Bill Text: IL SB0189 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Property Tax Code, the Local Government Financial Statement Act, the Illinois Municipal Budget Law, the Medical Service Facility Act, the Innovation Development and Economy Act, and the Illinois Municipal Code. Changes various provisions requiring notice by publication in newspapers to allow an option of publication on websites of municipalities and specified units of local government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB0189 Detail]

Download: Illinois-2019-SB0189-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB0189 Introduced 1/30/2019, by Sen. Jim Oberweis SYNOPSIS AS INTRODUCED:
See Index
Amends the Property Tax Code, the Local Government Financial Statement Act, the Illinois Municipal Budget Law, the Medical Service Facility Act, the Innovation Development and Economy Act, and the Illinois Municipal Code. Changes various provisions requiring notice by publication in newspapers to allow an option of publication on websites of municipalities and specified units of local government.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning publication.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Sections 18-75, 18-120, and 27-30 as follows:
(35 ILCS 200/18-75)
Sec. 18-75. Notice; place of publication. If the taxing
district is located entirely in one county, the notice shall be
published in an English language newspaper of general
circulation published in the taxing district, or if there is no
such newspaper, in an English language newspaper of general
circulation published in the county and having circulation in
the taxing district.
If the taxing district is located primarily in one county
but extends into smaller portions of adjoining counties, the
notice shall be published in a newspaper of general circulation
published in the taxing district, or if there is no such
newspaper, in a newspaper of general circulation published in
each county in which any part of the district is located.
If the taxing district includes all or a large portion of 2
or more counties, the notice shall be published in a newspaper
of general circulation published in each county in which any
part of the district is located.

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If a taxing district has a website maintained by the
full-time staff of the taxing district, then the notice may
shall be posted on the website in fulfillment of in addition to
the other notice requirements of this Section. The failure of a
taxing district to post the notice on its website shall not
invalidate the notice or any action taken on the tax levy.
(Source: P.A. 99-367, eff. 1-1-16.)
(35 ILCS 200/18-120)
Sec. 18-120. Increase or decrease of rate limit. This Sec.
applies only to rates which are specifically made subject to
increase or decrease according to the referendum provisions of
the General Revenue Law of Illinois. The question of
establishing a maximum tax rate limit other than that
applicable to the next taxes to be extended may be presented to
the legal voters of any taxing district by resolution of the
corporate authorities of the taxing district at any regular
election. Whenever any taxing district establishes a maximum
tax rate lower than that otherwise applicable, it shall publish
the ordinance or resolution establishing the maximum tax rate
in one or more newspapers in the district within 10 days after
the maximum tax rate is established. If no newspaper is
published in the district, the ordinance or resolution shall be
published in a newspaper having general circulation within the
district. The publication requirement may also be satisfied by
publication of the ordinance or resolution on the taxing

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district's website within 10 days after the maximum tax rate is
established. The publication of the ordinance or resolution
shall include a notice of (a) the specific number of voters
required to sign a petition requesting that the question of the
adoption of the maximum tax rate be submitted to the voters of
the district; (b) the time within which the petition must be
filed; and (c) the date of the prospective referendum. The
district clerk or secretary shall provide a petition form to
any individual requesting one.
Either in response to the taxing district's publication or
by the voters' own initiative, the question of establishing a
maximum tax rate lower than that in effect shall be submitted
to the voters of any taxing district at the regular election
for officers of the taxing district in accordance with the
general election law, but only if the voters have submitted a
petition signed by not fewer than 10% of the legal voters in
the taxing district. That percentage shall be based on the
number of votes cast at the last general election preceding the
filing of the petition. The petition shall specify the tax rate
to be submitted. The petition shall be filed with the clerk,
secretary or other recording officer of the taxing district not
more than 10 months nor less than 6 months prior to the
election at which the question is to be submitted to the
voters, and its validity shall be determined as provided by the
general election law. The officer receiving the petition shall
certify the question to the proper election officials, who

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shall submit the question to the voters.
Notice shall be given in the manner provided by the general
election law.
(Source: P.A. 86-1253; 88-455.)
(35 ILCS 200/27-30)
Sec. 27-30. Manner of notice. Prior to or within 60 days
after the adoption of the ordinance proposing the establishment
of a special service area the municipality or county shall fix
a time and a place for a public hearing. The public hearing
shall be held not less than 60 days after the adoption of the
ordinance proposing the establishment of a special service
area. Notice of the hearing shall be given by publication and
mailing, except that notice of a public hearing to propose the
establishment of a special service area for weather
modification purposes may be given by publication only. Notice
by publication shall be given by publication at least once not
less than 15 days prior to the hearing in a newspaper of
general circulation within the municipality or county or on the
municipality's or county's website. Notice by mailing shall be
given by depositing the notice in the United States mails
addressed to the person or persons in whose name the general
taxes for the last preceding year were paid on each property
lying within the special service area. A notice shall be mailed
not less than 10 days prior to the time set for the public
hearing. In the event taxes for the last preceding year were

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not paid, the notice shall be sent to the person last listed on
the tax rolls prior to that year as the owner of the property.
(Source: P.A. 97-1053, eff. 1-1-13.)
Section 10. The Local Government Financial Statement Act is
amended by changing Section 1 as follows:
(50 ILCS 305/1) (from Ch. 85, par. 601)
Sec. 1. The corporate authorities of all counties and
municipal corporations and all public officers who in the
discharge of their official duties receive all or any part of
their funds from the County Collector or the County Treasurer
and all fee officers other than city or village treasurers or
municipal officers who are required to file an annual report,
which report is required to be published, shall furnish as
herein provided, within 60 days after January 1st and July 1st
of each year a sworn, detailed and itemized statement of all
receipts and expenditures of any character for the preceding 6
months and showing the names, addresses, positions and salaries
of every employee of the county office or municipal
corporation.
A copy of such statement shall be furnished for reference,
on request, to all daily newspapers published in each city, in
such county, and to the city library of each city. A copy of
the statement may be published on the city's website for city
corporate authorities or officers or on the county's website

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for county corporate authorities or officers instead of
providing the statement to daily newspapers. Copies shall also
be furnished to the clerk of the circuit court or to the clerk
of such municipal corporation, respectively, such copies to be
kept available for inspection by persons applying therefor. The
governing body of any such county or municipal corporation may
direct the publication of such reports, respectively, in one or
more daily newspapers respectively published therein, and the
city council of cities of 300,000 or more population shall so
direct the publication thereof.
Nothing in this Act shall apply to the corporate
authorities or any officer of a county which has a population
of more than 3,000,000.
(Source: P.A. 86-412.)
Section 15. The Illinois Municipal Budget Law is amended by
changing Section 3 as follows:
(50 ILCS 330/3) (from Ch. 85, par. 803)
Sec. 3. The governing body of each municipality of this
State, coming within the provisions of this Act, shall, within
or before the first quarter of each fiscal year, adopt a
combined annual budget and appropriation ordinance, by which
ordinance the governing body may appropriate such sum or sums
of money as may be deemed necessary to defray all necessary
expenses and liabilities of such municipality, and in such

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annual budget and appropriation ordinance shall specify the
objects and purposes for which such appropriations are made,
and the amount appropriated for each object or purpose. The
municipality may pass a continuing annual budget ordinance. The
municipality may expend funds during the first quarter of the
fiscal year before the municipality has adopted the combined
annual budget and appropriation ordinance.
The budget included in such ordinance shall contain a
statement of the cash on hand at the beginning of the fiscal
year, an estimate of the cash expected to be received during
such fiscal year from all sources, an estimate of the
expenditures contemplated for such fiscal year, and a statement
of the estimated cash expected to be on hand at the end of such
year. The estimate of taxes to be received may be based upon
the amount of actual cash receipts that may reasonably be
expected by the municipality during such fiscal year, estimated
from the experience of the municipality in prior years and with
due regard for other circumstances that may substantially
affect such receipts. Provided, however, that nothing in this
Act shall be construed as requiring any municipality to change
or preventing any municipality from changing from a cash basis
of financing to a surplus or deficit basis of financing; or as
requiring any municipality to change or preventing any
municipality from changing its system of accounting.
The governing body of each municipality shall fix a fiscal
year therefor. If the beginning of the fiscal year of a

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municipality is subsequent to the time that the tax levy for
such fiscal year shall be made, then such annual budget and
appropriation ordinance shall be adopted prior to the time such
tax levy shall be made.
Such budget and appropriation ordinance shall be prepared
in tentative form by some person or persons designated by the
governing body, and in such tentative form shall be made
conveniently available to public inspection for at least thirty
days prior to final action thereon. Provided, that in townships
such tentative ordinance for purposes other than the road and
bridge fund shall be prepared by the board of town trustees. At
least one public hearing shall be held as to such budget and
appropriation ordinance prior to final action thereon, notice
of which shall be given by publication in an English language
newspaper published in such municipality, at least 30 days
prior to the time of such hearing. If there is no newspaper
published in such municipality, then notice of such public
hearing shall be given by publication in an English language
newspaper published in the county in which such municipality is
located and having general circulation within such
municipality. If there is no such newspaper published in the
county, notice of such public hearing shall be given by posting
notices thereof in five of the most public places in such
municipality. The publication requirement may also be
satisfied by publication of the notice on the municipality's
website. Such notice shall state the time and place where

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copies of the tentative budget and appropriation ordinance are
available for public inspection and the time and place of the
hearing. It shall be the duty of the clerk, secretary, or other
similar officer, of such municipality to make such tentative
budget and appropriation ordinance available to public
inspection, and to arrange for such public hearing or hearings.
Except as otherwise provided by law, no further appropriations
shall be made at any other time within such fiscal year,
provided that the governing body of such municipality may from
time to time make transfers between the various items in any
fund in such appropriation ordinance not exceeding in the
aggregate ten per cent of the total amount appropriated in such
fund by such ordinance, may transfer funds received by the
taxing district as the result of an erroneous distribution of
property taxes by a county treasurer back to that county
treasurer without amending the budget and appropriation
ordinance, and may amend such budget and appropriation
ordinance from time to time by the same procedure as is herein
provided for the original adoption of a budget and
appropriation ordinance; provided that nothing in this section
shall be construed to permit transfers between funds required
by law to be kept separate.
(Source: P.A. 89-548, eff. 1-1-97; 90-439, eff. 8-16-97.)
Section 20. The Medical Service Facility Act is amended by
changing Section 8 as follows:

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(50 ILCS 450/8) (from Ch. 85, par. 928)
Sec. 8. The bonds shall be sold to the highest and best
bidder at not less than their par value and accrued interest.
The corporate authority shall advertise for proposals to
purchase the bonds. Such advertisement shall be published at
least once in a newspaper having circulation within the county
or municipality or on the county's or municipality's website,
as the case may be, at least 10 days before the date for
opening the bids. The corporate authority may reserve the right
to reject any and all bids and to readvertise for bids.
(Source: P.A. 76-660.)
Section 25. The Innovation Development and Economy Act is
amended by changing Section 20 as follows:
(50 ILCS 470/20)
Sec. 20. Approval of STAR bond projects. The governing body
of a political subdivision may establish one or more STAR bond
projects in any STAR bond district. A STAR bond project which
is partially outside the boundaries of a municipality must also
be approved by the governing body of the county by resolution.
(a) After the establishment of a STAR bond district, the
master developer may propose one or more STAR bond projects to
a political subdivision and the master developer shall, in
cooperation with the political subdivision, prepare a STAR bond

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project plan in consultation with the planning commission of
the political subdivision, if any. The STAR bond project plan
may be implemented in separate development stages.
(b) Any political subdivision considering a STAR bond
project within a STAR bond district shall notify the
Department, which shall cause to be prepared an independent
feasibility study by a feasibility consultant with certified
copies provided to the political subdivision, the Director, and
the Department of Commerce and Economic Opportunity. The
feasibility study shall include the following:
(1) the estimated amount of pledged STAR revenues
expected to be collected in each year through the maturity
date of the proposed STAR bonds;
(2) a statement of how the jobs and taxes obtained from
the STAR bond project will contribute significantly to the
economic development of the State and region;
(3) visitation expectations;
(4) the unique quality of the project;
(5) an economic impact study;
(6) a market study;
(7) integration and collaboration with other resources
or businesses;
(8) the quality of service and experience provided, as
measured against national consumer standards for the
specific target market;
(9) project accountability, measured according to best

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industry practices;
(10) the expected return on State and local investment
that the STAR bond project is anticipated to produce; and
(11) an anticipated principal and interest payment
schedule on the STAR bonds.
The feasibility consultant, along with the independent
economist and any other consultants commissioned to perform the
studies and other analysis required by the feasibility study,
shall be selected by the Director with the approval of the
political subdivision. The consultants shall be retained by the
Director and the Department shall be reimbursed by the master
developer for the costs to retain the consultants.
The failure to include all information enumerated in this
subsection in the feasibility study for a STAR bond project
shall not affect the validity of STAR bonds issued pursuant to
this Act.
(c) If the political subdivision determines the STAR bond
project is feasible, the STAR bond project plan shall include:
(1) a summary of the feasibility study;
(2) a reference to the STAR bond district plan that
identifies the STAR bond project area that is set forth in
the STAR bond project plan that is being considered;
(3) a legal description and map of the STAR bond
project area to be developed or redeveloped;
(4) a description of the buildings and facilities
proposed to be constructed or improved in such STAR bond

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project area, including destination users and an
entertainment user, as applicable;
(5) a copy of letters of intent to locate within the
STAR bond district signed by both the master developer and
the appropriate corporate officer of at least one
destination user for the first STAR bond project proposed
within the district; and
(6) any other information the governing body of the
political subdivision deems reasonable and necessary to
advise the public of the intent of the STAR bond project
plan.
(d) Before a political subdivision may hold a public
hearing to consider a STAR bond project plan, the political
subdivision must apply to the Department for approval of the
STAR bond project plan. An application for approval of a STAR
bond project plan must not be approved unless all of the
components of the feasibility study set forth in items (1)
through (11) of subsection (b) have been completed and
submitted to the Department for review. In addition to
reviewing all of the other elements of the STAR bond project
plan required under subsection (c), which must be included in
the application (which plan must include a letter or letters of
intent as required under subdivision (c)(5) in order to receive
Director approval), the Director must review the feasibility
study and consider all of the components of the feasibility
study set forth in items (1) through (11) of subsection (b) of

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Section 20, including without limitation the economic impact
study and the financial benefit of the proposed STAR bond
project to the local, regional, and State economies, the
proposed adverse impacts on similar businesses and projects as
well as municipalities within the market area, and the net
effect of the proposed STAR bond project on the local,
regional, and State economies. In addition to the economic
impact study, the political subdivision must also submit to the
Department, as part of its application, the financial and other
information that substantiates the basis for the conclusion of
the economic impact study, in the form and manner as required
by the Department, so that the Department can verify the
results of the study. In addition to any other criteria in this
subsection, to approve the STAR bond project plan, the Director
must be satisfied that the proposed destination user is in fact
a true destination user and also find that the STAR bond
project plan is in accordance with the purpose of this Act and
the public interest. The Director shall either approve or deny
the STAR bond project plan based on the criteria in this
subsection.
(e) Upon a finding by the planning and zoning commission of
the political subdivision that the STAR bond project plan is
consistent with the intent of the comprehensive plan for the
development of the political subdivision and upon issuance of
written approval of the STAR bond project plan from the
Director pursuant to subsection (d) of Section 20, the

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governing body of the political subdivision shall adopt a
resolution stating that the political subdivision is
considering the adoption of the STAR bond project plan. The
resolution shall:
(1) give notice that a public hearing will be held to
consider the adoption of the STAR bond project plan and fix
the date, hour, and place of the public hearing;
(2) describe the general boundaries of the STAR bond
district within which the STAR bond project will be located
and the date of establishment of the STAR bond district;
(3) describe the general boundaries of the area
proposed to be included within the STAR bond project area;
(4) provide that the STAR bond project plan and map of
the area to be redeveloped or developed are available for
inspection during regular office hours in the offices of
the political subdivision; and
(5) contain a summary of the terms and conditions of
any proposed project development agreement with the
political subdivision.
(f) A public hearing shall be conducted to consider the
adoption of any STAR bond project plan.
(1) The date fixed for the public hearing to consider
the adoption of the STAR bond project plan shall be not
less than 20 nor more than 90 days following the date of
the adoption of the resolution fixing the date of the
hearing.

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(2) A copy of the political subdivision's resolution
providing for the public hearing shall be sent by certified
mail, return receipt requested, to the governing body of
the county. A copy of the political subdivision's
resolution providing for the public hearing shall be sent
by certified mail, return receipt requested, to each person
or persons in whose name the general taxes for the last
preceding year were paid on each parcel of land lying
within the proposed STAR bond project area within 10 days
following the date of the adoption of the resolution. The
resolution shall be published once in a newspaper of
general circulation in the political subdivision or on the
political subdivision's website not less than one week nor
more than 3 weeks preceding the date fixed for the public
hearing. A map or aerial photo clearly delineating the area
of land proposed to be included within the STAR bond
project area shall be published with the resolution.
(3) The hearing shall be held at a location that is
within 20 miles of the STAR bond district, in a facility
that can accommodate a large crowd, and in a facility that
is accessible to persons with disabilities.
(4) At the public hearing, a representative of the
political subdivision or master developer shall present
the STAR bond project plan. Following the presentation of
the STAR bond project plan, all interested persons shall be
given an opportunity to be heard. The governing body may

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continue the date and time of the public hearing.
(g) Upon conclusion of the public hearing, the governing
body of the political subdivision may adopt the STAR bond
project plan by a resolution approving the STAR bond project
plan.
(h) After the adoption by the corporate authorities of the
political subdivision of a STAR bond project plan, the
political subdivision may enter into a project development
agreement if the master developer has requested the political
subdivision to be a party to the project development agreement
pursuant to subsection (b) of Section 25.
(i) Within 30 days after the adoption by the political
subdivision of a STAR bond project plan, the clerk of the
political subdivision shall transmit a copy of the legal
description of the land and a list of all new and existing
mailing addresses within the STAR bond district, a copy of the
resolution adopting the STAR bond project plan, and a map or
plat indicating the boundaries of the STAR bond project area to
the clerk, treasurer, and governing body of the county and to
the Department of Revenue. Within 30 days of creation of any
new mailing addresses within a STAR bond district, the clerk of
the political subdivision shall provide written notice of such
new addresses to the Department of Revenue.
If a certified copy of the resolution adopting the STAR
bond project plan is filed with the Department on or before the
first day of April, the Department, if all other requirements

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of this subsection are met, shall proceed to collect and
allocate any local sales tax increment and any State sales tax
increment in accordance with the provisions of this Act as of
the first day of July next following the adoption and filing.
If a certified copy of the resolution adopting the STAR bond
project plan is filed with the Department after April 1 but on
or before the first day of October, the Department, if all
other requirements of this subsection are met, shall proceed to
collect and allocate any local sales tax increment and any
State sales tax increment in accordance with the provisions of
this Act as of the first day of January next following the
adoption and filing.
Any substantial changes to a STAR bond project plan as
adopted shall be subject to a public hearing following
publication of notice thereof in a newspaper of general
circulation in the political subdivision and approval by
resolution of the governing body of the political subdivision.
The Department of Revenue shall not collect or allocate any
local sales tax increment or State sales tax increment until
the political subdivision also provides, in the manner
prescribed by the Department, the boundaries of the STAR bond
project area and each address in the STAR bond project area in
such a way that the Department can determine by its address
whether a business is located in the STAR bond project area.
The political subdivision must provide this boundary and
address information to the Department on or before April 1 for

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administration and enforcement under this Act by the Department
beginning on the following July 1 and on or before October 1
for administration and enforcement under this Act by the
Department beginning on the following January 1. The Department
of Revenue shall not administer or enforce any change made to
the boundaries of a STAR bond project or any address change,
addition, or deletion until the political subdivision reports
the boundary change or address change, addition, or deletion to
the Department in the manner prescribed by the Department. The
political subdivision must provide this boundary change or
address change, addition, or deletion information to the
Department on or before April 1 for administration and
enforcement by the Department of the change, addition, or
deletion beginning on the following July 1 and on or before
October 1 for administration and enforcement by the Department
of the change, addition, or deletion beginning on the following
January 1. If a retailer is incorrectly included or excluded
from the list of those located in the STAR bond project, the
Department of Revenue shall be held harmless if it reasonably
relied on information provided by the political subdivision.
(j) Any STAR bond project must be approved by the political
subdivision prior to that date which is 23 years from the date
of the approval of the STAR bond district, provided however
that any amendments to such STAR bond project may occur
following such date.
(k) Any developer of a STAR bond project shall commence

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work on the STAR bond project within 3 years from the date of
adoption of the STAR bond project plan. If the developer fails
to commence work on the STAR bond project within the 3-year
period, funding for the project shall cease and the developer
of the project or complex shall have one year to appeal to the
political subdivision for reapproval of the project and
funding. If the project is reapproved, the 3-year period for
commencement shall begin again on the date of the reapproval.
(l) After the adoption by the corporate authorities of the
political subdivision of a STAR bond project plan and approval
of the Director pursuant to subsection (d) of Section 20, the
political subdivision may authorize the issuance of the STAR
bonds in one or more series to finance the STAR bond project in
accordance with the provisions of this Act.
(m) The maximum maturity of STAR bonds issued to finance a
STAR bond project shall not exceed 23 years from the first date
of distribution of State sales tax revenues from such STAR bond
project to the political subdivision unless the political
subdivision extends such maturity by resolution up to a maximum
of 35 years from such first distribution date. Any such
extension shall require the approval of the Director. In no
event shall the maximum maturity date for any STAR bonds exceed
that date which is 35 years from the first distribution date of
the first STAR bonds issued in a STAR bond district.
(Source: P.A. 96-939, eff. 6-24-10.)

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Section 30. The Illinois Municipal Code is amended by
changing Sections 1-2-4, 2-4-4, 3.1-35-65, 3.1-35-125, 4-5-16,
7-1-5.1, 7-1-5.2, 7-1-12, 7-1-13, 7-7-6, 8-1-12, 8-2-6, 8-2-9,
8-2-9.9, 8-3-19, 8-4-20, 8-10-7, 9-1-6, 9-1-11, 9-2-52,
9-2-53, 9-2-79, 9-2-84, 9-2-103, 9-2-108, 9-2-113, 9-2-115,
9-2-123, 9-2-129, 9-3-11, 9-3-13, 9-3-25, 9-3-32, 9-3-36,
9-3-46, 11-4-8, 11-7-3, 11-13-2, 11-13-6, 11-13-14, 11-13-26,
11-14-3, 11-15.1-3, 11-22-2, 11-23-3, 11-23-15, 11-29.1-2,
11-29.3-1, 11-31-1, 11-42-11, 11-48.3-11, 11-48.3-23,
11-48.3-25, 11-65-9, 11-71-3, 11-71-8, 11-74.2-4, 11-74.2-10,
11-74.2-11, 11-74.2-15, 11-74.2-18, 11-74.3-2, 11-74.3-6,
11-74.4-5, 11-74.4-6, 11-74.4-7, 11-74.6-22, 11-74.6-30,
11-76-4.1, 11-76-4.2, 11-76.1-3, 11-76.2-2, 11-84-7, 11-91-1,
11-92-8, 11-94-2, 11-102-4b, 11-102-7, 11-103-6, 11-103-12,
11-117-3, 11-118-3, 11-122-2, 11-122-8, 11-122.1-1, 11-123-9,
11-123-14, 11-126-1, 11-127-1, 11-128-2, 11-129-4, 11-130-4,
11-130-12, 11-133-2, 11-135-5, 11-136-5, and 11-137-2 as
follows:
(65 ILCS 5/1-2-4) (from Ch. 24, par. 1-2-4)
Sec. 1-2-4. All ordinances of cities, villages and
incorporated towns imposing any fine, penalty, imprisonment,
or forfeiture, or making any appropriation, shall (1) be
printed or published in book or pamphlet form, published by
authority of the corporate authorities, or (2) be published at
least once, within 30 days after passage: , in one or more

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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; or on the
municipality's website. If there is an error in printing, the
publishing requirement of this Act shall be satisfied if those
portions of the ordinance that were erroneously printed are
republished, correctly, within 30 days after the original
publication that contained the error. The fact that an error
occurred in publication shall not affect the effective date of
the ordinance so published. If the error in printing is not
corrected within 30 days after the date of the original
publication that contained the error, as provided in the
preceding sentence, the corporate authorities may by ordinance
declare the ordinance that was erroneously published to be
nevertheless valid and in effect no sooner than the tenth day
after the date of the original publication, notwithstanding the
error in publication, and shall order the original ordinance to
be published once more within 30 days after the passage of the
validating ordinance. 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. An annual appropriation ordinance
adopted under Section 8-2-9 shall take effect upon passage, but
no other ordinance described in this paragraph shall take
effect until 10 days after it is so published, except that an
ordinance imposing a municipal retailers' occupation tax

SB0189 - 23 - LRB101 06690 AWJ 51717 b
adopted under Section 8-11-1, or a Tourism, Convention and
Other Special Events Promotion Tax adopted under Section
8-3-13, or effecting a change in the rate thereof shall take
effect on the first day of the month next following the
expiration of the 30 day publication period. However,
ordinances establishing rules and regulations for the
construction of buildings or any part thereof, or for the
development or operation of camps accommodating persons in
house trailers, house cars, cabins or tents, where such rules
and regulations have been previously printed in book or
pamphlet form, may by their terms provide for the adoption of
such rules and regulations or portions thereof by reference
thereto without further printing, or publication, if not less
than one copy of such rules and regulations in book or pamphlet
form has been filed in the office of the clerk of the
municipality for use and examination by the public at least 30
days prior to the adoption thereof.
All other ordinances, resolutions and motions, shall take
effect upon their passage unless they otherwise provide.
This Section applies to incorporated towns even if the
Section's provisions are in conflict with the charters of such
incorporated towns.
Anything in this Section to the contrary notwithstanding,
any ordinance which contains a statement of its urgency in the
preamble or body thereof, other than an ordinance adopted under
Article 8 of this Code, may take effect immediately upon its

SB0189 - 24 - LRB101 06690 AWJ 51717 b
passage provided that the corporate authorities, by a vote of
2/3 of all the members then holding office, so direct. The
decision of the corporate authorities as to the urgency of any
ordinance shall not be subject to judicial review except for an
abuse of discretion.
(Source: P.A. 89-266, eff. 1-1-96.)
(65 ILCS 5/2-4-4) (from Ch. 24, par. 2-4-4)
Sec. 2-4-4. The corporate authorities shall fix the time
when such petition shall be considered, and publish a notice
thereof at least once, not more than 30 nor less than 15 days
before the hearing, 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. The publication requirement may also be
satisfied by publication of the notice on the municipality's
website not more than 30 nor less than 15 days before the
hearing. 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 notice shall state that a change of the name
of the municipality has been requested, the time when action on
the petition will be taken, and that remonstrances, if any,
will be heard at that time.
(Source: Laws 1961, p. 576.)

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(65 ILCS 5/3.1-35-65) (from Ch. 24, par. 3.1-35-65)
Sec. 3.1-35-65. Treasurer; annual accounts.
(a) Within 6 months after the end of each fiscal year, the
treasurer of each municipality having a population of less than
500,000, as determined by the last preceding federal census,
shall annually prepare and file with the clerk of the
municipality an account of moneys received and expenditures
incurred during the preceding fiscal year as specified in this
Section. The treasurer shall show in the account:
(1) All moneys received by the municipality,
indicating the total amounts, in the aggregate, received in
each account of the municipality, with a general statement
concerning the source of receipts. In this paragraph, the
term "account" does not mean each individual taxpayer,
householder, licensee, utility user, or other persons
whose payments to the municipality are credited to a
general account.
(2) Except as provided in paragraph (3) of this
subsection (a), all moneys paid out by the municipality
where the total amount paid during the fiscal year exceeds
$2,500 in the aggregate, giving the name of each person to
whom moneys were paid and the total paid to each person.
(3) All moneys paid out by the municipality as
compensation for personal services, giving the name of each
person to whom moneys were paid and the total amount paid
to each person from each account, except that the treasurer

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may elect to report the compensation for personal services
of all personnel by name, listing each employee in one of
the following categories:
(A) under $25,000.00;
(B) $25,000.00 to $49,999.99;
(C) $50,000.00 to $74,999.99;
(D) $75,000.00 to $99,999.99;
(E) $100,000.00 to $124,999.99; or
(F) $125,000.00 and over.
(4) A summary statement of operations for all funds and
account groups of the municipality, as excerpted from the
annual financial report as filed with the appropriate State
agency.
(b) Upon receipt of the account from the municipal
treasurer, the municipal clerk shall publish the account at
least once in one or more newspapers published in the
municipality or, if no newspaper is published in the
municipality, then in one or more newspapers having a general
circulation within the municipality. The publication
requirement may also be satisfied by publication of the account
on the municipality's website. In municipalities with a
population of less than 500 in which no newspaper is published,
however, publication may be made by posting a copy of the
account in 3 prominent places within the municipality.
(Source: P.A. 92-354, eff. 8-15-01.)

SB0189 - 27 - LRB101 06690 AWJ 51717 b
(65 ILCS 5/3.1-35-125) (from Ch. 24, par. 3.1-35-125)
Sec. 3.1-35-125. Collector; reports. When required by the
corporate authorities or by ordinance, the collector shall make
a written report to the corporate authorities (or to any
officer designated by the corporate authorities) of all money
collected by the collector, the account on which collected, or
of any other official matter. Between the first and tenth of
April of each year, the collector shall file with the clerk a
statement of (i) all the money collected by the collector
during the year, (ii) the particular warrant, special
assessment, or account on which collected, (iii) the balance of
money uncollected on all warrants in the collector's
possession, and (iv) the balance remaining uncollected at the
time of the return on all warrants that the collector returned
to the clerk during the preceding fiscal year. The clerk shall
publish the statement at least once, within 10 days, in one or
more newspapers published in the municipality or, if no
newspaper is published in the municipality, then in one or more
newspapers with a general circulation within the municipality.
The publication requirement may also be satisfied by
publication of the statement on the municipality's website
within 10 days of filing the statement. In municipalities with
less than 500 population in which no newspaper is published, a
publication may instead be made by posting a notice in 3
prominent places within the municipality.
(Source: P.A. 87-1119.)

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(65 ILCS 5/4-5-16) (from Ch. 24, par. 4-5-16)
Sec. 4-5-16. Statement of receipts and expenses;
examination of books and accounts; expenditure greater than
appropriation.
(a) In municipalities with 25,000 or more inhabitants, the
council each month shall print in pamphlet form, a detailed
itemized statement of all receipts and expenses of the
municipality and a summary of its proceedings during the
preceding month. In municipalities with fewer than 25,000
inhabitants, the council shall print a similar statement
annually instead of monthly. The council shall furnish printed
copies of each statement to (i) the State Library, (ii) the
city library, (iii) all the daily and weekly newspapers with a
general circulation in the municipality, and (iv) persons who
apply for a copy at the office of the municipal clerk. If each
statement is published on the municipality's website, the
council does not need to furnish printed copies of each
statement to daily and weekly newspapers under this subsection.
(b) At the end of each fiscal year, the council shall have
licensed Certified Public Accountants permitted to perform
audits under the Illinois Public Accounting Act make a full and
complete examination of all books and accounts of the
municipality and shall distribute the result of that
examination in the manner provided in this Section.
(c) It is unlawful for the council or any commissioner to

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expend, directly or indirectly, a greater amount for any
municipal purpose than the amount appropriated for that purpose
in the annual appropriation ordinance passed for that fiscal
year. A violation of this provision by any member of the
council shall constitute a petty offense.
(Source: P.A. 93-486, eff. 1-1-04; 94-465, eff. 8-4-05.)
(65 ILCS 5/7-1-5.1) (from Ch. 24, par. 7-1-5.1)
Sec. 7-1-5.1. (a) This Section shall apply when the
following conditions are met with respect to any tract within
the territory sought to be annexed:
(1) the tract is commercial or industrial property;
(2) the tract is owned by a single owner;
(3) the tract is all or part of a parcel that lies on both
sides of the Illinois and Michigan Canal;
(4) the tract is all or part of a parcel containing more
than 800 acres; and
(5) the tract is located entirely within a county having a
population of at least 300,000 but not more than 400,000.
(b) If the conditions of subsection (a) are met, then the
following shall apply:
(1) Notwithstanding the provisions of Section 7-1-2, the
notice of the annexation petition or ordinance, as the case may
be, shall be given by the petitioner or corporate authorities,
as the case may be, by publishing such notice in one newspaper
of general circulation or on the municipality's website for 3

SB0189 - 30 - LRB101 06690 AWJ 51717 b
consecutive days, the third day of publication being not less
than 30 and not more than 45 days prior to the date fixed for
the hearing.
(2) Every owner of record of commercial or industrial
property of 50 acres or more which lies within the territory to
be annexed shall be notified by the petitioner or corporate
authorities, as the case may be, by certified mail, of the
public hearing, any meeting of the corporate authorities where
a vote is to be taken in regard to the proposed annexation, and
any impending referendum to annex, at least 30 days prior to
any such public hearing, meeting, or referendum.
(3) Notwithstanding the provisions of Section 7-1-5, the
ordinance shall be enacted not less than 30 and not more than
45 days after the public hearing.
(4) No territory shall be annexed by any proceeding which
does not require the consent of the owner of record unless at
least one-third of such territory is used and occupied for
residential purposes at the time of annexation.
(Source: P.A. 85-1421.)
(65 ILCS 5/7-1-5.2) (from Ch. 24, par. 7-1-5.2)
Sec. 7-1-5.2. Annexation of contiguous territory
contributing to groundwater contamination.
(a) The corporate authorities of a municipality adjoining
unincorporated territory in which the majority of residential,
business, commercial, and industrial structures and

SB0189 - 31 - LRB101 06690 AWJ 51717 b
improvements are contaminating the groundwater of the State
through the direct discharge of sanitary sewerage into
underground mines and Class 5 injection wells, as defined by
the Illinois Groundwater Pollution Control Code, may annex that
territory, in whole or in part, after adopting an ordinance to
that effect and filing it with the clerk of the circuit court
of the county in which the territory is located. The ordinance
shall certify the following:
(1) That the territory sought to be annexed is
contiguous to the municipality seeking annexation and not
within the corporate boundaries of any other municipality.
(2) That a survey of all residential, business,
commercial, and industrial structures and improvements in
the territory sought to be annexed has shown that a
majority of those structures and improvements are
discharging untreated sanitary sewerage directly into
underground mines or Class 5 injection wells as defined by
the Illinois Groundwater Pollution Control Code.
(3) That the corporate authorities of the municipality
seeking annexation have approved a plan for eliminating
groundwater contamination by providing sanitary sewerage
collection and treatment facilities to serve the territory
sought to be annexed within 5 years from the date of
annexation to the municipality.
(4) That no tract of land in excess of 10 acres has
been included in the ordinance without the express consent

SB0189 - 32 - LRB101 06690 AWJ 51717 b
of the owner or owners of the tract.
The circuit court shall enter an order fixing the date and
time for a hearing on the proposed annexation. The date for the
hearing shall be not less than 20 nor more than 30 days after
the filing of the ordinance. The corporate authorities shall
give notice of the proposed annexation not more than 30 nor
less than 15 days before the date fixed for the hearing. This
notice shall state that an ordinance has been filed and shall
give the substance of the ordinance, including a description of
the territory to be annexed, the name of the annexing
municipality, and the date fixed for the hearing. This notice
shall be given by publishing it at least once in one or more
newspapers published in the annexing municipality or on the
annexing municipality's website. A copy of this notice shall be
filed with the clerk of the annexing municipality.
The corporate authorities shall pay to the clerk of the
circuit court $10 as a filing and service fee, and no ordinance
shall be filed until this fee is paid.
(b) After the filing of the ordinance, but not less than 5
days before the date fixed for the hearing, any interested
person may file with the clerk of the circuit court objections
(i) that the territory described in the ordinance is not
contiguous to the annexing municipality, (ii) that all or a
portion of the territory described in the ordinance is included
within the boundaries of another municipality, (iii) that a
majority of all residential, business, commercial, and

SB0189 - 33 - LRB101 06690 AWJ 51717 b
industrial structures and improvements in the territory sought
to be annexed are not discharging untreated sanitary sewerage
directly into underground mines or Class 5 injection wells as
defined by the Illinois Groundwater Pollution Control Code,
(iv) that the corporate authorities of the municipality seeking
annexation do not have a plan for eliminating groundwater
contamination by providing sanitary sewerage collection and
treatment facilities to serve the territory sought to be
annexed within 5 years from the date of annexation to the
municipality, (v) that the description of the territory
contained in the ordinance is inadequate, or (vi) that a tract
of land in excess of 10 acres has been included in the
ordinance without the express consent of the owner or owners of
the tract.
(c) The cause shall be heard without further pleadings. At
the hearing the objectors may be heard in person or by counsel.
The court shall hear and determine only objections set forth in
subsection (b). The only matters for determination at the
hearing shall be the validity of the annexation ordinance, and
the decision of the court shall be final. If the court finds
(i) that the territory described in the ordinance is not
contiguous to the annexing municipality, (ii) that all or a
portion of the territory described in the ordinance is included
within the boundaries of another municipality, (iii) that a
majority of all residential, business, commercial, and
industrial structures and improvements in the territory sought

SB0189 - 34 - LRB101 06690 AWJ 51717 b
to be annexed are not discharging untreated sanitary sewerage
directly into underground mines or Class 5 injection wells as
defined by the Illinois Groundwater Pollution Control Code,
(iv) that the corporate authorities of the municipality seeking
annexation do not have a plan for eliminating groundwater
contamination by providing sanitary sewerage collection and
treatment facilities to serve the territory sought to be
annexed within 5 years from the date of annexation to the
municipality, (v) that the description of the territory
contained in the ordinance is inadequate, or (vi) that a tract
of land in excess of 10 acres has been included in the
ordinance without the express consent of the owner or owners of
the tract, then the court shall find the ordinance invalid and
dismiss the petition.
If the court finds that the ordinance is valid, the court
shall (i) enter an order describing the territory to be
annexed, (ii) find that the ordinance complies with this
Section, and (iii) direct that the question of annexation be
submitted to the corporate authorities of the annexing
municipality for final action. A certified copy of the order of
the court directing that the question of annexation be
submitted to the corporate authorities shall be sent to the
clerk of the annexing municipality. A final order of the court
may be appealed as in other civil actions.
(d) After the municipal clerk receives the certified copy
of the court order, the corporate authorities of the annexing

SB0189 - 35 - LRB101 06690 AWJ 51717 b
municipality shall proceed to consider the question of the
annexation of the described territory. A majority vote of the
corporate authorities then holding office is required to annex
the territory. The vote shall be by "ayes" and "nays" entered
on the legislative records of the municipality. Except as
otherwise provided in Section 7-1-1, this decision of the
corporate authorities shall be effective after the expiration
of 30 days.
(Source: P.A. 87-1196.)
(65 ILCS 5/7-1-12) (from Ch. 24, par. 7-1-12)
Sec. 7-1-12. Upon a written petition which is signed by a
majority of the owners of record of land in any contiguous
unincorporated territory wholly bounded by 2 or more
municipalities and after the notice required by this Section
has been given, the specified territory may be annexed by any
one of the specified municipalities by the passage of an
ordinance providing therefor. The corporate authorities of the
annexing municipality shall cause notice of the filing of such
petition to be published once, in a newspaper of general
circulation within the territory to be annexed or on the
annexing municipality's website, not less than 10 days before
the passage of the annexation ordinance. When the territory to
be annexed lies wholly or partially within a township other
than that township where the municipality is situated, the
annexing municipality shall give at least 10 days prior written

SB0189 - 36 - LRB101 06690 AWJ 51717 b
notice of the time and place of the passage of the annexation
ordinance to the township supervisor of the township where the
territory to be annexed lies. The ordinance shall describe the
territory annexed, which may not exceed 1/3 the area of the
annexing municipality before the annexation. A copy of the
annexing ordinance and an accurate map of the annexed territory
shall be recorded by the recorder of the county wherein the
annexed territory is situated and a document of annexation
shall be filed with the county clerk and County Election
Authority.
(Source: P.A. 86-769.)
(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
Sec. 7-1-13. Annexation.
(a) Whenever any unincorporated territory containing 60
acres or less, is wholly bounded by (a) one or more
municipalities, (b) one or more municipalities and a creek in a
county with a population of 400,000 or more, or one or more
municipalities and a river or lake in any county, (c) one or
more municipalities and the Illinois State boundary, (d) except
as provided in item (h) of this subsection (a), one or more
municipalities and property owned by the State of Illinois,
except highway right-of-way owned in fee by the State, (e) one
or more municipalities and a forest preserve district or park
district, (f) if the territory is a triangular parcel of less
than 10 acres, one or more municipalities and an interstate

SB0189 - 37 - LRB101 06690 AWJ 51717 b
highway owned in fee by the State and bounded by a frontage
road, (g) one or more municipalities in a county with a
population of more than 800,000 inhabitants and less than
2,000,000 inhabitants and either a railroad or operating
property, as defined in the Property Tax Code (35 ILCS
200/11-70), being immediately adjacent to, but exclusive of
that railroad property, (h) one or more municipalities located
within a county with a population of more than 800,000
inhabitants and less than 2,000,000 inhabitants and property
owned by the State, including without limitation a highway
right-of-way owned in fee by the State, or (i) one or more
municipalities and property on which a federally funded
research facility in excess of 2,000 acres is located, that
territory may be annexed by any municipality by which it is
bounded in whole or in part, by the passage of an ordinance to
that effect after notice is given as provided in subsection (b)
of this Section. Land or property that is used for agricultural
purposes or to produce agricultural goods shall not be annexed
pursuant to item (g). Nothing in this Section shall subject any
railroad property to the zoning or jurisdiction of any
municipality annexing the property under this Section. The
ordinance shall describe the territory annexed and a copy
thereof together with an accurate map of the annexed territory
shall be recorded in the office of the recorder of the county
wherein the annexed territory is situated and a document of
annexation shall be filed with the county clerk and County

SB0189 - 38 - LRB101 06690 AWJ 51717 b
Election Authority. Nothing in this Section shall be construed
as permitting a municipality to annex territory of a forest
preserve district in a county with a population of 3,000,000 or
more without obtaining the consent of the district pursuant to
Section 8.3 of the Cook County Forest Preserve District Act nor
shall anything in this Section be construed as permitting a
municipality to annex territory owned by a park district
without obtaining the consent of the district pursuant to
Section 8-1.1 of the Park District Code.
(b) The corporate authorities shall cause notice, stating
that annexation of the territory described in the notice is
contemplated under this Section, to be published once, in a
newspaper of general circulation within the territory to be
annexed or on the annexing municipality's website, not less
than 10 days before the passage of the annexation ordinance,
and for land annexed pursuant to item (g) of subsection (a) of
this Section, notice shall be given to the impacted land
owners. The corporate authorities shall also, not less than 15
days before the passage of the annexation ordinance, serve
written notice, either in person or, at a minimum, by certified
mail, on the taxpayer of record of the proposed annexed
territory as appears from the authentic tax records of the
county. When the territory to be annexed lies wholly or
partially within a township other than the township where the
municipality is situated, the annexing municipality shall give
at least 10 days prior written notice of the time and place of

SB0189 - 39 - LRB101 06690 AWJ 51717 b
the passage of the annexation ordinance to the township
supervisor of the township where the territory to be annexed
lies. If the territory to be annexed lies within the
unincorporated area of a county, then the annexing municipality
shall give at least 10 days' prior written notice of the time
and place of the passage of the annexation ordinance to the
corporate authorities of the county where the territory to be
annexed lies.
(c) When notice is given as described in subsection (b) of
this Section, no other municipality may annex the proposed
territory for a period of 60 days from the date the notice is
mailed or delivered to the taxpayer of record unless that other
municipality has initiated annexation proceedings or a valid
petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
of this Code has been received by the municipality prior to the
publication and mailing of the notices required in subsection
(b).
(Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10;
96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff.
8-19-11.)
(65 ILCS 5/7-7-6) (from Ch. 24, par. 7-7-6)
Sec. 7-7-6. Publication of consolidation ordinance. At any
time not less than 30 nor more than 60 days prior to the
referendum thereon, the consolidation ordinance shall be
published by the clerk in a newspaper of general circulation in

SB0189 - 40 - LRB101 06690 AWJ 51717 b
each of the consolidating municipalities. The publication
requirement may also be satisfied by publication of the
consolidation ordinance on each of the consolidating
municipalities' websites.
(Source: P.A. 85-1159.)
(65 ILCS 5/8-1-12) (from Ch. 24, par. 8-1-12)
Sec. 8-1-12. Each warrant issued under Section 8-1-11 may
be made payable at the time fixed in the warrant and shall bear
interest, payable only out of the taxes against which it is
drawn, at a rate not to exceed the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the
making of the contract, from the date of its issuance until
paid, or until notice that the money for its payment is
available, and that it will be paid on presentation, is given
by publication 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. The publication requirement may also be
satisfied by publication of the notice on the municipality's
website. 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. However, a lower rate of interest may be
specified in the warrant, in which case the interest shall be
computed and paid at that lower rate. The amendatory Acts of

SB0189 - 41 - LRB101 06690 AWJ 51717 b
1971, 1972 and 1973 are not a limit upon any municipality which
is a home rule unit.
With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-4.)
(65 ILCS 5/8-2-6) (from Ch. 24, par. 8-2-6)
Sec. 8-2-6. Budget document; availability; hearing;
limitations on appropriations.
(a) The corporate authorities in municipalities specified
in Section 8-2-1 shall make the budget document as submitted by
the mayor conveniently available to public inspection for at
least 10 days before the passage of the annual appropriation
ordinance, by publication in the journal of the proceedings of

SB0189 - 42 - LRB101 06690 AWJ 51717 b
the corporate authorities or in another form prescribed by the
corporate authorities.
(b) Not less than one week after the publication of the
budget document, and before final action on the appropriation
ordinance, the corporate authorities shall hold at least one
public hearing on the budget document. Notice of this hearing
shall be given by publication in a newspaper having a general
circulation in the municipality or on the municipality's
website at least one week before the time of the hearing. After
the public hearing and before final action is taken on the
appropriation ordinance, the corporate authorities may revise,
alter, increase, or decrease the items contained in the budget
document. Upon completion of its action on the budget document,
the corporate authorities shall enact the budget document as so
revised as the annual appropriation ordinance.
(c) All of the requirements pertaining to the form and
substance of the budget document, including limitations, as
prescribed in Sections 8-2-1 through 8-2-8, shall be applicable
to the appropriation ordinance. Detailed schedules supporting
the appropriation ordinance shall be attached to the ordinance
and shall be published in the official record of the
municipalities simultaneously with the appropriation
ordinance, but shall not be considered as an official part of
the ordinance.
(d) The aggregate amount finally appropriated by the
appropriation ordinance, including any subsequent amendment of

SB0189 - 43 - LRB101 06690 AWJ 51717 b
the ordinance, from any fund or for any purpose (including
amounts appropriated for judgments and all other unpaid
liabilities and all other purposes for which the corporate
authorities are by this Section or otherwise by law required to
appropriate) shall not exceed the aggregate amount available in
that fund or for that purpose as shown by the estimates of the
available assets thereof at the beginning of the fiscal year
for which appropriations are made and of taxes and other
current revenue set forth in the budget document as submitted
to the corporate authorities or as revised by the budget
director. If the appropriations from any fund as set forth in
the appropriation ordinance as finally adopted exceed in the
aggregate the maximum amount that the corporate authorities are
authorized by this Section to appropriate from the fund, all
appropriations made from that fund by the appropriation
ordinance are void. In this latter event, the several amounts
appropriated for current operation and maintenance expense in
the appropriation ordinance of the last preceding fiscal year
shall be deemed to be appropriated for the fiscal year for
which the void appropriations were made for the objects and
purposes, respectively, as specified in the last preceding
appropriation ordinance. The several amounts so deemed to be
appropriated shall constitute lawful appropriations upon which
taxes for the fiscal year for which the void appropriations
were made may be levied under Section 8-3-1.
(e) The corporate authorities may amend the annual

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appropriation ordinance at their next regular meeting
occurring not less than 5 days after the passage of the
ordinance, in the same manner as other ordinances. If any item
of appropriation contained in the appropriation ordinance is
vetoed by the mayor, with a recommendation for a change in that
item, the adoption of the recommendation by a yea and nay vote
shall be regarded as the equivalent of an amendment of the
annual appropriation ordinance with the same effect as if an
amendatory ordinance were duly passed. The appropriation
ordinance, as originally passed or as subsequently amended,
also may be amended at any regular or special meeting of the
corporate authorities held not more than 15 days after the
first regular meeting of the corporate authorities occurring
not less than 5 days after the passage of the ordinance, by
repealing or reducing the amount of any item of appropriation
contained in the ordinance.
(Source: P.A. 87-1119.)
(65 ILCS 5/8-2-9) (from Ch. 24, par. 8-2-9)
Sec. 8-2-9. In municipalities with less than 500,000
inhabitants, the corporate authorities shall pass an ordinance
within the first quarter of each fiscal year, to be termed the
annual appropriation ordinance. In this ordinance, the
corporate authorities (i) may appropriate sums of money deemed
necessary to defray all necessary expenses and liabilities of
the municipalities, including the amounts to be deposited in

SB0189 - 45 - LRB101 06690 AWJ 51717 b
the reserves provided for in the Illinois Pension Code and (ii)
shall specify the objects and purposes for which these
appropriations are made and the amount appropriated for each
object or purpose. Among the objects and purposes specified
shall be the reserves provided for in the Illinois Pension
Code. Except as otherwise provided, no further appropriations
shall be made at any other time within the same fiscal year,
unless a proposition to make each additional appropriation has
been first sanctioned by a petition signed by electors of the
municipality numbering more than 50% of the number of votes
cast for the candidates for mayor or president at the last
preceding general municipal election at which a mayor or
president was elected, by a petition signed by them, or by a
majority of those voting on the question at a regular election
or at an emergency referendum authorized in accordance with the
general election law. The corporate authorities may by
ordinance initiate the submission of the proposition. During
any fiscal year, the corporate authorities in municipalities
subject to this Section may adopt a supplemental appropriation
ordinance in an amount not in excess of the aggregate of any
additional revenue available to the municipality, or estimated
to be received by the municipality after the adoption of the
annual appropriation ordinance for that fiscal year, or from
fund balances available when the annual appropriation
ordinance was adopted but that were not appropriated at that
time. The provisions of this Section prohibiting further

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appropriations without sanction by petition or election shall
not be applicable to the supplemental appropriation for that
fiscal year. The corporate authorities at any time, however, by
a two-thirds vote of all the members of the body, may make
transfers within any department or other separate agency of the
municipal government of sums of money appropriated for one
corporate object or purpose to another corporate object or
purpose, but no appropriation for any object or purpose shall
thereby be reduced below an amount sufficient to cover all
obligations incurred or to be incurred against the
appropriation. Nothing in this Section shall deprive the
corporate authorities of the power to provide for and cause to
be paid from the funds of the municipality any charge imposed
by law without the action of the corporate authorities, the
payment of which is ordered by a court of competent
jurisdiction.
At least 10 days before the adoption of the annual
appropriation ordinance, the corporate authorities of
municipalities over 2,000 in population shall make the proposed
appropriation ordinance or a formally prepared appropriation
or budget document upon which the annual appropriation
ordinance will be based conveniently available to public
inspection. In addition, the corporate authorities shall hold
at least one public hearing on that proposed appropriation
ordinance. Notice of this hearing shall be given publication in
one or more newspapers published in the municipality or, if

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there is none published in the municipality, in a newspaper
published in the county and having general circulation in the
municipality at least 10 days before the time of the public
hearing. The publication requirement may also be satisfied by
publication of the notice on the municipality's website at
least 10 days before the public hearing. The notice shall state
the time and place of the hearing and the place where copies of
the proposed appropriation ordinance or formally prepared
appropriation or budget document will be accessible for
examination. The annual appropriation ordinance may be adopted
at the same meeting at which the public hearing is held or at
any time after that public hearing.
After the public hearing and before final action is taken
on the appropriation ordinance, the corporate authorities may
revise, alter, increase, or decrease the items contained in the
ordinance.
Notwithstanding any above provision of this Section, any
municipality in which Article 5 becomes effective after the
annual appropriation ordinance has been passed for the current
fiscal year may amend the appropriation ordinance in any manner
necessary to make Article 5 fully operative in that
municipality for that fiscal year. No amendment shall be
construed, however, to affect any tax levy made on the basis of
the original appropriation ordinance.
This Section does not apply to municipalities operating
under special charters.

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(Source: P.A. 86-1470; 87-365.)
(65 ILCS 5/8-2-9.9) (from Ch. 24, par. 8-2-9.9)
Sec. 8-2-9.9. The corporate authorities shall make the
tentative annual budget conveniently available to public
inspection for at least ten days prior to the passage of the
annual budget, by publication in the journal of the proceedings
of the corporate authorities or in such other form as the
corporate authorities may prescribe. Not less than one week
after the publication of the tentative annual budget, and prior
to final action on the budget, the corporate authorities shall
hold at least one public hearing on the tentative annual
budget, after which hearing or hearings the tentative budget
may be further revised and passed without any further
inspection, notice or hearing. Notice of this hearing shall be
given by publication in a newspaper having a general
circulation in the municipality or on the municipality's
website at least one week prior to the time of the hearing.
(Source: P.A. 76-1117.)
(65 ILCS 5/8-3-19)
Sec. 8-3-19. Home rule real estate transfer taxes.
(a) After the effective date of this amendatory Act of the
93rd General Assembly and subject to this Section, a home rule
municipality may impose or increase a tax or other fee on the
privilege of transferring title to real estate, on the

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privilege of transferring a beneficial interest in real
property, and on the privilege of transferring a controlling
interest in a real estate entity, as the terms "beneficial
interest", "controlling interest", and "real estate entity"
are defined in Article 31 of the Property Tax Code. Such a tax
or other fee shall hereafter be referred to as a real estate
transfer tax.
(b) Before adopting a resolution to submit the question of
imposing or increasing a real estate transfer tax to
referendum, the corporate authorities shall give public notice
of and hold a public hearing on the intent to submit the
question to referendum. This hearing may be part of a regularly
scheduled meeting of the corporate authorities. The notice
shall be published not more than 30 nor less than 10 days prior
to the hearing in a newspaper of general circulation within the
municipality or on the municipality's website. The notice shall
be published in the following form:
Notice of Proposed (Increased) Real Estate Transfer
Tax for (commonly known name of municipality).
A public hearing on a resolution to submit to
referendum the question of a proposed (increased) real
estate transfer tax for (legal name of the municipality) in
an amount of (rate) to be paid by the buyer (seller) of the
real estate transferred will be held on (date) at (time) at
(location). The current rate of real estate transfer tax
imposed by (name of municipality) is (rate).

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Any person desiring to appear at the public hearing and
present testimony to the taxing district may do so.
(c) A notice that includes any information not specified
and required by this Section is an invalid notice. All hearings
shall be open to the public. At the public hearing, the
corporate authorities of the municipality shall explain the
reasons for the proposed or increased real estate transfer tax
and shall permit persons desiring to be heard an opportunity to
present testimony within reasonable time limits determined by
the corporate authorities. A copy of the proposed ordinance
shall be made available to the general public for inspection
before the public hearing.
(d) Except as provided in subsection (i), no home rule
municipality shall impose a new real estate transfer tax after
the effective date of this amendatory Act of 1996 without prior
approval by referendum. Except as provided in subsection (i),
no home rule municipality shall impose an increase of the rate
of a current real estate transfer tax without prior approval by
referendum. A home rule municipality may impose a new real
estate transfer tax or may increase an existing real estate
transfer tax with prior referendum approval. The referendum
shall be conducted as provided in subsection (e). An existing
ordinance or resolution imposing a real estate transfer tax may
be amended without approval by referendum if the amendment does
not increase the rate of the tax or add transactions on which
the tax is imposed.

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(e) The home rule municipality shall, by resolution,
provide for submission of the proposition to the voters. The
home rule municipality shall certify the resolution and the
proposition to the proper election officials in accordance with
the general election law. If the proposition is to impose a new
real estate transfer tax, it shall be in substantially the
following form: "Shall (name of municipality) impose a real
estate transfer tax at a rate of (rate) to be paid by the buyer
(seller) of the real estate transferred, with the revenue of
the proposed transfer tax to be used for (purpose)?". If the
proposition is to increase an existing real estate transfer
tax, it shall be in the following form: "Shall (name of
municipality) impose a real estate transfer tax increase of
(percent increase) to establish a new transfer tax rate of
(rate) to be paid by the buyer (seller) of the real estate
transferred? The current rate of the real estate transfer tax
is (rate), and the revenue is used for (purpose). The revenue
from the increase is to be used for (purpose).".
If a majority of the electors voting on the proposition
vote in favor of it, the municipality may impose or increase
the municipal real estate transfer tax or fee.
(f) Nothing in this amendatory Act of 1996 shall limit the
purposes for which real estate transfer tax revenues may be
collected or expended.
(g) A home rule municipality may not impose real estate
transfer taxes other than as authorized by this Section. This

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Section is a denial and limitation of home rule powers and
functions under subsection (g) of Section 6 of Article VII of
the Illinois Constitution.
(h) Notwithstanding subsection (g) of this Section, any
real estate transfer taxes adopted by a municipality at any
time prior to January 17, 1997 (the effective date of Public
Act 89-701) and any amendments to any existing real estate
transfer tax ordinance adopted after that date, in accordance
with the law in effect at the time of the adoption of the
amendments, are not preempted by this amendatory Act of the
93rd General Assembly.
(i) Within 6 months after the effective date of this
amendatory Act of the 95th General Assembly, by ordinance
adopted without a referendum, a home rule municipality with a
population in excess of 1,000,000 may increase the rate of an
existing real estate transfer tax by a rate of up to $1.50 for
each $500 of value or fraction thereof, or in the alternative
may impose a real estate transfer tax at a rate of up to $1.50
for each $500 of value or fraction thereof, which may be on the
buyer or seller of real estate, or jointly and severally on
both, for the sole purpose of providing financial assistance to
the Chicago Transit Authority. All amounts collected under such
supplemental tax, after fees for costs of collection, shall be
provided to the Chicago Transit Authority pursuant to an
intergovernmental agreement as promptly as practicable upon
their receipt. Such municipality shall file a copy of any

SB0189 - 53 - LRB101 06690 AWJ 51717 b
ordinance imposing or increasing such tax with the Illinois
Department of Revenue and shall file a report with the
Department each month certifying the amount paid to the Chicago
Transit Authority in the previous month from the proceeds of
such tax.
(Source: P.A. 95-708, eff. 1-18-08.)
(65 ILCS 5/8-4-20) (from Ch. 24, par. 8-4-20)
Sec. 8-4-20. After the ordinance providing for the issuance
of the refunding revenue bonds has been passed, it shall be
published at least once within 10 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. The
publication requirement may also be satisfied by publication of
the ordinance on the municipality's website at least once
within 10 days after its passage. 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 10 days after its publication.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/8-10-7) (from Ch. 24, par. 8-10-7)
Sec. 8-10-7. All proposals to award purchase orders or
contracts involving amounts in excess of $10,000 shall be

SB0189 - 54 - LRB101 06690 AWJ 51717 b
published at least 10 days, excluding Sundays and legal
holidays, in advance of the date announced for the receiving of
bids, in a secular English language daily newspaper of general
circulation throughout such municipality or on the
municipality's website and shall simultaneously be posted on
readily accessible bulletin boards in the office of the
purchasing agent. Nothing contained in this section shall be
construed to prohibit the purchasing agent from placing
additional announcements in recognized trade journals.
Advertisements for bids shall describe the character of the
proposed contract or agreement in sufficient detail to enable
the bidders thereon to know what their obligations will be,
either in the advertisement itself, or by reference to detailed
plans and specifications on file at the time of the publication
of the first announcement. Such advertisement shall also state
the date, time and place assigned for the opening of bids, and
no bids shall be received at any time subsequent to the time
indicated in the announcement. However, an extension of time
may be granted for the opening of such bids upon publication in
a secular English newspaper of general circulation throughout
such municipality of the date to which the bid opening has been
extended. The time of the bid extension opening shall not be
less than 5 days after the publication thereof, Sundays and
legal holidays excluded.
Cash, cashier's check, a certified check, a comptroller's
certificate of moneys owed the particular vendor, or a bid bond

SB0189 - 55 - LRB101 06690 AWJ 51717 b
with adequate surety approved by the purchasing agent as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount may be required of each
bidder by the purchasing agent on all bids involving amounts in
excess of $10,000 and, if so required, the advertisement for
bids shall so specify.
(Source: P.A. 84-1269.)
(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. The publication
requirement may also be satisfied by publication of the notice
on the municipality's website at least once a week for 8
successive weeks. 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

SB0189 - 56 - LRB101 06690 AWJ 51717 b
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.)
(65 ILCS 5/9-1-11) (from Ch. 24, par. 9-1-11)
Sec. 9-1-11. Whenever the treasurer of any municipality has
petitioned a court of record for directions as to the

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distribution 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, and, under order of
the court, public notice has been given of the amounts of
rebates payable and of the names of the persons entitled to
them by publication one time in a secular newspaper of general
circulation in the county where the municipality is located or
on the municipality's website, and more than one year has
elapsed since the publication of the notice, the judge of the
court of record may order the money remaining unclaimed to be
paid to the treasurer of the municipality in trust. However, in
all cases where all special assessment bonds in a special
assessment warrant have been paid and retired and where
reimbursements have been made, all moneys remaining in such
warrants shall be paid over and transferred to the general
corporate fund of the municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-2-52) (from Ch. 24, par. 9-2-52)
Sec. 9-2-52. Whenever sufficient funds are on hand, the
corporate authorities of the municipality issuing improvement
bonds shall direct the treasurer, or such other officer as may
be designated by ordinance for that purpose, to select by lot,
bonds of series to be paid, or the corporate authorities shall
direct the treasurer or the other officer so designated to make
a pro rata payment on all unpaid bonds in the series. The

SB0189 - 58 - LRB101 06690 AWJ 51717 b
treasurer or other officer so designated shall send notice by
registered mail to the address of the known owner of each of
the designated bonds as set out in the treasurer's records,
specifying a day not less than 30 days after the date of the
notice, upon which the designated bonds will be paid either in
full or in part, as the case may be, at his office. He shall
also supplement this notice by publishing a notice of the
number of bonds to be so paid, not less than 15 days prior to
the day set for payment, 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. The publication requirement may also
be satisfied by publication of the notice on the municipality's
website not less than 15 days prior to the day set for payment.
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 series thereof, the assessment to which they relate and the
particular bonds so selected to be paid if payment is to be
made in full or in case a pro rata payment is to be made, naming
the particular series upon which the partial payment is to be
made, and that the same will be paid at a place to be
specified.
Thereupon from the specified date of payment these bonds
shall be payable on demand either in full or in part, as the
case may be, at the place so appointed. No further interest

SB0189 - 59 - LRB101 06690 AWJ 51717 b
shall accrue on the bonds selected to be paid in full or on
that portion of the principal on bonds to be paid in part.
However, in municipalities, having a population of 100,000 or
more, the selection by lot and the mailing and publishing of
notice may be omitted if bonds or vouchers in any series having
sufficient funds on hand are presented for payment. In this
latter case the bonds so presented may be paid in full, both as
to principal and interest, in their order of presentation,
within the limits of the funds available.
The provisions of this section shall apply to all
proceedings now pending, proceedings in which judgment has been
entered, and all future proceedings, except that the provisions
of this section shall not apply to bonds issued under Section
9-2-127.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-2-53) (from Ch. 24, par. 9-2-53)
Sec. 9-2-53. Petitioner, in addition to other notices
hereinbefore provided for, shall publish a notice at least
twice, not more than 30 nor less than 15 days in advance of the
time at which confirmation of the specified assessment is to be
sought, 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.
The publication requirement may also be satisfied by
publication of the notice on the municipality's website at

SB0189 - 60 - LRB101 06690 AWJ 51717 b
least twice not more than 30 nor less than 15 days in advance
of the time at which confirmation of the specified assessment
is to be sought. 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 be over the name of the officer
levying the assessment, and shall be substantially as follows:
"SPECIAL ASSESSMENT NOTICE"
"Notice is hereby given to all persons interested that the
city council (or board of trustees, or other corporate
authority, as the case may be) of .... having ordered that
(here insert a brief description of the nature of the
improvement), the ordinance for the improvement being on file
in the office of the .... clerk, having applied to the ....
court of .... county for an assessment of the costs of the
improvement, according to benefits, and an assessment therefor
having been made and returned to that court, the final hearing
thereon will be had on (insert date), or as soon thereafter as
the business of the court will permit. All persons desiring may
file objections in that court before that day and may appear on
the hearing and make their defense."
(Here give date.)
.....
Where the assessment is payable in installments, the number
of installments and the rate of interest also shall be stated.

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(Source: P.A. 91-357, eff. 7-29-99.)
(65 ILCS 5/9-2-79) (from Ch. 24, par. 9-2-79)
Sec. 9-2-79. The collector receiving such a warrant shall
give notice thereof within 10 days by publishing a notice once
each week for 2 successive weeks 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. The publication
requirement may also be satisfied by publication of the notice
on the municipality's website beginning no later than 10 days
after the collector receives a warrant and once each week for 2
successive weeks. 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. This notice may be substantially in
the following form:
"SPECIAL ASSESSMENT NOTICE
Special Warrant, No. ....
Notice: Publication is hereby given that the (here insert title
of court) has rendered judgment for a special assessment (or
special tax) upon property benefited by the following
improvement: (here describe the character and location of the
improvement in general terms) as will more fully appear from
the certified copy of the judgment on file in my office; that
the warrant for the collection of this assessment (or special

SB0189 - 62 - LRB101 06690 AWJ 51717 b
tax) is in my possession. All persons interested are hereby
notified to call and pay the amount assessed at the collector's
office (here insert location of office) within 30 days from the
date hereof.
Dated (insert date).
.... (Collector)."
When such an assessment or special tax is levied to be paid
in installments, the notice shall contain also the amount of
each installment, the rate of interest deferred installments
bear, and the date when payable.
(Source: P.A. 91-357, eff. 7-29-99.)
(65 ILCS 5/9-2-84) (from Ch. 24, par. 9-2-84)
Sec. 9-2-84. In counties having a population of less than
1,000,000, the collector of the municipality, at any time after
August 15 in each year, shall publish an advertisement that a
return will be made to the general officer of the county having
authority to receive State and county taxes of all unpaid
special assessments or installments thereof matured and
payable, or interest thereon, or interest due to the preceding
January 2 on installments not yet matured on all warrants in
his hands. This advertisement (1) shall contain a list of the
delinquent lands, town lots, and real property upon which the
special assessment or installments thereof or interest thereon
remain unpaid, the name of the person shown by the county

SB0189 - 63 - LRB101 06690 AWJ 51717 b
collector's current warrant book to be the party in whose name
the general real estate taxes were last assessed for each such
property, the total amount due thereon, and the year for which
the same are due; (2) shall give notice that the general
officer of the county having authority to receive State and
county taxes in the county in which those lands, town lots, or
real property may be located, will make application on the day
specified therein, for judgment against those lands, town lots,
and real property for those special assessments, matured
installments of special assessments, interest and costs due
thereon, and for an order to sell those lands, town lots, and
real property for the satisfaction thereof; and (3) shall give
notice that on the Monday fixed by that general officer of the
county for sale, all the lands, town lots, and real property,
for the sale of which an order is made, will be exposed to
public sale at the court house in that county for the amount of
special assessments and matured installments of special
assessments, interest and costs due thereon. The advertisement
shall be sufficient notice of the intended application for
judgment and of the sale of those lands, town lots, and real
property under the order of the court.
Publication of the advertisement shall be made at least
once not more than 30 nor less than 15 days in advance of the
date upon which the judgment is to be sought. Such publication
shall be made in one or more newspapers published in the
municipality, or if no newspaper is published therein then in

SB0189 - 64 - LRB101 06690 AWJ 51717 b
one or more newspapers with a general circulation in the
municipality. The publication requirement may also be
satisfied by publication of the notice on the municipality's
website not more than 30 nor less than 15 days in advance of
the date upon which the judgment is to be sought. In
municipalities with less than 500 inhabitants, publication may
instead be made by posting a notice in 3 prominent places
within the municipality.
The municipal collector shall add to all special
assessments and matured installments of special assessments
and the interest thereon, when paid after August 15 in the year
when they became due and payable, an amount equal to the actual
costs, not to exceed 0.2% of the assessed value of each lot,
tract, or parcel of land upon which payment is made, to cover
the cost of the advertisement as required in this Division 2.
(Source: P.A. 91-864, eff. 6-22-00.)
(65 ILCS 5/9-2-103) (from Ch. 24, par. 9-2-103)
Sec. 9-2-103. Except as otherwise provided in Section
9-2-113, notice shall be given by the board of local
improvements that bids will be received for the construction of
such an improvement, either as a whole or in such sections as
the board shall specify in its notice, in accordance with the
ordinance therefor. This notice shall state the time of opening
of the bids, and shall further state where the specifications
for the improvement are to be found, and whether the contracts

SB0189 - 65 - LRB101 06690 AWJ 51717 b
are to be paid in cash or in bonds, and if in bonds, then the
rate of interest the vouchers or bonds shall draw. The notice
shall be published at least twice, not more than 30 nor less
than 15 days in advance of the opening of the bids, in one or
more newspapers designated by the board of local improvements
in an order entered in its records, published in the
municipality, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
municipality. The publication requirement may also be
satisfied by publication of the notice on the municipality's
website at least twice not more than 30 nor less than 15 days
of the opening of the bids. 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.
Proposals or bids may be made either for the work as a
whole or for specified sections thereof. All proposals or bids
offered shall be accompanied by cash, or by a check payable to
the order of the president of the board of local improvements
in his official capacity, certified by a responsible bank, for
an amount which shall not be less than 10% of the aggregate of
the proposal, or by a bid bond, for an amount which shall be
not less than 10% of the aggregate of the proposal. These
proposals or bids shall be delivered to the board of local
improvements. That board, in open session, at the time and
place fixed in the specified notice, shall examine and publicly

SB0189 - 66 - LRB101 06690 AWJ 51717 b
declare the proposals or bids. However, no proposals or bids
shall be considered unless accompanied by such a check or cash.
(Source: P.A. 91-296, eff. 1-1-00.)
(65 ILCS 5/9-2-108) (from Ch. 24, par. 9-2-108)
Sec. 9-2-108. Except as otherwise provided in Section
9-2-113, a notice of such an award of contract shall be
published in one or more newspapers, designated by the board of
local improvements in an order entered in its records,
published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality. The publication
requirement may also be satisfied by publication of the notice
on the municipality's website. 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.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-2-113) (from Ch. 24, par. 9-2-113)
Sec. 9-2-113. In any case where an improvement is to be
constructed with the aid and assistance of any agency of the
Federal Government, or any other governmental agency, the
provisions of Sections 9-2-100 through 9-2-112 shall not apply
where they conflict with this section. The board of local
improvements in cities having a population of 500,000 or more

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and the corporate authorities in municipalities having a
population of less than 500,000 may proceed at any time within
90 days after the judgment of confirmation has been entered in
the construction of the work. Within 90 days after the judgment
of confirmation the board of local improvements in cities
having a population of 500,000 or more and the corporate
authorities in municipalities having a population of less than
500,000, shall adopt a resolution determining to proceed with
the construction of the work, publish the resolution within 10
days 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.
The publication requirement may also be satisfied by
publication of the resolution on the municipality's website
within 10 days after the resolution's passage. 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.
Ten days after the publishing of this resolution a copy
thereof, properly certified, shall be filed in the court in
which the judgment of confirmation was entered. This resolution
shall be authority for the issuing of the warrant to the
collector for the collection of the assessment. Each assessment
shall draw interest from the date of passage of the resolution
of intention to proceed with the work, as provided in Sections
9-2-48 through 9-2-51.

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After this resolution has been filed and a warrant issued
to the collector for the collection of the assessment, the
municipality may issue bonds or vouchers to anticipate the
collection of the unpaid portions of all installments of the
assessment, including the first installment if it has not been
certified delinquent, for the purpose of applying the proceeds
of the bonds toward paying the cost of the improvement,
including all expenses of making, levying, collecting the
assessment and engineering and attorneys' fees. These bonds if
issued shall be sold for not less than par and accrued interest
and the proceeds used for that purpose, or the bonds may be
issued, for not less than par and accrued interest, in payment
for materials, labor, or services.
No person furnishing materials or supplying labor for the
construction of any such local improvement shall have any claim
or lien against the municipality except from the collection of
the special assessments or special taxes made or to be made for
that work, or from the proceeds of the sale of bonds to
anticipate the collection of the same in case such bonds have
been sold.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-2-115) (from Ch. 24, par. 9-2-115)
Sec. 9-2-115. In every assessment proceeding in which the
assessment is divided into installments, the board of local
improvements shall state in the certificate whether or not the

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improvement conforms substantially to the requirements of the
original ordinance for the construction of the improvements,
and shall make an application to the court to consider and
determine whether or not the facts stated in the certificate
are true. Thereupon the court, upon such an application, shall
fix a time and place for a hearing upon the application, and
shall record the application. The time of this hearing shall be
not less than 15 days after the filing of the certificate and
application. Public notice shall be given at least twice of the
time and place fixed for that hearing by publishing in a
newspaper or at least twice on the municipality's website, in
the same manner and for the same period as provided in this
Division 2 for publishing notice of application for the
confirmation of the original assessment, the publication of
this notice to be not more than 30 nor less than 15 days before
the day fixed by the order for that hearing.
At the time and place fixed by the notice or at any time
thereafter, the court shall proceed to hear the application and
any objection which may be filed thereto within the time fixed
in the order. Upon that hearing the specified certificate of
the board of local improvements shall be prima facie evidence
that the matters and things stated are true, but if any part
thereof is controverted by objections duly filed thereto, the
court shall hear and determine the objections in a summary
manner and shall enter an order according to the fact.
(Source: P.A. 79-1361.)

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(65 ILCS 5/9-2-123) (from Ch. 24, par. 9-2-123)
Sec. 9-2-123. Accompanying the petition there shall be
filed an assessment roll setting forth a description of the
lots, blocks, tracts, and parcels of land assessed in the
original proceeding, the total amount of the unpaid
installments, and the interest thereon proposed to be extended
against each tract, the amount, number and due date of each
installment of the proposed extended assessment.
The assessment as extended shall be collected in the same
manner as the original assessment.
When this petition is filed it shall be presented to the
court and if found to be in proper form the court shall set the
petition for hearing at such date as will enable the clerk of
the court to give at least 10 days' notice of the hearing
thereon, and it is the duty of the clerk to publish a notice at
least twice, not more than 30 nor less than 15 days before the
date set for hearing, 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. The publication requirement may also
be satisfied by having the municipality publish the notice on
the municipality's website not more than 30 nor less than 15
days before the hearing. 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

SB0189 - 71 - LRB101 06690 AWJ 51717 b
within the municipality. This notice shall set forth the filing
of the petition, the docket and warrant number of the
assessment and the installment or installments thereof
proposed to be extended and the number of installments in which
it is proposed to divide the extended assessment. The notice
shall also state when and where the court will hear objections
to the petition.
At this hearing the court may extend the time of payment of
one or more installments of the assessment, change the number
of installments in which the assessment is divided, and subject
to the provisions of Sections 9-2-120 through 9-2-124, provide
for the details of the issuance of the refunding securities, in
accordance with the prayer of the petition, and enter an order
confirming the assessment as extended.
Any property owner may pay the original assessment or any
installment to be extended within 10 days after the entry of
such an order. Upon the expiration of 10 days after the entry
of such an order the corporate authorities shall issue the
refunding securities authorized by the order of the court, but
the delivery of the refunding securities shall be simultaneous
with the surrender of the securities to be refunded or paid.
The securities so surrendered shall be immediately cancelled.
The collection and payment of the extended assessment and the
securities issued under Sections 9-2-120 through 9-2-124 shall
be in the manner as now provided by law.
(Source: P.A. 79-1361.)

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(65 ILCS 5/9-2-129) (from Ch. 24, par. 9-2-129)
Sec. 9-2-129. The municipality shall have the right to call
and pay the bonds authorized in Section 9-2-127, or any number
thereof, in the following manner:
Whenever there are sufficient funds in the hands of the
treasurer to redeem one or more of the bonds, after the payment
of all interest due, and after the establishment of such
reserve, if any, as the treasurer in his discretion may deem
advisable to pay interest to become due at the next interest
coupon date, the treasurer, by publication or posting of notice
as provided in this section, shall call and pay such bond or
bonds. The treasurer shall cause notice of such call for
payment to be published 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,
and if there be no such newspaper, then by posting in at least
3 prominent places within the municipality The publication
requirement may also be satisfied by publication of the notice
on the municipality's website.. The notice shall specify the
number or numbers of the bonds called, designating the
assessment against which the bonds have been issued, and
directing presentation of such bonds for payment and
cancellation, and indicating that interest will cease on the
bonds not less than 5 nor more than 30 days from the date of
publication of such notice or posting, and thereafter the bonds

SB0189 - 73 - LRB101 06690 AWJ 51717 b
shall cease to bear interest. The presentation of any bond to
the treasurer for payment shall waive the necessity of giving
notice of its call for payment.
The treasurer upon accumulation of sufficient funds shall
pay one or more bonds and shall call and pay such bonds. Any
bondholder or holder of any interest coupon appertaining to any
bond, after giving reasonable notice, shall be entitled to
summary relief by mandamus or injunction to enforce these
provisions.
When bonds are issued under Section 9-2-127, all
collections of the special assessment installments and all
interest collected shall constitute a single fund which shall
be applied first to the payment of interest due, and to the
establishment of such reserve, if any, as the treasurer in his
discretion may deem advisable to pay interest to become due at
the next interest coupon date, and then to the redemption and
payment of bonds as provided herein. However, in municipalities
having a population of less than 500,000, where the ordinance
for the improvement provides for the collection of costs,
collections made on the first installment shall be used first
to pay such costs, and any surplus shall be used to pay bonds
and interest thereon as provided herein. Provision as to
redemption and call of the bonds shall be inserted in each of
the bonds issued in accordance with the provisions of this
Section 9-2-129.
(Source: Laws 1961, p. 576.)

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(65 ILCS 5/9-3-11) (from Ch. 24, par. 9-3-11)
Sec. 9-3-11. Any local improvement ordinance passed by the
corporate authorities shall be published one time in a
newspaper published and of general circulation in such
municipality, if there be one, and if there be no such
newspaper, then such ordinance shall be posted in not less than
3 public places in such municipality. The publication
requirement may also be satisfied by publication of the
ordinance on the municipality's website. Such ordinance shall
not become effective until 10 days after publication or
posting, as the case may be.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-3-13) (from Ch. 24, par. 9-3-13)
Sec. 9-3-13. After filing of the petition as provided in
Section 9-3-12, the court shall enter an order setting a date
for hearing on the question of benefits, and direct that notice
be given by the committee on local improvements of the pendency
of the proceeding. The notice shall state generally the nature
of the improvement, the pendency of the proceeding, the time
and place of filing the petition therefor, that an assessment
roll has been filed, and the time and place at which an
application will be made for confirmation of the assessment,
the same to be not less than 15 days after the mailing of such
notice. Such notice shall be sent by mail, postpaid, to each

SB0189 - 75 - LRB101 06690 AWJ 51717 b
person paying the taxes on the respective parcels during the
last preceding year during which taxes were paid, at his
residence as shown in the assessment roll, or if not shown,
then to each person so paying the taxes directed generally to
the municipality in which the improvement is proposed to be
made. Such notice shall also state the amount assessed, the
person to whom the same is directed for the improvement
proposed, and the total cost of such improvement, and the total
amount assessed as benefit upon the public, and if the
assessment is to be payable in installments, the number of
installments thereof and the rate of interest it shall bear. An
affidavit shall be filed before the final hearing thereon by
the committee on local improvements showing a compliance with
the requirements of this section and also showing that the
committee on local improvements caused to be made under its
direction, or that it made a careful examination of the county
collector's books showing the payments of general taxes during
the last preceding year, in which the taxes were paid thereon,
to ascertain the person who last paid the taxes on the
respective parcels, and a diligent search for such person's
residence, and that the assessment roll filed in court
correctly states the same as ascertained by the committee on
local improvements, or as ascertained under its direction. If
the report and affidavit shall be found in any respect wilfully
false, the persons making the same shall be guilty of perjury,
and subject to the pains and penalties provided for such

SB0189 - 76 - LRB101 06690 AWJ 51717 b
offense by the laws of this State.
In addition to the mailing of the notice, notice shall also
be given by the committee on local improvements at least 15
days prior to the date set for the hearing by posting notice in
at least 4 public places in such municipality, all of which
shall be in the neighborhood of such proposed improvement, and
within the boundaries of the area described as probably
benefited, and as in this Division 3 provided, and by
publishing the same once each week for 2 successive weeks in a
daily or weekly newspaper published in the municipality, the
first publication thereof to be at least 15 days prior to the
date set for the hearing on benefits, or if there be no
newspaper published and of general circulation in such
municipality, then by publication in a newspaper published in
the county and of general circulation therein. The newspaper
publication requirement may also be satisfied by publication of
the notice on the municipality's website once each week for 2
successive weeks. Such notice shall state the pendency of the
proceedings, set forth a brief general description of the
nature of the improvement, refer to the fact that the ordinance
for the same is on file in the office of the municipal clerk
for public inspection, together with plans, specifications and
an estimate of cost of the improvements, and that such
municipality has applied to the court, designating the court,
for the levying of a special assessment, that the assessment
roll has been filed in court and stating the date when the

SB0189 - 77 - LRB101 06690 AWJ 51717 b
hearing thereon will be had, and that all persons desiring may
file objections to the assessment on any particular lot, parcel
or tract before the date set for said hearing, and may appear
at the hearing and make their defense as to the question of
benefits. If the assessment is to be payable in installments,
then such notice shall state the number of installments and the
rate of interest the installment shall bear.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-3-25) (from Ch. 24, par. 9-3-25)
Sec. 9-3-25. Notice for bids for the construction of the
improvement shall be published in at least one issue of a
newspaper published and of general circulation in such
municipality, if there is one, and if there is no such
newspaper then by publishing such notice in some newspaper
published in and of general circulation in the county in which
such municipality is located. The publication requirement may
also be satisfied by publication of the notice on the
municipality's website. Such publication shall be made at least
10 days prior to the date fixed for the opening of bids for
such work, and an additional notice may be published in trade
journals or other newspapers as the governing body may
determine. The notice for bids shall state (1) the general
nature and character of the work to be done; (2) the engineer's
estimate of the amount to be paid the contractor, and that no
contract will be awarded in excess thereof; (3) when and where

SB0189 - 78 - LRB101 06690 AWJ 51717 b
bids will be opened; (4) that plans, profiles and
specifications for such work and form of contract and bond for
completion and maintenance of work are on file in the office of
the clerk of such municipality for public inspection; and (5)
that each bidder must file with his bid cash or a certified
check satisfactory to the governing body in an amount equal to
10% of the estimated amount to be paid the contractor, such
cash or certified check to be held by the municipality as
damages for failure to execute the contract and bond for
performance of such work. Right shall be reserved to reject any
or all bids. Such notice shall also state the number of
installments the assessment has been divided into and the rate
of interest the bonds to be issued in anticipation of the
assessment shall bear. Such notice shall be signed by the
municipal clerk. If bonds are to be issued in anticipation of
the collection of the assessments, the corporate authorities
shall, prior to the date set for receiving the bids, fix the
rate of interest the bonds are to bear. Such interest rate
shall be one per cent less than the interest rate the
installments of the assessments are to bear. It shall be stated
in the notice whether payment will be made in bonds or cash.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-3-32) (from Ch. 24, par. 9-3-32)
Sec. 9-3-32. Within 30 days after the completion of the
work, the committee on local improvements shall certify the

SB0189 - 79 - LRB101 06690 AWJ 51717 b
fact that the work has been completed and accepted by the
corporate authorities of such municipality, setting forth the
total amount due the contractor for the construction of the
work, the amount of the vouchers payable either in cash or
bonds that have been delivered to the contractor from time to
time as the work progressed, and the amount still due the
contractor. The corporate authorities upon receipt of the
certificate shall set a date for consideration and hearing upon
the question of whether or not the work has been completed in
substantial compliance with the plans, specifications and
contract for the construction thereof, and shall direct the
clerk to give notice of the date set for the hearing. Such
notice shall be published at least once each week for 2
successive weeks in a daily or weekly newspaper published and
of general circulation in such municipality, if there is such a
newspaper. If there is no such newspaper, then notice shall be
given by posting in not less than 4 public places in such
municipality, and in at least 4 places within the boundaries of
the area designated by the committee on local improvements as
probably benefited by the improvement. The publication
requirement may also be satisfied by publication of the notice
on the municipality's website at least once each week for 2
successive weeks. The first publication or the first posting of
such notice shall be at least 15 days prior to the date fixed
for such hearing. Any person interested may, prior to the date
fixed for such hearing, file written objections to the

SB0189 - 80 - LRB101 06690 AWJ 51717 b
acceptance of such work, stating specifically the reasons
therefor, and shall have the right to be heard at the time and
place fixed by the governing body to hear and consider the
same. At the time and place fixed, the corporate authorities
shall hear any and all objections that have been filed in
writing to the acceptance of the completed work and the
corporate authorities shall have authority to continue the
hearing from time to time, but for a period of not more than 30
days from the date set for such hearing, to consider written
objections filed to the acceptance of the work and to give all
persons an opportunity to be heard thereon. At such hearing the
certificate of the committee on local improvements shall be
prima facie evidence that the matter and things stated therein
are true, but if any parts thereof are controverted by written
objections duly filed, the corporate authorities shall hear and
determine the same in a summary manner and shall enter an order
according to the facts. Such order shall be conclusive upon all
parties and no party shall be allowed to review or reverse the
order of the corporate authorities. If upon such hearing the
corporate authorities shall find the allegations of the
certificate to be incorrect, it shall enter an order
accordingly and it shall then be the duty of the committee on
local improvements to procure the completion of such
improvement in substantial compliance with the ordinance and
the plans and specifications therefor. The committee on local
improvements shall from time to time file additional or

SB0189 - 81 - LRB101 06690 AWJ 51717 b
supplemental applications to the corporate authorities for
final acceptance of the work until the corporate authorities
shall eventually be satisfied that the allegations in such
certificates are true and that the improvement has been
constructed in substantial compliance with the plans,
specification and ordinance.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-3-36) (from Ch. 24, par. 9-3-36)
Sec. 9-3-36. Whenever there are sufficient funds in the
hands of the treasurer after the payment of all interest due
and to become due within 6 months, the treasurer shall on the
first day of October of any year, or at any other time there
are sufficient funds for that purpose on hand during the year,
give notice by registered mail, addressed to the last
registered holder of the bonds called at the address appearing
upon his registry, that there are funds sufficient to pay the
designated bonds and interest thereon to date 30 days hence
from the date of such notice and directing presentation of such
bonds for payment and cancellation, and the bonds shall cease
to bear interest after the expiration of the 30 days and upon
payment and cancellation of the bonds proper entry thereof
shall be made upon the books of the treasurer. The treasurer,
upon accumulation of sufficient funds, as herein provided,
shall pay one or more bonds and shall call and pay such bonds,
and any bondholder or holder of any interest coupon

SB0189 - 82 - LRB101 06690 AWJ 51717 b
appertaining to any bond shall be entitled to summary relief by
mandamus or injunction to enforce the provisions hereof. In
addition to giving notice by registered mail to the last
registered holder of such bonds, the treasurer shall cause to
be published in a newspaper published and of general
circulation in such municipality, if there is such a newspaper.
If there is no such newspaper, the notice shall be given by
posting in at least 3 places within the area designated as
probably benefited by the improvement. The publication
requirement may also be satisfied by publication of the notice
on the municipality's website. Such notice shall be a notice of
call and redemption addressed to all unknown bondholders
specifying the number of the bonds called and designating the
assessment against which the bonds have been issued, and
indicating that interest will cease on the bonds 30 days from
and after the date of publication of such notice, and
thereafter the bonds shall cease to bear interest. Provisions
as to redemption and call of the bonds shall be inserted in
each of the bonds issued in accordance with the provisions of
this Division 3.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/9-3-46) (from Ch. 24, par. 9-3-46)
Sec. 9-3-46. Subsequent to the issuance of the certificate
of sale and 30 days prior to the expiration of the period of
redemption the purchaser or his assignee shall cause written

SB0189 - 83 - LRB101 06690 AWJ 51717 b
notice of the date of the expiration of the period of
redemption to be served on the occupant of the premises
described in the certificate, if the premises are occupied and
proof of such notice shall be made to the court. The purchaser
or his assignee shall also cause notice to be published in at
least one issue of some newspaper published and of general
circulation in the municipality where the real estate is
situated, if there is such newspaper. Otherwise such
publication shall be made in some newspaper published and of
general circulation in the county, addressed to "All Owners,
Parties Concerned and Persons Interested", setting forth a
description of the real estate sold and not then redeemed, the
date of sale, the date of the expiration of the period of
redemption, when and where application will be made for deed to
be issued pursuant to the provisions of this Division 3, and
the docket number of the foreclosure proceedings. If the
purchaser or assignee is a municipality, the publication
requirement may also be satisfied by publication of the notice
on the municipality's website. Such notice shall be published
subsequent to the issuance of the certificate of sale and at
least 30 days prior to the date of the expiration of the period
of redemption.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-4-8) (from Ch. 24, par. 11-4-8)
Sec. 11-4-8. The county board and the board of trustees of

SB0189 - 84 - LRB101 06690 AWJ 51717 b
any village or incorporated town, in any county in this state,
in which a house of correction is established, may enter into
an agreement with the corporate authorities of such city, or
with any authorized agent or officer in behalf of such city, to
receive and keep in the house of correction any person or
persons who may be sentenced or committed thereto, by any
court, in any of such counties. Whenever such agreement is
made, the county board for any county in behalf of which such
agreement is made, or of the trustees of the village or
incorporated town, in behalf of which, such agreement is made,
as the case may be, shall give public notice thereof in some
newspaper printed and published within the county for a period
not less than 4 weeks. The publication requirement may also be
satisfied by publication of the notice on the county's website
for not less than 4 weeks. Such notice shall state the period
of time for which such agreement will remain in force.
(Source: P.A. 77-1295.)
(65 ILCS 5/11-7-3) (from Ch. 24, par. 11-7-3)
Sec. 11-7-3. In any municipality which is authorized to
levy a tax under Section 11-7-1 of this Division 7, the tax
rate limit so authorized may be increased to not to exceed
.40%, or beginning in taxable year 2000, .60%, of the value of
all the taxable property in such municipality, provided the
proposition for such tax rate increase has been submitted to
the electors of that municipality and approved by a majority of

SB0189 - 85 - LRB101 06690 AWJ 51717 b
those voting on the question. The referendum authorized by the
terms of this section may be ordered by the corporate
authorities, the question to be certified by the clerk and
submitted at an election in accordance with the general
election law.
However, any municipality whose rate limitation for fire
protection purposes is .30% on July 1, 1967 may by ordinance
increase its rate limit in the future for such purposes to .40%
and any municipality which levied a tax for fire protection
purposes in 1960 and whose rate limitation for such purposes is
less than .30% on July 29, 1969 may by ordinance increase its
rate limit to .30%. A notice of the passage of the ordinance
establishing such rate limit at not to exceed .40% or .30%, as
the case may be, shall be published once in a newspaper having
a general circulation in the municipality or on the
municipality's website. The publication of the notice of the
ordinance shall include a notice of (1) the specific number of
voters required to sign a petition requesting that the question
of the increased rate limit be submitted to the voters of the
municipality; (2) the time within which the petition must be
filed; and (3) the date of the prospective referendum. The
municipal clerk shall provide a petition form to any individual
requesting one.
The ordinance shall take effect 30 days after publication
of that notice unless within that time a petition, signed by
not less than a number of voters in the municipality equal to

SB0189 - 86 - LRB101 06690 AWJ 51717 b
10% or more of the registered voters of the municipality is
filed with the municipal clerk requesting the submission to a
referendum of the question of whether the municipality shall
have the authority to levy a tax for fire protection purposes
at not to exceed the rate limit specified in the ordinance. Any
such election shall be conducted in accordance with the general
election law.
(Source: P.A. 91-299, eff. 7-29-99.)
(65 ILCS 5/11-13-2) (from Ch. 24, par. 11-13-2)
Sec. 11-13-2. The corporate authorities in each
municipality which desires to exercise the powers conferred by
this Division 13, or who have exercised such power and desire
to adopt a new ordinance, shall provide for a zoning commission
with the duty to recommend the boundaries of districts and
appropriate regulations to be enforced therein. The commission
shall be appointed by the mayor or president, subject to
confirmation by the corporate authorities. The commission
shall prepare a tentative report and a proposed zoning
ordinance for the entire municipality. After the preparation of
such a tentative report and ordinance, the commission shall
hold a hearing thereon and shall afford persons interested an
opportunity to be heard. Notice of the hearing shall be
published at least once, not more than 30 nor less than 15 days
before the hearing, in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in

SB0189 - 87 - LRB101 06690 AWJ 51717 b
one or more newspapers published in the county in which the
municipality is located and having a general circulation within
the municipality. The publication requirement may also be
satisfied by publication of the notice on the municipality's
website not more than 30 nor less than 15 days before the
hearing. The notice shall state the time and place of the
hearing and the place where copies of the proposed ordinance
will be accessible for examination by interested persons. The
hearing may be adjourned from time to time.
Within 30 days after the final adjournment of the hearing
the commission shall make a final report and submit a proposed
ordinance for the entire municipality to the corporate
authorities. The corporate authorities may enact the ordinance
with or without change, or may refer it back to the commission
for further consideration. The zoning commission shall cease to
exist upon the adoption of a zoning ordinance for the entire
municipality.
(Source: P.A. 80-452.)
(65 ILCS 5/11-13-6) (from Ch. 24, par. 11-13-6)
Sec. 11-13-6. No variation shall be made by the board of
appeals in municipalities of 500,000 or more population or by
ordinance in municipalities of lesser population except in a
specific case and after a public hearing before the board of
appeals of which there shall be a notice of the time and place
of the hearing published at least once, not more than 30 nor

SB0189 - 88 - LRB101 06690 AWJ 51717 b
less than 15 days before the hearing, 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 which is published in the
county where the municipality is located. The publication
requirement may also be satisfied by publication of the notice
on the municipality's website not more than 30 nor less than 15
days before the hearing. This notice shall contain the
particular location for which the variation is requested as
well as a brief statement of what the proposed variation
consists. Any notice required by this Section need not include
a metes and bounds legal description of the location for which
the variation is requested, provided that the notice includes:
(i) the common street address or addresses and (ii) the
property index number ("PIN") or numbers of all the parcels of
real property contained in the area for which the variation is
requested.
(Source: P.A. 97-336, eff. 8-12-11.)
(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
Sec. 11-13-14. The regulations imposed and the districts
created under the authority of this Division 13 may be amended
from time to time by ordinance after the ordinance establishing
them has gone into effect, but no such amendments shall be made
without a hearing before some commission or committee
designated by the corporate authorities. Notice shall be given

SB0189 - 89 - LRB101 06690 AWJ 51717 b
of the time and place of the hearing, not more than 30 nor less
than 15 days before the hearing, by publishing a notice thereof
at least once in one or more newspapers published in the
municipality, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
municipality. The publication requirement may also be
satisfied by publication of the notice on the municipality's
website not more than 30 nor less than 15 days before the
hearing. In municipalities with less than 500 population in
which no newspaper is published, publication may be made
instead by posting a notice in 3 prominent places within
municipality. In case of a written protest against any proposed
amendment of the regulations or districts, signed and
acknowledged by the owners of 20% of the frontage proposed to
be altered, or by the owners of 20% of the frontage immediately
adjoining or across an alley therefrom, or by the owners of the
20% of the frontage directly opposite the frontage proposed to
be altered, is filed with the clerk of the municipality, the
amendment shall not be passed except by a favorable vote of
two-thirds of the aldermen or trustees of the municipality then
holding office. In such cases, a copy of the written protest
shall be served by the protestor or protestors on the applicant
for the proposed amendments and a copy upon the applicant's
attorney, if any, by certified mail at the address of such
applicant and attorney shown in the application for the
proposed amendment. Any notice required by this Section need

SB0189 - 90 - LRB101 06690 AWJ 51717 b
not include a metes and bounds legal description, provided that
the notice includes: (i) the common street address or addresses
and (ii) the property index number ("PIN") or numbers of all
the parcels of real property contained in the affected area.
(Source: P.A. 97-336, eff. 8-12-11.)
(65 ILCS 5/11-13-26)
Sec. 11-13-26. Wind farms. Notwithstanding any other
provision of law:
(a) A municipality may regulate wind farms and
electric-generating wind devices within its zoning
jurisdiction and within the 1.5 mile radius surrounding its
zoning jurisdiction. There shall be at least one public
hearing not more than 30 days prior to a siting decision by
the corporate authorities of a municipality. Notice of the
hearing shall be published in a newspaper of general
circulation in the municipality or on the municipality's
website. A commercial wind energy facility owner, as
defined in the Renewable Energy Facilities Agricultural
Impact Mitigation Act, must enter into an agricultural
impact mitigation agreement with the Department of
Agriculture prior to the date of the required public
hearing. A commercial wind energy facility owner seeking an
extension of a permit granted by a municipality prior to
July 24, 2015 (the effective date of Public Act 99-132)
must enter into an agricultural impact mitigation

SB0189 - 91 - LRB101 06690 AWJ 51717 b
agreement with the Department of Agriculture prior to a
decision by the municipality to grant the permit extension.
A municipality may allow test wind towers to be sited
without formal approval by the corporate authorities of the
municipality. Test wind towers must be dismantled within 3
years of installation. For the purposes of this Section,
"test wind towers" are wind towers that are designed solely
to collect wind generation data.
(b) A municipality may not require a wind tower or
other renewable energy system that is used exclusively by
an end user to be setback more than 1.1 times the height of
the renewable energy system from the end user's property
line. A setback requirement imposed by a municipality on a
renewable energy system may not be more restrictive than as
provided under this subsection. This subsection 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.
(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
99-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
(65 ILCS 5/11-14-3) (from Ch. 24, par. 11-14-3)
Sec. 11-14-3. The regulations imposed under the authority
of this Division 14 may be amended from time to time by
ordinance after the ordinance establishing the regulations has

SB0189 - 92 - LRB101 06690 AWJ 51717 b
gone into effect, but no amendment shall be made without a
hearing before a commission or committee designated by the
corporate authorities of the municipality. A notice of the time
and place of such a hearing shall be given at least once, not
more than 30 nor less than 15 days before the hearing, by
publishing a notice thereof 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. The publication requirement may also
be satisfied by publication of the notice on the municipality's
website not more than 30 nor less than 15 days before the
hearing. 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. An amendment shall not be passed except by a
favorable vote of two-thirds of the members of the city council
then holding office in cities or members of the board of
trustees then holding office in villages or incorporated towns.
(Source: Laws 1967, p. 3425.)
(65 ILCS 5/11-15.1-3) (from Ch. 24, par. 11-15.1-3)
Sec. 11-15.1-3. Any such agreement executed after July 31,
1963 and all amendments of annexation agreements, shall be
entered into in the following manner. The corporate authorities
shall fix a time for and hold a public hearing upon the
proposed annexation agreement or amendment, and shall give

SB0189 - 93 - LRB101 06690 AWJ 51717 b
notice of the proposed agreement or amendment not more than 30
nor less than 15 days before the date fixed for the hearing.
This notice shall be published at least once in one or more
newspapers published in the municipality, or, if no newspaper
is published therein, then in one or more newspapers with a
general circulation within the annexing municipality. The
publication requirement may also be satisfied by publication of
the notice on the municipality's website not more than 30 nor
less than 15 days before the hearing. After such hearing the
agreement or amendment may be modified before execution
thereof. The annexation agreement or amendment shall be
executed by the mayor or president and attested by the clerk of
the municipality only after such hearing and upon the adoption
of a resolution or ordinance directing such execution, which
resolution or ordinance must be passed by a vote of two-thirds
of the corporate authorities then holding office.
(Source: P.A. 76-912.)
(65 ILCS 5/11-22-2) (from Ch. 24, par. 11-22-2)
Sec. 11-22-2. In the event any municipality has established
a public hospital in accordance with the provisions of this
Division 22 and in the further event the corporate authorities
shall determine that the hospital is no longer needed for the
purposes for which it was established, or that those purposes
would be better served through the operation of the hospital by
a corporation, hospital, health care facility, unit of local

SB0189 - 94 - LRB101 06690 AWJ 51717 b
government or institution of higher education, the corporate
authorities may by ordinance authorize the transfer, sale or
lease of the hospital to such corporation, hospital, health
care facility, unit of local government or institution of
higher education within or without the corporate limits of the
municipality, or may authorize the sale or lease of the
hospital to any mental health clinic which obtains any portion
of its funds from the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities). Such transfer, sale or lease may be on such
terms and under such conditions as the corporate authorities
may deem proper without regard to any provisions of Division 9
or 10 of Article 8 or Divisions 75, 76, 77 and 78 of this
Article 11. At least 10 days prior to the adoption of an
ordinance under this Section, the corporate authorities shall
make the proposed ordinance conveniently available for public
inspection and shall hold at least one public hearing thereon.
Notice of this hearing shall be published in one or more
newspapers published in the municipality, or if there is none
published in the municipality, in a newspaper having general
circulation in the municipality, at least 10 days prior to the
time of the public hearing. The publication requirement may
also be satisfied by publication of the notice on the
municipality's website at least 10 days prior to the public
hearing. Such notice shall state the time and place of the
hearing and the place where copies of the proposed ordinance

SB0189 - 95 - LRB101 06690 AWJ 51717 b
will be accessible for examination.
In the event that prior to the sale or lease of the
hospital pursuant to this Section, a labor organization has
been recognized by the hospital as the exclusive representative
of the majority of employees in a bargaining unit for purposes
of collective bargaining, and in the further event that a
purchaser or lessor subject to the National Labor Relations Act
retains or hires a majority of the employees in such a
bargaining unit, such purchaser or lessor shall recognize the
labor organization as the exclusive representative of the
majority of employees in that bargaining unit for purposes of
collective bargaining, provided that the labor organization
makes a timely written assertion of its representational
capacity to the purchaser or lessor.
(Source: P.A. 89-507, eff. 7-1-97.)
(65 ILCS 5/11-23-3) (from Ch. 24, par. 11-23-3)
Sec. 11-23-3. In the event any municipality has established
a city public hospital in accordance with the provisions of
Section 11-23-1 and in the further event the corporate
authorities shall determine that the hospital is no longer
needed for the purposes for which it was established or that
those purposes would be better served through the operation of
the city hospital by a corporation, hospital, health care
facility, unit of local government or institution of higher
education, the corporate authorities by ordinance may

SB0189 - 96 - LRB101 06690 AWJ 51717 b
authorize the transfer, sale or lease of the hospital to such
corporation, hospital, health care facility, unit of local
government or institution of higher education within or without
the corporate limits of the city, or may authorize the sale or
lease of the hospital to any mental health clinic which obtains
any portion of its funds from the Department of Human Services
(as successor to the Department of Mental Health and
Developmental Disabilities). Such transfer, sale or lease may
be on such terms and under such conditions as the corporate
authorities may deem proper without regard to any provisions of
Division 9 of Article 8 or Divisions 75, 76, 77 and 78 of this
Article 11. At least 10 days prior to the adoption of an
ordinance under this Section the corporate authorities shall
make the proposed ordinance conveniently available for public
inspection and shall hold at least one public hearing thereon.
Notice of this hearing shall be published in one or more
newspapers published in the municipality, or if there is none
published in the municipality, in a newspaper having general
circulation in the municipality, at least 10 days prior to the
time of the public hearing. The publication requirement may
also be satisfied by publication of the notice on the
municipality's website at least 10 days prior to the public
hearing. Such notice shall state the time and place of the
hearing and the place where copies of the proposed ordinance
will be accessible for examination.
If a city public hospital is transferred, sold or leased as

SB0189 - 97 - LRB101 06690 AWJ 51717 b
authorized by this section and if no bonds issued under the
provisions of Section 11-23-6 or Section 11-23-13 are
outstanding, the city council may transfer any excess funds
remaining in the Hospital Fund to the general fund of the city
to be expended for capital expenditures only and not for
operating expenses of the city.
In the event that prior to the sale or lease of the
hospital pursuant to this Section, a labor organization has
been recognized by the hospital as the exclusive representative
of the majority of employees in a bargaining unit for purposes
of collective bargaining, and in the further event that a
purchaser or lessor subject to the National Labor Relations Act
retains or hires a majority of the employees in such a
bargaining unit, such purchaser or lessor shall recognize the
labor organization as the exclusive representative of the
majority of employees in that bargaining unit for purposes of
collective bargaining, provided that the labor organization
makes a timely written assertion of its representational
capacity to the purchaser or lessor.
(Source: P.A. 89-507, eff. 7-1-97.)
(65 ILCS 5/11-23-15) (from Ch. 24, par. 11-23-15)
Sec. 11-23-15. Revenue bonds issued on or after March 1,
1965 under Sections 11-23-13 and 11-23-14 may be redeemed by
the municipality issuing them on such terms, at such time, upon
such notice and with or without premium all as may be provided

SB0189 - 98 - LRB101 06690 AWJ 51717 b
in the ordinance authorizing them.
Revenue bonds issued prior to March 1, 1965 under Sections
11-23-13 and 11-23-14 may be redeemed on any interest-paying
date, by proceeding as follows: (1) a written notice shall be
mailed to the holder of such bond 30 days prior to an
interest-paying date, notifying the holder that the bond will
be redeemed on the next interest-paying date; or (2) if the
holder of such bond is unknown, then a notice describing the
bond to be redeemed and the date of its redemption shall be
published 30 days prior to an interest-paying date in one or
more newspapers published in the city, or, if no newspaper is
published therein, then in one or more newspapers having a
general circulation within the city. The publication
requirement may also be satisfied by publication of the notice
on the municipality's website 30 days prior to an
interest-paying date. When notice has been mailed to the holder
of such bond, or when notice has been published in a newspaper
in case the holder of the bond is unknown, the bond shall cease
bearing interest from and after the next interest-paying date.
(Source: Laws 1965, p. 13.)
(65 ILCS 5/11-29.1-2) (from Ch. 24, par. 11-29.1-2)
Sec. 11-29.1-2. Whenever any municipality first levies the
tax authorized in Section 11-29.1-1, it shall cause the
ordinance levying the tax to be published in one or more
newspapers published in the municipality within 10 days after

SB0189 - 99 - LRB101 06690 AWJ 51717 b
the levy is made. If no newspaper is published in the
municipality, the ordinance shall be published in a newspaper
having general circulation within the municipality. The
publication requirement may also be satisfied by publication of
the ordinance on the municipality's website within 10 days
after the levy is made. The publication of the ordinance shall
include a notice of (1) the specific number of voters required
to sign a petition requesting that the question of the adoption
of the tax levy be submitted to the voters of the municipality;
(2) the time within which the petition must be filed; and (3)
the date of the prospective referendum. The municipal clerk
shall provide a petition form to any individual requesting one.
Any taxpayer in such municipality may, within 30 days after
such publication, file with the municipal clerk a petition
signed by a number of the voters of the municipality equal to
10% or more of the registered voters of the municipality
requesting the submission to a referendum of the following
proposition:
"Shall (insert name) be authorized to levy a tax for (state
purpose) in excess of the rate for other municipal purposes but
not in excess of .1%?"
The municipal clerk shall certify the proposition for
submission by the proper election authority at an election in
accordance with the general election law.
If a majority of the voters voting on the proposition vote
in favor thereof or if no petition is filed pursuant to this

SB0189 - 100 - LRB101 06690 AWJ 51717 b
Section 11-29.1-2, such tax levy shall be authorized. If a
majority of the vote is against such proposition, such tax levy
shall not be authorized.
(Source: P.A. 86-1253; 87-767.)
(65 ILCS 5/11-29.3-1) (from Ch. 24, par. 11-29.3-1)
Sec. 11-29.3-1. It being considered essential to the
welfare of any municipality that decent, safe and sanitary
housing be provided for senior citizens; any such municipality
shall have the following powers with respect to senior citizens
housing:
(1) To construct, own, manage, acquire, lease,
purchase, reconstruct, improve, or rehabilitate any real
estate or personal property.
(2) To employ or contract with others for management.
(3) To donate land.
(4) To acquire by any means, including eminent domain,
any property deemed necessary and convenient.
(5) To mortgage real and personal property.
(6) To borrow money, and secure the payment of such
borrowing by a pledge of revenue.
(7) To guarantee the repayment of money borrowed to
finance any purpose hereunder.
(8) To sell or convey real and personal property upon
such terms as deemed necessary.
(9) To accept grants, contributions, and gifts.

SB0189 - 101 - LRB101 06690 AWJ 51717 b
(10) To charge rents and fees of residents.
(11) To enter into leases.
(12) To expend municipal funds in the exercise of its
powers hereunder.
(13) To make all such contracts as may be necessary in
the exercise of its powers hereunder.
Senior citizen housing shall mean housing where at least
50% of the tenants are intended to be of age 55 or older.
After the effective date of this amendatory Act of 1994,
any municipality, except for municipalities with a population
in excess of 10,000 located within a county having a population
in excess of 2,000,000, may borrow money or guarantee the
repayment of money after the question has been submitted to the
electors of that municipality and has been approved by a
majority of the electors voting upon that question. The clerk
shall certify the proposition of the corporate authorities to
the proper election authority who shall submit the question at
an election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall (name of municipality) be authorized to borrow
$(amount) to provide senior citizen housing under Division
29.3 of the Illinois Municipal Code?
The votes shall be recorded as "Yes" or "No".
No municipality with a population in excess of 10,000
located within a county having a population in excess of
2,000,000 may borrow money or guarantee the repayment of money

SB0189 - 102 - LRB101 06690 AWJ 51717 b
unless it adopts an ordinance declaring its intention to do so
and directs that notice of such intention be published at least
once in a newspaper having a general circulation in the
municipality or on the municipality's website. The notice shall
set forth (1) the intention of the municipality to borrow money
or guarantee the repayment of money; (2) the specific number of
voters required to sign a petition requesting that the
proposition to borrow money or guarantee the repayment of money
be submitted to the voters of the municipality; (3) the time
within which a petition must be filed requesting the submission
of the proposition; and (4) the date of the prospective
referendum. At the time of publication of the notice and for 30
days thereafter, the Clerk shall provide a petition form to any
person requesting one. If within 30 days after the publication
a petition is filed with the Clerk, signed by not less than 10%
of the voters of the municipality requesting that the
proposition to borrow money or guarantee the repayment of money
be submitted to the voters thereof then the municipality shall
not be authorized to so act until the proposition has been
certified to the proper election authorities and has been
submitted to and approved by a majority of the voters voting on
the proposition at any regularly scheduled election. If no such
petition is so filed, or if any and all petitions filed are
invalid, the municipality may proceed to borrow money or
guarantee the repayment of money. In addition to the
requirements of the general election law the notice of the

SB0189 - 103 - LRB101 06690 AWJ 51717 b
referendum election shall set forth the intention of the
municipality to borrow money or guarantee the repayment of
money under this Division. The proposition shall be in
substantially the following form:
Shall (name of village) be authorized to borrow
$(amount) (or guarantee the repayment of $(amount)) to
provide senior citizen housing under Division 29.3 of the
Illinois Municipal Code?
The votes shall be recorded as "Yes" or "No".
Notwithstanding the provisions of this Section, municipalities
with a population in excess of 10,000 and less than 15,000 and
located within a county having a population in excess of
2,000,000 may borrow money or guarantee the repayment of money
for new construction of senior citizen housing only after the
question has been submitted to the electors of that
municipality and has been approved by a majority of the
electors voting upon that question.
(Source: P.A. 87-1153; 87-1208; 88-45; 88-646, eff. 1-1-95.)
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or
remediation.
(a) The corporate authorities of each municipality may
demolish, repair, or enclose or cause the demolition, repair,
or enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the

SB0189 - 104 - LRB101 06690 AWJ 51717 b
municipality and may remove or cause the removal of garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials from those buildings. In any county having adopted
by referendum or otherwise a county health department as
provided by Division 5-25 of the Counties Code or its
predecessor, the county board of that county may exercise those
powers with regard to dangerous and unsafe buildings or
uncompleted and abandoned buildings within the territory of any
city, village, or incorporated town having less than 50,000
population.
The corporate authorities shall apply to the circuit court
of the county in which the building is located (i) for an order
authorizing action to be taken with respect to a building if
the owner or owners of the building, including the lien holders
of record, after at least 15 days' written notice by mail so to
do, have failed to put the building in a safe condition or to
demolish it or (ii) for an order requiring the owner or owners
of record to demolish, repair, or enclose the building or to
remove garbage, debris, and other hazardous, noxious, or
unhealthy substances or materials from the building. It is not
a defense to the cause of action that the building is boarded
up or otherwise enclosed, although the court may order the
defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or
whereabouts of the owner or owners of the building, including
the lien holders of record, is not ascertainable, notice mailed

SB0189 - 105 - LRB101 06690 AWJ 51717 b
to the person or persons in whose name the real estate was last
assessed is sufficient notice under this Section.
The hearing upon the application to the circuit court shall
be expedited by the court and shall be given precedence over
all other suits. Any person entitled to bring an action under
subsection (b) shall have the right to intervene in an action
brought under this Section.
The cost of the demolition, repair, enclosure, or removal
incurred by the municipality, by an intervenor, or by a lien
holder of record, including court costs, attorney's fees, and
other costs related to the enforcement of this Section, is
recoverable from the owner or owners of the real estate or the
previous owner or both if the property was transferred during
the 15 day notice period and is a lien on the real estate; the
lien is superior to all prior existing liens and encumbrances,
except taxes, if, within 180 days after the repair, demolition,
enclosure, or removal, the municipality, the lien holder of
record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred
in the office of the recorder in the county in which the real
estate is located or in the office of the registrar of titles
of the county if the real estate affected is registered under
the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
identification, (2) the amount of money representing the cost

SB0189 - 106 - LRB101 06690 AWJ 51717 b
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the municipality, the lien holder
of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be
released by the municipality, the person in whose name the lien
has been filed, or the assignee of the lien, and the release
may be filed of record as in the case of filing notice of lien.
Unless the lien is enforced under subsection (c), the lien may
be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil
Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any time after the date
of filing of the notice of lien. The costs of foreclosure
incurred by the municipality, including court costs,
reasonable attorney's fees, advances to preserve the property,
and other costs related to the enforcement of this subsection,
plus statutory interest, are a lien on the real estate and are
recoverable by the municipality from the owner or owners of the
real estate.
All liens arising under this subsection (a) shall be
assignable. The assignee of the lien shall have the same power
to enforce the lien as the assigning party, except that the
lien may not be enforced under subsection (c).
If the appropriate official of any municipality determines
that any dangerous and unsafe building or uncompleted and

SB0189 - 107 - LRB101 06690 AWJ 51717 b
abandoned building within its territory fulfills the
requirements for an action by the municipality under the
Abandoned Housing Rehabilitation Act, the municipality may
petition under that Act in a proceeding brought under this
subsection.
(b) Any owner or tenant of real property within 1200 feet
in any direction of any dangerous or unsafe building located
within the territory of a municipality with a population of
500,000 or more may file with the appropriate municipal
authority a request that the municipality apply to the circuit
court of the county in which the building is located for an
order permitting the demolition, removal of garbage, debris,
and other noxious or unhealthy substances and materials from,
or repair or enclosure of the building in the manner prescribed
in subsection (a) of this Section. If the municipality fails to
institute an action in circuit court within 90 days after the
filing of the request, the owner or tenant of real property
within 1200 feet in any direction of the building may institute
an action in circuit court seeking an order compelling the
owner or owners of record to demolish, remove garbage, debris,
and other noxious or unhealthy substances and materials from,
repair or enclose or to cause to be demolished, have garbage,
debris, and other noxious or unhealthy substances and materials
removed from, repaired, or enclosed the building in question. A
private owner or tenant who institutes an action under the
preceding sentence shall not be required to pay any fee to the

SB0189 - 108 - LRB101 06690 AWJ 51717 b
clerk of the circuit court. The cost of repair, removal,
demolition, or enclosure shall be borne by the owner or owners
of record of the building. In the event the owner or owners of
record fail to demolish, remove garbage, debris, and other
noxious or unhealthy substances and materials from, repair, or
enclose the building within 90 days of the date the court
entered its order, the owner or tenant who instituted the
action may request that the court join the municipality as a
party to the action. The court may order the municipality to
demolish, remove materials from, repair, or enclose the
building, or cause that action to be taken upon the request of
any owner or tenant who instituted the action or upon the
municipality's request. The municipality may file, and the
court may approve, a plan for rehabilitating the building in
question. A court order authorizing the municipality to
demolish, remove materials from, repair, or enclose a building,
or cause that action to be taken, shall not preclude the court
from adjudging the owner or owners of record of the building in
contempt of court due to the failure to comply with the order
to demolish, remove garbage, debris, and other noxious or
unhealthy substances and materials from, repair, or enclose the
building.
If a municipality or a person or persons other than the
owner or owners of record pay the cost of demolition, removal
of garbage, debris, and other noxious or unhealthy substances
and materials, repair, or enclosure pursuant to a court order,

SB0189 - 109 - LRB101 06690 AWJ 51717 b
the cost, including court costs, attorney's fees, and other
costs related to the enforcement of this subsection, is
recoverable from the owner or owners of the real estate and is
a lien on the real estate; the lien is superior to all prior
existing liens and encumbrances, except taxes, if, within 180
days after the repair, removal, demolition, or enclosure, the
municipality or the person or persons who paid the costs of
demolition, removal, repair, or enclosure shall file a notice
of lien of the cost and expense incurred in the office of the
recorder in the county in which the real estate is located or
in the office of the registrar of the county if the real estate
affected is registered under the Registered Titles (Torrens)
Act. The notice shall be in a form as is provided in subsection
(a). An owner or tenant who institutes an action in circuit
court seeking an order to compel the owner or owners of record
to demolish, remove materials from, repair, or enclose any
dangerous or unsafe building, or to cause that action to be
taken under this subsection may recover court costs and
reasonable attorney's fees for instituting the action from the
owner or owners of record of the building. Upon payment of the
costs and expenses by the owner of or a person interested in
the property after the notice of lien has been filed, the lien
shall be released by the municipality or the person in whose
name the lien has been filed or his or her assignee, and the
release may be filed of record as in the case of filing a
notice of lien. Unless the lien is enforced under subsection

SB0189 - 110 - LRB101 06690 AWJ 51717 b
(c), the lien may be enforced by foreclosure proceedings as in
the case of mortgage foreclosures under Article XV of the Code
of Civil Procedure or mechanics' lien foreclosures. An action
to foreclose this lien may be commenced at any time after the
date of filing of the notice of lien. The costs of foreclosure
incurred by the municipality, including court costs,
reasonable attorneys' fees, advances to preserve the property,
and other costs related to the enforcement of this subsection,
plus statutory interest, are a lien on the real estate and are
recoverable by the municipality from the owner or owners of the
real estate.
All liens arising under the terms of this subsection (b)
shall be assignable. The assignee of the lien shall have the
same power to enforce the lien as the assigning party, except
that the lien may not be enforced under subsection (c).
(c) In any case where a municipality has obtained a lien
under subsection (a), (b), or (f), the municipality may enforce
the lien under this subsection (c) in the same proceeding in
which the lien is authorized.
A municipality desiring to enforce a lien under this
subsection (c) shall petition the court to retain jurisdiction
for foreclosure proceedings under this subsection. Notice of
the petition shall be served, by certified or registered mail,
on all persons who were served notice under subsection (a),
(b), or (f). The court shall conduct a hearing on the petition
not less than 15 days after the notice is served. If the court

SB0189 - 111 - LRB101 06690 AWJ 51717 b
determines that the requirements of this subsection (c) have
been satisfied, it shall grant the petition and retain
jurisdiction over the matter until the foreclosure proceeding
is completed. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorneys'
fees, advances to preserve the property, and other costs
related to the enforcement of this subsection, plus statutory
interest, are a lien on the real estate and are recoverable by
the municipality from the owner or owners of the real estate.
If the court denies the petition, the municipality may enforce
the lien in a separate action as provided in subsection (a),
(b), or (f).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage foreclosure
action shall be joined as parties before issuance of an order
of foreclosure. Persons designated in Section 15-1501 of the
Code of Civil Procedure as permissible parties may also be
joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure
applicable to mortgage foreclosures shall apply to the
foreclosure of a lien under this subsection (c), except to the
extent that those provisions are inconsistent with this
subsection. For purposes of foreclosures of liens under this
subsection, however, the redemption period described in
subsection (b) of Section 15-1603 of the Code of Civil
Procedure shall end 60 days after the date of entry of the

SB0189 - 112 - LRB101 06690 AWJ 51717 b
order of foreclosure.
(d) In addition to any other remedy provided by law, the
corporate authorities of any municipality may petition the
circuit court to have property declared abandoned under this
subsection (d) if:
(1) the property has been tax delinquent for 2 or more
years or bills for water service for the property have been
outstanding for 2 or more years;
(2) the property is unoccupied by persons legally in
possession; and
(3) the property contains a dangerous or unsafe
building for reasons specified in the petition.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any Illinois
land trust having title to the property, shall be named as
defendants in the petition and shall be served with process. In
addition, service shall be had under Section 2-206 of the Code
of Civil Procedure as in other cases affecting property.
The municipality, however, may proceed under this
subsection in a proceeding brought under subsection (a) or (b).
Notice of the petition shall be served in person or by
certified or registered mail on all persons who were served
notice under subsection (a) or (b).
If the municipality proves that the conditions described in
this subsection exist and (i) the owner of record of the
property does not enter an appearance in the action, or, if

SB0189 - 113 - LRB101 06690 AWJ 51717 b
title to the property is held by an Illinois land trust, if
neither the owner of record nor the owner of the beneficial
interest of the trust enters an appearance, or (ii) if the
owner of record or the beneficiary of a land trust, if title to
the property is held by an Illinois land trust, enters an
appearance and specifically waives his or her rights under this
subsection (d), the court shall declare the property abandoned.
Notwithstanding any waiver, the municipality may move to
dismiss its petition at any time. In addition, any waiver in a
proceeding under this subsection (d) does not serve as a waiver
for any other proceeding under law or equity.
If that determination is made, notice shall be sent in
person or by certified or registered mail to all persons having
an interest of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property will be
transferred to the municipality unless, within 30 days of the
notice, the owner of record or any other person having an
interest in the property files with the court a request to
demolish the dangerous or unsafe building or to put the
building in safe condition, or unless the owner of record
enters an appearance and proves that the owner does not intend
to abandon the property.
If the owner of record enters an appearance in the action
within the 30 day period, but does not at that time file with
the court a request to demolish the dangerous or unsafe

SB0189 - 114 - LRB101 06690 AWJ 51717 b
building or to put the building in safe condition, or
specifically waive his or her rights under this subsection (d),
the court shall vacate its order declaring the property
abandoned if it determines that the owner of record does not
intend to abandon the property. In that case, the municipality
may amend its complaint in order to initiate proceedings under
subsection (a), or it may request that the court order the
owner to demolish the building or repair the dangerous or
unsafe conditions of the building alleged in the petition or
seek the appointment of a receiver or other equitable relief to
correct the conditions at the property. The powers and rights
of a receiver appointed under this subsection (d) shall include
all of the powers and rights of a receiver appointed under
Section 11-31-2 of this Code.
If a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30 days or
to restore the building to safe condition within 60 days after
the request is granted. An extension of that period for up to
60 additional days may be given for good cause. If more than
one person with an interest in the property files a timely
request, preference shall be given to the owner of record if
the owner filed a request or, if the owner did not, the person
with the lien or other interest of the highest priority.
If the requesting party (other than the owner of record)
proves to the court that the building has been demolished or

SB0189 - 115 - LRB101 06690 AWJ 51717 b
put in a safe condition in accordance with the local safety
codes within the period of time granted by the court, the court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record, upon proof of payment to the municipality of all costs
incurred by the municipality in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with
building enclosure or removal, and receiver's certificates.
The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if the
interest is conveyed to a person holding a certificate of
purchase for the property under the Property Tax Code, the
conveyance shall be subject to the rights of redemption of all
persons entitled to redeem under that Act, including the
original owner of record. If the requesting party is the owner
of record and proves to the court that the building has been
demolished or put in a safe condition in accordance with the
local safety codes within the period of time granted by the
court, the court shall dismiss the proceeding under this
subsection (d).
If the owner of record has not entered an appearance and
proven that the owner did not intend to abandon the property,
and if no person with an interest in the property files a
timely request or if the requesting party fails to demolish the
building or put the building in safe condition within the time

SB0189 - 116 - LRB101 06690 AWJ 51717 b
specified by the court, the municipality may petition the court
to issue a judicial deed for the property to the municipality.
A conveyance by judicial deed shall operate to extinguish all
existing ownership interests in, liens on, and other interest
in the property, including tax liens, and shall extinguish the
rights and interests of any and all holders of a bona fide
certificate of purchase of the property for delinquent taxes.
Any such bona fide certificate of purchase holder shall be
entitled to a sale in error as prescribed under Section 21-310
of the Property Tax Code.
(e) Each municipality may use the provisions of this
subsection to expedite the removal of certain buildings that
are a continuing hazard to the community in which they are
located.
If a residential or commercial building is 3 stories or
less in height as defined by the municipality's building code,
and the corporate official designated to be in charge of
enforcing the municipality's building code determines that the
building is open and vacant and an immediate and continuing
hazard to the community in which the building is located, then
the official shall be authorized to post a notice not less than
2 feet by 2 feet in size on the front of the building. The
notice shall be dated as of the date of the posting and shall
state that unless the building is demolished, repaired, or
enclosed, and unless any garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials are removed so

SB0189 - 117 - LRB101 06690 AWJ 51717 b
that an immediate and continuing hazard to the community no
longer exists, then the building may be demolished, repaired,
or enclosed, or any garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials may be removed,
by the municipality.
Not later than 30 days following the posting of the notice,
the municipality shall do all of the following:
(1) Cause to be sent, by certified mail, return receipt
requested, a Notice to Remediate to all owners of record of
the property, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders of
record in the property, stating the intent of the
municipality to demolish, repair, or enclose the building
or remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials if that action is not
taken by the owner or owners.
(2) Cause to be published, in a newspaper published or
circulated in the municipality where the building is
located or on the municipality's website, a notice setting
forth (i) the permanent tax index number and the address of
the building, (ii) a statement that the property is open
and vacant and constitutes an immediate and continuing
hazard to the community, and (iii) a statement that the
municipality intends to demolish, repair, or enclose the
building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials if the owner

SB0189 - 118 - LRB101 06690 AWJ 51717 b
or owners or lienholders of record fail to do so. This
notice shall be published for 3 consecutive days.
(3) Cause to be recorded the Notice to Remediate mailed
under paragraph (1) in the office of the recorder in the
county in which the real estate is located or in the office
of the registrar of titles of the county if the real estate
is registered under the Registered Title (Torrens) Act.
Any person or persons with a current legal or equitable
interest in the property objecting to the proposed actions of
the corporate authorities may file his or her objection in an
appropriate form in a court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed,
or the garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials are not removed, within 30
days of mailing the notice to the owners of record, the
beneficial owners of any Illinois land trust having title to
the property, and all lienholders of record in the property, or
within 30 days of the last day of publication of the notice,
whichever is later, the corporate authorities shall have the
power to demolish, repair, or enclose the building or to remove
any garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials.
The municipality may proceed to demolish, repair, or
enclose a building or remove any garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials under
this subsection within a 120-day period following the date of

SB0189 - 119 - LRB101 06690 AWJ 51717 b
the mailing of the notice if the appropriate official
determines that the demolition, repair, enclosure, or removal
of any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials is necessary to remedy the
immediate and continuing hazard. If, however, before the
municipality proceeds with any of the actions authorized by
this subsection, any person with a legal or equitable interest
in the property has sought a hearing under this subsection
before a court and has served a copy of the complaint on the
chief executive officer of the municipality, then the
municipality shall not proceed with the demolition, repair,
enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is necessary to
remedy the hazard and issues an order authorizing the
municipality to do so. If the court dismisses the action for
want of prosecution, the municipality must send the objector a
copy of the dismissal order and a letter stating that the
demolition, repair, enclosure, or removal of garbage, debris,
or other substances will proceed unless, within 30 days after
the copy of the order and the letter are mailed, the objector
moves to vacate the dismissal and serves a copy of the motion
on the chief executive officer of the municipality.
Notwithstanding any other law to the contrary, if the objector
does not file a motion and give the required notice, if the
motion is denied by the court, or if the action is again
dismissed for want of prosecution, then the dismissal is with

SB0189 - 120 - LRB101 06690 AWJ 51717 b
prejudice and the demolition, repair, enclosure, or removal may
proceed forthwith.
Following the demolition, repair, or enclosure of a
building, or the removal of garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials under
this subsection, the municipality may file a notice of lien
against the real estate for the cost of the demolition, repair,
enclosure, or removal within 180 days after the repair,
demolition, enclosure, or removal occurred, for the cost and
expense incurred, in the office of the recorder in the county
in which the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act; this
lien has priority over the interests of those parties named in
the Notice to Remediate mailed under paragraph (1), but not
over the interests of third party purchasers or encumbrancers
for value who obtained their interests in the property before
obtaining actual or constructive notice of the lien. The notice
of lien shall consist of a sworn statement setting forth (i) a
description of the real estate, such as the address or other
description of the property, sufficient for its
identification; (ii) the expenses incurred by the municipality
in undertaking the remedial actions authorized under this
subsection; (iii) the date or dates the expenses were incurred
by the municipality; (iv) a statement by the corporate official
responsible for enforcing the building code that the building

SB0189 - 121 - LRB101 06690 AWJ 51717 b
was open and vacant and constituted an immediate and continuing
hazard to the community; (v) a statement by the corporate
official that the required sign was posted on the building,
that notice was sent by certified mail to the owners of record,
and that notice was published in accordance with this
subsection; and (vi) a statement as to when and where the
notice was published. The lien authorized by this subsection
may thereafter be released or enforced by the municipality as
provided in subsection (a).
(f) The corporate authorities of each municipality may
remove or cause the removal of, or otherwise environmentally
remediate hazardous substances and petroleum products on, in,
or under any abandoned and unsafe property within the territory
of a municipality. In addition, where preliminary evidence
indicates the presence or likely presence of a hazardous
substance or a petroleum product or a release or a substantial
threat of a release of a hazardous substance or a petroleum
product on, in, or under the property, the corporate
authorities of the municipality may inspect the property and
test for the presence or release of hazardous substances and
petroleum products. In any county having adopted by referendum
or otherwise a county health department as provided by Division
5-25 of the Counties Code or its predecessor, the county board
of that county may exercise the above-described powers with
regard to property within the territory of any city, village,
or incorporated town having less than 50,000 population.

SB0189 - 122 - LRB101 06690 AWJ 51717 b
For purposes of this subsection (f):
(1) "property" or "real estate" means all real
property, whether or not improved by a structure;
(2) "abandoned" means;
(A) the property has been tax delinquent for 2 or
more years;
(B) the property is unoccupied by persons legally
in possession; and
(3) "unsafe" means property that presents an actual or
imminent threat to public health and safety caused by the
release of hazardous substances; and
(4) "hazardous substances" means the same as in Section
3.215 of the Environmental Protection Act.
The corporate authorities shall apply to the circuit court
of the county in which the property is located (i) for an order
allowing the municipality to enter the property and inspect and
test substances on, in, or under the property; or (ii) for an
order authorizing the corporate authorities to take action with
respect to remediation of the property if conditions on the
property, based on the inspection and testing authorized in
paragraph (i), indicate the presence of hazardous substances or
petroleum products. Remediation shall be deemed complete for
purposes of paragraph (ii) above when the property satisfies
Tier I, II, or III remediation objectives for the property's
most recent usage, as established by the Environmental
Protection Act, and the rules and regulations promulgated

SB0189 - 123 - LRB101 06690 AWJ 51717 b
thereunder. Where, upon diligent search, the identity or
whereabouts of the owner or owners of the property, including
the lien holders of record, is not ascertainable, notice mailed
to the person or persons in whose name the real estate was last
assessed is sufficient notice under this Section.
The court shall grant an order authorizing testing under
paragraph (i) above upon a showing of preliminary evidence
indicating the presence or likely presence of a hazardous
substance or a petroleum product or a release of or a
substantial threat of a release of a hazardous substance or a
petroleum product on, in, or under abandoned property. The
preliminary evidence may include, but is not limited to,
evidence of prior use, visual site inspection, or records of
prior environmental investigations. The testing authorized by
paragraph (i) above shall include any type of investigation
which is necessary for an environmental professional to
determine the environmental condition of the property,
including but not limited to performance of soil borings and
groundwater monitoring. The court shall grant a remediation
order under paragraph (ii) above where testing of the property
indicates that it fails to meet the applicable remediation
objectives. The hearing upon the application to the circuit
court shall be expedited by the court and shall be given
precedence over all other suits.
The cost of the inspection, testing, or remediation
incurred by the municipality or by a lien holder of record,

SB0189 - 124 - LRB101 06690 AWJ 51717 b
including court costs, attorney's fees, and other costs related
to the enforcement of this Section, is a lien on the real
estate; except that in any instances where a municipality
incurs costs of inspection and testing but finds no hazardous
substances or petroleum products on the property that present
an actual or imminent threat to public health and safety, such
costs are not recoverable from the owners nor are such costs a
lien on the real estate. The lien is superior to all prior
existing liens and encumbrances, except taxes and any lien
obtained under subsection (a) or (e), if, within 180 days after
the completion of the inspection, testing, or remediation, the
municipality or the lien holder of record who incurred the cost
and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county in
which the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(i) a description of the real estate sufficient for its
identification, (ii) the amount of money representing the cost
and expense incurred, and (iii) the date or dates when the cost
and expense was incurred by the municipality or the lien holder
of record. Upon payment of the lien amount by the owner of or
persons interested in the property after the notice of lien has
been filed, a release of lien shall be issued by the
municipality, the person in whose name the lien has been filed,

SB0189 - 125 - LRB101 06690 AWJ 51717 b
or the assignee of the lien, and the release may be filed of
record as in the case of filing notice of lien.
The lien may be enforced under subsection (c) or by
foreclosure proceedings as in the case of mortgage foreclosures
under Article XV of the Code of Civil Procedure or mechanics'
lien foreclosures; provided that where the lien is enforced by
foreclosure under subsection (c) or under either statute, the
municipality may not proceed against the other assets of the
owner or owners of the real estate for any costs that otherwise
would be recoverable under this Section but that remain
unsatisfied after foreclosure except where such additional
recovery is authorized by separate environmental laws. An
action to foreclose this lien may be commenced at any time
after the date of filing of the notice of lien. The costs of
foreclosure incurred by the municipality, including court
costs, reasonable attorney's fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate.
All liens arising under this subsection (f) shall be
assignable. The assignee of the lien shall have the same power
to enforce the lien as the assigning party, except that the
lien may not be enforced under subsection (c).
(g) In any case where a municipality has obtained a lien
under subsection (a), the municipality may also bring an action
for a money judgment against the owner or owners of the real

SB0189 - 126 - LRB101 06690 AWJ 51717 b
estate in the amount of the lien in the same manner as provided
for bringing causes of action in Article II of the Code of
Civil Procedure and, upon obtaining a judgment, file a judgment
lien against all of the real estate of the owner or owners and
enforce that lien as provided for in Article XII of the Code of
Civil Procedure.
(Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)
(65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
Sec. 11-42-11. Community antenna television systems;
satellite transmitted television programming.
(a) The corporate authorities of each municipality may
license, franchise and tax the business of operating a
community antenna television system as hereinafter defined. In
municipalities with less than 2,000,000 inhabitants, the
corporate authorities may, under the limited circumstances set
forth in this Section, own (or lease as lessee) and operate a
community antenna television system; provided that a
municipality may not acquire, construct, own, or operate a
community antenna television system for the use or benefit of
private consumers or users, and may not charge a fee for that
consumption or use, unless the proposition to acquire,
construct, own, or operate a cable antenna television system
has been submitted to and approved by the electors of the
municipality in accordance with subsection (f). Before
acquiring, constructing, or commencing operation of a

SB0189 - 127 - LRB101 06690 AWJ 51717 b
community antenna television system, the municipality shall
comply with the following:
(1) Give written notice to the owner or operator of any
other community antenna television system franchised to
serve all or any portion of the territorial area to be
served by the municipality's community antenna television
system, specifying the date, time, and place at which the
municipality shall conduct public hearings to consider and
determine whether the municipality should acquire,
construct, or commence operation of a community antenna
television system. The public hearings shall be conducted
at least 14 days after this notice is given.
(2) Publish a notice of the hearing in 2 or more
newspapers published in the county, city, village,
incorporated town, or town, as the case may be. If there is
no such newspaper, then notice shall be published in any 2
or more newspapers published in the county and having a
general circulation throughout the community. The
publication requirement may also be satisfied by
publication of the notice on the municipality's website.
The public hearings shall be conducted at least 14 days
after this notice is given.
(3) Conduct a public hearing to determine the means by
which construction, maintenance, and operation of the
system will be financed, including whether the use of tax
revenues or other fees will be required.

SB0189 - 128 - LRB101 06690 AWJ 51717 b
(b) The words "community antenna television system" shall
mean any facility which is constructed in whole or in part in,
on, under or over any highway or other public place and which
is operated to perform for hire the service of receiving and
amplifying the signals broadcast by one or more television
stations and redistributing such signals by wire, cable or
other means to members of the public who subscribe to such
service; except that such definition shall not include (i) any
system which serves fewer than fifty subscribers, or (ii) any
system which serves only the residents of one or more apartment
dwellings under common ownership, control or management, and
commercial establishments located on the premises of such
dwellings.
(c) The authority hereby granted does not include authority
to license, franchise or tax telephone companies subject to
jurisdiction of the Illinois Commerce Commission or the Federal
Communications Commission in connection with the furnishing of
circuits, wires, cables, and other facilities to the operator
of a community antenna television system.
(c-1) Each franchise entered into by a municipality and a
community antenna television system shall include the customer
service and privacy standards and protections contained in
Article XXII of the Public Utilities Act. A franchise may not
contain different penalties or consumer service and privacy
standards and protections. Each franchise entered into by a
municipality and a community antenna television system before

SB0189 - 129 - LRB101 06690 AWJ 51717 b
June 30, 2007 (the effective date of Public Act 95-9) shall be
amended by this Section to incorporate the penalty provisions
and customer service and privacy standards and protections
contained in Article XXII of the Public Utilities Act.
The corporate authorities of each municipality may, in the
course of franchising such community antenna television
system, grant to such franchisee the authority and the right
and permission to use all public streets, rights of way,
alleys, ways for public service facilities, parks,
playgrounds, school grounds, or other public grounds, in which
such municipality may have an interest, for the construction,
installation, operation, maintenance, alteration, addition,
extension or improvement of a community antenna television
system.
Any charge imposed by a community antenna television system
franchised pursuant to this Section for the raising or removal
of cables or lines to permit passage on, to or from a street
shall not exceed the reasonable costs of work reasonably
necessary to safely permit such passage. Pursuant to
subsections (h) and (i) of Section 6 of Article VII of the
Constitution of the State of Illinois, the General Assembly
declares the regulation of charges which may be imposed by
community antenna television systems for the raising or removal
of cables or lines to permit passage on, to or from streets is
a power or function to be exercised exclusively by the State
and not to be exercised or performed concurrently with the

SB0189 - 130 - LRB101 06690 AWJ 51717 b
State by any unit of local government, including any home rule
unit.
The municipality may, upon written request by the
franchisee of a community antenna television system, exercise
its right of eminent domain solely for the purpose of granting
an easement right no greater than 8 feet in width, extending no
greater than 8 feet from any lot line for the purpose of
extending cable across any parcel of property in the manner
provided by the law of eminent domain, provided, however, such
franchisee deposits with the municipality sufficient security
to pay all costs incurred by the municipality in the exercise
of its right of eminent domain.
(d) The General Assembly finds and declares that
satellite-transmitted television programming should be
available to those who desire to subscribe to such programming
and that decoding devices should be obtainable at reasonable
prices by those who are unable to obtain satellite-transmitted
television programming through duly franchised community
antenna television systems.
In any instance in which a person is unable to obtain
satellite-transmitted television programming through a duly
franchised community antenna television system either because
the municipality and county in which such person resides has
not granted a franchise to operate and maintain a community
antenna television system, or because the duly franchised
community antenna television system operator does not make

SB0189 - 131 - LRB101 06690 AWJ 51717 b
cable television services available to such person, any
programming company that delivers satellite-transmitted
television programming in scrambled or encrypted form shall
ensure that devices for description of such programming are
made available to such person, through the local community
antenna television operator or directly, for purchase or lease
at prices reasonably related to the cost of manufacture and
distribution of such devices.
(e) The General Assembly finds and declares that, in order
to ensure that community antenna television services are
provided in an orderly, competitive and economically sound
manner, the best interests of the public will be served by the
establishment of certain minimum standards and procedures for
the granting of additional cable television franchises.
Subject to the provisions of this subsection, the authority
granted under subsection (a) hereof shall include the authority
to license, franchise and tax more than one cable operator to
provide community antenna television services within the
corporate limits of a single franchising authority. For
purposes of this subsection (e), the term:
(i) "Existing cable television franchise" means a
community antenna television franchise granted by a
municipality which is in use at the time such municipality
receives an application or request by another cable
operator for a franchise to provide cable antenna
television services within all or any portion of the

SB0189 - 132 - LRB101 06690 AWJ 51717 b
territorial area which is or may be served under the
existing cable television franchise.
(ii) "Additional cable television franchise" means a
franchise pursuant to which community antenna television
services may be provided within the territorial areas, or
any portion thereof, which may be served under an existing
cable television franchise.
(iii) "Franchising Authority" is defined as that term
is defined under Section 602(9) of the Cable Communications
Policy Act of 1984, Public Law 98-549, but does not include
any municipality with a population of 1,000,000 or more.
(iv) "Cable operator" is defined as that term is
defined under Section 602(4) of the Cable Communications
Policy Act of 1984, Public Law 98-549.
Before granting an additional cable television franchise,
the franchising authority shall:
(1) Give written notice to the owner or operator of any
other community antenna television system franchised to
serve all or any portion of the territorial area to be
served by such additional cable television franchise,
identifying the applicant for such additional franchise
and specifying the date, time and place at which the
franchising authority shall conduct public hearings to
consider and determine whether such additional cable
television franchise should be granted.
(2) Conduct a public hearing to determine the public

SB0189 - 133 - LRB101 06690 AWJ 51717 b
need for such additional cable television franchise, the
capacity of public rights-of-way to accommodate such
additional community antenna television services, the
potential disruption to existing users of public
rights-of-way to be used by such additional franchise
applicant to complete construction and to provide cable
television services within the proposed franchise area,
the long term economic impact of such additional cable
television system within the community, and such other
factors as the franchising authority shall deem
appropriate.
(3) Determine, based upon the foregoing factors,
whether it is in the best interest of the municipality to
grant such additional cable television franchise.
(4) If the franchising authority shall determine that
it is in the best interest of the municipality to do so, it
may grant the additional cable television franchise.
Except as provided in paragraph (5) of this subsection (e),
no such additional cable television franchise shall be
granted under terms or conditions more favorable or less
burdensome to the applicant than those required under the
existing cable television franchise, including but not
limited to terms and conditions pertaining to the
territorial extent of the franchise, system design,
technical performance standards, construction schedules,
performance bonds, standards for construction and

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installation of cable television facilities, service to
subscribers, public educational and governmental access
channels and programming, production assistance, liability
and indemnification, and franchise fees.
(5) Unless the existing cable television franchise
provides that any additional cable television franchise
shall be subject to the same terms or substantially
equivalent terms and conditions as those of the existing
cable television franchise, the franchising authority may
grant an additional cable television franchise under
different terms and conditions than those of the existing
franchise, in which event the franchising authority shall
enter into good faith negotiations with the existing
franchisee and shall, within 120 days after the effective
date of the additional cable television franchise, modify
the existing cable television franchise in a manner and to
the extent necessary to ensure that neither the existing
cable television franchise nor the additional cable
television franchise, each considered in its entirety,
provides a competitive advantage over the other, provided
that prior to modifying the existing cable television
franchise, the franchising authority shall have conducted
a public hearing to consider the proposed modification. No
modification in the terms and conditions of the existing
cable television franchise shall oblige the existing cable
television franchisee (1) to make any additional payment to

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the franchising authority, including the payment of any
additional franchise fee, (2) to engage in any additional
construction of the existing cable television system or,
(3) to modify the specifications or design of the existing
cable television system; and the inclusion of the factors
identified in items (2) and (3) shall not be considered in
determining whether either franchise considered in its
entirety, has a competitive advantage over the other except
to the extent that the additional franchisee provides
additional video or data services or the equipment or
facilities necessary to generate and or carry such service.
No modification in the terms and conditions of the existing
cable television franchise shall be made if the existing
cable television franchisee elects to continue to operate
under all terms and conditions of the existing franchise.
If within the 120 day period the franchising authority
and the existing cable television franchisee are unable to
reach agreement on modifications to the existing cable
television franchise, then the franchising authority shall
modify the existing cable television franchise, effective
45 days thereafter, in a manner, and only to the extent,
that the terms and conditions of the existing cable
television franchise shall no longer impose any duty or
obligation on the existing franchisee which is not also
imposed under the additional cable television franchise;
however, if by the modification the existing cable

SB0189 - 136 - LRB101 06690 AWJ 51717 b
television franchisee is relieved of duties or obligations
not imposed under the additional cable television
franchise, then within the same 45 days and following a
public hearing concerning modification of the additional
cable television franchise within that 45 day period, the
franchising authority shall modify the additional cable
television franchise to the extent necessary to insure that
neither the existing cable television franchise nor the
additional cable television franchise, each considered in
its entirety, shall have a competitive advantage over the
other.
No municipality shall be subject to suit for damages based
upon the municipality's determination to grant or its refusal
to grant an additional cable television franchise, provided
that a public hearing as herein provided has been held and the
franchising authority has determined that it is in the best
interest of the municipality to grant or refuse to grant such
additional franchise, as the case may be.
It is declared to be the law of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the
Illinois Constitution, that the establishment of minimum
standards and procedures for the granting of additional cable
television franchises by municipalities with a population less
than 1,000,000 as provided in this subsection (e) is an
exclusive State power and function that may not be exercised
concurrently by a home rule unit.

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(f) No municipality may acquire, construct, own, or operate
a community antenna television system unless the corporate
authorities adopt an ordinance. The ordinance must set forth
the action proposed; describe the plant, equipment, and
property to be acquired or constructed; and specifically
describe the manner in which the construction, acquisition, and
operation of the system will be financed.
The ordinance may not take effect until the question of
acquiring, construction, owning, or operating a community
antenna television system has been submitted to the electors of
the municipality at a regular election and approved by a
majority of the electors voting on the question. The corporate
authorities must certify the question to the proper election
authority, which must submit the question at an election in
accordance with the Election Code.
The question must be submitted in substantially the
following form:
Shall the ordinance authorizing the municipality to
(insert action authorized by ordinance) take effect?
The votes must be recorded as "Yes" or "No".
If a majority of electors voting on the question vote in
the affirmative, the ordinance shall take effect.
Not more than 30 or less than 15 days before the date of
the referendum, the municipal clerk must publish the ordinance
at least once in one or more newspapers published in the
municipality or, if no newspaper is published in the

SB0189 - 138 - LRB101 06690 AWJ 51717 b
municipality, in one or more newspapers of general circulation
within the municipality. The publication requirement may also
be satisfied by publication of the ordinance on the
municipality's website not more than 30 nor less than 15 days
before the date of the referendum.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(65 ILCS 5/11-48.3-11) (from Ch. 24, par. 11-48.3-11)
Sec. 11-48.3-11. The Authority shall have continuing power
to borrow money for the purpose of carrying out and performing
its duties and exercising its powers under this Division.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to ordinance adopted by the Board, from
time to time issue and dispose of its interest bearing revenue
bonds, and may also from time to time issue and dispose of its
interest bearing revenue bonds to refund any bonds at maturity
or pursuant to redemption provisions or at any time before
maturity with the consent of the holders thereof. All such
bonds shall be payable solely from the revenues or income to be
derived from the exhibitions, rentals and leases and other
authorized activities operated by it, and from funds, if any,
received and to be received by the Authority from any other
source. Such bonds may bear such date or dates, may mature at
such time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding

SB0189 - 139 - LRB101 06690 AWJ 51717 b
the maximum rate permitted by "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now
or hereafter amended, may be in such form, may carry such
registration privileges, may be executed in such manner, may be
payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or without
premium as is stated on the face thereof, may be executed in
such manner and may contain such terms and covenants, all as
may be provided in the ordinance. In case any officer whose
signature appears on any bond ceases (after attaching his or
her signature) to hold office, his or her signature shall
nevertheless be valid and effective for all purposes. The
holder or holders of any bonds or interest coupons appertaining
thereto issued by the Authority may bring mandamus, injunction,
civil actions and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of any contract or covenant made by the Authority
with the holders of such bonds or interest coupons and to
compel the Authority and any of its officers, agents or
employees to perform any duties required to be performed for
the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, or to enjoin the Authority and any of its officers,
agents or employees from taking any action in conflict with any

SB0189 - 140 - LRB101 06690 AWJ 51717 b
such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in
the absence of any express recital on the face thereof that it
is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein provided
it shall be the duty of the corporate authorities of the
Authority to fix and establish rates, charges, rents and fees
for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues
of the Authority, to pay:
(a) The cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) The bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the bonds
or as provided by any trust agreement executed to secure
payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings of
the Authority in connection with the issuance thereof and the
issuance of any additional bonds payable from such revenue
income to be derived from the exhibitions, office rentals, air
space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or

SB0189 - 141 - LRB101 06690 AWJ 51717 b
agreements; provided that no lien upon any physical property of
the Authority shall be created thereby.
A remedy for any breach or default of the terms of any such
trust agreement by the Authority may be by mandamus,
injunction, civil action and proceedings in any court of
competent jurisdiction to compel performance and compliance
therewith, but the trust agreement may prescribe by whom or on
whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are sold
the entire authorized issue, or any part thereof, shall be
offered for sale as a unit after advertising for bids at least
3 times in a daily newspaper of general circulation published
in the metropolitan area or offered for sale at least 3 times
on the Authority's website, the last publication to be at least
10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial
publication in the United States. All bids shall be sealed,
filed and opened as provided by ordinance and the bonds shall
be awarded to the highest and best bidder or bidders therefor.
The Authority shall have the right to reject all bids and
readvertise for bids in the manner provided for in the initial
advertisement. If no bids are received, however, such bonds may
be sold at not less than par value, without further
advertising, within 60 days after the bids are required to be
filed pursuant to any advertisement.
(Source: P.A. 86-279.)

SB0189 - 142 - LRB101 06690 AWJ 51717 b
(65 ILCS 5/11-48.3-23) (from Ch. 24, par. 11-48.3-23)
Sec. 11-48.3-23. The Board shall have power to pass all
ordinances and make all rules and regulations proper or
necessary to carry into effect the powers granted to the
Authority, with such fines or penalties as may be deemed
proper. All fines and penalties shall be imposed by ordinance,
which shall be published once in a newspaper of general
circulation published in the area embraced by the Authority or
on the Authority's website. No such ordinance shall take effect
until 10 days after its publication.
(Source: P.A. 97-146, eff. 1-1-12.)
(65 ILCS 5/11-48.3-25) (from Ch. 24, par. 11-48.3-25)
Sec. 11-48.3-25. Advertisements for bids shall be
published at least twice in a daily newspaper of general
circulation published in the metropolitan area or at least
twice on the Authority's website, the last publication to be at
least 10 calendar days before the time for receiving bids, and
such advertisements shall also be posted on readily accessible
bulletin boards in the principal office of the Authority. Such
advertisements shall state the time and place for receiving and
opening of bids, and by reference to plans and specifications
on file at the time of the first publication, or in the
advertisement itself, shall describe the character of the
proposed contract in sufficient detail to fully advise

SB0189 - 143 - LRB101 06690 AWJ 51717 b
prospective bidders of their obligations and to insure free and
open competitive bidding.
All bids in response to advertisements shall be sealed and
shall be publicly opened by the Board, and all bidders shall be
entitled to be present in person or by representatives. Cash or
a certified or satisfactory cashier's check, as a deposit of
good faith, in a reasonable amount to be fixed by the Board
before advertising for bids, shall be required with the
proposal of each bidder. Bond for faithful performance of the
contract with surety or sureties satisfactory to the Board and
adequate insurance may be required in reasonable amounts to be
fixed by the Board before advertising for bids.
The contract shall be awarded as promptly as possible after
the opening of bids. The bid of the successful bidder, as well
as the bids of the unsuccessful bidders, shall be placed on
file and be open to public inspection. All bids shall be void
if any disclosure of the terms of any bid in response to an
advertisement is made or permitted to be made by the Board
before the time fixed for opening bids.
Any bidder who has submitted a bid in compliance with the
requirements for bidding may bring a civil action in the
circuit court within the boundaries of the Authority to compel
compliance with the provisions of this Division relating to the
awarding of contracts by the Board.
(Source: P.A. 86-279.)

SB0189 - 144 - LRB101 06690 AWJ 51717 b
(65 ILCS 5/11-65-9) (from Ch. 24, par. 11-65-9)
Sec. 11-65-9. Every municipality owning and operating such
a municipal convention hall shall keep books of account for the
municipal convention hall separate and distinct from other
municipal accounts and in such manner as to show the true and
complete financial standing and results of the municipal
ownership and operation. These accounts shall be so kept as to
show: (1) the actual cost to the municipality of maintenance,
extension, and improvement, (2) all operating expenses of every
description, (3) if water or other service is furnished for the
use of the municipal convention hall without charge, as nearly
as possible, the value of that service, and also the value of
any use or service rendered by the municipal convention hall to
the municipality without charge, (4) reasonable allowances for
interest, depreciation, and insurance, and (5) estimates of the
amount of taxes that would be chargeable against the property
if owned by a private corporation. The corporate authorities
shall publish a report annually showing the financial results,
in the form specified in this section, of the municipal
ownership and operation 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. The publication requirement may also
be satisfied by publication of the report on the municipality's
website.
The accounts of the convention hall shall be examined at

SB0189 - 145 - LRB101 06690 AWJ 51717 b
least once a year by a licensed Certified Public Accountant
permitted to perform audits under the Illinois Public
Accounting Act who shall report to the corporate authorities
the results of his examination. This accountant shall be
selected as the corporate authorities may direct, and he shall
receive for his services such compensation, to be paid out of
the revenue from the municipal convention hall, as the
corporate authorities may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
(65 ILCS 5/11-71-3) (from Ch. 24, par. 11-71-3)
Sec. 11-71-3. The corporate authorities of any such
municipality availing of the provisions of this Division 71,
other than that concerning advertising on parking meters, shall
adopt an ordinance describing in a general way the contemplated
project and refer to plans and specifications therefor, which
shall be placed on file in the office of the clerk of such
municipality, and which shall be open for the inspection of the
public. Such ordinance shall state the estimated cost of such
project, and the method or methods of financing such project
and the amount or proportion of cost of such project to be
financed by each of such methods. If part or all of such
project is to be financed by means of revenue bonds, the
ordinance also shall fix the amount of the revenue bonds
proposed to be issued, the maturity or maturities, the interest
rate, and all details in respect thereof and shall contain such

SB0189 - 146 - LRB101 06690 AWJ 51717 b
covenants and restrictions as may be deemed necessary or
advisable by the corporate authorities. Without limiting the
generality of the foregoing, such ordinance shall contain such
provisions as may be determined by the corporate authorities as
to:
(a) The issuance of additional revenue bonds that may
thereafter be issued payable from the revenues derived from the
operation of any such parking facilities and for the payment of
the principal and interest upon such bonds;
(b) The regulation as to the use of any such parking
facilities to assure the maximum use or occupancy thereof;
(c) The kind and amount of insurance to be carried,
including use and occupancy insurance, the cost of which shall
be payable only from the revenues to be derived from the
project;
(d) Operation, maintenance, management, accounting and
auditing, and the keeping of records, reports and audits of any
such parking facilities;
(e) The obligation of the municipality to maintain the
project in good condition and to operate the same in an
economical and efficient manner;
(f) Such other provisions as may be deemed necessary or
desirable to assure a successful and profitable operation of
the project and prompt payment of principal of and interest
upon any revenue bonds so authorized.
If any part of such project is to be financed by means of

SB0189 - 147 - LRB101 06690 AWJ 51717 b
special assessments or special taxation, any ordinances or
other procedures required under Division 2 of Article 9 of this
Code shall be adopted and followed.
After the ordinance has been adopted and approved, it shall
be published once in a newspaper published and having general
circulation in such municipality, or if there be no such
newspaper published in such municipality, then the ordinance
should be posted in at least 5 of the most public places in
such municipality, and shall become effective 10 days after
publication or posting thereof. The publication requirement
may also be satisfied by publication of the ordinance on the
municipality's website.
(Source: Laws 1963, p. 2256.)
(65 ILCS 5/11-71-8) (from Ch. 24, par. 11-71-8)
Sec. 11-71-8. The corporate authorities of any such
municipality availing of the provisions of this Division 71 are
hereby given the authority to lease all or any part of any such
parking facilities, and to fix and collect the rentals
therefor, and to fix, charge and collect rentals, fees and
charges to be paid for the use of the whole or any part of any
such parking facilities, and to make contracts for the
operation and management of the same, and to provide for the
use, management and operation of such lots through lease or by
its own employees, or otherwise. However, other than for
surface parking lots, no lease for the operation or management

SB0189 - 148 - LRB101 06690 AWJ 51717 b
of any such parking facilities shall be made for more than one
year except to the highest and best bidder after notice
requesting bids shall have been given by at least one
publication in some newspaper of general circulation published
in such municipality or on the municipality's website, such
publication to be made once each week for at least 2 weeks
before the date of receiving bids therefor. All income and
revenue derived from any such lease or contract shall be
deposited in a separate account and used solely and only for
the purpose of maintaining and operating the project, and
paying the principal of and interest on any revenue bonds
issued pursuant to ordinance under the provisions of this
Division 71. Further any contract or obligation involving the
borrowing of money for such purposes, incurred by any such
municipality in the maintenance and operation of any such
parking facilities shall be payable solely and only from the
revenues derived from the operation of the project.
(Source: Laws 1963, p. 2256.)
(65 ILCS 5/11-74.2-4) (from Ch. 24, par. 11-74.2-4)
Sec. 11-74.2-4. If as a result of their initial study and
survey the corporate authorities determine that one or more
commercial blight or conservation areas exist in the
municipality, they may by resolution set forth the boundaries
of each commercial blight or conservation area and the factors
that exist in the blight or conservation areas that are

SB0189 - 149 - LRB101 06690 AWJ 51717 b
detrimental to public health, safety, morals and welfare.
In the same resolution the corporate authorities may
provide for a public hearing on commercial blight or
conservation and may submit proposed redevelopment plans for
the blight or conservation areas. At least 20 days before the
hearing the municipal clerk shall give notice of the hearing by
publication at least once in a newspaper of general circulation
within the municipality or on the municipality's website.
(Source: P.A. 81-3.)
(65 ILCS 5/11-74.2-10) (from Ch. 24, par. 11-74.2-10)
Sec. 11-74.2-10. When the corporate authorities have
acquired title to, and possession of all or any part of the
real property located within a redevelopment area, they may let
contracts for the demolition or removal of buildings and for
the removal of any debris. The corporate authorities shall
advertise for sealed bids for doing such work. The
advertisement shall describe by street number or other means of
identification the location of the buildings to be demolished
or removed and the time and place where sealed bids for the
work may be delivered to the corporate authorities. The
advertisement shall be published once in a newspaper having a
general circulation in the municipality or on the
municipality's website 20 days prior to the date for receiving
bids.
The contract for doing the work shall be let to the lowest

SB0189 - 150 - LRB101 06690 AWJ 51717 b
responsible bidder, but the corporate authorities may reject
any and all bids received and readvertise for bids. Any
contract entered into by the corporate authorities under this
Section shall contain provisions requiring the contractor to
give bond in an amount equal to 1/3 of his bid price, but in no
event in excess of $25,000, conditioned for the faithful
performance of the contract and requiring the contractor to
furnish insurance of a character and amount to be determined by
the corporate authorities protecting the corporate authorities
and the municipality, its officers, agents and employees
against any claims for personal injuries, including death and
property damage which may be asserted because of the contract.
The corporate authorities may include in any advertisement and
in the contract one or more buildings, or groups of buildings,
as they in their sole discretion may determine.
Notwithstanding the foregoing, if prior authorization is
granted by ordinance of the corporate authority, contracts for
work on commercial projects to be financed with revenue bonds
payable solely from rentals, loan repayments and other receipts
to be derived from such commercial projects, whether or not
secured by a mortgage, may be let by the prospective lessee
without advertisement or bidding.
(Source: P.A. 81-1376.)
(65 ILCS 5/11-74.2-11) (from Ch. 24, par. 11-74.2-11)
Sec. 11-74.2-11. In carrying out the provisions of a final

SB0189 - 151 - LRB101 06690 AWJ 51717 b
redevelopment plan the corporate authorities may pave and
improve streets in the redevelopment area, construct sidewalks
and install or relocate sewers, water pipes and other similar
facilities. The corporate authorities shall advertise for
sealed bids for doing such work. The advertisement shall
describe the nature of the work to be performed and the time
when and place where sealed bids for the work may be delivered
to the corporate authorities. The advertisement shall be
published once in a newspaper having a general circulation in
the municipality or on the municipality's website at least 20
days prior to the date for receiving bids. A contract for doing
the work shall be let to the lowest responsible bidder, but the
corporate authorities may reject any and all bids received and
readvertise for bids. The contractor shall enter into bond in
an amount equal to 1/3 of the amount of his bid conditioned for
the faithful performance of the contract. The sureties on such
bond and on the bond given pursuant to Section 11-74.2-10 shall
be approved by the corporate authorities.
(Source: Laws 1967, p. 3213.)
(65 ILCS 5/11-74.2-15) (from Ch. 24, par. 11-74.2-15)
Sec. 11-74.2-15. Any real property in the redevelopment
area that has not been sold, or in the case of commercial
projects sold or leased, by the corporate authorities within 5
years after they have acquired title to all the real property
in the area shall be sold by the corporate authorities at

SB0189 - 152 - LRB101 06690 AWJ 51717 b
public sale for cash to the highest bidder who obligates
himself to redevelop the property in accordance with the final
redevelopment plan. Notice of the sale and of the place where
the final redevelopment plan may be inspected shall be
published once in a newspaper having a general circulation in
the municipality in which the real property is situated or on
the municipality's website at least 20 days prior to the date
of the public sale. The notice shall contain a description of
the real property to be sold and a general statement of the use
for which such property may be developed under the
redevelopment plan.
The corporate authorities may reject the bids received if
in their opinion the highest bid does not equal or exceed the
use value of the land to be sold. Within 6 months after the
bids have been rejected, the corporate authorities shall again
advertise for sale any real property then remaining unsold.
Each additional publication and offer for bids shall be subject
to the same requirements and conditions as the original
publication.
Any deed executed by the corporate authorities under this
Division may contain such restrictions as are required by the
final redevelopment plan and necessary building and zoning
ordinances. All such deeds of conveyance shall be executed in
the name of the municipality by its chief executive officer,
and the seal of the municipality shall be attached to the
deeds.

SB0189 - 153 - LRB101 06690 AWJ 51717 b
(Source: P.A. 78-1155.)
(65 ILCS 5/11-74.2-18) (from Ch. 24, par. 11-74.2-18)
Sec. 11-74.2-18. The revenue bonds issued pursuant to this
Division shall be sold to the highest and best bidder at not
less than their par value and accrued interest. The
municipality shall, from time to time as bonds are to be sold,
advertise for proposals to purchase the bonds. Each such
advertisement may be published in such newspapers and journals
as the corporate authorities may determine but must be
published at least once in a newspaper having a general
circulation in the municipality or on the municipality's
website at least 10 days prior to the date of the opening of
the bids. The municipality may reserve the right to reject any
and all bids and readvertise for bids. Revenue bonds issued
solely for the purpose of financing a commercial project may,
notwithstanding the foregoing provisions of this Section, be
sold at private sale without advertisement at not less than par
and accrued interest.
The bonds may be issued without submitting any proposition
to the electorate by referendum or otherwise. Any bonds issued
under this Section as limited bonds as defined in Section 3 of
the Local Government Debt Reform Act shall comply with the
requirements of the Bond Issue Notification Act.
(Source: P.A. 89-655, eff. 1-1-97.)

SB0189 - 154 - LRB101 06690 AWJ 51717 b
(65 ILCS 5/11-74.3-2) (from Ch. 24, par. 11-74.3-2)
Sec. 11-74.3-2. Procedures to designate business
districts; ordinances; notice; hearings.
(a) The corporate authorities of a municipality shall by
ordinance propose the approval of a business district plan and
designation of a business district and shall fix a time and
place for a public hearing on the proposals to approve a
business district plan and designate a business district.
(b) Notice of the public hearing shall be given by
publication at least twice, the first publication to be not
more than 30 nor less than 10 days prior to the hearing, in a
newspaper of general circulation within the municipality or at
least twice on the municipality's website. Each notice
published pursuant to this Section shall include the following:
(1) The time and place of the public hearing;
(2) The boundaries of the proposed business district by
legal description and, where possible, by street location;
(3) A notification that all interested persons will be
given an opportunity to be heard at the public hearing;
(4) A description of the business district plan if a
business district plan is a subject matter of the public
hearing;
(5) The rate of any tax to be imposed pursuant to
subsection (10) or (11) of Section 11-74.3-3;
(6) An invitation for any person to submit alternate
proposals or bids for any proposed conveyance, lease,

SB0189 - 155 - LRB101 06690 AWJ 51717 b
mortgage, or other disposition by the municipality of land
or rights in land owned by the municipality and located
within the proposed business district; and
(7) Such other matters as the municipality shall deem
appropriate.
(c) At the public hearing any interested person may file
written objections with the municipal clerk and may be heard
orally with respect to any matters embodied in the notice. The
municipality shall hear and determine all alternate proposals
or bids for any proposed conveyance, lease, mortgage, or other
disposition by the municipality of land or rights in land owned
by the municipality and located within the proposed business
district and all protests and objections at the hearing,
provided, however, that the corporate authorities of the
municipality may establish reasonable rules regarding the
length of time provided to members of the general public. The
hearing may be adjourned to another date without further notice
other than a motion to be entered upon the minutes fixing the
time and place of the adjourned hearing. Public hearings with
regard to approval of a business district plan or designation
of a business district may be held simultaneously.
(d) At the public hearing or at any time prior to the
adoption by the municipality of an ordinance approving a
business district plan, the municipality may make changes in
the business district plan. Changes which do not (i) alter the
exterior boundaries of the proposed business district, (ii)

SB0189 - 156 - LRB101 06690 AWJ 51717 b
substantially affect the general land uses described in the
proposed business district plan, (iii) substantially change
the nature of any proposed business district project, (iv)
change the description of any proposed developer, user, or
tenant of any property to be located or improved within the
proposed business district, (v) increase the total estimated
business district project costs set out in the business
district plan by more than 5%, (vi) add additional business
district costs to the itemized list of estimated business
district costs as proposed in the business district plan, or
(vii) impose or increase the rate of any tax to be imposed
pursuant to subsection (10) or (11) of Section 11-74.3-3 may be
made by the municipality without further public hearing,
provided the municipality shall give notice of its changes by
publication in a newspaper of general circulation within the
municipality or on the municipality's website. Such notice by
publication shall be given not later than 30 days following the
adoption of an ordinance approving such changes. Changes which
(i) alter the exterior boundaries of the proposed business
district, (ii) substantially affect the general land uses
described in the proposed business district plan, (iii)
substantially change the nature of any proposed business
district project, (iv) change the description of any proposed
developer, user, or tenant of any property to be located or
improved within the proposed business district, (v) increase
the total estimated business district project costs set out in

SB0189 - 157 - LRB101 06690 AWJ 51717 b
the business district plan by more than 5%, (vi) add additional
business district costs to the itemized list of estimated
business district costs as proposed in the business district
plan, or (vii) impose or increase the rate of any tax to be
imposed pursuant to subsection (10) or (11) of Section
11-74.3-3 may be made by the municipality only after the
municipality by ordinance fixes a time and place for, gives
notice by publication of, and conducts a public hearing
pursuant to the procedures set forth hereinabove.
(e) By ordinance adopted within 90 days of the final
adjournment of the public hearing a municipality may approve
the business district plan and designate the business district.
Any ordinance adopted which approves a business district plan
shall contain findings that the business district on the whole
has not been subject to growth and development through
investment by private enterprises and would not reasonably be
anticipated to be developed or redeveloped without the adoption
of the business district plan. Any ordinance adopted which
designates a business district shall contain the boundaries of
such business district by legal description and, where
possible, by street location, a finding that the business
district plan conforms to the comprehensive plan for the
development of the municipality as a whole, or, for
municipalities with a population of 100,000 or more, regardless
of when the business district plan was approved, the business
district plan either (i) conforms to the strategic economic

SB0189 - 158 - LRB101 06690 AWJ 51717 b
development or redevelopment plan issued by the designated
planning authority or the municipality or (ii) includes land
uses that have been approved by the planning commission of the
municipality, and, for any business district in which the
municipality intends to impose taxes as provided in subsection
(10) or (11) of Section 11-74.3-3, a specific finding that the
business district qualifies as a blighted area as defined in
Section 11-74.3-5.
(f) After a municipality has by ordinance approved a
business district plan and designated a business district, the
plan may be amended, the boundaries of the business district
may be altered, and the taxes provided for in subsections (10)
and (11) of Section 11-74.3-3 may be imposed or altered only as
provided in this subsection. Changes which do not (i) alter the
exterior boundaries of the proposed business district, (ii)
substantially affect the general land uses described in the
business district plan, (iii) substantially change the nature
of any business district project, (iv) change the description
of any developer, user, or tenant of any property to be located
or improved within the proposed business district, (v) increase
the total estimated business district project costs set out in
the business district plan by more than 5% after adjustment for
inflation from the date the business district plan was
approved, (vi) add additional business district costs to the
itemized list of estimated business district costs as approved
in the business district plan, or (vii) impose or increase the

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rate of any tax to be imposed pursuant to subsection (10) or
(11) of Section 11-74.3-3 may be made by the municipality
without further public hearing, provided the municipality
shall give notice of its changes by publication in a newspaper
of general circulation within the municipality or on the
municipality's website. Such notice by publication shall be
given not later than 30 days following the adoption of an
ordinance approving such changes. Changes which (i) alter the
exterior boundaries of the business district, (ii)
substantially affect the general land uses described in the
business district plan, (iii) substantially change the nature
of any business district project, (iv) change the description
of any developer, user, or tenant of any property to be located
or improved within the proposed business district, (v) increase
the total estimated business district project costs set out in
the business district plan by more than 5% after adjustment for
inflation from the date the business district plan was
approved, (vi) add additional business district costs to the
itemized list of estimated business district costs as approved
in the business district plan, or (vii) impose or increase the
rate of any tax to be imposed pursuant to subsection (10) or
(11) of Section 11-74.3-3 may be made by the municipality only
after the municipality by ordinance fixes a time and place for,
gives notice by publication of, and conducts a public hearing
pursuant to the procedures set forth in this Section.
(Source: P.A. 96-1394, eff. 7-29-10; 96-1555, eff. 3-18-11;

SB0189 - 160 - LRB101 06690 AWJ 51717 b
97-333, eff. 8-12-11.)
(65 ILCS 5/11-74.3-6)
Sec. 11-74.3-6. Business district revenue and obligations;
business district tax allocation fund.
(a) If the corporate authorities of a municipality have
approved a business district plan, have designated a business
district, and have elected to impose a tax by ordinance
pursuant to subsection (10) or (11) of Section 11-74.3-3, then
each year after the date of the approval of the ordinance but
terminating upon the date all business district project costs
and all obligations paying or reimbursing business district
project costs, if any, have been paid, but in no event later
than the dissolution date, all amounts generated by the
retailers' occupation tax and service occupation tax shall be
collected and the tax shall be enforced by the Department of
Revenue in the same manner as all retailers' occupation taxes
and service occupation taxes imposed in the municipality
imposing the tax and all amounts generated by the hotel
operators' occupation tax shall be collected and the tax shall
be enforced by the municipality in the same manner as all hotel
operators' occupation taxes imposed in the municipality
imposing the tax. The corporate authorities of the municipality
shall deposit the proceeds of the taxes imposed under
subsections (10) and (11) of Section 11-74.3-3 into a special
fund of the municipality called the "[Name of] Business

SB0189 - 161 - LRB101 06690 AWJ 51717 b
District Tax Allocation Fund" for the purpose of paying or
reimbursing business district project costs and obligations
incurred in the payment of those costs.
(b) The corporate authorities of a municipality that has
designated a business district under this Law may, by
ordinance, impose a Business District Retailers' Occupation
Tax upon all persons engaged in the business of selling
tangible personal property, other than an item of tangible
personal property titled or registered with an agency of this
State's government, at retail in the business district at a
rate not to exceed 1% of the gross receipts from the sales made
in the course of such business, to be imposed only in 0.25%
increments. The tax may not be imposed on tangible personal
property taxed at the rate of 1% under the Retailers'
Occupation Tax Act.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department of Revenue. The
certificate of registration that is issued by the Department to
a retailer under the Retailers' Occupation Tax Act shall permit
the retailer to engage in a business that is taxable under any
ordinance or resolution enacted pursuant to this subsection
without registering separately with the Department under such
ordinance or resolution or under this subsection. The
Department of Revenue shall have full power to administer and
enforce this subsection; to collect all taxes and penalties due

SB0189 - 162 - LRB101 06690 AWJ 51717 b
under this subsection in the manner hereinafter provided; and
to determine all rights to credit memoranda arising on account
of the erroneous payment of tax or penalty under this
subsection. In the administration of, and compliance with, this
subsection, the Department and persons who are subject to this
subsection shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions, and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 1, 1a through 1o, 2
through 2-65 (in respect to all provisions therein other than
the State rate of tax), 2c through 2h, 3 (except as to the
disposition of taxes and penalties collected), 4, 5, 5a, 5c,
5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11,
12, 13, and 14 of the Retailers' Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully as
if those provisions were set forth herein.
Persons subject to any tax imposed under this subsection
may reimburse themselves for their seller's tax liability under
this subsection by separately stating the tax as an additional
charge, which charge may be stated in combination, in a single
amount, with State taxes that sellers are required to collect
under the Use Tax Act, in accordance with such bracket
schedules as the Department may prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a

SB0189 - 163 - LRB101 06690 AWJ 51717 b
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the business district retailers' occupation
tax fund.
The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes, penalties, and
interest collected under this subsection for deposit into the
business district retailers' occupation tax fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
from the business district retailers' occupation tax fund, the
municipalities to be those from which retailers have paid taxes
or penalties under this subsection to the Department during the
second preceding calendar month. The amount to be paid to each

SB0189 - 164 - LRB101 06690 AWJ 51717 b
municipality shall be the amount (not including credit
memoranda) collected under this subsection during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts that
were erroneously paid to a different taxing body, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department, less 2%
of that amount, which shall be deposited into the Tax
Compliance and Administration Fund and shall be used by the
Department, subject to appropriation, to cover the costs of the
Department in administering and enforcing the provisions of
this subsection, on behalf of such municipality, and not
including any amount that the Department determines is
necessary to offset any amounts that were payable to a
different taxing body but were erroneously paid to the
municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt by the Comptroller of the disbursement
certification to the municipalities provided for in this
subsection to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained
in the certification. The proceeds of the tax paid to
municipalities under this subsection shall be deposited into
the Business District Tax Allocation Fund by the municipality.
An ordinance imposing or discontinuing the tax under this

SB0189 - 165 - LRB101 06690 AWJ 51717 b
subsection or effecting a change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with
the Department on or before the first day of April, whereupon
the Department, if all other requirements of this subsection
are met, shall proceed to administer and enforce this
subsection as of the first day of July next following the
adoption and filing; or (ii) be adopted and a certified copy
thereof filed with the Department on or before the first day of
October, whereupon, if all other requirements of this
subsection are met, the Department shall proceed to administer
and enforce this subsection as of the first day of January next
following the adoption and filing.
The Department of Revenue shall not administer or enforce
an ordinance imposing, discontinuing, or changing the rate of
the tax under this subsection, until the municipality also
provides, in the manner prescribed by the Department, the
boundaries of the business district and each address in the
business district in such a way that the Department can
determine by its address whether a business is located in the
business district. The municipality must provide this boundary
and address information to the Department on or before April 1
for administration and enforcement of the tax under this
subsection by the Department beginning on the following July 1
and on or before October 1 for administration and enforcement
of the tax under this subsection by the Department beginning on
the following January 1. The Department of Revenue shall not

SB0189 - 166 - LRB101 06690 AWJ 51717 b
administer or enforce any change made to the boundaries of a
business district or address change, addition, or deletion
until the municipality reports the boundary change or address
change, addition, or deletion to the Department in the manner
prescribed by the Department. The municipality must provide
this boundary change information or address change, addition,
or deletion to the Department on or before April 1 for
administration and enforcement by the Department of the change
beginning on the following July 1 and on or before October 1
for administration and enforcement by the Department of the
change beginning on the following January 1. The retailers in
the business district shall be responsible for charging the tax
imposed under this subsection. If a retailer is incorrectly
included or excluded from the list of those required to collect
the tax under this subsection, both the Department of Revenue
and the retailer shall be held harmless if they reasonably
relied on information provided by the municipality.
A municipality that imposes the tax under this subsection
must submit to the Department of Revenue any other information
as the Department may require for the administration and
enforcement of the tax.
When certifying the amount of a monthly disbursement to a
municipality under this subsection, the Department shall
increase or decrease the amount by an amount necessary to
offset any misallocation of previous disbursements. The offset
amount shall be the amount erroneously disbursed within the

SB0189 - 167 - LRB101 06690 AWJ 51717 b
previous 6 months from the time a misallocation is discovered.
Nothing in this subsection shall be construed to authorize
the municipality to impose a tax upon the privilege of engaging
in any business which under the Constitution of the United
States may not be made the subject of taxation by this State.
If a tax is imposed under this subsection (b), a tax shall
also be imposed under subsection (c) of this Section.
(c) If a tax has been imposed under subsection (b), a
Business District Service Occupation Tax shall also be imposed
upon all persons engaged, in the business district, in the
business of making sales of service, who, as an incident to
making those sales of service, transfer tangible personal
property within the business district, either in the form of
tangible personal property or in the form of real estate as an
incident to a sale of service. The tax shall be imposed at the
same rate as the tax imposed in subsection (b) and shall not
exceed 1% of the selling price of tangible personal property so
transferred within the business district, to be imposed only in
0.25% increments. The tax may not be imposed on tangible
personal property taxed at the 1% rate under the Service
Occupation Tax Act.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department of Revenue. The
certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act or under

SB0189 - 168 - LRB101 06690 AWJ 51717 b
the Service Occupation Tax Act shall permit such registrant to
engage in a business which is taxable under any ordinance or
resolution enacted pursuant to this subsection without
registering separately with the Department under such
ordinance or resolution or under this subsection. The
Department of Revenue shall have full power to administer and
enforce this subsection; to collect all taxes and penalties due
under this subsection; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty under this subsection. In
the administration of, and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms and employ the same modes of procedure
as are prescribed in Sections 2, 2a through 2d, 3 through 3-50
(in respect to all provisions therein other than the State rate
of tax), 4 (except that the reference to the State shall be to
the business district), 5, 7, 8 (except that the jurisdiction
to which the tax shall be a debt to the extent indicated in
that Section 8 shall be the municipality), 9 (except as to the
disposition of taxes and penalties collected, and except that
the returned merchandise credit for this tax may not be taken
against any State tax), 10, 11, 12 (except the reference

SB0189 - 169 - LRB101 06690 AWJ 51717 b
therein to Section 2b of the Retailers' Occupation Tax Act), 13
(except that any reference to the State shall mean the
municipality), the first paragraph of Section 15, and Sections
16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully as
if those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that servicemen
are authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State
Treasurer out of the business district retailers' occupation
tax fund.
The Department shall forthwith pay over to the State
Treasurer, ex-officio, as trustee, all taxes, penalties, and
interest collected under this subsection for deposit into the
business district retailers' occupation tax fund.

SB0189 - 170 - LRB101 06690 AWJ 51717 b
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
from the business district retailers' occupation tax fund, the
municipalities to be those from which suppliers and servicemen
have paid taxes or penalties under this subsection to the
Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected under this subsection
during the second preceding calendar month by the Department,
less 2% of that amount, which shall be deposited into the Tax
Compliance and Administration Fund and shall be used by the
Department, subject to appropriation, to cover the costs of the
Department in administering and enforcing the provisions of
this subsection, and not including an amount equal to the
amount of refunds made during the second preceding calendar
month by the Department on behalf of such municipality, and not

SB0189 - 171 - LRB101 06690 AWJ 51717 b
including any amounts that are transferred to the STAR Bonds
Revenue Fund. Within 10 days after receipt, by the Comptroller,
of the disbursement certification to the municipalities,
provided for in this subsection to be given to the Comptroller
by the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in such certification. The proceeds of the
tax paid to municipalities under this subsection shall be
deposited into the Business District Tax Allocation Fund by the
municipality.
An ordinance imposing or discontinuing the tax under this
subsection or effecting a change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with
the Department on or before the first day of April, whereupon
the Department, if all other requirements of this subsection
are met, shall proceed to administer and enforce this
subsection as of the first day of July next following the
adoption and filing; or (ii) be adopted and a certified copy
thereof filed with the Department on or before the first day of
October, whereupon, if all other conditions of this subsection
are met, the Department shall proceed to administer and enforce
this subsection as of the first day of January next following
the adoption and filing.
The Department of Revenue shall not administer or enforce
an ordinance imposing, discontinuing, or changing the rate of
the tax under this subsection, until the municipality also

SB0189 - 172 - LRB101 06690 AWJ 51717 b
provides, in the manner prescribed by the Department, the
boundaries of the business district in such a way that the
Department can determine by its address whether a business is
located in the business district. The municipality must provide
this boundary and address information to the Department on or
before April 1 for administration and enforcement of the tax
under this subsection by the Department beginning on the
following July 1 and on or before October 1 for administration
and enforcement of the tax under this subsection by the
Department beginning on the following January 1. The Department
of Revenue shall not administer or enforce any change made to
the boundaries of a business district or address change,
addition, or deletion until the municipality reports the
boundary change or address change, addition, or deletion to the
Department in the manner prescribed by the Department. The
municipality must provide this boundary change information or
address change, addition, or deletion to the Department on or
before April 1 for administration and enforcement by the
Department of the change beginning on the following July 1 and
on or before October 1 for administration and enforcement by
the Department of the change beginning on the following January
1. The retailers in the business district shall be responsible
for charging the tax imposed under this subsection. If a
retailer is incorrectly included or excluded from the list of
those required to collect the tax under this subsection, both
the Department of Revenue and the retailer shall be held

SB0189 - 173 - LRB101 06690 AWJ 51717 b
harmless if they reasonably relied on information provided by
the municipality.
A municipality that imposes the tax under this subsection
must submit to the Department of Revenue any other information
as the Department may require for the administration and
enforcement of the tax.
Nothing in this subsection shall be construed to authorize
the municipality to impose a tax upon the privilege of engaging
in any business which under the Constitution of the United
States may not be made the subject of taxation by the State.
If a tax is imposed under this subsection (c), a tax shall
also be imposed under subsection (b) of this Section.
(d) By ordinance, a municipality that has designated a
business district under this Law may impose an occupation tax
upon all persons engaged in the business district in the
business of renting, leasing, or letting rooms in a hotel, as
defined in the Hotel Operators' Occupation Tax Act, at a rate
not to exceed 1% of the gross rental receipts from the renting,
leasing, or letting of hotel rooms within the business
district, to be imposed only in 0.25% increments, excluding,
however, from gross rental receipts the proceeds of renting,
leasing, or letting to permanent residents of a hotel, as
defined in the Hotel Operators' Occupation Tax Act, and
proceeds from the tax imposed under subsection (c) of Section
13 of the Metropolitan Pier and Exposition Authority Act.
The tax imposed by the municipality under this subsection

SB0189 - 174 - LRB101 06690 AWJ 51717 b
and all civil penalties that may be assessed as an incident to
that tax shall be collected and enforced by the municipality
imposing the tax. The municipality shall have full power to
administer and enforce this subsection, to collect all taxes
and penalties due under this subsection, to dispose of taxes
and penalties so collected in the manner provided in this
subsection, and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty
under this subsection. In the administration of and compliance
with this subsection, the municipality and persons who are
subject to this subsection shall have the same rights,
remedies, privileges, immunities, powers, and duties, shall be
subject to the same conditions, restrictions, limitations,
penalties, and definitions of terms, and shall employ the same
modes of procedure as are employed with respect to a tax
adopted by the municipality under Section 8-3-14 of this Code.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability for that tax by separately stating that tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State taxes imposed under the Hotel
Operators' Occupation Tax Act, and with any other tax.
Nothing in this subsection shall be construed to authorize
a municipality to impose a tax upon the privilege of engaging
in any business which under the Constitution of the United
States may not be made the subject of taxation by this State.

SB0189 - 175 - LRB101 06690 AWJ 51717 b
The proceeds of the tax imposed under this subsection shall
be deposited into the Business District Tax Allocation Fund.
(e) Obligations secured by the Business District Tax
Allocation Fund may be issued to provide for the payment or
reimbursement of business district project costs. Those
obligations, when so issued, shall be retired in the manner
provided in the ordinance authorizing the issuance of those
obligations by the receipts of taxes imposed pursuant to
subsections (10) and (11) of Section 11-74.3-3 and by other
revenue designated or pledged by the municipality. A
municipality may in the ordinance pledge, for any period of
time up to and including the dissolution date, all or any part
of the funds in and to be deposited in the Business District
Tax Allocation Fund to the payment of business district project
costs and obligations. Whenever a municipality pledges all of
the funds to the credit of a business district tax allocation
fund to secure obligations issued or to be issued to pay or
reimburse business district project costs, the municipality
may specifically provide that funds remaining to the credit of
such business district tax allocation fund after the payment of
such obligations shall be accounted for annually and shall be
deemed to be "surplus" funds, and such "surplus" funds shall be
expended by the municipality for any business district project
cost as approved in the business district plan. Whenever a
municipality pledges less than all of the monies to the credit
of a business district tax allocation fund to secure

SB0189 - 176 - LRB101 06690 AWJ 51717 b
obligations issued or to be issued to pay or reimburse business
district project costs, the municipality shall provide that
monies to the credit of the business district tax allocation
fund and not subject to such pledge or otherwise encumbered or
required for payment of contractual obligations for specific
business district project costs shall be calculated annually
and shall be deemed to be "surplus" funds, and such "surplus"
funds shall be expended by the municipality for any business
district project cost as approved in the business district
plan.
No obligation issued pursuant to this Law and secured by a
pledge of all or any portion of any revenues received or to be
received by the municipality from the imposition of taxes
pursuant to subsection (10) of Section 11-74.3-3, shall be
deemed to constitute an economic incentive agreement under
Section 8-11-20, notwithstanding the fact that such pledge
provides for the sharing, rebate, or payment of retailers'
occupation taxes or service occupation taxes imposed pursuant
to subsection (10) of Section 11-74.3-3 and received or to be
received by the municipality from the development or
redevelopment of properties in the business district.
Without limiting the foregoing in this Section, the
municipality may further secure obligations secured by the
business district tax allocation fund with a pledge, for a
period not greater than the term of the obligations and in any
case not longer than the dissolution date, of any part or any

SB0189 - 177 - LRB101 06690 AWJ 51717 b
combination of the following: (i) net revenues of all or part
of any business district project; (ii) taxes levied or imposed
by the municipality on any or all property in the municipality,
including, specifically, taxes levied or imposed by the
municipality in a special service area pursuant to the Special
Service Area Tax Law; (iii) the full faith and credit of the
municipality; (iv) a mortgage on part or all of the business
district project; or (v) any other taxes or anticipated
receipts that the municipality may lawfully pledge.
Such obligations may be issued in one or more series, bear
such date or dates, become due at such time or times as therein
provided, but in any case not later than (i) 20 years after the
date of issue or (ii) the dissolution date, whichever is
earlier, bear interest payable at such intervals and at such
rate or rates as set forth therein, except as may be limited by
applicable law, which rate or rates may be fixed or variable,
be in such denominations, be in such form, either coupon,
registered, or book-entry, carry such conversion, registration
and exchange privileges, be subject to defeasance upon such
terms, have such rank or priority, be executed in such manner,
be payable in such medium or payment at such place or places
within or without the State, make provision for a corporate
trustee within or without the State with respect to such
obligations, prescribe the rights, powers, and duties thereof
to be exercised for the benefit of the municipality and the
benefit of the owners of such obligations, provide for the

SB0189 - 178 - LRB101 06690 AWJ 51717 b
holding in trust, investment, and use of moneys, funds, and
accounts held under an ordinance, provide for assignment of and
direct payment of the moneys to pay such obligations or to be
deposited into such funds or accounts directly to such trustee,
be subject to such terms of redemption with or without premium,
and be sold at such price, all as the corporate authorities
shall determine. No referendum approval of the electors shall
be required as a condition to the issuance of obligations
pursuant to this Law except as provided in this Section.
In the event the municipality authorizes the issuance of
obligations pursuant to the authority of this Law secured by
the full faith and credit of the municipality, or pledges ad
valorem taxes pursuant to this subsection, which obligations
are other than obligations which may be issued under home rule
powers provided by Section 6 of Article VII of the Illinois
Constitution or which ad valorem taxes are other than ad
valorem taxes which may be pledged under home rule powers
provided by Section 6 of Article VII of the Illinois
Constitution or which are levied in a special service area
pursuant to the Special Service Area Tax Law, the ordinance
authorizing the issuance of those obligations or pledging those
taxes shall be published within 10 days after the ordinance has
been adopted, in a newspaper having a general circulation
within the municipality or on the municipality's website. The
publication of the ordinance shall be accompanied by a notice
of (i) the specific number of voters required to sign a

SB0189 - 179 - LRB101 06690 AWJ 51717 b
petition requesting the question of the issuance of the
obligations or pledging such ad valorem taxes to be submitted
to the electors; (ii) the time within which the petition must
be filed; and (iii) the date of the prospective referendum. The
municipal clerk shall provide a petition form to any individual
requesting one.
If no petition is filed with the municipal clerk, as
hereinafter provided in this Section, within 21 days after the
publication of the ordinance, the ordinance shall be in effect.
However, if within that 21-day period a petition is filed with
the municipal clerk, signed by electors numbering not less than
15% of the number of electors voting for the mayor or president
at the last general municipal election, asking that the
question of issuing obligations using full faith and credit of
the municipality as security for the cost of paying or
reimbursing business district project costs, or of pledging
such ad valorem taxes for the payment of those obligations, or
both, be submitted to the electors of the municipality, the
municipality shall not be authorized to issue obligations of
the municipality using the full faith and credit of the
municipality as security or pledging such ad valorem taxes for
the payment of those obligations, or both, until the
proposition has been submitted to and approved by a majority of
the voters voting on the proposition at a regularly scheduled
election. The municipality shall certify the proposition to the
proper election authorities for submission in accordance with

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the general election law.
The ordinance authorizing the obligations may provide that
the obligations shall contain a recital that they are issued
pursuant to this Law, which recital shall be conclusive
evidence of their validity and of the regularity of their
issuance.
In the event the municipality authorizes issuance of
obligations pursuant to this Law secured by the full faith and
credit of the municipality, the ordinance authorizing the
obligations may provide for the levy and collection of a direct
annual tax upon all taxable property within the municipality
sufficient to pay the principal thereof and interest thereon as
it matures, which levy may be in addition to and exclusive of
the maximum of all other taxes authorized to be levied by the
municipality, which levy, however, shall be abated to the
extent that monies from other sources are available for payment
of the obligations and the municipality certifies the amount of
those monies available to the county clerk.
A certified copy of the ordinance shall be filed with the
county clerk of each county in which any portion of the
municipality is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited
in the business district tax allocation fund.
A municipality may also issue its obligations to refund, in
whole or in part, obligations theretofore issued by the
municipality under the authority of this Law, whether at or

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prior to maturity. However, the last maturity of the refunding
obligations shall not be expressed to mature later than the
dissolution date.
In the event a municipality issues obligations under home
rule powers or other legislative authority, the proceeds of
which are pledged to pay or reimburse business district project
costs, the municipality may, if it has followed the procedures
in conformance with this Law, retire those obligations from
funds in the business district tax allocation fund in amounts
and in such manner as if those obligations had been issued
pursuant to the provisions of this Law.
No obligations issued pursuant to this Law shall be
regarded as indebtedness of the municipality issuing those
obligations or any other taxing district for the purpose of any
limitation imposed by law.
Obligations issued pursuant to this Law shall not be
subject to the provisions of the Bond Authorization Act.
(f) When business district project costs, including,
without limitation, all obligations paying or reimbursing
business district project costs have been paid, any surplus
funds then remaining in the Business District Tax Allocation
Fund shall be distributed to the municipal treasurer for
deposit into the general corporate fund of the municipality.
Upon payment of all business district project costs and
retirement of all obligations paying or reimbursing business
district project costs, but in no event more than 23 years

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after the date of adoption of the ordinance imposing taxes
pursuant to subsection (10) or (11) of Section 11-74.3-3, the
municipality shall adopt an ordinance immediately rescinding
the taxes imposed pursuant to subsection (10) or (11) of
Section 11-74.3-3.
(Source: P.A. 99-143, eff. 7-27-15; 100-1171, eff. 1-4-19.)
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. Public hearing; joint review board.
(a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st
General Assembly, has adopted an ordinance or resolution fixing
a time and place for a public hearing under this Section or
(ii) before July 1, 1999, has adopted an ordinance or
resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4, until
after that municipality adopts an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4;
thereafter the changes made by this amendatory Act of the 91st
General Assembly apply to the same extent that they apply to
redevelopment plans and redevelopment projects that were
approved and redevelopment projects that were designated

SB0189 - 183 - LRB101 06690 AWJ 51717 b
before the effective date of this amendatory Act of the 91st
General Assembly.
Prior to the adoption of an ordinance proposing the
designation of a redevelopment project area, or approving a
redevelopment plan or redevelopment project, the municipality
by its corporate authorities, or as it may determine by any
commission designated under subsection (k) of Section
11-74.4-4 shall adopt an ordinance or resolution fixing a time
and place for public hearing. At least 10 days prior to the
adoption of the ordinance or resolution establishing the time
and place for the public hearing, the municipality shall make
available for public inspection a redevelopment plan or a
separate report that provides in reasonable detail the basis
for the eligibility of the redevelopment project area. The
report along with the name of a person to contact for further
information shall be sent within a reasonable time after the
adoption of such ordinance or resolution to the affected taxing
districts by certified mail. The On and after the effective
date of this amendatory Act of the 91st General Assembly, the
municipality shall print in a newspaper of general circulation
within the municipality or on the municipality's website a
notice that interested persons may register with the
municipality in order to receive information on the proposed
designation of a redevelopment project area or the approval of
a redevelopment plan. The notice shall state the place of
registration and the operating hours of that place. The

SB0189 - 184 - LRB101 06690 AWJ 51717 b
municipality shall have adopted reasonable rules to implement
this registration process under Section 11-74.4-4.2. The
municipality shall provide notice of the availability of the
redevelopment plan and eligibility report, including how to
obtain this information, by mail within a reasonable time after
the adoption of the ordinance or resolution, to all residential
addresses that, after a good faith effort, the municipality
determines are located outside the proposed redevelopment
project area and within 750 feet of the boundaries of the
proposed redevelopment project area. This requirement is
subject to the limitation that in a municipality with a
population of over 100,000, if the total number of residential
addresses outside the proposed redevelopment project area and
within 750 feet of the boundaries of the proposed redevelopment
project area exceeds 750, the municipality shall be required to
provide the notice to only the 750 residential addresses that,
after a good faith effort, the municipality determines are
outside the proposed redevelopment project area and closest to
the boundaries of the proposed redevelopment project area.
Notwithstanding the foregoing, notice given after August 7,
2001 (the effective date of Public Act 92-263) and before the
effective date of this amendatory Act of the 92nd General
Assembly to residential addresses within 750 feet of the
boundaries of a proposed redevelopment project area shall be
deemed to have been sufficiently given in compliance with this
Act if given only to residents outside the boundaries of the

SB0189 - 185 - LRB101 06690 AWJ 51717 b
proposed redevelopment project area. The notice shall also be
provided by the municipality, regardless of its population, to
those organizations and residents that have registered with the
municipality for that information in accordance with the
registration guidelines established by the municipality under
Section 11-74.4-4.2.
At the public hearing any interested person or affected
taxing district may file with the municipal clerk written
objections to and may be heard orally in respect to any issues
embodied in the notice. The municipality shall hear all
protests and objections at the hearing and the hearing may be
adjourned to another date without further notice other than a
motion to be entered upon the minutes fixing the time and place
of the subsequent hearing. At the public hearing or at any time
prior to the adoption by the municipality of an ordinance
approving a redevelopment plan, the municipality may make
changes in the redevelopment plan. Changes which (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change
the nature of or extend the life of the redevelopment project,
or (4) increase the number of inhabited residential units to be
displaced from the redevelopment project area, as measured from
the time of creation of the redevelopment project area, to a
total of more than 10, shall be made only after the
municipality gives notice, convenes a joint review board, and

SB0189 - 186 - LRB101 06690 AWJ 51717 b
conducts a public hearing pursuant to the procedures set forth
in this Section and in Section 11-74.4-6 of this Act. Changes
which do not (1) add additional parcels of property to the
proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3)
substantially change the nature of or extend the life of the
redevelopment project, or (4) increase the number of inhabited
residential units to be displaced from the redevelopment
project area, as measured from the time of creation of the
redevelopment project area, to a total of more than 10, may be
made without further hearing, provided that the municipality
shall give notice of any such changes by mail to each affected
taxing district and registrant on the interested parties
registry, provided for under Section 11-74.4-4.2, and by
publication in a newspaper of general circulation within the
affected taxing district. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes. Hearings with regard
to a redevelopment project area, project or plan may be held
simultaneously.
(b) Prior to holding a public hearing to approve or amend a
redevelopment plan or to designate or add additional parcels of
property to a redevelopment project area, the municipality
shall convene a joint review board. The board shall consist of
a representative selected by each community college district,
local elementary school district and high school district or

SB0189 - 187 - LRB101 06690 AWJ 51717 b
each local community unit school district, park district,
library district, township, fire protection district, and
county that will have the authority to directly levy taxes on
the property within the proposed redevelopment project area at
the time that the proposed redevelopment project area is
approved, a representative selected by the municipality and a
public member. The public member shall first be selected and
then the board's chairperson shall be selected by a majority of
the board members present and voting.
For redevelopment project areas with redevelopment plans
or proposed redevelopment plans that would result in the
displacement of residents from 10 or more inhabited residential
units or that include 75 or more inhabited residential units,
the public member shall be a person who resides in the
redevelopment project area. If, as determined by the housing
impact study provided for in paragraph (5) of subsection (n) of
Section 11-74.4-3, or if no housing impact study is required
then based on other reasonable data, the majority of
residential units are occupied by very low, low, or moderate
income households, as defined in Section 3 of the Illinois
Affordable Housing Act, the public member shall be a person who
resides in very low, low, or moderate income housing within the
redevelopment project area. Municipalities with fewer than
15,000 residents shall not be required to select a person who
lives in very low, low, or moderate income housing within the
redevelopment project area, provided that the redevelopment

SB0189 - 188 - LRB101 06690 AWJ 51717 b
plan or project will not result in displacement of residents
from 10 or more inhabited units, and the municipality so
certifies in the plan. If no person satisfying these
requirements is available or if no qualified person will serve
as the public member, then the joint review board is relieved
of this paragraph's selection requirements for the public
member.
Within 90 days of the effective date of this amendatory Act
of the 91st General Assembly, each municipality that designated
a redevelopment project area for which it was not required to
convene a joint review board under this Section shall convene a
joint review board to perform the duties specified under
paragraph (e) of this Section.
All board members shall be appointed and the first board
meeting shall be held at least 14 days but not more than 28
days after the mailing of notice by the municipality to the
taxing districts as required by Section 11-74.4-6(c).
Notwithstanding the preceding sentence, a municipality that
adopted either a public hearing resolution or a feasibility
resolution between July 1, 1999 and July 1, 2000 that called
for the meeting of the joint review board within 14 days of
notice of public hearing to affected taxing districts is deemed
to be in compliance with the notice, meeting, and public
hearing provisions of the Act. Such notice shall also advise
the taxing bodies represented on the joint review board of the
time and place of the first meeting of the board. Additional

SB0189 - 189 - LRB101 06690 AWJ 51717 b
meetings of the board shall be held upon the call of any
member. The municipality seeking designation of the
redevelopment project area shall provide administrative
support to the board.
The board shall review (i) the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project and (ii) proposed amendments to the
redevelopment plan or additions of parcels of property to the
redevelopment project area to be adopted by the municipality.
As part of its deliberations, the board may hold additional
hearings on the proposal. A board's recommendation shall be an
advisory, non-binding recommendation. The recommendation shall
be adopted by a majority of those members present and voting.
The recommendations shall be submitted to the municipality
within 30 days after convening of the board. Failure of the
board to submit its report on a timely basis shall not be cause
to delay the public hearing or any other step in the process of
designating or amending the redevelopment project area but
shall be deemed to constitute approval by the joint review
board of the matters before it.
The board shall base its recommendation to approve or
disapprove the redevelopment plan and the designation of the
redevelopment project area or the amendment of the
redevelopment plan or addition of parcels of property to the
redevelopment project area on the basis of the redevelopment
project area and redevelopment plan satisfying the plan

SB0189 - 190 - LRB101 06690 AWJ 51717 b
requirements, the eligibility criteria defined in Section
11-74.4-3, and the objectives of this Act.
The board shall issue a written report describing why the
redevelopment plan and project area or the amendment thereof
meets or fails to meet one or more of the objectives of this
Act and both the plan requirements and the eligibility criteria
defined in Section 11-74.4-3. In the event the Board does not
file a report it shall be presumed that these taxing bodies
find the redevelopment project area and redevelopment plan
satisfy the objectives of this Act and the plan requirements
and eligibility criteria.
If the board recommends rejection of the matters before it,
the municipality will have 30 days within which to resubmit the
plan or amendment. During this period, the municipality will
meet and confer with the board and attempt to resolve those
issues set forth in the board's written report that led to the
rejection of the plan or amendment.
Notwithstanding the resubmission set forth above, the
municipality may commence the scheduled public hearing and
either adjourn the public hearing or continue the public
hearing until a date certain. Prior to continuing any public
hearing to a date certain, the municipality shall announce
during the public hearing the time, date, and location for the
reconvening of the public hearing. Any changes to the
redevelopment plan necessary to satisfy the issues set forth in
the joint review board report shall be the subject of a public

SB0189 - 191 - LRB101 06690 AWJ 51717 b
hearing before the hearing is adjourned if the changes would
(1) substantially affect the general land uses proposed in the
redevelopment plan, (2) substantially change the nature of or
extend the life of the redevelopment project, or (3) increase
the number of inhabited residential units to be displaced from
the redevelopment project area, as measured from the time of
creation of the redevelopment project area, to a total of more
than 10. Changes to the redevelopment plan necessary to satisfy
the issues set forth in the joint review board report shall not
require any further notice or convening of a joint review board
meeting, except that any changes to the redevelopment plan that
would add additional parcels of property to the proposed
redevelopment project area shall be subject to the notice,
public hearing, and joint review board meeting requirements
established for such changes by subsection (a) of Section
11-74.4-5.
In the event that the municipality and the board are unable
to resolve these differences, or in the event that the
resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan or amendment, but only
upon a three-fifths vote of the corporate authority responsible
for approval of the plan or amendment, excluding positions of
members that are vacant and those members that are ineligible
to vote because of conflicts of interest.
(c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment project

SB0189 - 192 - LRB101 06690 AWJ 51717 b
area, the plan may be amended and additional properties may be
added to the redevelopment project area only as herein
provided. Amendments which (1) add additional parcels of
property to the proposed redevelopment project area, (2)
substantially affect the general land uses proposed in the
redevelopment plan, (3) substantially change the nature of the
redevelopment project, (4) increase the total estimated
redevelopment project costs set out in the redevelopment plan
by more than 5% after adjustment for inflation from the date
the plan was adopted, (5) add additional redevelopment project
costs to the itemized list of redevelopment project costs set
out in the redevelopment plan, or (6) increase the number of
inhabited residential units to be displaced from the
redevelopment project area, as measured from the time of
creation of the redevelopment project area, to a total of more
than 10, shall be made only after the municipality gives
notice, convenes a joint review board, and conducts a public
hearing pursuant to the procedures set forth in this Section
and in Section 11-74.4-6 of this Act. Changes which do not (1)
add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)
substantially change the nature of the redevelopment project,
(4) increase the total estimated redevelopment project cost set
out in the redevelopment plan by more than 5% after adjustment
for inflation from the date the plan was adopted, (5) add

SB0189 - 193 - LRB101 06690 AWJ 51717 b
additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan,
or (6) increase the number of inhabited residential units to be
displaced from the redevelopment project area, as measured from
the time of creation of the redevelopment project area, to a
total of more than 10, may be made without further public
hearing and related notices and procedures including the
convening of a joint review board as set forth in Section
11-74.4-6 of this Act, provided that the municipality shall
give notice of any such changes by mail to each affected taxing
district and registrant on the interested parties registry,
provided for under Section 11-74.4-4.2, and by publication in a
newspaper of general circulation within the affected taxing
district or on the municipality's website. Such notice by mail
and by publication shall each occur not later than 10 days
following the adoption by ordinance of such changes.
(d) After the effective date of this amendatory Act of the
91st General Assembly, a municipality shall submit in an
electronic format the following information for each
redevelopment project area (i) to the State Comptroller under
Section 8-8-3.5 of the Illinois Municipal Code, subject to any
extensions or exemptions provided at the Comptroller's
discretion under that Section, and (ii) to all taxing districts
overlapping the redevelopment project area no later than 180
days after the close of each municipal fiscal year or as soon
thereafter as the audited financial statements become

SB0189 - 194 - LRB101 06690 AWJ 51717 b
available and, in any case, shall be submitted before the
annual meeting of the Joint Review Board to each of the taxing
districts that overlap the redevelopment project area:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary.
(1.5) A list of the redevelopment project areas
administered by the municipality and, if applicable, the
date each redevelopment project area was designated or
terminated by the municipality.
(2) Audited financial statements of the special tax
allocation fund once a cumulative total of $100,000 has
been deposited in the fund.
(3) Certification of the Chief Executive Officer of the
municipality that the municipality has complied with all of
the requirements of this Act during the preceding fiscal
year.
(4) An opinion of legal counsel that the municipality
is in compliance with this Act.
(5) An analysis of the special tax allocation fund
which sets forth:
(A) the balance in the special tax allocation fund
at the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the

SB0189 - 195 - LRB101 06690 AWJ 51717 b
special tax allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation fund
at the end of the fiscal year including a breakdown of
that balance by source and a breakdown of that balance
identifying any portion of the balance that is
required, pledged, earmarked, or otherwise designated
for payment of or securing of obligations and
anticipated redevelopment project costs. Any portion
of such ending balance that has not been identified or
is not identified as being required, pledged,
earmarked, or otherwise designated for payment of or
securing of obligations or anticipated redevelopment
projects costs shall be designated as surplus as set
forth in Section 11-74.4-7 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area
including:
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
(A) Any project implemented in the preceding

SB0189 - 196 - LRB101 06690 AWJ 51717 b
fiscal year.
(B) A description of the redevelopment activities
undertaken.
(C) A description of any agreements entered into by
the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area or the area within the State Sales Tax
Boundary.
(D) Additional information on the use of all funds
received under this Division and steps taken by the
municipality to achieve the objectives of the
redevelopment plan.
(E) Information regarding contracts that the
municipality's tax increment advisors or consultants
have entered into with entities or persons that have
received, or are receiving, payments financed by tax
increment revenues produced by the same redevelopment
project area.
(F) Any reports submitted to the municipality by
the joint review board.
(G) A review of public and, to the extent possible,
private investment actually undertaken to date after
the effective date of this amendatory Act of the 91st
General Assembly and estimated to be undertaken during
the following year. This review shall, on a
project-by-project basis, set forth the estimated

SB0189 - 197 - LRB101 06690 AWJ 51717 b
amounts of public and private investment incurred
after the effective date of this amendatory Act of the
91st General Assembly and provide the ratio of private
investment to public investment to the date of the
report and as estimated to the completion of the
redevelopment project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
underwriter setting forth: (i) nature and term of
obligation; and (ii) projected debt service including
required reserves and debt coverage.
(9) For special tax allocation funds that have
experienced cumulative deposits of incremental tax
revenues of $100,000 or more, a certified audit report
reviewing compliance with this Act performed by an
independent public accountant certified and licensed by
the authority of the State of Illinois. The financial
portion of the audit must be conducted in accordance with
Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions adopted by the
Comptroller General of the United States (1981), as
amended, or the standards specified by Section 8-8-5 of the
Illinois Municipal Auditing Law of the Illinois Municipal
Code. The audit report shall contain a letter from the

SB0189 - 198 - LRB101 06690 AWJ 51717 b
independent certified public accountant indicating
compliance or noncompliance with the requirements of
subsection (q) of Section 11-74.4-3. For redevelopment
plans or projects that would result in the displacement of
residents from 10 or more inhabited residential units or
that contain 75 or more inhabited residential units, notice
of the availability of the information, including how to
obtain the report, required in this subsection shall also
be sent by mail to all residents or organizations that
operate in the municipality that register with the
municipality for that information according to
registration procedures adopted under Section 11-74.4-4.2.
All municipalities are subject to this provision.
(10) A list of all intergovernmental agreements in
effect during the fiscal year to which the municipality is
a party and an accounting of any moneys transferred or
received by the municipality during that fiscal year
pursuant to those intergovernmental agreements.
(d-1) Prior to the effective date of this amendatory Act of
the 91st General Assembly, municipalities with populations of
over 1,000,000 shall, after adoption of a redevelopment plan or
project, make available upon request to any taxing district in
which the redevelopment project area is located the following
information:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax

SB0189 - 199 - LRB101 06690 AWJ 51717 b
Boundary; and
(2) In connection with any redevelopment project area
for which the municipality has outstanding obligations
issued to provide for redevelopment project costs pursuant
to Section 11-74.4-7, audited financial statements of the
special tax allocation fund.
(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes
available to review the effectiveness and status of the
redevelopment project area up to that date.
(f) (Blank).
(g) In the event that a municipality has held a public
hearing under this Section prior to March 14, 1994 (the
effective date of Public Act 88-537), the requirements imposed
by Public Act 88-537 relating to the method of fixing the time
and place for public hearing, the materials and information
required to be made available for public inspection, and the
information required to be sent after adoption of an ordinance
or resolution fixing a time and place for public hearing shall
not be applicable.
(h) On and after the effective date of this amendatory Act
of the 96th General Assembly, the State Comptroller must post
on the State Comptroller's official website the information
submitted by a municipality pursuant to subsection (d) of this
Section. The information must be posted no later than 45 days

SB0189 - 200 - LRB101 06690 AWJ 51717 b
after the State Comptroller receives the information from the
municipality. The State Comptroller must also post a list of
the municipalities not in compliance with the reporting
requirements set forth in subsection (d) of this Section.
(i) No later than 10 years after the corporate authorities
of a municipality adopt an ordinance to establish a
redevelopment project area, the municipality must compile a
status report concerning the redevelopment project area. The
status report must detail without limitation the following: (i)
the amount of revenue generated within the redevelopment
project area, (ii) any expenditures made by the municipality
for the redevelopment project area including without
limitation expenditures from the special tax allocation fund,
(iii) the status of planned activities, goals, and objectives
set forth in the redevelopment plan including details on new or
planned construction within the redevelopment project area,
(iv) the amount of private and public investment within the
redevelopment project area, and (v) any other relevant
evaluation or performance data. Within 30 days after the
municipality compiles the status report, the municipality must
hold at least one public hearing concerning the report. The
municipality must provide 20 days' public notice of the
hearing. The public notice may be published on the
municipality's website.
(j) Beginning in fiscal year 2011 and in each fiscal year
thereafter, a municipality must detail in its annual budget (i)

SB0189 - 201 - LRB101 06690 AWJ 51717 b
the revenues generated from redevelopment project areas by
source and (ii) the expenditures made by the municipality for
redevelopment project areas.
(Source: P.A. 98-922, eff. 8-15-14.)
(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
Sec. 11-74.4-6. (a) Except as provided herein, notice of
the public hearing shall be given by publication and mailing;
provided, however, that no notice by mailing shall be required
under this subsection (a) with respect to any redevelopment
project area located within a transit facility improvement area
established pursuant to Section 11-74.4-3.3. Notice by
publication shall be given by publication at least twice, the
first publication to be not more than 30 nor less than 10 days
prior to the hearing in a newspaper of general circulation
within the taxing districts having property in the proposed
redevelopment project area or on the municipality's website.
Notice by mailing shall be given by depositing such notice in
the United States mails by certified mail addressed to the
person or persons in whose name the general taxes for the last
preceding year were paid on each lot, block, tract, or parcel
of land lying within the project redevelopment area. Said
notice shall be mailed not less than 10 days prior to the date
set for the public hearing. In the event taxes for the last
preceding year were not paid, the notice shall also be sent to
the persons last listed on the tax rolls within the preceding 3

SB0189 - 202 - LRB101 06690 AWJ 51717 b
years as the owners of such property. For redevelopment project
areas with redevelopment plans or proposed redevelopment plans
that would require removal of 10 or more inhabited residential
units or that contain 75 or more inhabited residential units,
the municipality shall make a good faith effort to notify by
mail all residents of the redevelopment project area. At a
minimum, the municipality shall mail a notice to each
residential address located within the redevelopment project
area. The municipality shall endeavor to ensure that all such
notices are effectively communicated and shall include (in
addition to notice in English) notice in the predominant
language other than English when appropriate.
(b) The notices issued pursuant to this Section shall
include the following:
(1) The time and place of public hearing.
(2) The boundaries of the proposed redevelopment
project area by legal description and by street location
where possible.
(3) A notification that all interested persons will be
given an opportunity to be heard at the public hearing.
(4) A description of the redevelopment plan or
redevelopment project for the proposed redevelopment
project area if a plan or project is the subject matter of
the hearing.
(5) Such other matters as the municipality may deem
appropriate.

SB0189 - 203 - LRB101 06690 AWJ 51717 b
(c) Not less than 45 days prior to the date set for
hearing, the municipality shall give notice by mail as provided
in subsection (a) to all taxing districts of which taxable
property is included in the redevelopment project area, project
or plan and to the Department of Commerce and Economic
Opportunity, and in addition to the other requirements under
subsection (b) the notice shall include an invitation to the
Department of Commerce and Economic Opportunity and each taxing
district to submit comments to the municipality concerning the
subject matter of the hearing prior to the date of hearing.
(d) In the event that any municipality has by ordinance
adopted tax increment financing prior to 1987, and has complied
with the notice requirements of this Section, except that the
notice has not included the requirements of subsection (b),
paragraphs (2), (3) and (4), and within 90 days of December 16,
1991 (the effective date of Public Act 87-813), that
municipality passes an ordinance which contains findings that:
(1) all taxing districts prior to the time of the hearing
required by Section 11-74.4-5 were furnished with copies of a
map incorporated into the redevelopment plan and project
substantially showing the legal boundaries of the
redevelopment project area; (2) the redevelopment plan and
project, or a draft thereof, contained a map substantially
showing the legal boundaries of the redevelopment project area
and was available to the public at the time of the hearing; and
(3) since the adoption of any form of tax increment financing

SB0189 - 204 - LRB101 06690 AWJ 51717 b
authorized by this Act, and prior to June 1, 1991, no objection
or challenge has been made in writing to the municipality in
respect to the notices required by this Section, then the
municipality shall be deemed to have met the notice
requirements of this Act and all actions of the municipality
taken in connection with such notices as were given are hereby
validated and hereby declared to be legally sufficient for all
purposes of this Act.
(e) If a municipality desires to propose a redevelopment
plan for a redevelopment project area that would result in the
displacement of residents from 10 or more inhabited residential
units or for a redevelopment project area that contains 75 or
more inhabited residential units, the municipality shall hold a
public meeting before the mailing of the notices of public
hearing as provided in subsection (c) of this Section. However,
such a meeting shall be required for any redevelopment plan for
a redevelopment project area located within a transit facility
improvement area established pursuant to Section 11-74.4-3.3
if the applicable project is subject to the process for
evaluation of environmental effects under the National
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. The
meeting shall be for the purpose of enabling the municipality
to advise the public, taxing districts having real property in
the redevelopment project area, taxpayers who own property in
the proposed redevelopment project area, and residents in the
area as to the municipality's possible intent to prepare a

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redevelopment plan and designate a redevelopment project area
and to receive public comment. The time and place for the
meeting shall be set by the head of the municipality's
Department of Planning or other department official designated
by the mayor or city or village manager without the necessity
of a resolution or ordinance of the municipality and may be
held by a member of the staff of the Department of Planning of
the municipality or by any other person, body, or commission
designated by the corporate authorities. The meeting shall be
held at least 14 business days before the mailing of the notice
of public hearing provided for in subsection (c) of this
Section.
Notice of the public meeting shall be given by mail. Notice
by mail shall be not less than 15 days before the date of the
meeting and shall be sent by certified mail to all taxing
districts having real property in the proposed redevelopment
project area and to all entities requesting that information
that have registered with a person and department designated by
the municipality in accordance with registration guidelines
established by the municipality pursuant to Section
11-74.4-4.2. The municipality shall make a good faith effort to
notify all residents and the last known persons who paid
property taxes on real estate in a redevelopment project area.
This requirement shall be deemed to be satisfied if the
municipality mails, by regular mail, a notice to each
residential address and the person or persons in whose name

SB0189 - 206 - LRB101 06690 AWJ 51717 b
property taxes were paid on real property for the last
preceding year located within the redevelopment project area.
Notice shall be in languages other than English when
appropriate. The notices issued under this subsection shall
include the following:
(1) The time and place of the meeting.
(2) The boundaries of the area to be studied for
possible designation as a redevelopment project area by
street and location.
(3) The purpose or purposes of establishing a
redevelopment project area.
(4) A brief description of tax increment financing.
(5) The name, telephone number, and address of the
person who can be contacted for additional information
about the proposed redevelopment project area and who
should receive all comments and suggestions regarding the
development of the area to be studied.
(6) Notification that all interested persons will be
given an opportunity to be heard at the public meeting.
(7) Such other matters as the municipality deems
appropriate.
At the public meeting, any interested person or
representative of an affected taxing district may be heard
orally and may file, with the person conducting the meeting,
statements that pertain to the subject matter of the meeting.
(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17.)

SB0189 - 207 - LRB101 06690 AWJ 51717 b
(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
Sec. 11-74.4-7. Obligations secured by the special tax
allocation fund set forth in Section 11-74.4-8 for the
redevelopment project area may be issued to provide for
redevelopment project costs. Such obligations, when so issued,
shall be retired in the manner provided in the ordinance
authorizing the issuance of such obligations by the receipts of
taxes levied as specified in Section 11-74.4-9 against the
taxable property included in the area, by revenues as specified
by Section 11-74.4-8a and other revenue designated by the
municipality. A municipality may in the ordinance pledge all or
any part of the funds in and to be deposited in the special tax
allocation fund created pursuant to Section 11-74.4-8 to the
payment of the redevelopment project costs and obligations. Any
pledge of funds in the special tax allocation fund shall
provide for distribution to the taxing districts and to the
Illinois Department of Revenue of moneys not required, pledged,
earmarked, or otherwise designated for payment and securing of
the obligations and anticipated redevelopment project costs
and such excess funds shall be calculated annually and deemed
to be "surplus" funds. In the event a municipality only applies
or pledges a portion of the funds in the special tax allocation
fund for the payment or securing of anticipated redevelopment
project costs or of obligations, any such funds remaining in
the special tax allocation fund after complying with the

SB0189 - 208 - LRB101 06690 AWJ 51717 b
requirements of the application or pledge, shall also be
calculated annually and deemed "surplus" funds. All surplus
funds in the special tax allocation fund shall be distributed
annually within 180 days after the close of the municipality's
fiscal year by being paid by the municipal treasurer to the
County Collector, to the Department of Revenue and to the
municipality in direct proportion to the tax incremental
revenue received as a result of an increase in the equalized
assessed value of property in the redevelopment project area,
tax incremental revenue received from the State and tax
incremental revenue received from the municipality, but not to
exceed as to each such source the total incremental revenue
received from that source. The County Collector shall
thereafter make distribution to the respective taxing
districts in the same manner and proportion as the most recent
distribution by the county collector to the affected districts
of real property taxes from real property in the redevelopment
project area.
Without limiting the foregoing in this Section, the
municipality may in addition to obligations secured by the
special tax allocation fund pledge for a period not greater
than the term of the obligations towards payment of such
obligations any part or any combination of the following: (a)
net revenues of all or part of any redevelopment project; (b)
taxes levied and collected on any or all property in the
municipality; (c) the full faith and credit of the

SB0189 - 209 - LRB101 06690 AWJ 51717 b
municipality; (d) a mortgage on part or all of the
redevelopment project; (d-5) repayment of bonds issued
pursuant to subsection (p-130) of Section 19-1 of the School
Code; or (e) any other taxes or anticipated receipts that the
municipality may lawfully pledge.
Such obligations may be issued in one or more series
bearing interest at such rate or rates as the corporate
authorities of the municipality shall determine by ordinance.
Such obligations shall bear such date or dates, mature at such
time or times not exceeding 20 years from their respective
dates, be in such denomination, carry such registration
privileges, be executed in such manner, be payable in such
medium of payment at such place or places, contain such
covenants, terms and conditions, and be subject to redemption
as such ordinance shall provide. Obligations issued pursuant to
this Act may be sold at public or private sale at such price as
shall be determined by the corporate authorities of the
municipalities. No referendum approval of the electors shall be
required as a condition to the issuance of obligations pursuant
to this Division except as provided in this Section.
In the event the municipality authorizes issuance of
obligations pursuant to the authority of this Division secured
by the full faith and credit of the municipality, which
obligations are other than obligations which may be issued
under home rule powers provided by Article VII, Section 6 of
the Illinois Constitution, or pledges taxes pursuant to (b) or

SB0189 - 210 - LRB101 06690 AWJ 51717 b
(c) of the second paragraph of this section, the ordinance
authorizing the issuance of such obligations or pledging such
taxes shall be published within 10 days after such ordinance
has been passed in one or more newspapers, with general
circulation within such municipality, or on the municipality's
website. The publication of the ordinance shall be accompanied
by a notice of (1) the specific number of voters required to
sign a petition requesting the question of the issuance of such
obligations or pledging taxes to be submitted to the electors;
(2) the time in which such petition must be filed; and (3) the
date of the prospective referendum. The municipal clerk shall
provide a petition form to any individual requesting one.
If no petition is filed with the municipal clerk, as
hereinafter provided in this Section, within 30 days after the
publication of the ordinance, the ordinance shall be in effect.
But, if within that 30 day period a petition is filed with the
municipal clerk, signed by electors in the municipality
numbering 10% or more of the number of registered voters in the
municipality, asking that the question of issuing obligations
using full faith and credit of the municipality as security for
the cost of paying for redevelopment project costs, or of
pledging taxes for the payment of such obligations, or both, be
submitted to the electors of the municipality, the corporate
authorities of the municipality shall call a special election
in the manner provided by law to vote upon that question, or,
if a general, State or municipal election is to be held within

SB0189 - 211 - LRB101 06690 AWJ 51717 b
a period of not less than 30 or more than 90 days from the date
such petition is filed, shall submit the question at the next
general, State or municipal election. If it appears upon the
canvass of the election by the corporate authorities that a
majority of electors voting upon the question voted in favor
thereof, the ordinance shall be in effect, but if a majority of
the electors voting upon the question are not in favor thereof,
the ordinance shall not take effect.
The ordinance authorizing the obligations may provide that
the obligations shall contain a recital that they are issued
pursuant to this Division, which recital shall be conclusive
evidence of their validity and of the regularity of their
issuance.
In the event the municipality authorizes issuance of
obligations pursuant to this Section secured by the full faith
and credit of the municipality, the ordinance authorizing the
obligations may provide for the levy and collection of a direct
annual tax upon all taxable property within the municipality
sufficient to pay the principal thereof and interest thereon as
it matures, which levy may be in addition to and exclusive of
the maximum of all other taxes authorized to be levied by the
municipality, which levy, however, shall be abated to the
extent that monies from other sources are available for payment
of the obligations and the municipality certifies the amount of
said monies available to the county clerk.
A certified copy of such ordinance shall be filed with the

SB0189 - 212 - LRB101 06690 AWJ 51717 b
county clerk of each county in which any portion of the
municipality is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited
in the special tax allocation fund.
A municipality may also issue its obligations to refund in
whole or in part, obligations theretofore issued by such
municipality under the authority of this Act, whether at or
prior to maturity, provided however, that the last maturity of
the refunding obligations may not be later than the dates set
forth under Section 11-74.4-3.5.
In the event a municipality issues obligations under home
rule powers or other legislative authority the proceeds of
which are pledged to pay for redevelopment project costs, the
municipality may, if it has followed the procedures in
conformance with this division, retire said obligations from
funds in the special tax allocation fund in amounts and in such
manner as if such obligations had been issued pursuant to the
provisions of this division.
All obligations heretofore or hereafter issued pursuant to
this Act shall not be regarded as indebtedness of the
municipality issuing such obligations or any other taxing
district for the purpose of any limitation imposed by law.
(Source: P.A. 100-531, eff. 9-22-17.)
(65 ILCS 5/11-74.6-22)
Sec. 11-74.6-22. Adoption of ordinance; requirements;

SB0189 - 213 - LRB101 06690 AWJ 51717 b
changes.
(a) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a redevelopment
project area, or both, or approving a redevelopment plan or
redevelopment project, the municipality or commission
designated pursuant to subsection (l) of Section 11-74.6-15
shall fix by ordinance or resolution a time and place for
public hearing. Prior to the adoption of the ordinance or
resolution establishing the time and place for the public
hearing, the municipality shall make available for public
inspection a redevelopment plan or a report that provides in
sufficient detail, the basis for the eligibility of the
redevelopment project area. The report along with the name of a
person to contact for further information shall be sent to the
affected taxing district by certified mail within a reasonable
time following the adoption of the ordinance or resolution
establishing the time and place for the public hearing.
At the public hearing any interested person or affected
taxing district may file with the municipal clerk written
objections to the ordinance and may be heard orally on any
issues that are the subject of the hearing. The municipality
shall hear and determine all alternate proposals or bids for
any proposed conveyance, lease, mortgage or other disposition
of land and all protests and objections at the hearing and the
hearing may be adjourned to another date without further notice
other than a motion to be entered upon the minutes fixing the

SB0189 - 214 - LRB101 06690 AWJ 51717 b
time and place of the later hearing. At the public hearing or
at any time prior to the adoption by the municipality of an
ordinance approving a redevelopment plan, the municipality may
make changes in the redevelopment plan. Changes which (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, or (3) substantially change
the nature of or extend the life of the redevelopment project
shall be made only after the municipality gives notice,
convenes a joint review board, and conducts a public hearing
pursuant to the procedures set forth in this Section and in
Section 11-74.6-25. Changes which do not (1) add additional
parcels of property to the proposed redevelopment project area,
(2) substantially affect the general land uses proposed in the
redevelopment plan, or (3) substantially change the nature of
or extend the life of the redevelopment project may be made
without further hearing, provided that the municipality shall
give notice of any such changes by mail to each affected taxing
district and by publication once in a newspaper of general
circulation within the affected taxing district or on the
municipality's website. Such notice by mail and by publication
shall each occur not later than 10 days following the adoption
by ordinance of such changes.
(b) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a redevelopment
project area, or both, or amending the boundaries of an

SB0189 - 215 - LRB101 06690 AWJ 51717 b
existing redevelopment project area or redevelopment planning
area, or both, the municipality shall convene a joint review
board to consider the proposal. The board shall consist of a
representative selected by each taxing district that has
authority to levy real property taxes on the property within
the proposed redevelopment project area and that has at least
5% of its total equalized assessed value located within the
proposed redevelopment project area, a representative selected
by the municipality and a public member. The public member and
the board's chairperson shall be selected by a majority of
other board members.
All board members shall be appointed and the first board
meeting held within 14 days following the notice by the
municipality to all the taxing districts as required by
subsection (c) of Section 11-74.6-25. The notice shall also
advise the taxing bodies represented on the joint review board
of the time and place of the first meeting of the board.
Additional meetings of the board shall be held upon the call of
any 2 members. The municipality seeking designation of the
redevelopment project area may provide administrative support
to the board.
The board shall review the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project to be adopted by the municipality. As part of
its deliberations, the board may hold additional hearings on
the proposal. A board's recommendation, if any, shall be a

SB0189 - 216 - LRB101 06690 AWJ 51717 b
written recommendation adopted by a majority vote of the board
and submitted to the municipality within 30 days after the
board convenes. A board's recommendation shall be binding upon
the municipality. Failure of the board to submit its
recommendation on a timely basis shall not be cause to delay
the public hearing or the process of establishing or amending
the redevelopment project area. The board's recommendation on
the proposal shall be based upon the area satisfying the
applicable eligibility criteria defined in Section 11-74.6-10
and whether there is a basis for the municipal findings set
forth in the redevelopment plan as required by this Act. If the
board does not file a recommendation it shall be presumed that
the board has found that the redevelopment project area
satisfies the eligibility criteria.
(c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment planning
area or a redevelopment project area, or both, the plan may be
amended and additional properties may be added to the
redevelopment project area only as herein provided. Amendments
which (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)
substantially change the nature of the redevelopment project,
(4) increase the total estimated redevelopment project costs
set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted, or

SB0189 - 217 - LRB101 06690 AWJ 51717 b
(5) add additional redevelopment project costs to the itemized
list of redevelopment project costs set out in the
redevelopment plan shall be made only after the municipality
gives notice, convenes a joint review board, and conducts a
public hearing pursuant to the procedures set forth in this
Section and in Section 11-74.6-25. Changes which do not (1) add
additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change
the nature of the redevelopment project, (4) increase the total
estimated redevelopment project cost set out in the
redevelopment plan by more than 5% after adjustment for
inflation from the date the plan was adopted, or (5) add
additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan
may be made without further hearing, provided that the
municipality shall give notice of any such changes by mail to
each affected taxing district and by publication once in a
newspaper of general circulation within the affected taxing
district or on the municipality's website. Such notice by mail
and by publication shall each occur not later than 10 days
following the adoption by ordinance of such changes.
Notwithstanding Section 11-74.6-50, the redevelopment
project area established by an ordinance adopted in its final
form on December 19, 2011 by the City of Loves Park may be
expanded by the adoption of an ordinance to that effect without

SB0189 - 218 - LRB101 06690 AWJ 51717 b
further hearing or notice to include land that (i) is at least
in part contiguous to the existing redevelopment project area,
(ii) does not exceed approximately 16.56 acres, (iii) at the
time of the establishment of the redevelopment project area
would have been otherwise eligible for inclusion in the
redevelopment project area, and (iv) is zoned so as to comply
with this Act prior to its inclusion in the redevelopment
project area.
(d) After the effective date of this amendatory Act of the
91st General Assembly, a municipality shall submit the
following information for each redevelopment project area (i)
to the State Comptroller under Section 8-8-3.5 of the Illinois
Municipal Code, subject to any extensions or exemptions
provided at the Comptroller's discretion under that Section,
and (ii) to all taxing districts overlapping the redevelopment
project area no later than 180 days after the close of each
municipal fiscal year or as soon thereafter as the audited
financial statements become available and, in any case, shall
be submitted before the annual meeting of the joint review
board to each of the taxing districts that overlap the
redevelopment project area:
(1) Any amendments to the redevelopment plan, or the
redevelopment project area.
(1.5) A list of the redevelopment project areas
administered by the municipality and, if applicable, the
date each redevelopment project area was designated or

SB0189 - 219 - LRB101 06690 AWJ 51717 b
terminated by the municipality.
(2) Audited financial statements of the special tax
allocation fund once a cumulative total of $100,000 of tax
increment revenues has been deposited in the fund.
(3) Certification of the Chief Executive Officer of the
municipality that the municipality has complied with all of
the requirements of this Act during the preceding fiscal
year.
(4) An opinion of legal counsel that the municipality
is in compliance with this Act.
(5) An analysis of the special tax allocation fund
which sets forth:
(A) the balance in the special tax allocation fund
at the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the
special tax allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation fund
at the end of the fiscal year including a breakdown of
that balance by source and a breakdown of that balance
identifying any portion of the balance that is
required, pledged, earmarked, or otherwise designated
for payment of or securing of obligations and
anticipated redevelopment project costs. Any portion

SB0189 - 220 - LRB101 06690 AWJ 51717 b
of such ending balance that has not been identified or
is not identified as being required, pledged,
earmarked, or otherwise designated for payment of or
securing of obligations or anticipated redevelopment
project costs shall be designated as surplus as set
forth in Section 11-74.6-30 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area
including:
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
(A) Any project implemented in the preceding
fiscal year.
(B) A description of the redevelopment activities
undertaken.
(C) A description of any agreements entered into by
the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area.
(D) Additional information on the use of all funds
received under this Division and steps taken by the

SB0189 - 221 - LRB101 06690 AWJ 51717 b
municipality to achieve the objectives of the
redevelopment plan.
(E) Information regarding contracts that the
municipality's tax increment advisors or consultants
have entered into with entities or persons that have
received, or are receiving, payments financed by tax
increment revenues produced by the same redevelopment
project area.
(F) Any reports submitted to the municipality by
the joint review board.
(G) A review of public and, to the extent possible,
private investment actually undertaken to date after
the effective date of this amendatory Act of the 91st
General Assembly and estimated to be undertaken during
the following year. This review shall, on a
project-by-project basis, set forth the estimated
amounts of public and private investment incurred
after the effective date of this amendatory Act of the
91st General Assembly and provide the ratio of private
investment to public investment to the date of the
report and as estimated to the completion of the
redevelopment project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or

SB0189 - 222 - LRB101 06690 AWJ 51717 b
underwriter setting forth: (i) nature and term of
obligation; and (ii) projected debt service including
required reserves and debt coverage.
(9) For special tax allocation funds that have received
cumulative deposits of incremental tax revenues of
$100,000 or more, a certified audit report reviewing
compliance with this Act performed by an independent public
accountant certified and licensed by the authority of the
State of Illinois. The financial portion of the audit must
be conducted in accordance with Standards for Audits of
Governmental Organizations, Programs, Activities, and
Functions adopted by the Comptroller General of the United
States (1981), as amended, or the standards specified by
Section 8-8-5 of the Illinois Municipal Auditing Law of the
Illinois Municipal Code. The audit report shall contain a
letter from the independent certified public accountant
indicating compliance or noncompliance with the
requirements of subsection (o) of Section 11-74.6-10.
(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes
available to review the effectiveness and status of the
redevelopment project area up to that date.
(Source: P.A. 98-922, eff. 8-15-14; 99-792, eff. 8-12-16.)
(65 ILCS 5/11-74.6-30)

SB0189 - 223 - LRB101 06690 AWJ 51717 b
Sec. 11-74.6-30. Financing. Obligations secured by the
special tax allocation fund set forth in Section 11-74.6-35 for
the redevelopment project area may be issued to provide for
redevelopment project costs. Those obligations, when so
issued, shall be retired in the manner provided in the
ordinance authorizing the issuance of those obligations by the
receipts of taxes levied as specified in Section 11-74.6-40
against the taxable real property included in the area and any
other revenue designated by the municipality. A municipality
may in the ordinance pledge all or any part of the funds in and
to be deposited into the special tax allocation fund created
under Section 11-74.6-35 to the payment of the redevelopment
project costs and obligations. Any pledge of funds in the
special tax allocation fund shall provide for distribution to
the taxing districts of moneys not required, pledged,
earmarked, or otherwise designated for payment and securing of
the obligations and anticipated redevelopment project costs,
and any excess funds shall be calculated annually and deemed to
be "surplus" funds. If a municipality applies or pledges only a
portion of the funds in the special tax allocation fund for the
payment or securing of anticipated redevelopment project costs
or of obligations, any funds remaining in the special tax
allocation fund after complying with the requirements of the
application or pledge shall also be calculated annually and
deemed "surplus" funds. All surplus funds in the special tax
allocation fund shall be distributed annually within 180 days

SB0189 - 224 - LRB101 06690 AWJ 51717 b
after the close of the municipality's fiscal year by being paid
by the municipal treasurer to the county collector in direct
proportion to the tax incremental revenue received as a result
of an increase in the equalized assessed value of property in
the redevelopment project area but not to exceed as to each
such source the total incremental revenue received from that
source. The county collector shall subsequently distribute
surplus funds to the respective taxing districts in the same
manner and proportion as the most recent distribution by the
county collector to the affected taxing districts of real
property taxes from real property in the redevelopment project
area.
Without limiting the foregoing provisions of this Section,
in addition to obligations secured by the special tax
allocation fund, the municipality may pledge, for a period not
greater than the term of the obligations, towards payment of
those obligations any part or any combination of the following:
(i) net revenues of all or part of any redevelopment project;
(ii) taxes levied and collected on any or all real property in
the municipality; (iii) the full faith and credit of the
municipality; (iv) a mortgage on part or all of the
redevelopment project; or (v) any other taxes or anticipated
receipts that the municipality may lawfully pledge.
The obligations may be issued in one or more series bearing
interest at a rate or rates that the corporate authorities of
the municipality determine by ordinance. The obligations shall

SB0189 - 225 - LRB101 06690 AWJ 51717 b
bear a date or dates, mature at a time or times, not exceeding
20 years from their respective issue dates, be in a
denomination, carry registration privileges, be executed in a
manner, be payable in a medium of payment at a place or places,
contain covenants, terms and conditions, and be subject to
redemption as the ordinance provides. Obligations issued under
this Law may be sold at public or private sale at a price
determined by the corporate authority of the municipality. No
referendum approval of the electors shall be required as a
condition for the issuance of obligations under this Division,
except as provided in this Section.
If the municipality authorizes issuance of obligations
under the authority of this Division secured by the full faith
and credit of the municipality, which obligations are other
than obligations that may be issued under home rule powers
provided by Section 6 of Article VII of the Illinois
Constitution, or pledges taxes levied and collected on real
property in the municipality or pledges the full faith and
credit of the municipality, the ordinance authorizing the
issuance of those obligations or pledging those taxes or the
municipality's full faith and credit shall be published within
10 days after the ordinance has been passed in one or more
newspapers with general circulation within that municipality
or on the municipality's website. The publication of the
ordinance shall be accompanied by a notice of (i) the specific
number of voters required to sign a petition requesting the

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question of the issuance of those obligations or pledging taxes
to be submitted to the electors, (ii) the time in which the
petition must be filed, and (iii) the date of the prospective
referendum. The municipal clerk shall provide a petition form
to any individual requesting one.
If no petition is filed with the municipal clerk, as
provided in this Section, within 30 days after the publication
of the ordinance, the ordinance shall become effective. If,
however, within that 30 day period, a petition is filed with
the municipal clerk, signed by electors numbering not less than
10% of the number of registered voters in the municipality,
asking that the question of issuing obligations using full
faith and credit of the municipality as security for the cost
of paying for redevelopment project costs, or of pledging taxes
for the payment of those obligations, or both, be submitted to
the electors of the municipality, the corporate authorities of
the municipality shall call a special election in the manner
provided by law to vote upon that question, or, if a general,
State or municipal election is to be held within a period of
not less than 30 or more than 90 days from the date the
petition is filed, shall submit the question at that general,
State or municipal election. If it appears upon the canvass of
the election by the corporate authorities that a majority of
electors voting upon the question voted in favor of the
question, the ordinance shall be effective, but if a majority
of the electors voting upon the question are not in favor of

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the question, the ordinance shall not take effect.
The ordinance authorizing the obligations may provide that
the obligations shall contain a recital that they are issued
under this Law. The recital shall be conclusive evidence of
their validity and of the regularity of their issuance.
In the event the municipality authorizes issuance of
obligations under this Section secured by the full faith and
credit of the municipality, the ordinance authorizing the
obligations may provide for the levy and collection of a direct
annual tax upon all taxable property within the municipality
sufficient to pay the principal of and interest on the
obligations as they mature. The levy may be in addition to and
exclusive of the maximum of all other taxes authorized to be
levied by the municipality. The levy, however, shall be abated
to the extent that moneys from other sources are available for
payment of the obligations and the municipality certifies the
amount of those moneys available to the county clerk.
A certified copy of the ordinance shall be filed with the
county clerk of each county in which any portion of the
municipality is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited
in the special tax allocation fund.
A municipality may also issue its obligations to refund, in
whole or in part, obligations previously issued by the
municipality under the authority of this Law, whether at or
before maturity, except that the last maturity of the refunding

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obligations shall not be expressed to mature later than
December 31 of the year in which the payment to the municipal
treasurer as provided in subsection (b) of Section 11-74.6-35
is to be made with respect to ad valorem taxes levied in the
twenty-third calendar year after the year in which the
ordinance approving the redevelopment project area is adopted.
If a municipality issues obligations under home rule powers
or other legislative authority, the proceeds of which are
pledged to pay for redevelopment project costs, the
municipality may, if it has followed the procedures in
conformance with this Law, retire those obligations from funds
in the special tax allocation fund in amounts and in the same
manner as if those obligations had been issued under the
provisions of this Law.
No obligations issued under this Law shall be regarded as
indebtedness of the municipality issuing the obligations or any
other taxing district for the purpose of any limitation imposed
by law.
(Source: P.A. 91-474, eff. 11-1-99.)
(65 ILCS 5/11-76-4.1) (from Ch. 24, par. 11-76-4.1)
Sec. 11-76-4.1. Sale of surplus real estate. The corporate
authorities of a municipality by resolution may authorize the
sale or public auction of surplus public real estate. The value
of the real estate shall be determined by a written MAI
certified appraisal or by a written certified appraisal of a

SB0189 - 229 - LRB101 06690 AWJ 51717 b
State certified or licensed real estate appraiser. The
appraisal shall be available for public inspection. The
resolution may direct the sale to be conducted by the staff of
the municipality; by listing with local licensed real estate
agencies, in which case the terms of the agent's compensation
shall be included in the resolution; or by public auction. The
resolution shall be published at the first opportunity
following its passage in a newspaper published in the
municipality or, if none, then in a newspaper published in the
county where the municipality is located. The publication
requirement may also be satisfied by publication of the
resolution on the municipality's website. The resolution shall
also contain pertinent information concerning the size, use,
and zoning of the real estate and the terms of sale. The
corporate authorities may accept any contract proposal
determined by them to be in the best interest of the
municipality by a vote of two-thirds of the corporate
authorities then holding office, but in no event at a price
less than 80% of the appraised value.
(Source: P.A. 88-355; 89-78, eff. 6-30-95.)
(65 ILCS 5/11-76-4.2) (from Ch. 24, par. 11-76-4.2)
Sec. 11-76-4.2. Surplus property; alternative method of
sale.
(a) This Section applies to any municipality with a
population of less than 20,000 which is situated wholly or

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partially within a county that has an unemployment rate, as
determined by the Illinois Department of Employment Security,
higher than the national unemployment average, as determined by
the U.S. Department of Labor, for at least one month during the
6 months preceding the adoption of a resolution to sell real
estate under this Section.
(b) If a municipality has either (1) adopted an ordinance
to sell surplus real estate under Section 11-76-2 and has
received no bid on a particular parcel or (2) adopted a
resolution to sell surplus real estate under Section 11-76-4.1
and has received no acceptable offer on a particular parcel
within 6 months after adoption of the resolution, then that
parcel of surplus real estate may be sold in the manner set
forth in subsection (c) of this Section.
(c) If the requirements of subsections (a) and (b) of this
Section are met, then the corporate authorities may, by
resolution, authorize the sale of a parcel of surplus public
real estate in either of the following manners: (1) by the
staff of the municipality; (2) by listing with local licensed
real estate agencies; or (3) by public auction. The terms of
the sale, the compensation of the agent, if any, the time and
the place of the auction, if applicable, a legal description of
the property and its size, use and zoning shall be included in
the resolution. The resolution shall be published once each
week for 3 successive weeks in a daily or weekly newspaper
published in the municipality or, if none, in a newspaper

SB0189 - 231 - LRB101 06690 AWJ 51717 b
published in the county in which the municipality is located.
The publication requirement may also be satisfied by
publication of the resolution on the municipality's website
once each week for 3 successive weeks. No sale may be conducted
until at least 30 days after the first publication. The
corporate authorities may accept any offer or bid determined by
them to be in the best interest of the municipality by a vote
of three-fourths of the corporate authorities then holding
office.
(Source: P.A. 86-331.)
(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. The publication requirement may also be
satisfied by publication of the ordinance on the municipality's
website at least twice within 30 days after its passage. 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.

SB0189 - 232 - LRB101 06690 AWJ 51717 b
(Source: P.A. 87-767.)
(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. The publication requirement
may also be satisfied by publication of the notice of public
hearing on the municipality's website. 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.)
(65 ILCS 5/11-84-7) (from Ch. 24, par. 11-84-7)
Sec. 11-84-7. Except as herein otherwise provided for
municipalities of more than 500,000 population, all contracts
for the construction or repair of sidewalks as provided in this

SB0189 - 233 - LRB101 06690 AWJ 51717 b
Division 84, when the expense thereof exceeds $1,500, shall be
let to the lowest responsible bidder in the following manner:
Notice shall be given by the officer or board designated in the
ordinance to take charge of the construction or repair and
supervision of a sidewalk, by advertisement at least twice, not
more than 30 nor less than 15 days in advance of the day of
opening the bids, that bids will be received for the
construction or repair of that sidewalk in accordance with the
ordinance therefor, in one or more newspapers published within
the municipality, or if no newspaper is published therein, then
in one or more newspapers with a general circulation within the
municipality. The advertisement requirement may also be
satisfied by publication of the advertisement on the
municipality's website at least twice not more than 30 nor less
than 15 days in advance of the day of opening the bids. 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 notice shall state the time of opening the bids. All bids
offered shall be accompanied by cash or a check payable to the
order of the officer or board having charge of the improvement,
and certified by a responsible bank, for an amount which shall
not be less than 10% of the aggregate of the bid. All contracts
shall be approved by the officer, or the presiding officer of
the board, having the supervision of the construction or repair
of that sidewalk.

SB0189 - 234 - LRB101 06690 AWJ 51717 b
In municipalities of more than 500,000 population, the
letting of contracts for the construction or repair of
sidewalks as provided in this Division 84 shall be governed by
the provisions of Division 10 of Article 8.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
Sec. 11-91-1. Whenever the corporate authorities of any
municipality, whether incorporated by special act or under any
general law, determine that the public interest will be
subserved by vacating any street or alley, or part thereof,
within their jurisdiction in any incorporated area, they may
vacate that street or alley, or part thereof, by an ordinance.
The ordinance shall provide the legal description or permanent
index number of the particular parcel or parcels of property
acquiring title to the vacated property. But this ordinance
shall be passed by the affirmative vote of at least
three-fourths of the aldermen, trustees or commissioners then
holding office. This vote shall be taken by ayes and noes and
entered on the records of the corporate authorities.
No ordinance shall be passed vacating any street or alley
under a municipality's jurisdiction and within an
unincorporated area without notice thereof and a hearing
thereon. At least 15 days prior to such a hearing, notice of
its time, place and subject matter shall be published in a
newspaper of general circulation within the unincorporated

SB0189 - 235 - LRB101 06690 AWJ 51717 b
area which the street or alley proposed for vacation serves or
on the municipality's website. At the hearing all interested
persons shall be heard concerning the proposal for vacation.
The ordinance may provide that it shall not become
effective until the owners of all property or the owner or
owners of a particular parcel or parcels of property abutting
upon the street or alley, or part thereof so vacated, shall pay
compensation in an amount which, in the judgment of the
corporate authorities, shall be the fair market value of the
property acquired or of the benefits which will accrue to them
by reason of that vacation, and if there are any public service
facilities in such street or alley, or part thereof, the
ordinance shall also reserve to the municipality or to the
public utility, as the case may be, owning such facilities,
such property, rights of way and easements as, in the judgment
of the corporate authorities, are necessary or desirable for
continuing public service by means of those facilities and for
the maintenance, renewal and reconstruction thereof. If the
ordinance provides that only the owner or owners of one
particular parcel of abutting property shall make payment, then
the owner or owners of the particular parcel shall acquire
title to the entire vacated street or alley, or the part
thereof vacated.
The determination of the corporate authorities that the
nature and extent of the public use or public interest to be
subserved in such as to warrant the vacation of any street or

SB0189 - 236 - LRB101 06690 AWJ 51717 b
alley, or part thereof, is conclusive, and the passage of such
an ordinance is sufficient evidence of that determination,
whether so recited in the ordinance or not. The relief to the
public from further burden and responsibility of maintaining
any street or alley, or part thereof, constitutes a public use
or public interest authorizing the vacation.
When property is damaged by the vacation or closing of any
street or alley, the damage shall be ascertained and paid as
provided by law.
(Source: P.A. 93-383, eff. 7-25-03; 93-703, eff. 7-9-04.)
(65 ILCS 5/11-92-8) (from Ch. 24, par. 11-92-8)
Sec. 11-92-8. The corporate authorities may enter into a
trust agreement to secure payment of the bonds issued under the
provisions of Section 11-92-7.
After the ordinance has been adopted, it shall within 10
days after its passage be published once in a newspaper
published and having a general circulation in the city or
village, or, if there is no such newspaper, then in a newspaper
having a general circulation in the county wherein such city or
village, or the greater or greatest portion in area of the city
or village, lies. The publication requirement may also be
satisfied by publication of the ordinance and notice on the
municipality's website within 10 days after its passage.
The publication of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a

SB0189 - 237 - LRB101 06690 AWJ 51717 b
petition requesting the submission to the electors of the
question of acquiring and operating or constructing and
operating a harbor project and issuing bonds for such project;
(2) the time in which the petition must be filed; and (3) the
date of the prospective referendum. The municipal clerk shall
provide a petition form to any individual requesting one.
If no petition is filed with the municipal clerk within 30
days after the publication of the ordinance, the ordinance
shall be in effect.
However, if within 30 days after the publication of the
ordinance a petition is filed with the clerk of the city or
village signed by electors of the city or village numbering 10%
or more of the number of registered voters in the city or
village, asking that the question of acquiring and operating or
constructing and operating such harbor project and the issuance
of the bonds for the harbor project be submitted to the
electors of the city or village, the municipal clerk shall
certify that question for submission at an election in
accordance with the general election law.
The question shall be in substantially the following form:
-------------------------------------------------------------
Shall the City (or Village) YES
of .... issue revenue ------------------------
bonds for acquiring (or
constructing) a harbor? NO
-------------------------------------------------------------

SB0189 - 238 - LRB101 06690 AWJ 51717 b
If a majority of the electors voting upon that question
vote in favor of the issuance of the bonds, the ordinance shall
be in effect, otherwise the ordinance shall not become
effective.
(Source: P.A. 87-767.)
(65 ILCS 5/11-94-2) (from Ch. 24, par. 11-94-2)
Sec. 11-94-2. Whenever the corporate authorities of a
specified municipality determine to construct or acquire and
purchase or improve natatoriums or swimming pools, indoor or
outdoor tennis courts, handball, racquetball or squash courts,
artificial ice skating rinks or golf courses, or any
combination of said facilities and to issue bonds under this
Division 94 to pay the cost or purchase price thereof, the
corporate authorities shall adopt an ordinance describing in a
general way the contemplated project and refer to plans and
specifications therefor when the project is to be constructed.
These plans and specifications shall be filed in the office of
the municipal clerk and shall be open for inspection by the
public.
This ordinance shall set out the estimated cost of the
project, determine the period of usefulness thereof, fix the
amount of revenue bonds to be issued, the maturities thereof,
the interest rate, which shall not exceed the greater of (i)
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, or (ii) 8%

SB0189 - 239 - LRB101 06690 AWJ 51717 b
annually, payable annually or semi-annually and all the details
in connection with the bonds. However, from the effective date
of this amendatory Act of 1976 through and including June 30,
1977, such interest rate shall not exceed 9%. The bonds shall
mature within the period of usefulness of the project as
determined by the corporate authorities. The ordinance may also
contain such covenants and restrictions upon the issuance of
additional revenue bonds thereafter as may be deemed necessary
or advisable for the assurance of the payment of the bonds
thereby authorized. The ordinance shall also pledge the revenue
derived from the operation of the natatoriums or swimming
pools, indoor or outdoor tennis courts, handball, racquetball
or squash courts, artificial ice skating rinks or the golf
courses, or any other recreational facility or any combination
of facilities as the case may be, for the purpose of paying
maintenance and operation costs, providing an adequate
depreciation fund, and paying the principal and the interest of
the bonds issued under this Division 94. The ordinance may also
pledge the revenue derived from the operation of existing
natatoriums or swimming pools, indoor or outdoor tennis courts,
handball, racquetball or squash courts, artificial ice skating
rinks or golf courses, or any combination of facilities.
Within 30 days after this ordinance has been passed it
shall be published at least once in one or more newspapers
published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general

SB0189 - 240 - LRB101 06690 AWJ 51717 b
circulation within the municipality. The publication
requirement may also be satisfied by publication of the
ordinance and notice on the municipality's website within 30
days after its passage. 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 publication or posting of the ordinance shall be
accompanied by a notice of (1) the specific number of voters
required to sign a petition requesting the question of
constructing or acquiring and purchasing or improving and
operating such recreation facility and the issuance of bonds to
be submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective
referendum. The municipal clerk shall provide a petition form
to any individual requesting one.
If no petition is filed with the municipal clerk within 30
days after the publication, or posting of the ordinance, the
ordinance shall be in effect. But if within this 30 day period
a petition is so filed, signed by electors of the municipality
numbering 10% or more of the number of registered voters in the
municipality asking that the question of constructing or
acquiring and purchasing or improving and operating such
natatoriums or swimming pools, indoor or outdoor tennis courts,
handball, racquetball or squash courts, artificial ice skating
rinks or golf courses, or any other recreational facility or

SB0189 - 241 - LRB101 06690 AWJ 51717 b
any combination of facilities, and the issuance of such bonds
be submitted to the electors of the municipality, the municipal
clerk shall certify that question for submission at an election
in accordance with the general election law.
If a majority of the electors voting upon that question
vote in favor of constructing or acquiring and purchasing or
improving and operating the natatoriums or swimming pools,
indoor or outdoor tennis courts, handball, racquetball or
squash courts, artificial ice skating rinks or golf courses, or
any other recreational facility or any combination of
facilities, and the issuance of the bonds, the ordinances shall
be in effect. But if a majority of the votes cast are against
constructing or acquiring and purchasing or improving and
operating the natatoriums or swimming pools, indoor or outdoor
tennis courts, handball, racquetball or squash courts,
artificial ice skating rinks or golf courses, or any other
recreational facility or any combination of facilities, and the
issuance of the bonds, the ordinance shall not go into effect.
With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the

SB0189 - 242 - LRB101 06690 AWJ 51717 b
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit
upon any municipality which is a home rule unit.
This amendatory Act of 1975 is not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4; 87-767.)
(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. The publication requirement may also
be satisfied by publication of the notice on the municipality's
website not more than 30 nor less than 15 days before the
hearing.
(Source: P.A. 76-1341.)

SB0189 - 243 - LRB101 06690 AWJ 51717 b
(65 ILCS 5/11-102-7) (from Ch. 24, par. 11-102-7)
Sec. 11-102-7. The corporate authorities of any
municipality availing itself of the provisions of Section
11-102-6 shall adopt an ordinance describing in a general way
the airport or airports or facilities thereof or relating
thereto to be purchased, established or improved and refer to
the plans and specifications therefor prepared for that
purpose. These plans and specifications shall be open to the
inspection of the public. Any such ordinance shall set out the
estimated cost of the airport or airports or facilities thereof
or relating thereto or of the improvement and shall fix the
maximum amount of revenue bonds proposed to be issued therefor.
This amount shall not exceed the estimated cost of the airport
or airports or facilities thereof or relating thereto or of the
improvement including engineering, legal, and other expenses
together with interest cost to a date 6 months subsequent to
the estimated date of completion. Such ordinance may contain
such covenants, which shall be part of the contract between the
municipality and the holders of such bonds and the trustee, if
any, for such bondholders having such rights and duties as may
be provided therein for the enforcement and protection of such
covenants, as may be deemed necessary or advisable as to:
(a) the issuance of additional bonds that may thereafter be
issued payable from the revenues derived from the operation of
any such airport or airports, buildings, structures and
facilities and for the payment of the principal and interest

SB0189 - 244 - LRB101 06690 AWJ 51717 b
upon such bonds;
(b) the regulations as to the use of any such airport or
airports and facilities to assure the maximum use or occupancy
thereof;
(c) the kind and amount of insurance to be carried,
including use and occupancy insurance, the cost of which shall
be payable only from the revenues derived from the airport or
airports and facilities;
(d) operation, maintenance, management, accounting and
auditing, employment of airport engineers and consultants and
the keeping of records, reports and audits of any such airport
or airports and facilities;
(e) the obligation of the municipality to maintain the
airport or airports and facilities in good condition and to
operate the same in an economical and efficient manner;
(f) providing for setting aside of sinking funds, reserve
funds, depreciation funds and such other special funds as may
be found needful and the regulation and disposition thereof;
(g) providing for the setting aside of a sinking fund, into
which shall be payable from the revenues of such airport or
airports, buildings, structures and facilities from month to
month, as such revenues are collected, such sums as will be
sufficient to pay the accruing interest and retire the bonds at
maturity;
(h) agreeing to fix and collect rents, rates of toll and
other charges for the use of such airport or airports or any

SB0189 - 245 - LRB101 06690 AWJ 51717 b
buildings, structures or facilities located thereon or related
thereto, sufficient, together with other available money, to
produce revenue adequate to pay the bonds at maturity and
accruing interest and reserves therefor and sufficient to pay
cost of maintenance, operation and depreciation thereof in such
order of priority as shall be provided by the ordinance
authorizing the bonds;
(i) fixing procedure by which the terms of any contract
with the holders of the bonds may be amended, the amount of
bonds the holders of which must consent thereto and the manner
in which such consent may be given;
(j) providing the procedure for refunding such bonds;
(k) providing whether and to what extent and upon what
terms and conditions, if any, the holder of bonds or coupons
issued under such ordinance or the trustee, if any, therefor
may, by action, mandamus, injunction or other proceeding,
enforce or compel the performance of all duties required by
this Division 102 including the fixing, maintaining and
collecting of such rents, rates or other charges for the use of
such airport or airports or of any buildings, structures or
other facilities located thereon or relating thereto or for any
service rendered by the municipality in the operation thereof
as will be sufficient, together with other available money, to
pay the principal of and interest upon these revenue bonds as
the same become due and reserves therefor and sufficient to pay
the cost of maintenance, operation and depreciation of the

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airport or airports and facilities in the order of priority as
provided in the ordinance authorizing the bonds, and the
application of the income and revenue thereof;
(m) such other covenants as may be deemed necessary or
desirable to assure a successful and profitable operation of
the airport or airports and facilities and prompt payment of
the principal of and interest upon the bonds so authorized.
After this ordinance has been adopted it shall be published
once in a newspaper published and having a general circulation
in the municipality or on the municipality's website and may
not thereafter be amended or rescinded except as may be
provided by specific covenant contained therein as hereinabove
authorized. After the expiration of 10 days from the date of
this publication the ordinance shall be in effect.
(Source: P.A. 83-345.)
(65 ILCS 5/11-103-6) (from Ch. 24, par. 11-103-6)
Sec. 11-103-6. The corporate authorities of a municipality
under this Division 103 may (1) lease all or any part of the
municipality's airport, landing field, facilities, and other
structures, and fix and collect rentals therefor, (2) fix,
charge, and collect rentals, tolls, fees, and charges to be
paid, for the use of the whole or any part of the airport or
landing field, buildings, or other facilities, (3) make
contracts for the operation and management of the airport,
landing field, or other air navigation facilities, and (4)

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provide for the use, management, and operation of the airport,
landing field, or air navigation facilities through lessees
thereof, or through its own employees, or otherwise. However,
no lease for the operation or management of an airport, landing
field, or air navigation facilities shall be made for more than
one year except to the highest and best bidder, after notice of
the lease or contract has been given, not more than 30 nor less
than 15 days in advance of the date of the lease or contract,
by publishing a notice thereof at least twice 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. The publication
requirement may also be satisfied by publication of the notice
on the municipality's website at least twice not more than 30
nor less than 15 days in advance of the date of the lease or
contract. 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.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-103-12) (from Ch. 24, par. 11-103-12)
Sec. 11-103-12. The corporate authorities of any
municipality specified in Section 11-103-1, for the purpose of
acquiring land for an airport or landing field or constructing
an airport or landing field, or both, may borrow money and as

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evidence thereof may issue bonds, payable solely from revenue
derived, from the operation or leasing of the airport, landing
field, and facilities or appurtenances thereof. These bonds may
be issued in such amounts as may be necessary to provide
sufficient funds to pay all costs of acquiring the land for an
airport or landing field or constructing an airport or landing
field, or both, including engineering, legal, and other
expenses, together with interest on these bonds, to a date 6
months subsequent to the estimated date of completion.
Whenever the corporate authorities of a specified
municipality determine to acquire land for an airport or
landing field or to construct an airport or landing field, or
both, and to issue bonds under this section for the payment of
the cost thereof, the corporate authorities shall adopt an
ordinance describing in a general way the contemplated project
and refer to the plans and specifications therefor. These plans
and specifications shall be filed with the municipal clerk and
shall be open for inspection by the public.
This ordinance shall set out the estimated cost of the
project, fix the amount of revenue bonds to be issued, the
maturity or maturities thereof, the interest rate, which shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the
contract, payable annually or semi-annually, and all details in
connection with the bonds. The ordinance shall also declare
that a statutory mortgage lien shall exist upon the property of

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the airport or landing field, and shall pledge the revenue
derived from the operation or leasing of the airport, landing
field, and the facilities and appurtenances thereof for the
payment of maintenance and operating costs, providing an
adequate depreciation fund, and paying the principal and
interest of the revenue bonds issued thereunder.
After this ordinance has been adopted, it shall be
published in the same manner and form as is required for other
ordinances of the municipality, including on the
municipality's website.
The publication of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a
petition requesting the question of acquiring land for an
airport or landing field or constructing such facility and the
issuance of bonds to be submitted to the electors; (2) the time
in which such petition must be filed; and (3) the date of the
prospective referendum. The municipal clerk shall provide a
petition form to any individual requesting one.
If no petition is filed with the municipal clerk as
provided in this section within 30 days after the publication
or posting of this ordinance, the ordinance shall be in effect
after the expiration of this 30 day period. But if within this
30 day period a petition is filed with the municipal clerk
signed by electors of the municipality numbering 10% or more of
the number of registered voters in the municipality, asking
that the question of acquiring land for an airport or landing

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field or constructing an airport or landing field, or both, and
the issuance of the specified bonds, be submitted to the
electors thereof, the municipal clerk shall certify that
question for submission at an election in accordance with the
general election law.
If a majority of the votes cast on the question are in
favor of acquiring land for an airport or landing field or
constructing an airport or landing field, or both, and in favor
of the issuance of the specified bonds, this ordinance shall be
in effect. But if a majority of the votes cast on the question
are against the project and the issuance of the bonds, this
ordinance shall not become effective.
Bonds issued under this section are negotiable
instruments, and shall be executed by the mayor or president
and by the municipal clerk of the municipality. In case any
officer whose signature appears on the bonds or coupons ceases
to hold that office before the bonds are delivered, his
signature, nevertheless shall be valid and sufficient for all
purposes, the same as though he had remained in office until
the bonds were delivered.
With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,

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regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit
upon any municipality which is a home rule unit.
(Source: P.A. 86-4; 87-767.)
(65 ILCS 5/11-117-3) (from Ch. 24, par. 11-117-3)
Sec. 11-117-3. No municipality shall proceed to acquire or
construct any public utility under the provisions of this
Division 117 until an ordinance of the corporate authorities
providing therefor has been duly passed. This ordinance shall
set forth the action proposed, shall describe the plant,
equipment, and property proposed to be acquired or constructed,
and shall provide for the issuance of bonds, mortgage
certificates, or special assessment bonds, as authorized in
this Division 117.
This ordinance shall not become effective until the
question of its adoption is submitted to a referendum vote of
the electors of the municipality. The municipal clerk shall
certify the question for submission to the vote of the electors

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of the municipality upon an initiating ordinance adopted by the
corporate authorities.
The question shall be in substantially the following form:
-------------------------------------------------------------
Shall the ordinance (stating YES
the nature of the proposed --------------------------
ordinance) be adopted? NO
-------------------------------------------------------------
If a majority of the electors voting on the question of the
adoption of the proposed ordinance vote in favor thereof, the
ordinance shall thereupon become a valid and binding ordinance
of the municipality.
Prior to the referendum upon this ordinance, the municipal
clerk shall have the ordinance published at least once in one
or more newspapers published in the municipality, or, if no
newspaper is published therein, then in one or more newspapers
with a general circulation within the municipality or on the
municipality's website. This publication shall be not more than
30 nor less than 15 days in advance of the election.
(Source: P.A. 81-1489.)
(65 ILCS 5/11-118-3) (from Ch. 24, par. 11-118-3)
Sec. 11-118-3. Whenever revenue bonds have been issued
under this Division 118, the entire revenue received thereafter
from the operation of the heating plant and system shall be
deposited in a separate fund, designated the heating fund of

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the municipality of ..... This revenue shall be used only in
paying the cost of maintenance and operation of the heating
plant and system and the principal of interest upon the bonds
issued under this Division 118.
Rates charged for heating shall be sufficient to pay the
cost of maintenance and operation and to pay the principal of
and interest upon all bonds issued under this Division 118, for
the construction of the heating plant and system. These rates
shall not be reduced while any of these bonds are unpaid.
Revenue bonds issued under this Division 118 may be
redeemed at any interest-paying date, by proceeding as follows:
(1) a written notice shall be mailed to the holder of such a
bond 30 days prior to an interest-paying date, notifying the
holder that the bond will be redeemed on the next
interest-paying date; or (2) if the holder of such a bond is
unknown, then a notice describing the bond to be redeemed and
the date of its redemption shall be published 30 days prior to
an interest-paying date 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. The publication requirement may also
be satisfied by publication of the notice on the municipality's
website 30 days prior to an interest-paying date. 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.

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When notice has been mailed to the holder of such a bond, or
when notice has been published in a newspaper, in case the
holder of the bond is unknown, the bond shall cease bearing
interest from and after the next interest-paying date.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-122-2) (from Ch. 24, par. 11-122-2)
Sec. 11-122-2. Subject to the provisions of Section
11-122-6, every city may lease street railways, or any part
thereof, owned by the city to any company incorporated under
the laws of this state for the purpose of operating street
railways for any period, not longer than 20 years, on such
terms and conditions as the city council deems for the best
interests of the public.
Such a city has the power to incorporate in any grant of
the right to construct or operate street railways a reservation
of the right on the part of the city to take over all or part of
those street railways, at or before the expiration of the
grant, upon such terms and conditions as may be provided in the
grant. The city also has the power to provide in such a grant
that in case the reserved right is not exercised by the city
and the city grants a right to another company to operate a
street railway in the streets or part of the streets occupied
by its grantee under the former grant, the new grantee shall
purchase and take over the street railways of the former
grantee upon the terms that the city might have taken them

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over. The city council of the city has the power to make a
grant, containing such a reservation, for either the
construction or operation or both the construction and
operation of a street railway in, upon, and along any of the
streets or public ways therein, or portions thereof, in which
street railway tracks are already located at the time of the
making of the grant, without the petition or consent of any of
the owners of the land abutting or fronting upon any street or
public way, or portion thereof, covered by the grant.
No ordinance authorizing a lease for a longer period than 5
years, nor any ordinance renewing any lease, shall go into
effect until the expiration of 30 days from and after its
publication. The ordinance shall be published in a newspaper of
general circulation in the city or on the municipality's
website. The publication or posting of the ordinance shall be
accompanied by a notice of (1) the specific number of voters
required to sign a petition requesting the question of
authorizing the lease of a street railway for a period longer
than 5 years to be submitted to the electors; (2) the time in
which such petition must be filed; and (3) the date of the
prospective referendum. The city clerk shall provide a petition
form to any individual requesting one. And if, within that 30
days, there is filed with the city clerk a petition signed by
voters in the municipality equal to 10% or more of the
registered voters in the municipality, asking that the
ordinance be submitted to a popular vote, the ordinance shall

SB0189 - 256 - LRB101 06690 AWJ 51717 b
not go into effect unless the question of its adoption is first
submitted to the electors of the city and approved by a
majority of those voting thereon.
The signatures to the petition need not all be on one paper
but each signer shall add to his signature, which shall be in
his own handwriting, his place of residence, giving the street
and number. One of the signers of each such paper shall make
oath before an officer competent to administer oaths, that each
signature on the paper is the genuine signature of the person
whose name it purports to be.
In case of the leasing by any city of any street railway
owned by it, the rental reserved shall be based on both the
actual value of the tangible property and of the franchise
contained in the lease, and the rental shall not be less than a
sufficient sum to meet the annual interest upon all outstanding
bonds or street railway certificates issued by the city on
account of that street railway.
(Source: P.A. 87-767.)
(65 ILCS 5/11-122-8) (from Ch. 24, par. 11-122-8)
Sec. 11-122-8. Any city having a population of less than
500,000 which has constructed, acquired, or purchased street
railways under "An Act to authorize cities to acquire,
construct, own, operate and lease street railways, to provide
the means therefor, and to provide for the discontinuance of
such operation and ownership," approved May 18, 1903, as

SB0189 - 257 - LRB101 06690 AWJ 51717 b
amended, or under this Division 122, by ordinance of the city
council may provide for the discontinuance of their operation
and maintenance and may provide for the sale or disposal, in
such manner as the city council may determine, of the property
and equipment so constructed, acquired, or purchased.
This ordinance shall not become effective until the
question of its adoption is certified by the clerk and
submitted to a referendum vote of the electors of the city at
an election designated in the ordinance. At that election, the
ordinance shall be submitted without alteration to the vote of
the electors of the city.
The question shall be in substantially the following form:
-------------------------------------------------------------
Shall the ordinance (stating YES
the nature of the proposed ---------------------------
ordinance) be adopted? NO
-------------------------------------------------------------
If a majority of the electors voting on the question of the
adoption of the proposed ordinance vote in favor thereof, the
ordinance shall thereupon become a valid and binding ordinance
of the city.
Prior to the election upon this ordinance, the city clerk
shall have the ordinance published at least once in one or more
newspapers published in the city, or, if no newspaper is
published therein, then in one or more newspapers with a
general circulation within the city. The publication

SB0189 - 258 - LRB101 06690 AWJ 51717 b
requirement may also be satisfied by publication of the
ordinance on the city's website. This publication shall be not
more than 30 nor less than 15 days in advance of the election.
(Source: P.A. 81-1489.)
(65 ILCS 5/11-122.1-1) (from Ch. 24, par. 11-122.1-1)
Sec. 11-122.1-1. Any municipality shall have power to
contract for the operation of a privately owned, local
passenger transportation system or a portion thereof within its
corporate limits or within a radius of one-half mile thereof
upon terms satisfactory to it and to the owner of said system.
By such contract, the municipality may bind itself to pay to
said owner and operator such sums as may be sufficient, when
added to the fares collected from its patrons by the operator,
to equal an agreed cost of said service, which cost may include
an allowance for depreciation and a reasonable sum for
operating and maintaining said transportation system or
portion thereof. Such contract shall provide that the
municipality may fix the fares to be charged and the service to
be rendered by the operator; and a municipality entering into
such contract shall have exclusive jurisdiction and control of
rates of fare to be charged and service to be provided by such
contracting, owning and operating company for the
transportation to be provided pursuant to such contract. Upon
the execution of such a contract and within 10 days after its
effective date the owner of the system shall file 3 copies of

SB0189 - 259 - LRB101 06690 AWJ 51717 b
such contract certified by the clerk of the municipal
corporation executing the same with the Illinois Commerce
Commission and shall cause public notice of such contract to be
published in a newspaper of general circulation in the area to
be served pursuant to such contract or on the municipality's
website. Thereafter the Illinois Commerce Commission shall
enter an order suspending that portion of the operating rights
of the owner of the system covered by the provisions of such
contract for the period covered by the contract. Such order
shall direct continued compliance by the owner of the system
with the provisions of Sections 55a and 55b of "An Act
concerning public utilities", approved June 29, 1921, as
amended.
(Source: Laws 1965, p. 2850.)
(65 ILCS 5/11-123-9) (from Ch. 24, par. 11-123-9)
Sec. 11-123-9. When any city or village and the owner or
claimant have agreed upon a boundary line as provided in
Section 11-123-8, the city or village shall commence a civil
action in the circuit court of the county in which the land is
situated, praying that the boundary line be established and
confirmed by judgment of the court. All persons interested in
the land as owners or otherwise, who appear of record, if
known, or if not known, upon stating the fact, shall be made
parties defendant. Interested persons whose names are unknown
may be made parties defendant by the description of unknown

SB0189 - 260 - LRB101 06690 AWJ 51717 b
owners, but in all cases an affidavit shall be filed by or on
behalf of the municipality, setting forth that the names of
these persons are unknown.
The municipality shall publish notice of the commencement
of the action once a week for 3 consecutive weeks, 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. The
publication requirement may also be satisfied by publication of
the notice on the municipality's website once a week for 3
successive weeks. 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 notices shall contain the title of
the action and the return day at which the defendants are to
appear, and the last of the notices shall be published not less
than 10 nor more than 20 days before the return day. The
defendants who do not enter their appearances shall be served
with process and the proceedings in the action shall be
conducted in the same manner as provided by the Civil Practice
Law, as heretofore and hereafter amended and the Supreme Court
Rules, now or hereafter adopted, in relation to that Law,
except as otherwise provided in this Division 123.
If upon a hearing the court finds that the rights and
interests of the public have been duly conserved by the
agreement, the court shall confirm the agreement and establish

SB0189 - 261 - LRB101 06690 AWJ 51717 b
the boundary line. Otherwise the court, in its discretion,
shall dismiss the suit. If the boundary line agreed upon is so
established and confirmed by a court judgment, it shall be the
permanent boundary line thereafter and shall not be affected
either by accretion or erosion.
The establishment of such a boundary line operates as a
conveyance and release to the municipality of all the right,
title, and interest of owners to all land, property, and
property rights, including riparian rights, lying upon the
outer or water side of the boundary line. The municipality is
hereby granted by the State of Illinois the title to all land,
property, and property rights, including riparian rights,
lying upon the outer or water side of the boundary line when so
established. The owners of the shore land are hereby granted by
the State of Illinois the title to the adjacent, adjoining,
submerged, or other land, whether of natural or artificial
formation, as specifically and particularly described in the
court judgment, lying upon the inner or land side of the
boundary line when so established. These owners may fill in,
improve, protect, and use, sell, and convey this land lying
upon the inner or land side of the boundary line free from any
adverse claim in any way arising out of any question as to
where the shore line was at any time in the past, or as to the
title to any existing accretions.
(Source: P.A. 82-783.)

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(65 ILCS 5/11-123-14) (from Ch. 24, par. 11-123-14)
Sec. 11-123-14. Every city and village owning and
operating, or owning and leasing any portion of a utility,
shall keep the accounts for the utilities separate and distinct
from other municipal accounts and in such manner as to show the
true and complete financial standing and results of the
municipal ownership and operation or of the municipal ownership
and leasing, as the case may be. These accounts shall be so
kept as to show: (1) the actual cost of the municipality of the
utilities owned; (2) all costs of maintenance, extension, and
improvement; (3) all operating expenses of every description,
in case of municipal operation, whether of the whole or of a
part of the utilities; (4) if water or other service is
furnished for the use of the utilities without charge, as
nearly as possible, the value of that service, and also the
value of any service rendered by the utilities to any
reasonable allowances for interest, depreciation, and other
municipal department without charge; (5) insurance; and (6)
estimates of the amount of taxes that would be chargeable
against the utilities if owned by a private corporation. The
corporate authorities of the municipality shall have printed
annually for public distribution, a report showing the
financial standing and results, in the form specified in this
section, of the municipal ownership and operation, or of
municipal ownership and leasing. This report shall be published
in one or more newspapers published in the municipality, or, if

SB0189 - 263 - LRB101 06690 AWJ 51717 b
no newspaper is published therein, then in one or more
newspapers with a general circulation within the municipality.
The publication requirement may also be satisfied by
publication of the report on the municipality's website. 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 accounts of the utilities shall be examined at least
once a year by a licensed Certified Public Accountant permitted
to perform audits under the Illinois Public Accounting Act, who
shall report to the corporate authorities the results of his
examination. This accountant shall be selected in such manner
as the corporate authorities may direct, and he shall receive
for his services such compensation, to be paid out of the
revenue from the utilities, as the corporate authorities may
prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
(65 ILCS 5/11-126-1) (from Ch. 24, par. 11-126-1)
Sec. 11-126-1. Each municipality may provide for a supply
of water for fire protection and for the use of the inhabitants
of the municipality (1) by constructing and maintaining a
system of waterworks, or (2) by uniting with any adjacent
municipality in constructing and maintaining a system of
waterworks for the joint use of those municipalities, or (3) by
procuring such a supply of water from any adjacent municipality

SB0189 - 264 - LRB101 06690 AWJ 51717 b
already having waterworks.
All contracts for the construction of such a system of
waterworks or any part thereof shall be let to the lowest
responsible bidder therefor, upon not less than 3 weeks' public
notice of the terms and conditions upon which the contract is
to be let having been given by publication in a newspaper
published in the municipality, or if no newspaper is published
therein, then in some newspaper published in the county. The
publication requirement may also be satisfied by publication of
the notice on the municipality's website for not less than 3
successive weeks. No member of the corporate authorities shall
be directly or indirectly interested in such a contract. In all
cases the corporate authorities have the right to reject any
and all bids that may not be satisfactory to them.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-127-1) (from Ch. 24, par. 11-127-1)
Sec. 11-127-1. In all municipalities where waterworks have
been constructed, the corporate authorities of the
municipality may purchase or lease the waterworks from the
owner thereof. However, such a lease or purchase is not binding
upon the municipality until the corporate authorities pass an
ordinance which includes the terms of the lease or purchase
therein. This ordinance shall be published at least once,
within 10 days after passage, in one or more newspapers
published in the municipality, or, if no newspaper is published

SB0189 - 265 - LRB101 06690 AWJ 51717 b
therein, then in one or more newspapers with a general
circulation within the municipality. The publication
requirement may also be satisfied by publication of the
ordinance on the municipality's website within 10 days after
its passage. 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 publication or posting of the ordinance shall be
accompanied by a notice of (1) the specific number of voters
required to sign a petition requesting the question of
authorizing the purchase or lease of waterworks to be submitted
to the electors; (2) the time in which such petition must be
filed; and (3) the date of the prospective referendum. The city
clerk shall provide a petition form to any individual
requesting one.
If no petition is submitted to the corporate authorities,
as provided in this section, within 30 days after the ordinance
is so published and posted, the corporate authorities may
consummate the lease or purchase provided for in the ordinance.
But if within this period of 30 days there is presented to the
corporate authorities a petition signed by electors of the
municipality numbering 10% or more of the number of registered
voters in the municipality asking that the question, whether
the lease or purchase should be made, be submitted to a vote,
the corporate authorities by ordinance shall designate the

SB0189 - 266 - LRB101 06690 AWJ 51717 b
election at which the electors of the municipality may vote
upon that question and the city clerk shall promptly certify
the proposition for submission. If a majority of the electors
voting upon that question vote in favor of making the lease or
purchase, then the corporate authorities shall proceed to
complete the lease or purchase. But if a majority of the votes
cast on the question are against the lease or purchase, the
corporate authorities shall proceed no further with the lease
or purchase for the period of 6 months next ensuing.
(Source: P.A. 87-767.)
(65 ILCS 5/11-128-2) (from Ch. 24, par. 11-128-2)
Sec. 11-128-2. Whenever any specified municipality desires
to avail itself of the provisions of this Division 128, the
corporate authorities by ordinance or resolution may contract
for the purchase, construction, or enlargement of waterworks
for a provisionally certain fixed sum. The contract for
purchase, construction, or enlargement, together with a report
from the municipal engineer recommending the same, shall be
published at least once a week for 3 consecutive weeks in a
newspaper with a general circulation in the municipality or on
the municipality's website once a week for 3 consecutive weeks.
The corporate authorities shall also provide in the specified
ordinance or resolution for the levying of a direct annual tax
as authorized in Section 11-128-1. The total of this tax for
the term levied, together with the annual revenue which is

SB0189 - 267 - LRB101 06690 AWJ 51717 b
estimated to be derived from the waterworks, shall be
sufficient to pay the contract price for the waterworks,
together with interest thereon. However, the contract for the
purchase, construction, or enlargement, and this tax, shall not
be valid or binding until confirmed by a vote as provided by
Section 11-128-3.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-129-4) (from Ch. 24, par. 11-129-4)
Sec. 11-129-4. Within 10 days after an ordinance for any
project under this Division 129 has been passed, it shall be
published at least once in one or more newspapers published in
the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation
within the municipality. The publication requirement may also
be satisfied by publication of the ordinance on the
municipality's website within 10 days after its passage. 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.
If the ordinance authorizes the issuance of revenue bonds
for the purpose of purchasing an existing waterworks system and
if the revenue thereof (after proper adjustments and
elimination of nonrecurring charges under public ownership
based upon the average annual receipts and expenditures for the
3 calendar years next preceding the date of the adoption of the

SB0189 - 268 - LRB101 06690 AWJ 51717 b
ordinance as shown by the annual reports for those years made
by the owners to the Illinois Commerce Commission) is
sufficient (1) to pay all operating and maintenance expenses,
(2) to pay into a depreciation fund a reasonable amount as a
depreciation reserve, and (3) to provide for the payment when
due of the principal of and interest upon the bonds proposed to
be issued to purchase the waterworks system, the ordinance
authorizing the issuance of those revenue bonds shall be in
effect immediately upon its adoption and publication, or
posting, as provided in this section, notwithstanding any
provision in this Code or any other law to the contrary.
If the ordinance authorizes the issuance of revenue bonds
for the purpose of extending or improving an existing
waterworks system, after its acquisition, or a presently
municipally owned and operated waterworks system, and if the
ordinance specifies that those extensions or improvements are
to be paid for, either in whole or in part, by a loan or grant,
or both, from any federal agency, the ordinance authorizing the
issuance of those revenue bonds shall be in effect immediately
upon its adoption and publication, or posting, as provided in
this section, notwithstanding any provision in this Code or any
other law to the contrary.
The fact as to the sufficiency of the revenue in case of
the purchase of an existing waterworks system, or of the
intention of the corporate authorities to pay the cost of the
proposed extensions or improvements to an existing system

SB0189 - 269 - LRB101 06690 AWJ 51717 b
proposed to be purchased, or to a presently municipally owned
system, by a loan or grant, or both, from a federal agency
shall be determined by the ordinance authorizing the revenue
bonds and that determination when so expressed in that
ordinance shall be conclusive.
In all other cases, if no petition is filed with the
municipal clerk, as provided in this section, within 30 days
after the publication, or posting, of the ordinance, then,
after the expiration of those 30 days, the ordinance shall be
in effect. The publication or posting of an ordinance which
does not take effect immediately shall be accompanied by a
notice of (1) the specific number of voters required to sign a
petition requesting the question of authorizing the issuance of
revenue bonds for the purpose of building, purchasing,
improving or extending the waterworks or water supply system to
be submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective
referendum. The municipal clerk shall provide a petition form
to any individual requesting one. But if within this period of
30 days a petition is filed with the municipal clerk signed by
electors of the municipality numbering 10% or more of the
number of registered voters in the municipality, asking that
the question of building, purchasing, improving, or extending
the waterworks or water supply system and the issuance of
revenue bonds therefor, as provided in the ordinance, be
submitted to the electors of the municipality, the clerk shall

SB0189 - 270 - LRB101 06690 AWJ 51717 b
certify the proposition for submission at an election in
accordance with the general election law.
If a majority of the votes cast on the question are in
favor thereof, the ordinance shall be in effect. But if a
majority of the votes cast on the question are unfavorable, the
municipality shall proceed no further and the ordinance shall
not take effect.
(Source: P.A. 87-767.)
(65 ILCS 5/11-130-4) (from Ch. 24, par. 11-130-4)
Sec. 11-130-4. Within 10 days after such an ordinance has
been passed it shall be published at least once, with a notice
to all persons concerned stating that the ordinance has been
adopted 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. The publication requirement may also be
satisfied by publication of the ordinance on the municipality's
website within 10 days after its passage. 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. Such notice
shall state that the municipality contemplates the issuance of
the bonds described in the ordinance, and that any person
interested may appear before the corporate authorities upon a
certain date, which shall not be less than 10 days subsequent

SB0189 - 271 - LRB101 06690 AWJ 51717 b
to the publication or posting of the ordinance and notice, and
present protests. At this hearing all objections and
suggestions shall be heard, and the corporate authorities shall
take such action as they shall deem proper in the premises.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-130-12) (from Ch. 24, par. 11-130-12)
Sec. 11-130-12. Whenever all of the holders of unpaid water
revenue certificates of a particular issue, which were issued
prior to July 8, 1927, to pay the cost of constructing
waterworks and are payable from the revenue thereof, offer in
writing to exchange the certificates for refunding revenue
bonds to be issued under this Division 130, the corporate
authorities shall receive the certificates, and if found to be
properly executed, may adopt an ordinance incorporating
therein the offer of the certificate holders. This ordinance
shall set forth the determined value of the waterworks as it
then exists, the value of as much of the waterworks as was paid
for by the issue of certificates, the unpaid portion of which
are proposed to be refunded, and the details in connection with
the issuance of the refunding revenue bonds in the same manner
as is provided for in this Division 130. The ordinance also
shall fix the minimum rates to be charged for water and pledge
that revenue, if and when the refunding revenue bonds are
issued, to pay these refunding revenue bonds. The revenue shall
be applied as provided in this Division 130 and particularly in

SB0189 - 272 - LRB101 06690 AWJ 51717 b
Sections 11-130-8 and 11-130-9.
The amount of the refunding revenue bonds shall not exceed
and may be less than the par amount of the certificates to be
surrendered and shall not exceed and may be less than the
determined value of so much of the waterworks as was paid for
by that issue of certificates, less the amount of certificates
paid. The ordinance shall be published, or posted, together
with a notice of a hearing thereon, and a hearing shall be had
thereon, in the same manner as is provided in this Division
130, including on the municipality's website. After such a
hearing the refunding revenue bonds specified in the offer may
be issued, or a less amount thereof may be issued with the
consent of the certificate holders, or the ordinance may be
repealed, as the corporate authorities shall determine. If the
refunding revenue bonds are issued, the certificates shall be
surrendered and cancelled simultaneously therewith. Refunding
revenue bonds issued under this Division 130 shall be payable
only out of revenue derived from the waterworks as provided in
the ordinance and according to the terms of this Division 130.
Holders of refunding revenue bonds issued under this Division
130 have rights similar to those of holders of revenue bonds
issued under this Division 130, including the power to apply
for a receiver to operate the waterworks. The municipality is
under the same obligations to the refunding bondholders as it
is to holders of revenue bonds issued under this Division 130.
(Source: Laws 1961, p. 576.)

SB0189 - 273 - LRB101 06690 AWJ 51717 b
(65 ILCS 5/11-133-2) (from Ch. 24, par. 11-133-2)
Sec. 11-133-2. The corporate authorities of any
municipality availing itself of the provisions of this Division
133, shall adopt an ordinance describing in a general way the
improvements and extensions to be made and refer to the plans
and specifications therefor prepared for that purpose. These
plans and specifications shall be open to the inspection of the
public. This ordinance shall set out the estimated cost of the
improvements and extensions and shall fix the amount of
certificates proposed to be issued, the maturity, interest
rate, and all details in respect thereof. After this ordinance
has been adopted and approved, it shall be published once in a
newspaper published and having a general circulation in the
municipality or on the municipality's website. This ordinance
shall be in effect after the expiration of 10 days from the
date of this publication.
Certificates of indebtedness issued under this Division
133, shall be payable solely from the revenue derived from the
waterworks system, and these certificates shall not in any
event constitute an indebtedness of the municipality within the
meaning of the constitutional limitation. It shall be plainly
stated on the face of each certificate that it has been issued
under the provisions of this Division 133, and that it does not
constitute an indebtedness of the municipality within any
constitutional or statutory limitation. The total amount of

SB0189 - 274 - LRB101 06690 AWJ 51717 b
these certificates that may be issued during the 8 years'
period of 1958 to 1965 both inclusive, shall not exceed
$150,000,000, which certificates may be issued from time to
time within the 8 years' period. The total amount of these
certificates that may be issued during the six year period of
1966 to 1971 both inclusive, shall not exceed $60,000,000 which
certificates may be issued from time to time within the six
year period. The total amount of these certificates that may be
issued in the year 1972 shall not exceed $5,000,000 and in the
year of 1973 and each year thereafter shall not exceed
$10,000,000.
This amendatory Act of 1973 is not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 78-211.)
(65 ILCS 5/11-135-5) (from Ch. 24, par. 11-135-5)
Sec. 11-135-5. Whenever bonds are issued under this
Division 135 the revenue received from the operation of the
properties under the control of the commission shall be set
aside as collected and deposited in a separate fund to be used
only (1) in paying the cost of the operation and maintenance of
those properties, (2) in providing an adequate depreciation
fund, (3) in paying the principal of and interest upon the
revenue bonds issued by the commission, as provided by this
Division 135, (4) to comply with the covenants of the ordinance
or resolution authorizing the issuance of such bonds, and (5)

SB0189 - 275 - LRB101 06690 AWJ 51717 b
to carry out the corporate purposes and powers of the
commission.
In case the commission has charge of the operation of a
complete waterworks system, including the distribution mains,
the commission shall establish rates and charges for water
which shall be sufficient at all times to pay the cost of
operation and maintenance, to provide an adequate depreciation
fund, to pay the principal of and interest upon all revenue
bonds issued as provided by this Division 135, to comply with
the covenants of the ordinance or resolution authorizing the
issuance of such bonds, and to carry out the corporate purposes
and powers of the commission. Charges and rates shall be
established, revised, and maintained by ordinance and become
payable as the commission may determine by ordinance.
In case the commission has charge of the operation of a
common source of supply of water, the municipalities
represented by the commission shall contract with the
commission for water. These municipalities shall establish
such charges and rates for water supplied by them to consumers
as will be sufficient at all times (1) to pay the cost of
operation and maintenance of the respective waterworks systems
(or waterworks and sewerage systems, where combined) of the
municipalities, (2) to provide an adequate depreciation fund
therefor, (3) to pay the principal of and interest on all
revenue bonds of the municipalities payable from the revenues
of the waterworks system (or combined waterworks and sewerage

SB0189 - 276 - LRB101 06690 AWJ 51717 b
system), and (4) to pay the charges and rates established by
the commission for the sale of water by the commission to those
municipalities. The commission shall establish such charges
and rates for water supplied to those municipalities as will be
sufficient at all times (1) to pay the cost of operation and
maintenance of the common source of supply of water, (2) to
provide an adequate depreciation fund therefor, (3) to pay the
principal of and interest on the revenue bonds issued by the
commission, (4) to comply with the covenants of the ordinance
or resolution authorizing the issuance of such bonds, and (5)
to carry out the corporate purposes and powers of the
commission, under the provisions of this Division 135.
Contracts entered into between the commission and the specified
municipalities shall include covenants for the establishment
of rates and charges as provided in this section.
Municipality contributions to the Illinois Municipal
Retirement Fund, by commissions created under this Division 135
which have been included under that Fund, shall be considered a
cost of operation and maintenance for the purposes of this
Section.
Any holder of a bond or of any of its coupons, issued under
this Division 135, in any civil action, mandamus, or other
proceeding, may enforce and compel performance of all duties
required by this Division 135 to be performed by such a
commission or by any of the municipalities, including the
making of rates and charges, the collecting of sufficient

SB0189 - 277 - LRB101 06690 AWJ 51717 b
revenue, and the application thereof, as provided in this
Division 135.
All contracts for the construction of a waterworks system
or of a common source of supply of water, or both, to be let by
such a commission, shall be entered into only after advertising
for bids, pursuant to a resolution to be adopted for that
purpose by the commission. A notice inviting bids shall be
published in a newspaper published and having a general
circulation in the county or counties in which the
municipalities represented by the commission are located or on
the commission's website, not more than 30 nor less than 15
days in advance of the receipt of the bids. The notice shall be
published at least twice. In the resolution directing the
advertising for bids the commission also shall establish all
requirements necessary for the bidding, for the awarding of
contracts, and for the approval of contractors' faithful
performance bonds.
(Source: P.A. 82-641.)
(65 ILCS 5/11-136-5) (from Ch. 24, par. 11-136-5)
Sec. 11-136-5. Whenever bonds are issued under this
Division 136 the revenue received from the operation of the
properties under the control of the commission shall be set
aside as collected and deposited in a separate fund to be used
only (1) in paying the cost of the operation and maintenance of
those properties, (2) in providing an adequate depreciation

SB0189 - 278 - LRB101 06690 AWJ 51717 b
fund, and (3) in paying the principal of and interest upon the
revenue bonds issued by the commission, as provided by this
Division 136.
In case the commission has charge of the operation of a
complete waterworks system or sewer system including the
distribution mains, the commission shall establish rates and
charges for water or sewer service or both which shall be
sufficient at all times to pay the cost of operation and
maintenance, to provide an adequate depreciation fund, and to
pay the principal of and interest upon all revenue bonds issued
as provided by this Division 136. The rates for water and sewer
service need not be the same nor do rates for the same type of
service have to be identical in the several municipalities
constituting the commission but shall be equitably based upon
the net plant account and the expenses of operation in each
municipality. Charges and rates shall be established, revised,
and maintained by ordinance and become payable as the
commission may determine by ordinance.
In case the commission has charge of the operation of
sources of supply of water, the municipalities specified in
Section 11-136-1 represented by the commission shall contract
with the commission for water. These municipalities shall
establish such charges and rates for water supplied by them to
consumers as will be sufficient at all times (1) to pay the
cost of operation and maintenance of the respective waterworks
systems of the municipalities, (2) to provide an adequate

SB0189 - 279 - LRB101 06690 AWJ 51717 b
depreciation fund therefor, and (3) to pay the charges and
rates established by the commission for the sale of water by
the commission to those municipalities, and the commission
shall establish such charges and rates for water supplied to
those municipalities as will be sufficient at all times (1) to
pay the cost of operation and maintenance of the common source
of supply of water, (2) to provide an adequate depreciation
fund therefor, and (3) to pay the principal of and interest on
the revenue bonds issued by the commission, under the
provisions of this Division 136. Contracts entered into between
the commission and the specified municipalities shall include
covenants for the establishment of rates and charges as
provided in this section.
Municipality contributions to the Illinois Municipal
Retirement Fund, by commissions created under this Division 136
which have been included under that Fund, shall be considered a
cost of operation and maintenance for the purposes of this
Section.
Any holder of a bond or of any of its coupons, issued under
this Division 136, in any civil action, mandamus, or other
proceedings, may enforce and compel performance of all duties
required by this Division 136 to be performed by such a
commission or by any of the municipalities, including the
making of rates and charges, the collecting of sufficient
revenue, and the application thereof, as provided in this
Division 136.

SB0189 - 280 - LRB101 06690 AWJ 51717 b
All contracts for the construction of a waterworks system
or sources of supply of water, or sewer systems, or any
combination thereof, to be let by such a commission, shall be
entered into only after advertising for bids, pursuant to a
resolution to be adopted for that purpose by the commission. A
notice inviting bids shall be published in a newspaper
published and having a general circulation in the county or
counties in which the municipalities represented by the
commission are located or on the commission's website, not more
than 30 nor less than 15 days in advance of the receipt of the
bids. The notice shall be published at least twice. In the
resolution directing the advertising for bids the commission
also shall establish all requirements necessary for the
bidding, for the awarding of contracts, and for the approval of
contractors' faithful performance bonds.
(Source: P.A. 80-425.)
(65 ILCS 5/11-137-2) (from Ch. 24, par. 11-137-2)
Sec. 11-137-2. In all municipalities where any person has
constructed a waterworks or sewerage system, or both, the
municipality may purchase or lease that waterworks or sewerage
system, or both, from the owners thereof, subject to the
provisions of this Division 137.
Before such a lease or purchase is binding upon the
municipality, the corporate authorities shall pass an
ordinance authorizing the municipality to lease or purchase

SB0189 - 281 - LRB101 06690 AWJ 51717 b
that waterworks or sewerage system, or both, and shall include
in the ordinance the terms, as near as practicable, upon which
the lease or purchase shall be made. The ordinance shall be
published at least once, within 10 days after 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. The
publication requirement may also be satisfied by publication of
the ordinance on the municipality's website within 10 days
after its passage. 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 publication or posting of the ordinance shall be
accompanied by a notice of (1) the specific number of voters
required to sign a petition requesting the question of
authorizing the lease or purchase of a waterworks or sewerage
system to be submitted to the electors; (2) the time in which
such petition must be filed; and (3) the date of the
prospective referendum. The municipal clerk shall provide a
petition form to any individual requesting one.
If no petition is presented to the corporate authorities as
hereinafter provided, within 30 days after the ordinance is so
published and posted, the corporate authorities may consummate
the lease or purchase of that waterworks or sewerage system, or
both, as provided in the ordinance. If within 30 days after the

SB0189 - 282 - LRB101 06690 AWJ 51717 b
first publication of the ordinance a petition is filed with the
municipal clerk signed by electors of the municipality
numbering 10% or more of the number of registered voters in the
municipality, asking that the question of leasing or purchasing
that waterworks or sewerage system, or both, as provided in the
ordinance, be submitted to a vote, the clerk shall certify the
proposition and the corporate authorities shall designate an
election at which the question shall be submitted. If a
majority of the votes cast on the question are in favor
thereof, the corporate authorities may complete the lease or
purchase, but if a majority of the votes cast on the question
are unfavorable, no further action shall be taken by the
municipality for a period of not less than 6 months.
Thereafter, the same or another question may be submitted as
before.
(Source: P.A. 87-767.)
SB0189 - 283 - LRB101 06690 AWJ 51717 b
INDEX
Statutes amended in order of appearance
35 ILCS 200/18-75
35 ILCS 200/18-120
35 ILCS 200/27-30
50 ILCS 305/1 from Ch. 85, par. 601
50 ILCS 330/3 from Ch. 85, par. 803
50 ILCS 450/8 from Ch. 85, par. 928
50 ILCS 470/20
65 ILCS 5/1-2-4 from Ch. 24, par. 1-2-4
65 ILCS 5/2-4-4 from Ch. 24, par. 2-4-4
65 ILCS 5/3.1-35-65 from Ch. 24, par. 3.1-35-65
65 ILCS 5/3.1-35-125 from Ch. 24, par. 3.1-35-125
65 ILCS 5/4-5-16 from Ch. 24, par. 4-5-16
65 ILCS 5/7-1-5.1 from Ch. 24, par. 7-1-5.1
65 ILCS 5/7-1-5.2 from Ch. 24, par. 7-1-5.2
65 ILCS 5/7-1-12 from Ch. 24, par. 7-1-12
65 ILCS 5/7-1-13 from Ch. 24, par. 7-1-13
65 ILCS 5/7-7-6 from Ch. 24, par. 7-7-6
65 ILCS 5/8-1-12 from Ch. 24, par. 8-1-12
65 ILCS 5/8-2-6 from Ch. 24, par. 8-2-6
65 ILCS 5/8-2-9 from Ch. 24, par. 8-2-9
65 ILCS 5/8-2-9.9 from Ch. 24, par. 8-2-9.9
65 ILCS 5/8-3-19
65 ILCS 5/8-4-20 from Ch. 24, par. 8-4-20
SB0189 - 284 - LRB101 06690 AWJ 51717 b
65 ILCS 5/8-10-7 from Ch. 24, par. 8-10-7
65 ILCS 5/9-1-6 from Ch. 24, par. 9-1-6
65 ILCS 5/9-1-11 from Ch. 24, par. 9-1-11
65 ILCS 5/9-2-52 from Ch. 24, par. 9-2-52
65 ILCS 5/9-2-53 from Ch. 24, par. 9-2-53
65 ILCS 5/9-2-79 from Ch. 24, par. 9-2-79
65 ILCS 5/9-2-84 from Ch. 24, par. 9-2-84
65 ILCS 5/9-2-103 from Ch. 24, par. 9-2-103
65 ILCS 5/9-2-108 from Ch. 24, par. 9-2-108
65 ILCS 5/9-2-113 from Ch. 24, par. 9-2-113
65 ILCS 5/9-2-115 from Ch. 24, par. 9-2-115
65 ILCS 5/9-2-123 from Ch. 24, par. 9-2-123
65 ILCS 5/9-2-129 from Ch. 24, par. 9-2-129
65 ILCS 5/9-3-11 from Ch. 24, par. 9-3-11
65 ILCS 5/9-3-13 from Ch. 24, par. 9-3-13
65 ILCS 5/9-3-25 from Ch. 24, par. 9-3-25
65 ILCS 5/9-3-32 from Ch. 24, par. 9-3-32
65 ILCS 5/9-3-36 from Ch. 24, par. 9-3-36
65 ILCS 5/9-3-46 from Ch. 24, par. 9-3-46
65 ILCS 5/11-4-8 from Ch. 24, par. 11-4-8
65 ILCS 5/11-7-3 from Ch. 24, par. 11-7-3
65 ILCS 5/11-13-2 from Ch. 24, par. 11-13-2
65 ILCS 5/11-13-6 from Ch. 24, par. 11-13-6
65 ILCS 5/11-13-14 from Ch. 24, par. 11-13-14
65 ILCS 5/11-13-26
65 ILCS 5/11-14-3 from Ch. 24, par. 11-14-3
SB0189 - 285 - LRB101 06690 AWJ 51717 b
65 ILCS 5/11-15.1-3 from Ch. 24, par. 11-15.1-3
65 ILCS 5/11-22-2 from Ch. 24, par. 11-22-2
65 ILCS 5/11-23-3 from Ch. 24, par. 11-23-3
65 ILCS 5/11-23-15 from Ch. 24, par. 11-23-15
65 ILCS 5/11-29.1-2 from Ch. 24, par. 11-29.1-2
65 ILCS 5/11-29.3-1 from Ch. 24, par. 11-29.3-1
65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
65 ILCS 5/11-42-11 from Ch. 24, par. 11-42-11
65 ILCS 5/11-48.3-11 from Ch. 24, par. 11-48.3-11
65 ILCS 5/11-48.3-23 from Ch. 24, par. 11-48.3-23
65 ILCS 5/11-48.3-25 from Ch. 24, par. 11-48.3-25
65 ILCS 5/11-65-9 from Ch. 24, par. 11-65-9
65 ILCS 5/11-71-3 from Ch. 24, par. 11-71-3
65 ILCS 5/11-71-8 from Ch. 24, par. 11-71-8
65 ILCS 5/11-74.2-4 from Ch. 24, par. 11-74.2-4
65 ILCS 5/11-74.2-10 from Ch. 24, par. 11-74.2-10
65 ILCS 5/11-74.2-11 from Ch. 24, par. 11-74.2-11
65 ILCS 5/11-74.2-15 from Ch. 24, par. 11-74.2-15
65 ILCS 5/11-74.2-18 from Ch. 24, par. 11-74.2-18
65 ILCS 5/11-74.3-2 from Ch. 24, par. 11-74.3-2
65 ILCS 5/11-74.3-6
65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
65 ILCS 5/11-74.6-22
65 ILCS 5/11-74.6-30
SB0189 - 286 - LRB101 06690 AWJ 51717 b
65 ILCS 5/11-76-4.1 from Ch. 24, par. 11-76-4.1
65 ILCS 5/11-76-4.2 from Ch. 24, par. 11-76-4.2
65 ILCS 5/11-76.1-3 from Ch. 24, par. 11-76.1-3
65 ILCS 5/11-76.2-2 from Ch. 24, par. 11-76.2-2
65 ILCS 5/11-84-7 from Ch. 24, par. 11-84-7
65 ILCS 5/11-91-1 from Ch. 24, par. 11-91-1
65 ILCS 5/11-92-8 from Ch. 24, par. 11-92-8
65 ILCS 5/11-94-2 from Ch. 24, par. 11-94-2
65 ILCS 5/11-102-4b from Ch. 24, par. 11-102-4b
65 ILCS 5/11-102-7 from Ch. 24, par. 11-102-7
65 ILCS 5/11-103-6 from Ch. 24, par. 11-103-6
65 ILCS 5/11-103-12 from Ch. 24, par. 11-103-12
65 ILCS 5/11-117-3 from Ch. 24, par. 11-117-3
65 ILCS 5/11-118-3 from Ch. 24, par. 11-118-3
65 ILCS 5/11-122-2 from Ch. 24, par. 11-122-2
65 ILCS 5/11-122-8 from Ch. 24, par. 11-122-8
65 ILCS 5/11-122.1-1 from Ch. 24, par. 11-122.1-1
65 ILCS 5/11-123-9 from Ch. 24, par. 11-123-9
65 ILCS 5/11-123-14 from Ch. 24, par. 11-123-14
65 ILCS 5/11-126-1 from Ch. 24, par. 11-126-1
65 ILCS 5/11-127-1 from Ch. 24, par. 11-127-1
65 ILCS 5/11-128-2 from Ch. 24, par. 11-128-2
65 ILCS 5/11-129-4 from Ch. 24, par. 11-129-4
65 ILCS 5/11-130-4 from Ch. 24, par. 11-130-4
65 ILCS 5/11-130-12 from Ch. 24, par. 11-130-12
65 ILCS 5/11-133-2 from Ch. 24, par. 11-133-2
SB0189 - 287 - LRB101 06690 AWJ 51717 b
65 ILCS 5/11-135-5 from Ch. 24, par. 11-135-5
65 ILCS 5/11-136-5 from Ch. 24, par. 11-136-5
65 ILCS 5/11-137-2 from Ch. 24, par. 11-137-2