Statutes > Illinois Statutes > CHAPTER 65 MUNICIPALITIES > 65 ILCS 5/ Illinois Municipal Code. > Art 11 prec Div 110 - Flood Control and Drainage

Art 11 prec Div 110 - Flood Control and Drainage


      (65 ILCS 5/Art 11 prec Div 110 heading)
FLOOD CONTROL AND DRAINAGE


      (65 ILCS 5/Art. 11 Div. 110 heading)
DIVISION 110. DRAINAGE BY SPECIAL ASSESSMENT

    (65 ILCS 5/11‑110‑1) (from Ch. 24, par. 11‑110‑1)
    Sec. 11‑110‑1. The corporate authorities of cities and villages for drainage purposes may lay out, establish, construct, and maintain drains, ditches, levees, dykes, pumping works, and machinery, and may acquire the necessary land and machinery therefor, and in this manner may provide for draining any portion of the land within their corporate limits, by special assessment upon the property benefited thereby, or by general taxation, or both. No lot, block, tract, or parcel of land, however, shall be assessed more than once in any one year by a municipality for maintenance.
(Source: P.A. 87‑1197.)

    (65 ILCS 5/11‑110‑2) (from Ch. 24, par. 11‑110‑2)
    Sec. 11‑110‑2. The corporate authorities of cities and villages may pass ordinances providing for the making of any improvements specified in Section 11‑110‑1, and for the nature, character, locality, and description thereof. Upon the passage of such an ordinance all proceedings thereafter had for the making of the improvements, and for the maintenance and repair thereof, and for the levy and collection of special assessments to defray the cost thereof, shall be in accordance with the provisions of Article 9.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑110‑3) (from Ch. 24, par. 11‑110‑3)
    Sec. 11‑110‑3. Whenever, in the judgment of the corporate authorities of a city or village, it becomes necessary or advantageous for the proper construction of improvements specified in Section 11‑110‑1 to enlarge, construct, or improve a natural or artificial drain outside the corporate limits of the city or village to obtain a proper outlet, the corporate authorities have the power to acquire the right of way therefor under the provisions of the statutes relating to the exercise of the right of eminent domain. Upon the establishment of this improvement, by the confirmation of the assessment therefor, the corporate authorities have the power to contract with all persons owning or interested in property or drains, outside the corporate limits of the city or village, who will be benefited by the improvement, for payment to the city or village of such an amount as the improvement will benefit those persons. In case of a failure to agree on the amount to be paid for these benefits the corporate authorities of the city or village have the power to sue for and recover the amount in a civil action in any court of competent jurisdiction in this state. The amount recovered or realized by such an agreement or proceeding shall become a part of the money raised to pay for the improvement, and may be refunded in accordance with the provisions of Section 9‑2‑74.
(Source: Laws 1961, p. 576.)


      (65 ILCS 5/Art. 11 Div. 111 heading)
DIVISION 111. DRAINAGE IMPROVEMENT DISTRICTS

    (65 ILCS 5/11‑111‑1) (from Ch. 24, par. 11‑111‑1)
    Sec. 11‑111‑1. Every city or village, whether incorporated under the general law or under a special charter, whose site is wholly or partially subject to overflow and wholly or partially surrounded by levees, dykes, or embankments to prevent overflow: (1) may divide the municipality, or any part thereof, into improvement districts, (2) may fix the grade of the streets, avenues, alleys, or public grounds within the improvement districts, at any height deemed necessary to give a surface drainage from each improvement district to the river or rivers which cause the overflow, and (3) may require low lots, blocks, or parts thereof, within an improvement district to be filled in such manner as to prevent water from standing thereon and thus to prevent them from becoming a nuisance or injurious to the public health, in the judgment of the corporate authorities of the municipality.
    The work authorized to be done by Sections 11‑111‑1 through 11‑111‑7 shall be done by special assessment or special taxation of contiguous property. Every city or village exercising the power granted by these sections has the same power in relation to special assessments or special taxation as is granted to any city, village, or drainage or improvement district in this state.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑111‑2) (from Ch. 24, par. 11‑111‑2)
    Sec. 11‑111‑2. When an improvement district has been created by ordinance under Sections 11‑111‑1 through 11‑111‑7 the corporate authorities shall have an accurate survey of the work contemplated to be done, made by a competent civil engineer, and shall have that engineer make plats, profiles, and estimates of the work to be done. The estimate shall include the cost of all walls or other structures necessary to be constructed to hold the earth to its proper place, the cost of the work opposite or adjacent to each lot in the district, and the cost of the fill upon each lot within the district necessary to be filled. The survey, plats, profiles, and estimates shall be used in estimating the benefits to be charged against the lot or block, or parts thereof, within the improvement district. In estimating those benefits, the benefit the lot, block, or parts thereof, will receive by reason of being secured from overflow or sipe water may be considered.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑111‑3) (from Ch. 24, par. 11‑111‑3)
    Sec. 11‑111‑3. When specified improvement districts have been laid out, the cost of the improvement has been estimated and ascertained by a competent engineer, and the benefits to the lots, blocks, or parts thereof, have been assessed, the municipality may issue a series of bonds sufficient to pay the special assessments or special tax so ascertained for each district. When so issued and endorsed as provided for in this section, these bonds shall be a lien upon the respective lots, blocks, or parts thereof, which are designated in the bonds. The bonds shall bear interest at a rate not exceeding the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, and may run for any term not exceeding 20 years. The style of the bonds shall be fixed and designated by ordinance. But before any bond is issued or put into circulation, the owner of any lot charged with such a special assessment or special tax shall endorse upon the back of the bond his consent thereto, substantially as follows:
    I hereby endorse the within bond, and consent that the lot or lots, or parts thereof therein designated, shall become liable for the interest and principal therein named, and that the bond shall be a lien upon the designated property from this date until paid off and discharged.
         ....
         (insert date)
         .... (Seal)
    The bond, when prepared and executed by the municipality, and endorsed by the owners of the property charged with the special assessments or special tax, shall be recorded in the recorder's office of the county in which the municipality is located. When so recorded the record is notice of the lien thereby created, to the same extent that records of mortgages are notices of the mortgage lien, and has the same force and effect. No coupon need be recorded. A record of the face of the bond and of the endorsement are sufficient.
    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.
    The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any municipality which is a home rule unit.
(Source: P.A. 91‑357, eff. 7‑29‑99.)

    (65 ILCS 5/11‑111‑4) (from Ch. 24, par. 11‑111‑4)
    Sec. 11‑111‑4. Any municipality, issuing bonds under Sections 11‑111‑1 through 11‑111‑7, shall provide by ordinance for the collection of an amount sufficient to pay the interest and principal of these bonds from the property charged with the special assessment or special tax. The special assessment or special tax shall be placed upon the tax books for collection, and treated in the same manner, and have the same effect as special assessments or special taxes have under Article 9. The municipality shall not be liable for the payment of the interest or principal of any of these bonds except (1) for their payment out of the special fund of the improvement district to which the bonds apply, and (2) for the faithful enforcement of the ordinances that provide for the collection of an amount sufficient to pay the interest and principal of these bonds.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑111‑5) (from Ch. 24, par. 11‑111‑5)
    Sec. 11‑111‑5. If a railroad or street railway company has tracks located upon, or across any street in such an improvement district, then, in estimating the cost of the work, the railroad or street railway company shall be charged with the cost of the fill upon that street or crossing in the amount that it would cost the railroad or street railway company to make an independent embankment of the same height to receive its tracks upon that street or crossing. However, any railroad or street railway company has the same right to build its embankment or make its proportion of the improvement as is allowed to individuals. If a railroad or street railway company fails or refuses to comply with the municipal ordinances in this regard, the tracks of the delinquent railroad or street railway company shall be a nuisance, all of the railroad or street railway company's rights upon that street or crossing shall be forfeited, and the tracks removed as the work progresses.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑111‑6) (from Ch. 24, par. 11‑111‑6)
    Sec. 11‑111‑6. If any property within an improvement district created under Sections 11‑111‑1 through 11‑111‑7 belongs to a minor or any other person incapacitated to contract, the guardian, or other person in charge of his or her estate, may apply to the circuit court of the county in which the district is located, by petition, for leave to endorse the specified bonds. When endorsed by order of the court, the endorsement shall be valid.
(Source: P.A. 83‑706.)

    (65 ILCS 5/11‑111‑7) (from Ch. 24, par. 11‑111‑7)
    Sec. 11‑111‑7. In addition to the powers given by Sections 11‑111‑1 through 11‑111‑7 to municipalities to collect an amount sufficient to pay the interest and principal, the owner or holder of any bond has his personal remedy in any court against the endorser upon his endorsement, for failure to pay the interest or principal, and in case of 2 successive failures by any person liable on such a bond, the bond becomes due. Then the holder may enforce his lien for the interest and principal by foreclosure in any court of competent jurisdiction in this state.
    All the powers granted to municipalities by Sections 11‑111‑1 through 11‑111‑7 may be put into effect by proper ordinances.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑111‑8) (from Ch. 24, par. 11‑111‑8)
    Sec. 11‑111‑8. Every city or village with a population of not more than 500,000 whether incorporated under the general law or a special charter, whose site is wholly or partially subject to overflow, inundation, or the unsanitary accumulation of sipe water or surface water, and wholly or partially surrounded by levees, dykes, or embankments to prevent overflow: (1) may divide the municipality, or any part thereof, into improvement districts, (2) may fix the grade of streets, avenues, alleys, or public grounds within the improvement districts at any height deemed necessary to give a surface drainage from each improvement district to the river or rivers which cause the overflow, inundation, or accumulation of sipe and surface water, and (3) may require all low lots, blocks, or parts thereof, or tracts of land, within each improvement district, to be filled to the established grade of adjoining streets, avenues, alleys, or public grounds, or in such manner as to prevent the overflow or inundation thereof, or such accumulation of sipe or surface water therein as in the judgment of the corporate authorities of the municipality would be unsanitary and injurious to the public health or safety.
    Such a city or village shall provide by ordinance for the making of such a local improvement and in that ordinance shall provide whether the improvement shall be made (1) by special assessment, or by special taxation of contiguous property, (2) by general taxation, or (3) by both methods. In order to carry out the purposes of Sections 11‑111‑8 through 11‑111‑10, such a city or village has all the power in relation to special assessment, special or general taxation, or for the issuance of bonds in payment of the cost of the specified local improvement, including the provisions of Article 9, granted to any city or village in this state.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑111‑9) (from Ch. 24, par. 11‑111‑9)
    Sec. 11‑111‑9. When a specified improvement district has been created by ordinance under Sections 11‑111‑8 through 11‑111‑10, the corporate authorities shall have an accurate survey of the work contemplated to be done, made by the city engineer, if there is one, and if not, then by a competent civil engineer. This engineer shall make and file with the municipal clerk, plats, profiles, and estimates of the work to be done. The estimates shall include the cost of all walls or other structures necessary to hold the earth in its proper place and the cost of the fill upon each lot, block, or part thereof, and tract of land within the district, which must be filled under the ordinance. The survey, plat, profile, and estimates shall be used in estimating the benefit to be charged against the lots, blocks, or parts thereof, or tracts of land, within that improvement district by reason of the filing and protection thereof from overflow or unsanitary accumulation of sipe or surface water.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑111‑10) (from Ch. 24, par. 11‑111‑10)
    Sec. 11‑111‑10. Each lot, block, or part thereof, or tract of land in an improvement district specified in Section 11‑111‑8, whether already filled to grade or not, may be assessed to pay the cost of the improvement according to the special benefit it will receive therefrom.
    When the ordinance under which the specified local improvement is ordered provides that the improvement shall be made wholly or partially by special taxation of contiguous property, the special tax shall be levied, assessed, and collected, as nearly as may be, in the manner provided by Article 9. However, no special tax shall be levied or assessed upon any property to pay for the improvement, in an amount in excess of the special benefit which that property will receive from the improvement. The ordinance is not conclusive of that benefit, but the question of that benefit and of the amount of the special tax are subject to court review, and shall be tried in the same manner as in proceedings by special assessment.
(Source: Laws 1961, p. 576.)


      (65 ILCS 5/Art. 11 Div. 111.1 heading)
DIVISION 111.1. REMOVAL OF STREAM OBSTRUCTIONS

    (65 ILCS 5/11‑111.1‑1) (from Ch. 24, par. 11‑111.1‑1)
    Sec. 11‑111.1‑1. The corporate authorities may remove or cause the removal in such manner as they may direct, the driftwood and other obstructions from natural and other water courses causing flooding of any part of the corporate area whether such obstructions are located inside or outside the corporate limits, and for that purpose, after written notice to the owner at least 10 days prior thereto, may enter upon the lands or waters of any person, but subject to responsibility for all damages which shall be occasioned thereby.
(Source: Laws 1961, p. 2616.)


      (65 ILCS 5/Art. 11 Div. 112 heading)
DIVISION 112. TAXES FOR LEVEE PURPOSES

    (65 ILCS 5/11‑112‑1) (from Ch. 24, par. 11‑112‑1)
    Sec. 11‑112‑1. When a vote has been taken under "An Act to enable cities, villages and towns threatened with overflow or inundation to levy taxes by vote of the electors thereof, to strengthen, build, raise or repair the levees around same and to issue anticipation warrants on such taxes," approved June 11, 1897, as amended, or when a vote is taken under this section and Section 11‑112‑2 at a general municipal election in a municipality that is protected by levees or embankments, or that may deem it necessary to be so protected, and a majority of the legal votes cast at the election were or are for a tax to build, raise, strengthen, or repair the levees around the municipality, not exceeding the rate of .1666% annually, to be levied annually for a period of not exceeding 7 years on the taxable property of the municipality, the corporate authorities of the municipality may (1) make an appropriation by ordinance of the proceeds of the tax so authorized, (2) pass an ordinance levying the tax for the whole period as authorized by the vote to be annually extended, and (3) draw tax anticipation warrants thereon to the amount that the tax levy will produce based on the assessment of the preceding year of all the taxable property of the municipality. These warrants shall draw interest at not to exceed the rate authorized by the vote authorizing the tax, not exceeding 7% annually, but the warrants shall not be sold below par.
    The foregoing limitation upon tax rate may be increased or decreased according to the referendum provisions of the General Revenue Law of Illinois.
(Source: P. A. 76‑845.)

    (65 ILCS 5/11‑112‑2) (from Ch. 24, par. 11‑112‑2)
    Sec. 11‑112‑2. The county clerk of the county in which the municipality specified in Section 11‑112‑1 is located shall extend each year the taxes specified in Section 11‑112‑1, when the ordinance making the levy of the tax is certified to him. The tax shall be extended at the rate fixed in the ordinance, not exceeding .1666% for a period not exceeding 7 years. The county clerk shall extend the tax in a separate column designated the "Seven Year Levee Tax."
    The collector of state and county taxes, when he receives the money collected from this levee tax, shall pay it to the municipal treasurer, every 2 weeks, informing the treasurer that this money is from the 7 year levee tax; and he shall take the treasurer's receipt for the money as 7 year levee tax paid over.
    The municipal treasurer shall receive the money so paid over by the collector and shall pay the money out as rapidly as possible on warrants issued on the 7 year levee tax only, so long as such warrants remain unpaid.
    This tax shall be levied in addition to taxes for general purposes authorized by Section 8‑3‑1.
    The foregoing limitation upon tax rate may be increased or decreased according to the referendum provisions of the General Revenue Law of Illinois.
(Source: P. A. 76‑845.)

    (65 ILCS 5/11‑112‑3) (from Ch. 24, par. 11‑112‑3)
    Sec. 11‑112‑3. Subject to the provisions of Section 11‑112‑7, every municipality, whether incorporated under general law or special charter, which is subject to overflow or inundation from a river or other sources may construct, widen, raise, strengthen, improve, and maintain levees, protective embankments and structures and has the power for any of these purposes to levy and collect annually a tax of not exceeding .1666% of the value, as equalized or assessed by the Department of Revenue, of all the taxable property within its corporate limits.
    The foregoing limitation upon tax rate may be increased or decreased according to the referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81‑1509.)

    (65 ILCS 5/11‑112‑4) (from Ch. 24, par. 11‑112‑4)
    Sec. 11‑112‑4. This annual tax provided for in Section 11‑112‑3 shall be designated as the levee tax and shall be levied and collected in the same manner as are the general taxes of that municipality. This tax shall be in addition to and exclusive of all other taxes which that municipality is now or hereafter authorized to levy and collect.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑112‑5) (from Ch. 24, par. 11‑112‑5)
    Sec. 11‑112‑5. All taxes collected by virtue of Sections 11‑112‑3 through 11‑112‑8 shall be deposited in the municipal treasury to the credit of what shall be called the levee fund. This fund shall be kept separate and apart from all other funds or money of the municipality and shall be used and paid out only for the purpose specified in those sections. The money in this levee fund, as far as possible, shall be kept at interest by the municipality.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑112‑6) (from Ch. 24, par. 11‑112‑6)
    Sec. 11‑112‑6. Such a municipality specified in Section 11‑112‑3 may purchase or condemn, by the exercise of the right of eminent domain, all real estate needed for the purpose of constructing thereon levees, protective embankments, and structures, and also for the purpose of obtaining earth or other materials, either within or without the corporate limits of the municipality, with which to construct, widen, raise, strengthen, improve, or maintain those levees, protective embankments, and structures.
(Source: Laws 1961, p. 576.)

    (65 ILCS 5/11‑112‑7) (from Ch. 24, par. 11‑112‑7)
    Sec. 11‑112‑7. The levee tax provided for by Section 11‑112‑3 shall not be levied and collected for any year until the question of its levy for that year has been certified by the clerk and submitted to a vote of the electors and has received the affirmative vote of a majority of the electors voting upon the question.
(Source: P.A. 81‑1489.)

    (65 ILCS 5/11‑112‑8) (from Ch. 24, par. 11‑112‑8)
    Sec. 11‑112‑8. Nothing contained in Sections 11‑112‑3 through 11‑112‑7 limits the powers granted to municipalities by Sections 11‑112‑1 and 11‑112‑2, or possessed by a municipality under this Code or any other Act.
(Source: Laws 1961, p. 576.)


      (65 ILCS 5/Art. 11 Div. 113 heading)
DIVISION 113. SURFACE WATER AND SEWAGE
REMOVAL TAX

    (65 ILCS 5/11‑113‑1) (from Ch. 24, par. 11‑113‑1)
    Sec. 11‑113‑1. The corporate authorities of any municipality having a population less than 500,000, subject to the referendum provision of Section 11‑113‑2, may levy, annually, a tax of not to exceed .15% of the value, as equalized or assessed by the Department of Revenue, of all taxable property therein to provide for the expense of pumping to remove surface water and sewage due to flood conditions. Revenue raised by this tax cannot be transferred to any other fund in the municipality and can be used only for pumping necessitated by flood conditions. This tax shall be in addition to all taxes authorized by law to be levied and collected in the municipality and shall be in addition to the amount authorized to be levied for general purposes provided by Section 8‑3‑1.
    The foregoing limitation upon tax rate may be increased or decreased according to the referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81‑1509.)

    (65 ILCS 5/11‑113‑2) (from Ch. 24, par. 11‑113‑2)
    Sec. 11‑113‑2. This Division 113 shall not be in force in any municipality until the question of its adoption is certified by the clerk and submitted to the electors of the municipality and approved by a majority of those voting on the question at an election in accordance with the general election law.
    The question shall be in substantially the following form:
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
    Shall Division 113 of the Illinois
Municipal Code permitting municipalities
to levy an additional annual tax of not        YES
to exceed .15% for the purpose of
providing revenue for pumping surface      ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
water and sewage brought about by flood
conditions be adopted by the City              NO
(Village or Incorporated Town, as the
case may be) of ....?
‑‑‑‑‑‑‑<