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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 5/8-13-11 (65 ILCS 5/8-13-11) Sec. 8-13-11. Liens for obligations. (a) As used in this Section, "statutory lien" has the meaning given to that term under 11 U.S.C. 101(53) of the federal Bankruptcy Code. (b) Obligations issued by an issuing entity shall be secured by a statutory lien on the transferred receipts received, or entitled to be received, by the issuing entity that are designated as pledged for such obligations. The statutory lien shall automatically attach from the time the obligations are issued without further action or authorization by the issuing entity or any other entity, person, governmental authority, or officer. The statutory lien shall be valid and binding from the time the obligations are executed and delivered without any physical delivery thereof or further act required, and shall be a first priority lien unless the obligations, or documents authorizing the obligations or providing a source of payment or security for those obligations, shall otherwise provide. The transferred receipts received or entitled to be received shall be immediately subject to the statutory lien from the time the obligations are issued, and the statutory lien shall automatically attach to the transferred receipts (whether received or entitled to be received by the issuing entity) and be effective, binding, and enforceable against the issuing entity, the transferring unit, the State entity, the State of Illinois, and their agents, successors, and transferees, and creditors, and all others asserting rights therein or having claims of any kind in tort, contract, or otherwise, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. The statutory lien imposed by this Section is automatically released and discharged with respect to amounts of transferred receipts reconveyed to the transferring unit pursuant to Section 8-13-10 of this Code, effective upon such reconveyance. (c) The statutory lien provided in this Section is separate from and shall not affect any special revenues lien or other protection afforded to special revenue obligations under the federal Bankruptcy Code.
(Source: P.A. 100-23, eff. 7-6-17.) |
65 ILCS 5/8-13-15 (65 ILCS 5/8-13-15) Sec. 8-13-15. Pledges and agreements of the State. The State of Illinois pledges to and agrees with each transferring unit and issuing entity that the State will not limit or alter the rights and powers vested in the State entities by this Article with respect to the disposition of transferred receipts so as to impair the terms of any contract, including any assignment agreement, made by the transferring unit with the issuing entity or any contract executed by the issuing entity in connection with the issuance of obligations by the issuing entity for the benefit of the transferring unit until all requirements with respect to the deposit by such State entity of transferred receipts for the benefit of such issuing entity have been fully met and discharged. In addition, the State pledges to and agrees with each transferring unit and each issuing entity that the State will not limit or alter the basis on which the transferring unit's share or percentage of transferred receipts is derived, or the use of such funds, so as to impair the terms of any such contract. Each transferring unit and issuing entity is authorized to include these pledges and agreements of the State in any contract executed and delivered as described in this Article. In no way shall the pledge and agreements of the State be interpreted to construe the State as a guarantor of any debt or obligation subject to an assignment agreement under this Division.
(Source: P.A. 100-23, eff. 7-6-17.) |
65 ILCS 5/8-13-20 (65 ILCS 5/8-13-20) Sec. 8-13-20. Home rule. A home rule unit may not enter into assignment agreements in a manner inconsistent with the provisions of this Article. This Section is a limitation 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.
(Source: P.A. 100-23, eff. 7-6-17.) |
65 ILCS 5/Art. 9
(65 ILCS 5/Art. 9 heading)
ARTICLE 9
LOCAL IMPROVEMENTS
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65 ILCS 5/Art. 9 Div. 1
(65 ILCS 5/Art. 9 Div. 1 heading)
DIVISION 1.
PROVISIONS GENERALLY APPLICABLE
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65 ILCS 5/9-1-1
(65 ILCS 5/9-1-1) (from Ch. 24, par. 9-1-1)
Sec. 9-1-1.
The provisions of Sections 9-1-2 through 9-1-10 apply in all
municipalities unless otherwise provided in any of such sections.
The provisions of Sections 9-1-11 through 9-1-14 are alternative to and
not in exclusion of other methods of disposition of undistributed or
unclaimed money received from the making of any local improvement paid for
wholly or in part by special assessment or special taxation.
Any municipality in making local improvements may use either the
procedure set out in Division 2 of this Article or the procedure set out
in Division 3 of this Article subject to any restrictions appearing in
such divisions. Once a local improvement is begun under one of the
procedures it must be completed pursuant to the same procedure.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-1-2
(65 ILCS 5/9-1-2) (from Ch. 24, par. 9-1-2)
Sec. 9-1-2.
When the ordinance under which a local improvement is ordered
to be made provides that the improvement shall be made by general taxation,
the cost of the improvement shall be added to the annual appropriation
ordinance of the municipality ordering the improvement and shall be levied
and collected with and as a part of the general taxes of that municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-1-3
(65 ILCS 5/9-1-3) (from Ch. 24, par. 9-1-3)
Sec. 9-1-3.
No ordinance ordering a local improvement shall be repealed
except on a written recommendation of the board of local improvements, or
committee on local improvements, as the case may be, stating the reasons
therefor. This section shall not apply to municipalities having a
population of less than 100,000.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-1-4
(65 ILCS 5/9-1-4) (from Ch. 24, par. 9-1-4)
Sec. 9-1-4.
The board of local improvements or committee on local
improvements, as the case may be, shall submit to the corporate
authorities, during the months of May and October of each year, for 3 years
following the completion of any public work, a written report of its
condition based upon a careful examination of the public work by the board
of local improvements, or by the committee on local improvements, as the
case may be, or by its representative, who shall be an experienced and
capable person of good
character. This section shall not apply to municipalities
having a population of less than 100,000.
(Source: P.A. 80-324.)
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65 ILCS 5/9-1-5
(65 ILCS 5/9-1-5) (from Ch. 24, par. 9-1-5)
Sec. 9-1-5.
Any municipality having any undistributed or unclaimed money
received from the making of any local improvement paid for wholly or in
part by special assessment or special taxation, and which money has
remained in the possession of the municipality for a period of 4 years or
more from the due date of the last installment undistributed or unclaimed
as a rebate or refund, after complying with all provisions for the
distribution of such rebates or refunds set out in Divisions 2 and 3 of
this Article, may set aside and transfer the money, so undistributed or
unclaimed, into a special fund to be known as the unclaimed rebate fund.
This fund may be used as provided in Sections 9-1-6 through 9-1-10.
(Source: Laws 1963, p. 2431.)
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65 ILCS 5/9-1-6
(65 ILCS 5/9-1-6) (from Ch. 24, par. 9-1-6)
Sec. 9-1-6.
Before the money so remaining undistributed or unclaimed
and in the possession of a municipality is set aside and transferred
into the unclaimed rebate fund, the board of local improvements, or the
committee on local improvements, as the case may be, of the municipality
shall have a notice published at least once a week for 8 successive
weeks in a newspaper published in the municipality, or, if no newspaper
is published therein, then in a newspaper with a general circulation
within the municipality. In municipalities with less than 500
population in which no newspaper is published, publication may be made
by posting a notice in 3 prominent places within the municipality.
The notice shall describe in a general manner the improvement in
which there is an undistributed or unclaimed rebate or refund, giving
the location of the improvement and the warrant number, and shall give
notice that the municipality, by ordinance after the expiration of 60
days from the date of the first publication of this notice, will set
aside and transfer all money which has remained for a period of 4 years,
or more, undistributed or unclaimed as a rebate or refund, into the
unclaimed rebate fund, and shall state that unless the money is claimed
by the person entitled thereto within the 60 day period, and the passage
of an ordinance by the municipality, all interest therein and all right
and title thereto shall be forfeited and barred.
A certificate of the publication of this notice, with a copy thereof,
accompanied by the affidavit of the publisher that the publication has
been made and setting forth the date of the first and last publication
thereof shall be filed in the office of the board of local improvements,
or the committee on local improvements, as the case may be. The board
or committee thereupon shall certify the fact of the publication to the
corporate authorities of the municipality and shall therewith recommend
the passage of an ordinance making transfer of the specified money into
the unclaimed rebate fund.
(Source: P.A. 80-179.)
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65 ILCS 5/9-1-7
(65 ILCS 5/9-1-7) (from Ch. 24, par. 9-1-7)
Sec. 9-1-7.
The corporate authorities, by ordinance, may create an
unclaimed rebate fund and may provide for its regulation and control, and
from time to time upon the recommendation specified in Section 9-1-6, may
direct that the undistributed and unclaimed money described in Section
9-1-5, be set aside and transferred to the unclaimed rebate fund.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-1-8
(65 ILCS 5/9-1-8) (from Ch. 24, par. 9-1-8)
Sec. 9-1-8.
Unless a claim is made by the person entitled thereto before
the passage of an ordinance by a municipality, as specified in Section
9-1-6, all interest therein and all right and title thereto of all
claimants shall be forfeited and barred. No action shall be begun or claim
made for any money undistributed or unclaimed as a rebate or refund,
received from the making of any local improvement, paid for wholly or in
part by special assessment or special taxation, after the money has
remained in the possession of a municipality undistributed or unclaimed as
a rebate or refund, for a period of 4 years or more from the due date of
the last installment, and where the money has been set aside and
transferred into the unclaimed rebate fund in the manner provided in
Sections 9-1-5 through 9-1-7.
(Source: Laws 1963, p. 2431.)
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65 ILCS 5/9-1-9
(65 ILCS 5/9-1-9) (from Ch. 24, par. 9-1-9)
Sec. 9-1-9.
Any municipality having an unclaimed rebate fund as provided in
Sections 9-1-5 through 9-1-7, by ordinance may at its option direct the use
of the money in that fund for any public purpose for which the
municipality is authorized by law to expend funds.
(Source: P.A. 84-581 .)
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65 ILCS 5/9-1-10
(65 ILCS 5/9-1-10) (from Ch. 24, par. 9-1-10)
Sec. 9-1-10.
Whenever any municipality creates an unclaimed rebate fund and
by ordinance directs the use of the money in that fund for the purpose of
paying rebates or refunds due on any warrant for any special assessment or
special tax, the equivalent of any such money so used shall be returned to
the unclaimed rebate fund as soon as the warrants, which were deficient,
have been collected. Whenever any municipality directs the use of the money
in that fund for the purpose of paying unpaid special assessment vouchers
or special assessment bonds or special tax vouchers or interest or
deficiency in interest or public benefits in any warrant in which there is
a deficiency, the equivalent of any such money so used or any part thereof
shall be returned to the unclaimed rebate fund in the event there is
collected in the warrant any surplus in excess of the amount required to
pay the bonds and vouchers issued to anticipate such warrant. Whenever any
municipality directs the use of the money in the fund for the purpose of
purchasing any lot, block or tract or parcel of land, or any real estate at
any sale had to enforce the collection of special assessments or special
taxes, the proceeds of any redemption from such sale or from any sale of
the certificate or title acquired by such sale, to an amount equivalent to
any such money so used or any part thereof, shall be returned to the
unclaimed rebate fund.
(Source: Laws 1961, p. 576.)
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