(65 ILCS 5/11-76.1-3) (from Ch. 24, par. 11-76.1-3)
Sec. 11-76.1-3.
After the ordinance providing for the lease or purchase
of real or personal property has been passed, it shall be published at
least twice within 30 days after its passage 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. In municipalities with less than 500 population in which no
newspaper is published, publication may instead be made by posting a notice
in 3 prominent places within the municipality. The ordinance shall not
become effective until 30 days after its second publication.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
Sec. 11-76.1-4.
Whenever a petition signed by the electors of any
specified municipality equal in number to 10% or more of the total number
of registered voters in the municipality, is filed
with the municipal clerk of any such municipality which has
adopted an ordinance pursuant to the powers granted in Section 11-76.1-1
of this Code, and such petition has been filed with the clerk of the
municipality within 30 days of the second publication of the notice
required in Section 11-76.1-3 of this Code which notice shall include (1)
the specific number of voters required to sign the petition; (2) the time
in which the petition must be filed; and (3) the date of the prospective
referendum, the corporate authorities
shall order the submission of the question to the
municipal electors and designate the election at which the
question shall be submitted. The municipal clerk shall certify the question
to the proper election authority. The municipal clerk shall provide
a petition form to any individual requesting one.
The proposition shall be substantially in the following form:
Shall the ordinance passed by the city council (or board of YES trustees, etc.) of (name of municipality) on (insert date),
entitled ............., which provides (stating the nature of the proposed ordinance), become NO effective?
If a majority of the votes cast on the questions are in favor of the
proposition, the corporate authorities shall have the authority granted
to them by Section 11-76.1-1.
This amendatory Act of 1975 is not a limit on any municipality which
is a home rule unit.
(Source: P.A. 91-357, eff. 7-29-99 .)
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(65 ILCS 5/Art. 11 Div. 76.2 heading) DIVISION 76.2.
EXCHANGE OF REAL ESTATE
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(65 ILCS 5/11-76.2-1) (from Ch. 24, par. 11-76.2-1)
Sec. 11-76.2-1.
A public hearing on a proposal to exchange real estate
shall be held, pursuant to a 3/4 vote of the members of the corporate authorities
of a municipality then holding office. No exchange of real estate shall
be made unless such a public hearing is held prior to the agreement being entered into.
(Source: P.A. 81-858.)
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(65 ILCS 5/11-76.2-2) (from Ch. 24, par. 11-76.2-2)
Sec. 11-76.2-2.
Upon action being duly adopted pursuant to Section 11-76.2-1
above, a public hearing shall be held by the corporate authorities at a
time and place to be designated by them upon such proposal, pursuant to
notice of public hearing duly published in a newspaper of general circulation
published in said municipality or if no such newspaper
is so published then in a newspaper published in the county in which said
municipality is wholly or partially situated that has a general circulation
in said municipality. Said notice shall be so published not less than 15
days nor more than 30 days prior to the date of the hearing; and shall set
forth a legal description of the property or properties to be so exchanged,
as well as the property or properties that the municipality is to receive
through such exchange, and the proposed terms and conditions otherwise of such exchange.
(Source: P.A. 81-858.)
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(65 ILCS 5/11-76.2-3) (from Ch. 24, par. 11-76.2-3)
Sec. 11-76.2-3.
After the conclusion of said public hearing, the corporate
authorities of the municipality may by a 3/4 vote of the corporate authorities
then holding office authorize the exchange as proposed, or as modified as
they may find desirable after the holding of the hearing.
In case an exchange is so authorized, the authorization shall be by ordinance,
wherein findings shall be made as follows: (1) that the premises to be conveyed
by the municipality under such exchange, in the opinion of the city council
or board of trustees are no longer needed by the municipality for the public
interest; (2) that the premises to be received by the municipality under
such exchange will prove useful to the municipality and will be for the
public interest; and (3) that the total value of the substitutional premises
is approximately equal to or exceeds the value of the premises for which
same are being exchanged, as determined by the corporate authorities, taking
into consideration the long term best interest of the public.
(Source: P.A. 81-858.)
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(65 ILCS 5/11-76.2-4) (from Ch. 24, par. 11-76.2-4)
Sec. 11-76.2-4.
When the ordinance has been adopted, an exchange agreement
entered into and consideration
secured, as provided under such authorized exchange, the mayor or president,
and the municipal clerk, may convey the real estate to be given by the municipality
under such exchange and transfer same, by proper deed of conveyance, stating
therein the consideration therefor, with the seal of the municipality.
(Source: P.A. 81-858.)
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(65 ILCS 5/Art. 11 Div. 77 heading) DIVISION 77.
LEASES WITH STATE AND FEDERAL
GOVERNMENTS
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(65 ILCS 5/11-77-1) (from Ch. 24, par. 11-77-1)
Sec. 11-77-1.
The corporate authorities in every municipality, incorporated
under any law of this state, have the power, by ordinance:
(1) To convey, grant, transfer, or sell to the United | ||
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(2) To lease from the United States of America, or | ||
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(3) To pay for the use of this leased property in | ||
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(4) To authorize any municipal official to enter into | ||
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Such a lease may be entered into without making a | ||
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(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-77-2) (from Ch. 24, par. 11-77-2)
Sec. 11-77-2.
The corporate authorities of each municipality may donate,
sell, lease, or convey any land heretofore acquired to the State
or any
agency thereof, to be used as a site for an armory for the National Guard
or Naval Militia, and to acquire land for these purposes. No municipality,
however, shall have any power to divert any gift, grant or legacy from the
specific purpose designated by any donor.
(Source: P.A. 83-388.)
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(65 ILCS 5/Art. 11 Div. 78 heading) DIVISION 78.
LEASING PROPERTY FOR SCHOOL
PURPOSES
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(65 ILCS 5/11-78-1) (from Ch. 24, par. 11-78-1)
Sec. 11-78-1.
Any city or village, whether incorporated under a general or
special law, which holds any real or personal estate which has been
conveyed to it for school or academy purposes by ordinance or resolution of
the corporate authorities may convey that real or personal estate to the
school officers, authorized to hold it, for the use of the school district
in which the real or personal estate is situated, by proper deeds of
conveyance executed by the proper officers of the municipality, under the
corporate seal thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-78-2) (from Ch. 24, par. 11-78-2)
Sec. 11-78-2.
If any real estate conveyed by virtue of Section 11-78-1
ceases at any time to be used for school purposes for a period of 3 years,
the school officers, holding the title to the real estate, shall convey the
real estate back to the grantor municipality to be by it thereafterwards
held, enjoyed, and disposed of as other corporate property. A provision
expressing this condition shall be inserted in every deed made by a
municipality under Section 11-78-1. Such a reconveyance may be compelled
and enforced by any taxpayer of the grantor municipality by proper
proceedings to be instituted by him for that purpose.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-78-3) (from Ch. 24, par. 11-78-3)
Sec. 11-78-3.
If real or personal estate is under the control of trustees,
appointed or elected by virtue of any general or special law of this state,
when it is conveyed as specified in Section 11-78-1, the duties of those
trustees in relation thereto shall cease, and they shall immediately settle
and adjust all matters relating to the trust estate and make a report to
the proper authority of their acts. Upon the approval of this report the
trustees shall be released and discharged from the further performance of
duty in that behalf. All money which may remain in the municipal treasury
to the credit of any fund connected with the use of such real or personal
estate, while so held by the municipality, shall be used by the
municipality for any lawful corporate purpose.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-78-4) (from Ch. 24, par. 11-78-4)
Sec. 11-78-4.
When authorized by ordinance, any municipality incorporated
under a special charter, holding title to or having an interest in any real
estate, may sell and convey the real estate, or the municipality's interest
therein, to the trustee of the schools of the township or other county
board of school trustees as the case may be in which the real estate is
situated, to be used as a school site for the school district in which the
real estate is situated. The conveyance shall be made by a proper deed or
conveyance, executed by the corporate authorities of the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 79 heading) DIVISION 79.
PUBLIC BUILDING COMMISSION LEASES
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(65 ILCS 5/11-79-1) (from Ch. 24, par. 11-79-1)
Sec. 11-79-1.
In addition to all the rights and powers conferred on any
municipality under this Code or any other Acts to acquire, under lease or
otherwise, any real or personal property for corporate purposes, the
corporate authorities in every municipality, incorporated under any law of
this state, have the power by ordinance:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955, as
heretofore and hereafter amended, any real or personal property for any
of its corporate purposes, for any period of time not exceeding 20 years.
(2) To pay for the use of the leased property in accordance with the
terms of the lease and with the provisions of the Public Building
Commission Act, approved July 5, 1955, as heretofore and hereafter amended.
(3) Such lease may be entered into without making a previous
appropriation for the expense thereby incurred, notwithstanding the
provisions contained in Sections 8-1-6, 8-1-7 and 8-2-1 through 8-2-8.
However, if the corporate authorities of any municipality undertake to pay
all or any part of the costs of operating and maintaining the property of a
public building commission as authorized in subsection (4) of this section,
such expenses of operation and maintenance shall be included in the annual
appropriation ordinance of such municipality annually during the term of
such undertaking.
(4) In addition, the corporate authorities in every municipality may
undertake, either in the lease with a public building commission or by
separate agreement or contract with a public building commission, to pay
all or any part of the costs of maintaining and operating the property of a
public building commission for any period of time not exceeding 20 years.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 80 heading)
STREETS AND PUBLIC WAYS
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(65 ILCS 5/Art. 11 Div. 80 heading) DIVISION 80.
GENERAL POWERS OVER
STREETS AND PUBLIC WAYS
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(65 ILCS 5/11-80-1) (from Ch. 24, par. 11-80-1)
Sec. 11-80-1.
All provisions of this Code relating to the control of streets,
alleys, sidewalks and all other public ways are subject to the provisions
of "The Illinois Vehicle Code", as now and hereafter
amended, and the Illinois Highway Code, as now and hereafter amended.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-80-2) (from Ch. 24, par. 11-80-2)
Sec. 11-80-2.
The corporate authorities of each municipality may regulate
the use of the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-2a) (from Ch. 24, par. 11-80-2a)
Sec. 11-80-2a.
In areas zoned for residential use, the corporate authorities
may restrict part of each street for "residents parking only".
(Source: P.A. 79-545.)
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(65 ILCS 5/11-80-3) (from Ch. 24, par. 11-80-3)
Sec. 11-80-3.
The corporate authorities of each municipality may prevent
and remove encroachments or obstructions upon the streets and other
municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-80-4) (from Ch. 24, par. 11-80-4)
Sec. 11-80-4.
The corporate authorities of each municipality may provide
for the lighting of streets and other municipal property.
(Source: Laws 1961, p. 576.)
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