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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/Art. 11 Div. 115
(65 ILCS 5/Art. 11 Div. 115 heading)
DIVISION 115.
STATE AID IN FLOOD CONTROL
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65 ILCS 5/11-115-1
(65 ILCS 5/11-115-1) (from Ch. 24, par. 11-115-1)
Sec. 11-115-1.
Whenever the State of Illinois appropriates money for the
purpose of aiding in the construction of or for the purpose of constructing
works to protect against floods, the corporate authorities of any
municipality benefited, or to be benefited, by that protection have the
power to contract with the State of Illinois through the department charged
with the construction of those works for the taking over and maintenance
thereof. Such a contract may be entered into either before or after the
works have been constructed.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 115.1
(65 ILCS 5/Art. 11 Div. 115.1 heading)
DIVISION 115.1.
MUNICIPAL - FEDERAL FLOOD
CONTROL PROJECTS
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65 ILCS 5/11-115.1-1
(65 ILCS 5/11-115.1-1) (from Ch. 24, par. 11-115.1-1)
Sec. 11-115.1-1.
Any city, village or incorporated town, may enter into
contracts or agreements with, and give assurances to, the United States
that it will with reference to any flood control project constructed or to
be constructed by the United States and so located as to furnish protection
to the city, village or incorporated town from floods,
(1) Provide without cost to the United States all lands, easements, and
rights-of-way necessary for the construction of the project and for the
subsequent maintenance and operation of the project.
(2) Contribute such part of the first cost of construction of such
project as shall be agreed upon with the United States, either in cash or
in credits, for purchase of material or performance of work forming part of
the project, such first cost to be the sum allowed and approved by the
Secretary of Defense.
(3) Hold and save the United States free and harmless from claims for
damages to any property resulting from construction of the works of the
project, except damages for breach of contract between the United States
and third parties and to which the city, village or incorporated town is
not a party and damages arising from the negligence of the United States,
its servants, agents or employees, where the laws of the United States give
a right of action against the United States.
(4) Maintain and operate all the works after completion of the project,
in accordance with regulations prescribed by the Secretary of Defense.
(5) Establish and enforce flood channel limits approved by the Secretary
of Defense for the protection of any flood channel, against further
encroachments.
(6) Prevent dumping of waste material or the creation of fills within
any flood channel limits.
(7) Regulate under approval of the Secretary of Defense the construction
or reconstruction of bridges or other structures crossing any waterway.
(8) Restrict further residential development in the area protected
unless the city, village or incorporated town or local interests elect to
make sufficient additional contribution to permit construction of the
project for a higher degree of protection substantially as recommended by
the Chief of Engineers of the United States Army and approved by the
Secretary of Defense.
(Source: Laws 1963, p. 852.)
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65 ILCS 5/11-115.1-2
(65 ILCS 5/11-115.1-2) (from Ch. 24, par. 11-115.1-2)
Sec. 11-115.1-2.
Any city, village or incorporated town, entering into any
contract or agreement with or giving any assurance to the United States as
herein authorized, is given full power and authority to perform and do all
acts necessary to comply with the terms of any such contract, agreement or
assurance, to the same extent as if such power and authority were expressly
granted with reference to the different subject matters enumerated in
Section 11-115.1-1.
(Source: Laws 1963, p. 852.)
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65 ILCS 5/11-115.1-3
(65 ILCS 5/11-115.1-3) (from Ch. 24, par. 11-115.1-3)
Sec. 11-115.1-3.
Nothing in this Division 115.1 shall be construed to limit
or qualify any powers or authority conferred on any department of the State
of Illinois by any other law or statute.
(Source: Laws 1963, p. 852.)
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65 ILCS 5/Art 11 prec Div 116
(65 ILCS 5/Art 11 prec Div 116 heading)
MONUMENTS AND MEMORIALS
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65 ILCS 5/Art. 11 Div. 116
(65 ILCS 5/Art. 11 Div. 116 heading)
DIVISION 116.
MONUMENTS FOR SOLDIERS,
SAILORS, DISTINGUISHED PERSONAGES
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65 ILCS 5/11-116-1
(65 ILCS 5/11-116-1) (from Ch. 24, par. 11-116-1)
Sec. 11-116-1.
Subject to the provisions of this Division 116, a
municipality with a population of less than 100,000 may erect monuments
or memorials in honor of its soldiers and sailors or in honor of any one
or more of its notable or distinguished persons.
To defray the cost of constructing such a monument or memorial the
municipality may levy a direct tax of not more than .01% of the value,
as equalized or assessed by the Department of Revenue,
of all taxable property within the corporate limits of the municipality.
This tax shall be in addition to the taxes now or hereafter authorized
by law to be levied and collected by the municipality and shall be in
addition to the amount authorized to be levied for general purposes as
provided by 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 5/11-116-2
(65 ILCS 5/11-116-2) (from Ch. 24, par. 11-116-2)
Sec. 11-116-2.
When the petition specified in this Division 116 is
filed with the municipal clerk of a municipality specified in this
Division 116, the question of erecting a monument or memorial shall be
certified by the clerk and submitted to the electors of the municipality.
The question shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall a monument (or memorial be erected in honor of YES ....... (insert for whom to be - - - - - - - - - - - - - - - - - - - - - - - - - - -
erected) by .......... (insert name of the municipality) at a NO cost not to exceed $....? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of those voting on the question vote yes, the
corporate authorities shall have the monument or memorial erected and,
if necessary, shall levy and collect, in the same manner as other
general taxes are levied and collected, a tax sufficient to raise the
amount specified in the petition, and to provide for the maintenance of the memorial.
(Source: P.A. 98-312, eff. 8-12-13.)
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65 ILCS 5/11-116-3
(65 ILCS 5/11-116-3) (from Ch. 24, par. 11-116-3)
Sec. 11-116-3.
The petition referred to in Section 11-116-3 shall be signed
by not less than 100 electors of the municipality in which the specified
question is to be voted upon. The petition shall state the specific purpose
for which the proposed monument or memorial is to be erected, whether in
honor of the soldiers and sailors of the municipality or in honor of any
one or more of its notable and distinguished persons, and shall specify the
amount of money to be expended for the erection of the proposed monument or
memorial. The cost of the monument or memorial, however, shall not exceed
the amount authorized by referendum.
(Source: P.A. 76-1234.)
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65 ILCS 5/11-116-4
(65 ILCS 5/11-116-4) (from Ch. 24, par. 11-116-4)
Sec. 11-116-4.
All municipalities whose electors have approved the erection
of a monument or memorial under "An Act to authorize cities, villages and
incorporated towns having a population of less than one hundred thousand to
erect monuments and memorials," approved May 10, 1919, as amended, may
continue to levy the tax thereby authorized as long as its levy would be
authorized if the monument or memorial had been erected under the
provisions of this Division 116.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art 11 prec Div 117
(65 ILCS 5/Art 11 prec Div 117 heading)
MUNICIPAL UTILITIES
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65 ILCS 5/Art. 11 Div. 117
(65 ILCS 5/Art. 11 Div. 117 heading)
DIVISION 117.
CONSTRUCTION AND LEASING OF
CERTAIN UTILITIES
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65 ILCS 5/11-117-1
(65 ILCS 5/11-117-1) (from Ch. 24, par. 11-117-1)
Sec. 11-117-1.
Subject to the provisions of this Division 117, any
municipality may (1) acquire, construct, own and operate within the
corporate limits of the municipality any public utility the product or
service of which, or a major portion thereof, is or is to be supplied to
the municipality or its inhabitants and may contract for, purchase and sell
the product or service of any such utility; provided, however, that any
municipality may acquire, construct, own and operate without the corporate
limits of any municipality any public utility for the transportation of
persons; (2) acquire, construct, own, maintain and operate without the
corporate limits of any municipality any electric power lines or
substations necessary solely to provide power or a source of power for such
municipality, and, when it is found necessary and in the public interest by
the Illinois Commerce Commission, to acquire by eminent domain any property
without the corporate limits of any municipality for such purposes, but no
new customer which an electric supplier is entitled to serve under the
Electric Supplier Act may be served from any line, lines or other
facilities located without the corporate limits of a municipality unless
waiver to serve such a customer is given in writing by the electric
supplier; (3) lease any public utility owned by the municipality to any
corporation organized under the laws of this state for the purpose of
operating that public utility, for a period not longer than 20 years; (4)
fix the rates and charges for the product sold and the services rendered by
any such public utility; and (5) make all needful rules and regulations in
relation thereto.
However, no municipality shall acquire or operate a public utility for
or in connection with the transportation of persons under the provisions of
this Division 117 if there is operating in such municipality any other
publicly or privately owned public utility that provides such a service;
and no municipality located within or partly within a county having 400,000
or more inhabitants may acquire by eminent domain any land or right of way
for any electrical power line or substation outside of its corporate
limits.
(Source: P.A. 77-2465.)
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65 ILCS 5/11-117-1.1
(65 ILCS 5/11-117-1.1)
Sec. 11-117-1.1.
Service area agreement with electric cooperative.
(a) The General Assembly declares it to be in the public interest that a
municipality and an electric cooperative (as defined in the Electric Supplier
Act) may voluntarily enter into an agreement defining the geographic areas in
which each party shall provide retail electric service, and, if agreed, such
service may be exclusive. This authority is in the public interest for the
following reasons:
(1) To avoid duplication of facilities for the | | production, transmission, sale, delivery, or furnishing of electricity.
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(2) To minimize disputes between (i) municipalities
| | that own and operate a municipal utility for the purpose of providing retail electric service and (ii) electric cooperatives concerning the provision of electric service, since these disputes may result in inconvenience and diminished efficiency in providing electric service to the public.
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(3) To provide for the orderly and controlled growth
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(4) To recognize and protect the investment and
| | commitment of municipalities and electric cooperatives to provide retail electric service within their respective service areas.
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(b) An agreement entered into under this Section may cover geographic areas
both within and without the corporate limits of a municipality.
(c) An agreement entered into under this Section shall be subject to the
approval of the Illinois Commerce Commission. An approved agreement may
be enforced only by a party to the agreement by the filing of a complaint for
interpretation with the Illinois Commerce Commission. The jurisdiction and
authority of the Illinois Commerce Commission over any municipality which owns
and operates a municipal utility for the purpose of providing retail electric
service shall be strictly limited to the approval of the agreement and the
interpretation of the agreement's terms. The Commission shall have no other
jurisdiction over or authority to review or approve the construction of any
project or operations of any municipality which is or may be a party to an
agreement under this Section or joint action agency to which the municipality
may be a member except to the extent now required in connection with the
initiation of proceedings in eminent domain. In a proceeding to approve an
agreement or interpret the terms of an agreement, the agreement shall be
construed consistently with the public policy of this State as set forth in
this Section.
(d) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 88-335.)
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65 ILCS 5/11-117-2
(65 ILCS 5/11-117-2) (from Ch. 24, par. 11-117-2)
Sec. 11-117-2.
The term "public utility," when used in this Division 117,
means and includes any plant, equipment, or property, and any franchise,
license, or permit, used or to be used (1) for or in connection with the
transportation of persons or property, or the conveyance of telegraph or
telephone messages; or (2) for the production, storage, transmission, sale,
delivery, or furnishing of cold, heat, light, power, water, or for the
conveyance of oil or gas by pipe lines; or (3) for the storage or
warehousing of goods; or (4) for the conduct of the business of a
wharfinger.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-117-3
(65 ILCS 5/11-117-3) (from Ch. 24, par. 11-117-3)
Sec. 11-117-3.
No municipality shall proceed to acquire or construct
any public utility under the provisions of this Division 117 until an
ordinance of the corporate authorities providing therefor has been duly
passed. This ordinance shall set forth the action proposed, shall
describe the plant, equipment, and property proposed to be acquired or
constructed, and shall provide for the issuance of bonds, mortgage
certificates, or special assessment bonds, as authorized in this
Division 117.
This ordinance shall not become effective until the question of its
adoption is submitted to a referendum vote of the electors of the
municipality. The municipal clerk shall certify the question for submission
to the vote of the electors of the
municipality upon an initiating ordinance adopted by the corporate authorities.
The question
shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the ordinance (stating YES the nature of the proposed - - - - - - - - - - - - - - - - - - - - - - - - - - -
ordinance) be adopted? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors voting on the question of the adoption
of the proposed ordinance vote in favor thereof, the ordinance shall
thereupon become a valid and binding ordinance of the municipality.
Prior to the referendum upon this ordinance, the municipal clerk shall
have the ordinance published at least once 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. This publication shall be not more than 30 nor less than
15 days in advance of the election.
(Source: P.A. 81-1489 .)
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65 ILCS 5/11-117-4
(65 ILCS 5/11-117-4) (from Ch. 24, par. 11-117-4)
Sec. 11-117-4.
No municipality shall proceed to operate for hire any public
utility for the use or benefit of private consumers or users, or charge for
such consumption or use, unless the proposition to operate has first been
submitted to the electors of the municipality as a separate proposition and
approved by a majority of those voting thereon. The proposition shall be
submitted in accordance with the provisions of Section 11-117-3. But any
municipality, without such submission and approval, may sell for heat,
light or power within or without the corporate limits of the municipality,
electricity generated in any electric lighting plant owned and operated by
the municipality for the municipality's own use. Also any municipality,
without such submission and approval, may sell water within and outside the
corporate limits of the municipality from any water plant owned and
operated by the municipality, and for this purpose shall have power to
acquire by agreement, purchase or condemnation, rights of way not more than
35 miles beyond its corporate limits in the streets, alleys or other public
ways of any city, village or incorporated town or in unincorporated
territory, even though such city, village or incorporated town or
unincorporated territory to be served is not contiguous to the
municipality, convenient and necessary for this purpose and to lay mains
and construct and operate pumping stations, reservoirs and other necessary
appurtenances therein. Provided, further, that where such municipality has
laid mains and constructed and operated pumping stations, reservoirs and
other necessary appurtenances, it may enter into contracts at a higher
water rate than the existing metered rate for like consumers within the
municipality, to allow the municipality to obtain a fair return to cover
the cost of financing, constructing, operating and maintaining the improved
facilities, and in the event such rates are not agreed upon by the parties,
such rates shall be fixed and determined by the circuit court of the county
in which the municipality which has financed, constructed, operated and
maintained the improved facilities is located; but this proviso shall not
impair the right of a municipal corporation to obtain water at the existing
metered rate for like consumers as is provided in Section 26 of "An Act to
create sanitary districts and to remove obstructions in the Des Plaines and
Illinois Rivers", approved May 29, 1889, as heretofore and hereafter
amended.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-117-5
(65 ILCS 5/11-117-5) (from Ch. 24, par. 11-117-5)
Sec. 11-117-5.
No ordinance authorizing the lease of any public utility
owned by a municipality for a longer period than 5 years, nor any ordinance
renewing any such lease, shall go into effect until the expiration of 30
days after its passage. The publication of the ordinance shall be accompanied
by a notice of (1) the specific number of voters required to sign a petition
requesting the question of authorizing the lease or renewing the lease of
a public utility owned by a municipality for more than 5 years to be submitted
to the electors; (2) the time in which such petition must be filed; and
(3) the date of the prospective referendum. The municipal clerk shall provide
a petition form to any individual requesting one. If, within this 30 days,
there is filed with the municipal clerk of the municipality a petition
signed by electors of the municipality equal in number to 10% or more of
the number of registered voters in the municipality, asking that the
ordinance be submitted to popular vote, then the ordinance
shall not go into effect unless the question of its adoption is first
submitted to the electors of the municipality and approved by a majority of
those voting thereon. The question shall be submitted in accordance with
the provisions of Section 11-117-3.
(Source: P.A. 87-767.)
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65 ILCS 5/11-117-6
(65 ILCS 5/11-117-6) (from Ch. 24, par. 11-117-6)
Sec. 11-117-6.
(a) Any municipality may incorporate in any grant to a
public
utility company reservation of the right on the part of the municipality to
take over all or any part of the property, plant, or equipment used in the
operation of that public utility company, at or before the expiration of
the grant, upon such terms and conditions as may be provided in the grant.
Any municipality also may provide in any such grant that if such a reserved
right is not exercised by the municipality, and if the municipality grants
the right to another person to operate a utility in the streets and parts
of streets occupied by its grantee under the former grant, the new grantee
shall purchase and take over the property located in those streets and
parts of streets upon the terms which the municipality might have taken it
over.
(b) Except as provided in Sections 11-117-1.1 and 11-117-7.1, any
municipality that owns or operates a municipal electric utility shall have the
exclusive right to provide electric service to all customers within its
municipal limits and to customers at metered locations outside its municipal
limits that it is serving on the effective date of this amendatory Act of 1996.
However, an investor-owned public utility providing electric service to
customers at metered locations within the municipal limits on the effective
date of this amendatory Act of 1996 or to customers at metered locations that
are annexed by the municipality after the effective date of this amendatory Act
of 1996 may continue to provide service to those residential customers at such
metered locations and
shall
continue to provide service to those nonresidential customers at such metered
locations within
the
municipal limits on the effective date of this amendatory Act of 1996.
In addition, an investor-owned public utility providing electric service to
nonresidential customers at metered locations in areas annexed after the
effective date of this amendatory Act of 1996 shall continue to provide service
to those nonresidential customers at such metered locations for a period of 2
years after the date of
annexation.
After the 2-year period,
the
investor-owned public utility may continue to provide service to those
nonresidential customers. At any time during this 2-year period the
nonresidential customer may apply for service from a municipal utility
and the
investor-owned public utility shall promptly and consistent with
prudent utility practice facilitate such transfer to be effective as soon as
practicable upon the expiration of the 2-year period.
(c) A municipality that owns or operates a municipal natural gas utility
shall have the exclusive right to provide natural gas service to all customers
at metered locations that it is serving on the effective date of this
amendatory Act of 1996, whether those customers are within the municipal limits
of the municipality or at metered locations outside the municipal limits.
However, an investor-owned public utility providing natural gas service to
customers at metered locations within the municipal limits on the effective
date of this amendatory Act of 1996 or to customers at metered locations that
are annexed by the municipality after the effective date of this amendatory Act
of 1996 may continue to provide service to those customers.
(d) Notwithstanding subsections (b) and (c) of this Section, any
municipality may enter into an agreement with or grant a franchise to any
public utility defining the geographic areas in which each party, as between
themselves, may provide retail utility services, and the agreement or
franchise may provide for exclusive or non-exclusive service territories, or
both,
for the parties. An agreement entered into under this Section may cover
geographic areas both within and outside the corporate limits of a
municipality. Any agreement entered into under this subsection which provides
for exclusive service territories shall be subject to approval by the Illinois
Commerce Commission. The Illinois Commerce Commission's jurisdiction and
authority over municipalities under this subsection shall be strictly limited
to the approval of the agreement. Nothing in this subsection (d) shall be
construed to give a municipality the authority to grant to a public utility the
right to provide utility service in areas other than those for which the public
utility holds a certificate of public convenience and necessity from the
Illinois Commerce Commission.
(e) Any dispute between a municipality and a public utility regarding retail
utility services to a customer and any dispute regarding enforcement or
interpretation of any agreement entered into or franchise granted under this
Section shall be brought in the circuit court of the County in which the
municipality is located, and the circuit courts of this State shall have the
jurisdiction and authority to determine the rights of the parties in those
matters.
(f) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 89-523, eff. 7-19-96.)
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65 ILCS 5/11-117-7
(65 ILCS 5/11-117-7) (from Ch. 24, par. 11-117-7)
Sec. 11-117-7.
Any municipality may acquire any public utility or any part
thereof, authorized or operating in the municipality under a license,
permit, or franchise, or operating in the municipality without any license,
permit, or franchise, by any agreement with the public utility, or it may
proceed to procure the condemnation of the same in the manner provided by
law for the taking and condemning of private property for public use.
(Source: Laws 1961, p. 576.)
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