(65 ILCS 5/11-95-11) (from Ch. 24, par. 11-95-11)
Sec. 11-95-11.
Whenever the greater portion of the area of a city, village or
incorporated town lies within the boundaries of a single Park District,
and the population of such city, village or incorporated town
constitutes a majority of the population of the Park District, and the
city, village or incorporated town levies and collects a tax for
recreation purposes, the functions of the Recreation Commission may be
merged with and relinquished to the Park District in the manner
following: The governing board of the city, village or incorporated town
shall adopt an ordinance by a vote of not less than 2/3 of the members
thereof. The ordinance shall set forth the intent and desire of the
city, village or incorporated town to relinquish and turn over to the
Park District the function of planning, establishing and maintaining the
municipal recreation program within the boundaries of the city, village
or incorporated town and to relinquish any and all powers which it may
have to levy and collect a tax known as "The Recreation Tax". The clerk
of the city, village or incorporated town shall mail a certified copy of
the ordinance to the Park District. If the Park Commissioners of the
Park District see fit, they may adopt an ordinance, by a vote of not
less than 2/3 of the members. This ordinance shall provide that the Park
District assumes the planning, establishing and maintaining of the
municipal recreation program within the boundaries of the city and the
Park District will levy and collect a tax at a rate not to exceed that
levied by the city, village or incorporated town, but that tax may not
exceed .09%, or the rate limit in effect on July 1, 1967, whichever is
greater, of the value as equalized or assessed by the Department of
Revenue, of all taxable property in such District for
the purpose of planning, establishing and maintaining recreational
programs, such programs to include playgrounds, community and recreation
centers.
Six months from the date of the adoption of the Ordinance by the Park
District, the District shall assume the functions previously performed
by the city, village or incorporated town through its recreation
commission, or other board or commission designated by the city, village
or incorporated town. Thereafter the Park District may levy and collect
a tax of not to exceed that rate previously levied by the city, village
or incorporated town for recreation purposes, but the rate of tax may
not exceed .09%, or the rate limit in effect on July 1, 1967, whichever
is greater, of the value as equalized or assessed by the Department of
Revenue, of all taxable property in such district for
the purpose of planning, establishing and maintaining recreation
programs, such programs to include playgrounds, community and recreation
centers and which tax shall be levied and collected in like manner as
the general taxes for the District. The foregoing limitations upon tax
rates may be increased or decreased under the referendum provisions of
the General Revenue Law of the State of Illinois. The tax to be levied
under this Section shall be in addition to all other taxes authorized by
law to be levied and collected in such district and shall not be
included within any limitation of rate contained in this Code or any
other law, but shall be excluded therefrom and be in addition thereto
and in excess thereof. Whenever the tax levied under this Section shall
be levied in addition to the tax levied under Section 5-2 of "The Park
District Code", the tax levied under this Section shall be levied and
extended only upon that property located within the boundaries of the
city, village or incorporated town, which lies within the boundaries of
the park district.
Six months from date of adoption of the ordinance by the District,
the city, village or incorporated town shall turn over to the Park
District any and all funds and tax monies in its possession on that
date, received by it from the "Recreation Tax". From time to time
thereafter, the city, village or incorporated town shall turn over to
the Park District all such recreation funds and tax monies as received
from levies adopted prior to the effective date of the merger. The funds
shall be paid to the treasurer of the Park District and kept in a fund
known as the "Recreational Program Fund."
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-95-12) (from Ch. 24, par. 11-95-12)
Sec. 11-95-12.
Whenever a Park District contains, within the boundaries of the
district, the greater portion of the area of a city, village or
incorporated town, and the population of the city, village or
incorporated town constitutes a majority of the population of the Park
District, and the city, village or incorporated town levies and collects
a tax for recreation purposes, the functions of the Recreation
Commission may be merged with, and assumed by, the Park District in the
manner following:
The Park Commissioners shall adopt an ordinance by a vote of not less
than 2/3 of the commissioners. The ordinance shall set forth the intent
of the Park District to assume the planning, establishing and
maintaining of the municipal recreation program within the boundaries of
the Park District, and to levy and collect a tax for such purposes, at a
rate not to exceed that levied by the city, village or incorporated
town, which rate shall not exceed .09%, or the rate limit in effect on
July 1, 1967, whichever is greater, of the value, as equalized or
assessed by the Department of Revenue of all taxable
property in such district. The Secretary of the Park District shall mail
a certified copy of the ordinance to the city, village or incorporated
town. If the governing board of the city, village or incorporated town
sees fit, they may adopt an ordinance, by a vote of not less than 2/3 of
its members. This ordinance shall state that the city, village or
incorporated town relinquishes any and all control and management of the
planning, establishing and maintaining of the municipal recreation
program within its boundaries to the Park District together with
relinquishing its tax levy for recreation purposes.
Six months from the date of adoption of such an ordinance by the
city, village or incorporated town, the Park District shall assume the
functions previously performed by the city, village or incorporated town
through its recreation commission, or other board or commission
designated by the city, village or incorporated town. Thereafter the
Park District may levy and collect a tax of not to exceed that rate
previously levied by the city, village or incorporated town for
recreation purposes, but the rate of the tax may not exceed .05%, or the
rate limit in effect on July 1, 1967, whichever is greater, of the value
as equalized or assessed by the Department of Revenue,
of all taxable property in the district. The tax funds shall be used for
the purpose of planning, establishing and maintaining recreation
programs, such programs to include playgrounds, community and recreation
centers. The tax shall be levied and collected in like manner as the
general taxes for the District. The foregoing limitations upon tax rates
may be increased or decreased under the referendum provisions of the
General Revenue Law of the State of Illinois. The tax to be levied under
this Section shall be in addition to all other taxes authorized by law
to be levied and collected in such district and shall not be included
within any limitation of rate contained in this Code or any other law,
but shall be excluded therefrom and be in addition thereto and in excess
thereof.
Six months from the date of adoption of the ordinance by the city,
village or incorporated town, it shall turn over to the Park District
any and all recreation funds and tax monies in its possession on that
date, received by it from the "Recreation Tax". From time to time
thereafter, the city, village or incorporated town shall turn over to
the Park District all such recreation funds and tax monies received from
levies adopted prior to the effective date of the merger. The funds
shall be paid to the treasurer of the Park District and kept in a fund
to be known as the "Recreational Program Fund".
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-95-13) (from Ch. 24, par. 11-95-13)
Sec. 11-95-13.
The corporate authorities of a municipality specified in Section 11-95-2
and a recreation board specified in Section 11-95-3 are authorized to
establish, maintain and manage recreational programs for persons with disabilities,
including both persons with mental disabilities and persons with physical disabilities, to provide
transportation for persons with disabilities to and from such programs, to provide
for such examination of participants in such programs as may be deemed
necessary, to charge fees for participating in such programs, the fee
charged for non-residents of such municipality need not be the same as the
fees charged the residents of the municipality, and to charge fees for
transportation furnished to participants.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/11-95-14) (from Ch. 24, par. 11-95-14)
Sec. 11-95-14.
The corporate authorities of any 2 or more
municipalities specified in Section 11-95-2 and any 2 or more recreation
boards specified in Section 11-95-3, or any combination thereof, are
authorized to take any action jointly relating to recreational programs
for persons with disabilities that could be taken individually and to enter into
agreements with other such
recreation boards, corporate authorities and park districts or any
combination thereof, for the purpose of providing for the establishment,
maintenance and management of joint recreational programs for persons with disabilities of all the participating districts and municipal areas,
including provisions for transportation of participants, procedures for
approval of budgets, authorization of expenditures and sharing of
expenses, location of recreational areas in the area of any of the
participating districts and municipalities, acquisition of real estate by
gift, legacy, grant, or purchase, employment of a director and
other professional workers for such program who may be employed by one
participating district, municipality or board which shall be reimbursed
on a mutually agreed basis by the other municipalities, districts and
boards that are parties to the joint agreement, authorization for one
municipality, board or district to supply professional workers for a
joint program conducted in another municipality or district and to
provide other requirements for operation of such joint program as may be
desirable. The corporate authorities of any municipality that is a
party to a joint agreement entered into under this Section may levy and
collect a tax, in the manner provided by law for the levy and collection
of other municipal taxes in the municipality but in addition to taxes
for general purposes authorized by Section 8-3-1 or levied as limited by
any provision of a special charter under which the municipality is
incorporated, at not to exceed .04% of the value, as equalized or
assessed by the Department of Revenue, of all taxable
property within the municipality for the purpose of funding that
municipality's share of the expenses for providing the programs under
that joint agreement. However, no tax may be levied pursuant to this
Section in any area in which a tax is levied under Section 5-8 of the Park
District Code.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/Art. 11 Div. 96 heading) DIVISION 96.
JOINT PROPERTY OF
MUNICIPALITIES AND PARK DISTRICTS
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(65 ILCS 5/11-96-1) (from Ch. 24, par. 11-96-1)
Sec. 11-96-1.
The corporate authorities of each municipality may control
the property of the corporation and may provide for joint ownership with
any one or more park districts of real and personal property used for park
purposes by such park district or districts. In case of joint ownership,
the terms of the agreement shall be fair, just and equitable to all parties
and shall be set forth in a written agreement entered into by the corporate
authorities of each participating district and municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-96-5)
Sec. 11-96-5.
Municipal and park district tax.
(a) If property within a municipality also lies within a park district and
the same property is being taxed for park or recreation purposes by both the
municipality and the park district, then the corporate authorities of the
municipality may adopt an ordinance or resolution to pay all or part of the
park district tax
for the property according to subsection (b). If the corporate authorities of
a municipality adopt a resolution or ordinance under this Section, then the
corporate authorities shall certify the action to the county clerk.
(b) Before the county clerk extends the tax levy of the park district, the
corporate authorities of the municipality
may order the municipal treasurer
to pay a specified amount into a special abatement fund held by the county
treasurer.
The county clerk shall then abate the park district tax
extension on the property within the municipality by the amount in the
abatement fund by apportioning the abatement amount for each parcel of property
according to the assessed value as equalized by the board of review and
Department of Revenue. The county treasurer shall then pay the money in the
abatement fund to the park district.
If the amount in the abatement fund is more
than the amount of the current tax levy extended on the property, then the
county treasurer shall return the surplus amount to the municipal treasurer.
(c) For the purposes of the Property Tax Extension Limitation Law,
the amount of the extension abatement shall continue to
be included in the park district's aggregate extension base.
(d) The municipal tax and abatement shall not exceed a period of 10 years.
(Source: P.A. 91-885, eff. 7-6-00.)
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(65 ILCS 5/Art. 11 Div. 97 heading) DIVISION 97.
PLEASURE DRIVEWAYS
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(65 ILCS 5/11-97-1) (from Ch. 24, par. 11-97-1)
Sec. 11-97-1.
The corporate authorities of any municipality, whether
incorporated under the general law or a special charter, may designate by
ordinance the whole or any part of not to exceed 2 streets, roads, avenues,
boulevards, or highways, under their jurisdiction, as public driveways, to
be used for pleasure driving only, and to improve and maintain the same,
and also to lay out, establish, open, alter, widen, extend, grade, pave, or
otherwise improve and maintain not more than 2 roads, streets, or avenues,
and designate them as pleasure driveways to be used for pleasure driving
only. But these powers can only be exercised when the corporate authorities
are petitioned to do so by the owners of more than two-thirds of the
frontage of land fronting upon a proposed pleasure driveway.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-97-2) (from Ch. 24, par. 11-97-2)
Sec. 11-97-2. The corporate authorities of any municipality, whether
incorporated under the general law or a special charter, may lay out,
establish, open, alter, widen, extend, grade, pave, or otherwise improve
and maintain one or more driveways from the corporate limits of the
municipality to parks owned by the municipality outside its corporate
limits. The cost of these driveways may be paid out of any fund in the
municipal treasury, acquired under the authority of law for park purposes.
The corporate authorities may acquire the land necessary for this purpose
by purchase, legacy or gift, or in case the land cannot be so acquired,
they may acquire it by condemnation 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 5/11-97-3) (from Ch. 24, par. 11-97-3)
Sec. 11-97-3.
Pleasure driveways specified in Section 11-97-1 may be laid
out, extended, and improved under the provisions of Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-97-4) (from Ch. 24, par. 11-97-4)
Sec. 11-97-4.
The corporate authorities, by ordinance, may regulate,
restrain, and control the speed of travel upon these pleasure driveways,
may prescribe the kind of vehicles that shall be allowed thereon, and in
all things may regulate, restrain, and control the use of these pleasure
driveways. The corporate authorities may exclude therefrom funeral
processions, hearses, and traffic teams and vehicles, so as to free these
pleasure driveways from all business traffic or objectionable travel and
make them pleasure driveways for pleasure driving only. They may prescribe
in that ordinance such fines or penalties for the violation thereof as they
are allowed by law to prescribe for the violation of other ordinances.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 98 heading) DIVISION 98.
PARKS IN CITIES AND VILLAGES
OF LESS THAN 50,000
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(65 ILCS 5/11-98-1) (from Ch. 24, par. 11-98-1)
Sec. 11-98-1.
The corporate authorities of each city and village with a population of
less than 85,000, whether incorporated under the general law or a
special charter, may purchase, establish, and maintain public parks for
the use and benefit of the inhabitants of the municipality. For that
purpose, the corporate authorities may levy a tax not to exceed .075%,
or the rate limit in effect on September 1, 1967, whichever is greater,
of the value, as equalized or assessed by the Department of Revenue,
annually on all taxable property embraced in the
municipality for the current year. This tax shall be levied and
collected in the manner provided by law for the levy and collection of
other municipal taxes in the municipality.
If the inhabitants of a specified municipality with a population of
500 or more so determine, as provided by Section 11-98-2, this annual
tax may be levied in that municipality in addition to taxes for general
purposes authorized by Section 8-3-1, and in addition to taxes levied as
limited by any provision of a special charter under which the
municipality is now incorporated.
The corporate authorities have the power to lease such a public park
for the purpose of holding county fairs therein.
The foregoing limitations upon tax rates may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-98-2) (from Ch. 24, par. 11-98-2)
Sec. 11-98-2.
In any city or village with a population of 500 or more
but less than 50,000, upon a petition signed by electors of the
municipality equal in number to 1% of the number of votes cast at the
last preceding general municipal election but in no case fewer than 100
electors, the municipal clerk of the municipality shall certify for submission
at an election in accordance with the general election law, a proposition
to levy additional taxes for park purposes as provided by Section 11-98-1.
The proposition shall be in
substantially the following form:
Shall an annual tax of not exceeding .......% on all taxable property within the city (or YES village) be levied in addition to taxes for general purposes as authorized by Section 8-3-1 of the Illinois Municipal Code, NO for the purpose of maintaining a park in the ....?
If a majority of the electors voting upon the proposition vote in
favor thereof, the specified tax shall be levied and collected as
provided by Section 11-98-1.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-98-3) (from Ch. 24, par. 11-98-3)
Sec. 11-98-3.
Any specified municipality which heretofore has authorized or
hereafter may authorize the levy of the tax provided for by Section 11-98-1
or by "An Act to authorize certain cities and villages to establish and
maintain public parks by taxation and to lease the same to county fairs,"
approved May 13, 1907, as amended, at a time when the population of the
municipality was less than 50,000, may continue the levy annually at
one-half of the rate approved by the referendum required under Section 2 of
that Act or at the rate provided under Section 11-98-1, notwithstanding
that after that approval the population of the municipality has increased
to 50,000 or more.
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. 76-1235.)
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(65 ILCS 5/11-98-4) (from Ch. 24, par. 11-98-4)
Sec. 11-98-4.
Any city or village a majority of whose electors voting
thereon have voted in favor of a proposition to levy an additional tax for
park purposes as provided in "An Act to authorize certain cities and
villages to establish and maintain public parks by taxation and to lease
the same to county fairs," approved May 13, 1907, as amended, shall
continue to levy and collect the additional tax thereby approved as
provided by and at the rate authorized in Section 11-98-1 without
submitting the proposition specified in Section 11-98-2 to the electors for
approval.
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. 76-1235.)
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(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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(65 ILCS 5/11-102-4) (from Ch. 24, par. 11-102-4)
Sec. 11-102-4.
Every municipality specified in Section 11-102-1 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 take-off
therefrom by aircraft, and may acquire by gift, grant, lease, purchase,
condemnation or otherwise any private property, public property or property
devoted to any public use or rights or easements therein for any purpose
authorized by this Section and Sections 11-102-1 through 11-102-3.
Nothing in this Section limits the powers of the City of Chicago to acquire
property or otherwise exercise its powers under Section 15 of the O'Hare
Modernization Act.
(Source: P.A. 93-450, eff. 8-6-03.)
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(65 ILCS 5/11-102-4a) (from Ch. 24, par. 11-102-4a)
Sec. 11-102-4a.
Any plan to change a municipal airport's physical facilities, including
but not limited to construction of runways, additions to or relocation of
runways, construction of terminals and of parking areas, shall be subject
to a public hearing if such change:
(1) would affect the residents of any contiguous municipality in the use
and enjoyment of their property;
(2) involves locating or relocating of a State, county, or municipal
street or highway or part thereof by the airport authorities and such
highway, or street, or portion thereof, so affected is situated within the
corporate limits of any contiguous municipality; or
(3) would affect any contiguous municipality in its carrying out of its
governmental or proprietary functions.
(Source: P.A. 76-1341.)
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(65 ILCS 5/11-102-4b) (from Ch. 24, par. 11-102-4b)
Sec. 11-102-4b.
The municipal clerk of the municipality which established the airport
involved shall publish notice of the hearing at least once, not more than
30 nor less than 15 days before the hearing in a newspaper of general
circulation in the municipalities affected. If no newspaper is generally
circulated in such municipality, publication shall be in a newspaper of
general circulation in the county of the municipalities affected.
(Source: P.A. 76-1341.)
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(65 ILCS 5/11-102-4c) (from Ch. 24, par. 11-102-4c)
Sec. 11-102-4c.
At the hearing the airport authorities shall make a full disclosure of
the proposed plan. All interested persons and municipalities may appear and
testify for or against any plan. The hearing may be continued from time to
time at the discretion of the airport authorities to allow necessary
changes in any proposed plan, or to hear or receive additional testimony
from interested persons or municipalities.
(Source: P.A. 76-1341.)
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(65 ILCS 5/11-102-4d) (from Ch. 24, par. 11-102-4d)
Sec. 11-102-4d.
Sections 11-102-4a, 11-102-4b, and 11-102-4c apply to an
airport which is located either within or outside of the corporate limits of
every municipality specified in Section 11-102-1 establishing the airport.
(Source: P.A. 76-1341.)
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