially in the following form:
Shall bonds for the purpose of establishing and maintaining a YES municipal coliseum, in the amount
of $....(insert amount), be issued NO by the ....(insert name of municipality)?
Each year after bonds are issued under this Division 67 and until all
bonds so issued are retired, there shall be included in and added to the
taxes levied for municipal purposes, a direct annual tax for an amount
sufficient to pay the interest as it accrues on each bond so issued, and
also to pay the principal of these bonds at par value, as the bonds
respectively fall due. Any tax levied to pay off any bond issue
hereafter approved shall not exceed .05% of the value, as equalized or
assessed by the Department of Revenue, upon the taxable
property within the municipality.
(Source: P.A. 81-1489; 81-1509 .)
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(65 ILCS 5/11-67-6) (from Ch. 24, par. 11-67-6)
Sec. 11-67-6.
Every such municipality which establishes and owns a
municipal coliseum has the power to license or lease all or any part of the
coliseum to assemblages for definite short periods of time, upon such terms
and compensation as may be prescribed by the corporate authorities or as
may be determined by ordinances, rules, or regulations passed or prescribed
by the corporate authorities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-7) (from Ch. 24, par. 11-67-7)
Sec. 11-67-7.
The corporate authorities may provide for granting the free
use of such a municipal coliseum to the inhabitants of the municipality, or
to local bodies or organizations existing within the municipality, for
civic, patriotic, educational, charitable, or political purposes and also
for historic celebrations, free amusements, concerts, entertainments,
lectures, and discussions.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-8) (from Ch. 24, par. 11-67-8)
Sec. 11-67-8.
The corporate authorities from time to time may establish by
ordinance all needful rules and regulations for the management and control
of such a municipal coliseum. All these ordinances, for the violation of
which fines are imposed, shall be published in the same manner and form as
is required for other ordinances of the municipality, and these ordinances
may be printed in book or pamphlet form in such manner as the corporate
authorities shall direct. Rules established by these ordinances shall be
brought to the notice of the public by being posted in conspicuous places
in the coliseum. When these ordinances are printed in book or pamphlet
form, and purport to be published by authority of the corporate authorities
of a designated municipality, the book or pamphlet shall be received in all
courts as evidence of the contents of these ordinances, and of the passage
and publication thereof as of the date therein mentioned, without further
proof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-67-9) (from Ch. 24, par. 11-67-9)
Sec. 11-67-9. Every municipality owning and operating such a
municipal coliseum shall keep books of account for the coliseum separate
and distinct from other municipal accounts and in such manner as to show
the true and complete financial standing and results of the municipal
ownership and operation. These accounts shall be so kept as to show: (1)
the actual cost to the municipality of maintenance, extension, and
improvement, (2) all operating expenses of every description, (3) if
water or other service is furnished for the use of the municipal
coliseum without charge, as nearly as possible, the value of that
service, and also the value of any use or service rendered by the
municipal coliseum to the municipality without charge, (4) reasonable
allowances for interest, depreciation, and insurance, and (5) estimates
of the amount of taxes that would be chargeable against that property if
owned by a private corporation. The corporate authorities shall have
printed annually for public distribution, a report showing the
financial results, in the form specified in this section, of the
municipal ownership and operation.
The accounts of the municipal coliseum shall be examined at least
once a year by a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act, who shall report to the corporate
authorities the results of his examination. This accountant shall be
selected as the corporate authorities may direct, and he shall receive
for his services such compensation, to be paid out of the revenue from
the municipal coliseum, as the corporate authorities may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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(65 ILCS 5/11-67-10) (from Ch. 24, par. 11-67-10)
Sec. 11-67-10.
If a majority of the electors voting on the proposition in
any municipality have voted for a municipal coliseum under "An Act to
enable cities, villages and incorporated towns having a population of
seventy-five thousand or less, to establish and maintain municipal
coliseums," approved May 19, 1927, as amended, that municipality has the
same powers and is subject to the same duties as a municipality whose
electors approve the establishment and maintenance of a municipal coliseum
under this Division 67. If a majority of the electors voting on the
proposition in any municipality have voted for the issuance of bonds or
obligations under that Act, that municipality has the same powers and is
subject to the same duties as a municipality whose electors approve the
issuance of bonds under this Division 67.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 68 heading) DIVISION 68.
STADIUMS AND ATHLETIC FIELDS
IN CITIES
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(65 ILCS 5/11-68-1) (from Ch. 24, par. 11-68-1)
Sec. 11-68-1.
For the purpose of promoting the health and welfare of its
citizens, any city with a population of more than 30,000 whose corporate
limits coincide with the limits of the township in which the city is
located, subject to a referendum vote, may acquire and improve not to
exceed 10 acres of land, within or without the city, to be set apart, held,
and maintained as a stadium and athletic field for the use of the public.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-68-2) (from Ch. 24, par. 11-68-2)
Sec. 11-68-2.
Whenever, in such a city, not less than 100 of its
electors petition the city clerk for submission to a referendum
vote the
proposition of acquiring and maintaining a stadium and athletic field,
the proposition shall be certified by the city clerk and submitted at
an election in accordance with the general election law.
The proposition shall be substantially in the following form:
Shall the city of .............. YES acquire and maintain a stadium
and athletic field? NO
(Source: P.A. 81-1489 .)
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