(65 ILCS 5/11-110-1) (from Ch. 24, par. 11-110-1)
Sec. 11-110-1.
The corporate authorities of cities and villages for
drainage purposes may lay out, establish, construct, and maintain drains,
storm sewers, detention basins, retention basins and other "green infrastructure" facilities, such as green roofs, rain gardens, bioswales, tree boxes, porous pavement, porous pipe systems, native plantings, constructed wetlands, and cisterns, ditches, levees, dykes, pumping works, and machinery, and may acquire the
necessary land and machinery therefor, and in this manner may provide for
draining or otherwise managing the runoff, such as by infiltration, evapotranspiration, or collection, on any portion of the land within their corporate limits, by special
assessment upon the property benefited thereby, or by general taxation, or
a combination. No lot, block, tract, or parcel of land, however, shall be
assessed more than once in any one year by a municipality for maintenance.
(Source: P.A. 98-330, eff. 1-1-14.)
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(65 ILCS 5/11-110-2) (from Ch. 24, par. 11-110-2)
Sec. 11-110-2.
The corporate authorities of cities and villages may pass
ordinances providing for the making of any improvements specified in
Section 11-110-1, and for the nature, character, locality, and description
thereof. Upon the passage of such an ordinance all proceedings thereafter
had for the making of the improvements, and for the maintenance and repair
thereof, and for the levy and collection of special assessments to defray
the cost thereof, shall be in accordance with the provisions of Article
9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-110-3) (from Ch. 24, par. 11-110-3)
Sec. 11-110-3.
Whenever, in the judgment of the corporate authorities of a
city or village, it becomes necessary or advantageous for the proper
construction of improvements specified in Section 11-110-1 to enlarge,
construct, or improve a natural or artificial drain outside the corporate
limits of the city or village to obtain a proper outlet, the corporate
authorities have the power to acquire the right of way therefor under the
provisions of the statutes relating to the exercise of the right of eminent
domain. Upon the establishment of this improvement, by the confirmation of
the assessment therefor, the corporate authorities have the power to
contract with all persons owning or interested in property or drains,
outside the corporate limits of the city or village, who will be benefited
by the improvement, for payment to the city or village of such an amount as
the improvement will benefit those persons. In case of a failure to agree
on the amount to be paid for these benefits the corporate authorities of
the city or village have the power to sue for and recover the amount in a
civil action in any court of competent jurisdiction in this state. The
amount recovered or realized by such an agreement or proceeding shall
become a part of the money raised to pay for the improvement, and may be
refunded in accordance with the provisions of Section 9-2-74.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 111 heading) DIVISION 111.
DRAINAGE IMPROVEMENT DISTRICTS
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(65 ILCS 5/11-111-1) (from Ch. 24, par. 11-111-1)
Sec. 11-111-1.
Every city or village, whether incorporated under the
general law or under a special charter, whose site is wholly or partially
subject to overflow and wholly or partially surrounded by levees, dykes, or
embankments to prevent overflow: (1) may divide the municipality, or any
part thereof, into improvement districts, (2) may fix the grade of the
streets, avenues, alleys, or public grounds within the improvement
districts, at any height deemed necessary to give a surface drainage from
each improvement district to the river or rivers which cause the overflow,
and (3) may require low lots, blocks, or parts thereof, within an
improvement district to be filled in such manner as to prevent water from
standing thereon and thus to prevent them from becoming a nuisance or
injurious to the public health, in the judgment of the corporate
authorities of the municipality.
The work authorized to be done by Sections 11-111-1 through 11-111-7
shall be done by special assessment or special taxation of contiguous
property. Every city or village exercising the power granted by these
sections has the same power in relation to special assessments or special
taxation as is granted to any city, village, or drainage or improvement
district in this state.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-2) (from Ch. 24, par. 11-111-2)
Sec. 11-111-2.
When an improvement district has been created by ordinance
under Sections 11-111-1 through 11-111-7 the corporate authorities shall
have an accurate survey of the work contemplated to be done, made by a
competent civil engineer, and shall have that engineer make plats,
profiles, and estimates of the work to be done. The estimate shall include
the cost of all walls or other structures necessary to be constructed to
hold the earth to its proper place, the cost of the work opposite or
adjacent to each lot in the district, and the cost of the fill upon each
lot within the district necessary to be filled. The survey, plats,
profiles, and estimates shall be used in estimating the benefits to be
charged against the lot or block, or parts thereof, within the improvement
district. In estimating those benefits, the benefit the lot, block, or
parts thereof, will receive by reason of being secured from overflow or
sipe water may be considered.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-3) (from Ch. 24, par. 11-111-3)
Sec. 11-111-3.
When specified improvement districts have been laid out,
the cost of the improvement has been estimated and ascertained by a
competent engineer, and the benefits to the lots, blocks, or parts thereof,
have been assessed, the municipality may issue a series of bonds sufficient
to pay the special assessments or special tax so ascertained for each
district. When so issued and endorsed as provided for in this section,
these bonds shall be a lien upon the respective lots, blocks, or parts
thereof, which are designated in the bonds. The bonds 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 may run for any term not exceeding 20 years. The style of the bonds
shall be fixed and designated by ordinance. But before any bond is issued
or put into circulation, the owner of any lot charged with such a special
assessment or special tax shall endorse upon the back of the bond his
consent thereto, substantially as follows:
I hereby endorse the within bond, and consent that the lot or lots, or
parts thereof therein designated, shall become liable for the interest and
principal therein named, and that the bond shall be a lien upon the
designated property from this date until paid off and discharged.
.... (insert date) .... (Seal)
The bond, when prepared and executed by the municipality, and endorsed
by the owners of the property charged with the special assessments or
special tax, shall be recorded in the recorder's office of the county in
which the municipality is located. When so recorded the record is notice of
the lien thereby created, to the same extent that records of mortgages are
notices of the mortgage lien, and has the same force and effect. No coupon
need be recorded. A record of the face of the bond and of the endorsement
are sufficient.
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.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 91-357, eff. 7-29-99.)
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