Illinois Compiled Statutes 65 ILCS 5 Illinois Municipal Code. Section 11-115.1-1

    (65 ILCS 5/11-115.1-1) (from Ch. 24, par. 11-115.1-1)

    Sec. 11-115.1-1. Any city, village or incorporated town, may enter into contracts or agreements with, and give assurances to, the United States that it will with reference to any flood control project constructed or to be constructed by the United States and so located as to furnish protection to the city, village or incorporated town from floods,

    (1) Provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the project and for the subsequent maintenance and operation of the project.

    (2) Contribute such part of the first cost of construction of such project as shall be agreed upon with the United States, either in cash or in credits, for purchase of material or performance of work forming part of the project, such first cost to be the sum allowed and approved by the Secretary of Defense.

    (3) Hold and save the United States free and harmless from claims for damages to any property resulting from construction of the works of the project, except damages for breach of contract between the United States and third parties and to which the city, village or incorporated town is not a party and damages arising from the negligence of the United States, its servants, agents or employees, where the laws of the United States give a right of action against the United States.

    (4) Maintain and operate all the works after completion of the project, in accordance with regulations prescribed by the Secretary of Defense.

    (5) Establish and enforce flood channel limits approved by the Secretary of Defense for the protection of any flood channel, against further encroachments.

    (6) Prevent dumping of waste material or the creation of fills within any flood channel limits.

    (7) Regulate under approval of the Secretary of Defense the construction or reconstruction of bridges or other structures crossing any waterway.

    (8) Restrict further residential development in the area protected unless the city, village or incorporated town or local interests elect to make sufficient additional contribution to permit construction of the project for a higher degree of protection substantially as recommended by the Chief of Engineers of the United States Army and approved by the Secretary of Defense.

(Source: Laws 1963, p. 852.)

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Last modified: February 18, 2015