(65 ILCS 5/Art. 11 Div. 99 heading) DIVISION 99.
PARKS AND BOULEVARDS IN CITIES FROM 5,000 TO 100,000
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(65 ILCS 5/11-99-1) (from Ch. 24, par. 11-99-1)
Sec. 11-99-1.
Subject to the provisions of Section 11-99-3, the city council in
every city with a population of not less than 5,000 nor more than
100,000, whether incorporated under the general law or special charter,
has the power, by ordinance, to levy annually a tax not to exceed .03%
of the value, as equalized or assessed by the Department of Revenue,
of the taxable property within the corporate limits
of the city for the current year. This tax shall be levied and collected
in the same manner as the other general taxes for that city are levied
and collected. When collected, the money from this tax shall be placed
in a separate fund to be used only for the purpose of purchasing land
for parks and boulevards in and around the city, and for the purpose of
opening, improving, and maintaining these parks and boulevards. This
annual park and boulevard tax shall be levied in addition to taxes for
general purposes authorized by Section 8-3-1 and in addition to the
taxes as limited by any provision of any special charter under which the
city is now incorporated.
An amount not to exceed 20% of this special fund may be expended for
the purpose of providing music in city-owned parks during the months of
May, June, July, August, and September in each year.
The foregoing limitation 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 5/11-99-2) (from Ch. 24, par. 11-99-2)
Sec. 11-99-2.
Where a boulevard and park association incorporated under the
general law is doing the work provided for under Section 11-99-1, the
proceeds of the specified tax may be transferred to that association for
the purposes specified in that section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-99-3) (from Ch. 24, par. 11-99-3)
Sec. 11-99-3.
No city is authorized to levy or collect the tax
provided for by Section 11-99-1 until the question of that levy has been
certified by the clerk and
submitted to the electors of the city at an election in accordance with
the general election law
and authorized by a majority of the votes cast on the question.
However, in any city whose electors have authorized the levy of a tax
under "An Act to provide for the assessment and collection of a general
tax by cities for parks and boulevard purposes," approved June 17, 1893,
as amended, that tax may be continued to be levied under Sections
11-99-1 through 11-99-3 without submitting the question of its levy to
the electors for approval.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 100 heading) DIVISION 100.
PARKS IN CITIES OF LESS THAN
15,000 INHABITANTS
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(65 ILCS 5/11-100-1) (from Ch. 24, par. 11-100-1)
Sec. 11-100-1.
Every city with a population not exceeding 15,000 has
the power to acquire by purchase, or otherwise, land in or within 4
miles of the corporate limits of the city for the purpose of providing
public parks for the use of the city's inhabitants. It may enclose,
improve, and maintain such a public park and regulate its use by
ordinance. However, no money shall be expended for the purchase of any
land for the designated purpose until the question whether the money
shall be so expended has been certified by the clerk and submitted to
a vote of the electors of the
city at an election in accordance with the general election law, and
has received the approval of a majority
of the votes cast on the question.
But any city whose electors have approved the question of the
expenditure of money for the purchase of land for the designated purpose
under "An Act to enable certain cities to provide and maintain public
parks for the use of the inhabitants thereof," approved April 24, 1899,
as amended, may continue to expend money for the designated purpose
without submitting the question to the electors for approval under
Sections 11-100-1 and 11-100-2.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-100-2) (from Ch. 24, par. 11-100-2)
Sec. 11-100-2.
A city specified in Section 11-100-1 may borrow money and
levy and collect a general tax for the purpose of providing public parks
for the use of the city's inhabitants or for the purpose of enclosing,
improving, and maintaining them in the same manner as for the purpose of
purchasing and maintaining water works under the laws of this state. It may
appropriate money for these purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 101 heading)
AIRPORTS
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(65 ILCS 5/Art. 11 Div. 101 heading) DIVISION 101.
AIRPORTS - GENERAL AUTHORITY
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(65 ILCS 5/11-101-1) (from Ch. 24, par. 11-101-1)
Sec. 11-101-1.
The corporate authorities of each municipality may establish
and maintain public airports either within or without the corporate limits
of the municipality and provide for the safe approach thereto and take-off
therefrom by aircraft; may construct, reconstruct, expand and improve
landing fields, landing strips, hangars, terminal buildings and other
structures and may provide any terminal facilities for such airports; may
acquire by gift, grant, lease, purchase, condemnation or otherwise any
private property or property devoted to any public use or rights or
easements therein for any of the purposes specified in this section; may
contract for the removal or relocation of all buildings, railways, mains,
pipes, conduits, wires, poles, and all other structures, facilities and
equipment which may interfere with the location, expansion or improvement
of any public airport, or with the safe approach thereto or takeoff
therefrom by aircraft, and may assume any obligation and pay any expense
incidental thereto; may operate any public airport and may charge and
collect rents, rates or other compensation for any use thereof or for any
service rendered by the municipality in the operation thereof, provided
that, subject to the capacity thereof, the landing field and landing strips
shall be available to any person, without unjust or unreasonable
discrimination as to services and charges, for landing and take-off by any
aircraft; may let to, or enter into any operating agreement with, any
person for operation and maintenance of any public airport, but all such
leases and operating agreements shall provide that, subject to the capacity
thereof, the landing field and landing strips shall be available to any
person, without unjust or unreasonable discrimination as to services and
charges, for landing and take-off by any air craft; may let to any person,
or grant concessions or privileges in, any land adjoining the landing field
or any building or structure on such land for the shelter, servicing,
manufacturing and repair of aircraft, aircraft parts and accessories, for
receiving and discharging passengers and cargo, and for the accommodation
of the public at such airport; may regulate the use of such airports, the
navigation of aircraft over such airports and the approach of aircraft and
their take-off from such airports. This section is subject to the
provisions of the Illinois Aeronautics Act, as heretofore and hereafter
amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-101-2) (from Ch. 24, par. 11-101-2)
Sec. 11-101-2.
Whenever the corporate authorities of any municipality have
established an airport outside the corporate limits of the municipality
and have determined that it is essential to the proper and safe construction
and maintenance of such airport to vacate any roads, highways, streets,
alleys, or parts thereof in unincorporated territory lying within the airport
area or any enlargement thereof, and have determined that the public interest
will be subserved by such vacation, they may vacate such roads, highways,
streets, alleys, or parts thereof, by an ordinance. Provided however, that
such municipality shall have first acquired the land on both sides of such
roads, highways, streets, alleys, or parts thereof; provided, also, that
in the case of a road, highway, street or alley or part thereof, under the
jurisdiction of the Department of Transportation, the consent of the Department
shall be obtained before the ordinance shall become effective. Such ordinance
shall be passed by the affirmative vote of at least 3/4
of all alderpersons, trustees or
commissioners authorized by
law to be elected. Such vacation shall be effective upon passage of the
ordinance and recording of a certified copy thereof with the recorder of
the county within which the roads, highways, streets, alleys,
or parts thereof are situated.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/11-101-3) Sec. 11-101-3. Noise mitigation; air quality. (a) A municipality that has implemented a Residential Sound Insulation Program to mitigate aircraft noise shall perform indoor air quality monitoring and laboratory analysis of windows and doors installed pursuant to the Residential Sound Insulation Program to determine whether there are any adverse health impacts associated with off-gassing from such windows and doors. Such monitoring and analysis shall be consistent with applicable professional and industry standards. The municipality shall make any final reports resulting from such monitoring and analysis available to the public on the municipality's website. The municipality shall develop a science-based mitigation plan to address significant health-related impacts, if any, associated with such windows and doors as determined by the results of the monitoring and analysis. In a municipality that has implemented a Residential Sound Insulation Program to mitigate aircraft noise, if requested by the homeowner pursuant to a process established by the municipality, which process shall include, at a minimum, notification in a newspaper of general circulation and a mailer sent to every address identified as a recipient of windows and doors installed under the Residential Sound Insulation Program, the municipality shall replace all windows and doors installed under the Residential Sound Insulation Program in such homes where one or more windows or doors have been found to have caused offensive odors. Subject to appropriation, the municipality shall replace windows and doors in at least 750 residences a year. Residents who altered or modified a replacement window or accepted a replacement screen for the window shall not be disqualified from compensation or future services. Only those homeowners who request that the municipality perform an odor inspection as prescribed by the process established by the municipality within 6 months of notification being published and mailers being sent shall be eligible for odorous window and odorous door replacement. Residents who are eligible to receive replacement windows shall be allowed to choose the color and type of replacement window. For purposes of aiding in the selection of such replacement windows, a showcase and display of available replacement window types shall be established and located at Chicago Midway International Airport. Homes that have been identified by the municipality as having odorous windows or doors are not required to make said request to the municipality. The right to make a claim for replacement and have it considered pursuant to this Section shall not be affected by the fact of odor-related claims made or odor-related products received pursuant to the Residential Sound Insulation Program prior to June 5, 2019 (the effective date of this Section). The municipality shall also perform in-home air quality testing in residences in which windows and doors are replaced under this Section. In order to receive in-home air quality testing, a homeowner must request such testing from the municipality, and the total number of homes tested in any given year shall not exceed 25% of the total number of homes in which windows and doors were replaced under this Section in the prior calendar year. (b) An advisory committee shall be formed, composed of the following: (i) 2 members of the municipality who reside in homes that have received windows or doors pursuant to the Residential Sound Insulation Program and have been identified by the municipality as having odorous windows or doors, appointed by the Secretary of Transportation; (ii) one employee of the Aeronautics Division of the Department of Transportation; (iii) 2 employees of the municipality that implemented the Residential Sound Insulation Program in question; and (iv) 2 members appointed by the Speaker of the House of Representatives, 2 members appointed by the President of the Senate, one member appointed by the Minority
Leader of the House of Representatives, and one member appointed
by the Minority Leader of the Senate. The advisory committee shall determine by majority vote which homes contain windows or doors that cause offensive odors and thus are eligible for replacement, shall promulgate a list of such homes, and shall develop recommendations as to the order in which homes are to receive window replacement. The recommendations shall include reasonable and objective criteria for determining which windows or doors are odorous, consideration of the date of odor confirmation for prioritization, severity of odor, geography and individual hardship, and shall provide such recommendations to the municipality. The advisory committee shall develop a process in which homeowners can demonstrate extreme hardship. As used in this subsection, "extreme hardship" means: liquid infiltration of the window or door; health and medical condition of the resident; and residents with sensitivities related to smell. At least 10% of the homes receiving a replacement in a year shall be homes that have demonstrated extreme hardship. The advisory committee shall compile a report demonstrating: (i) the number of homes in line to receive a replacement; (ii) the number of homes that received replacement windows or doors, or both; (iii) the number of homes that received financial compensation instead of a replacement; and (iv) the number of homes with confirmed mechanical issues. Until December 31, 2022, the report shall be compiled monthly, after December 31, 2022, the report shall be complied quarterly. The advisory committee shall accept all public questions and furnish a written response within 2 business days. The advisory committee shall comply with the requirements of the Open Meetings Act. The Chicago Department of Aviation shall provide administrative support to the committee. The municipality shall consider the recommendations of the committee but shall retain final decision-making authority over replacement of windows and doors installed under the Residential Sound Insulation Program, and shall comply with all federal, State, and local laws involving procurement. A municipality administering claims pursuant to this Section shall provide to every address identified as having submitted a valid claim under this Section a quarterly report setting forth the municipality's activities undertaken pursuant to this Section for that quarter. However, the municipality shall replace windows and doors pursuant to this Section only if, and to the extent, grants are distributed to, and received by, the municipality from the Sound-Reducing Windows and Doors Replacement Fund for the costs associated with the replacement of sound-reducing windows and doors installed under the Residential Sound Insulation Program pursuant to Section 6z-20.1 of the State Finance Act. In addition, the municipality shall revise its specifications for procurement of windows for the Residential Sound Insulation Program to address potential off-gassing from such windows in future phases of the program. A municipality subject to the Section shall not legislate or otherwise regulate with regard to indoor air quality monitoring, laboratory analysis or replacement requirements, except as provided in this Section, but the foregoing restriction shall not limit said municipality's taxing power. (c) A home rule unit may not regulate indoor air quality monitoring and laboratory analysis, and related mitigation and mitigation plans, in a manner inconsistent with this Section. This Section is a limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (d) This Section shall not be construed to create a private right of action.
(Source: P.A. 102-558, eff. 8-20-21; 102-678, eff. 12-10-21; 103-200, eff. 6-30-23.) |
(65 ILCS 5/Art. 11 Div. 102 heading) DIVISION 102.
AIRPORTS FOR MUNICIPALITIES OF
500,000 OR MORE
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(65 ILCS 5/11-102-1) (from Ch. 24, par. 11-102-1)
Sec. 11-102-1.
Every municipality with a population of 500,000 or more may
establish and maintain public airports, upon (1) any land either within or
outside the corporate limits of the municipality, (2) any public waters of
the State of Illinois within the limits or jurisdiction of or bordering on
the municipality, (3) any submerged land under such public waters, and (4)
any artificial or reclaimed land which before the artificial making or
reclamation thereof constituted a portion of the submerged land under such
public waters.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
Sec. 11-102-2.
Every municipality specified in Section 11-102-1 may purchase,
construct, reconstruct, expand and improve landing fields, landing strips,
landing floats, hangars, terminal buildings and other structures relating
thereto and may provide terminal facilities for public airports; may construct,
reconstruct and improve causeways, roadways, and bridges for approaches
to or connections with the landing fields, landing strips and landing floats;
and may construct and maintain breakwaters for the protection of such airports
with a water front. Before any work of construction is commenced in, over
or upon any public waters of the state, the plans and specifications therefor
shall be submitted to and approved by the Department of Transportation of the
state.
Submission to and approval by the Department of Transportation is not
required for any work or construction undertaken as part of the O'Hare
Modernization Program as defined in Section 10 of the O'Hare Modernization
Act.
(Source: P.A. 100-201, eff. 8-18-17.)
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(65 ILCS 5/11-102-3) (from Ch. 24, par. 11-102-3)
Sec. 11-102-3.
Every specified municipality may use, occupy, and reclaim
submerged land under the public waters of the state within the limits or
jurisdiction of or bordering upon the municipality as may be necessary or
appropriate in the exercise of the powers under Sections 11-102-1 and
11-102-2. The power granted by this section is superior to and takes
precedence over any power to reclaim such land heretofore granted to any
person which has not been exercised at the time when the municipality, by
ordinance as to such land therein particularly described, determines to
exercise the power granted by this section.
(Source: Laws 1961, p. 576.)
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