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| [ Senate Amendment 001 ] |
90_SB0103eng
65 ILCS 5/9-2-9 from Ch. 24, par. 9-2-9
Amends the Illinois Municipal Code to provide that
multiple local improvements may be combined under one special
assessment project provided that the assessing commissioner
considers whether each piece of property is benefitted by all
or only some of the improvements. Provides that combining
improvements under one special assessment project shall not
be a ground for objection to the special assessment
proceeding.
LRB9000658PTcw
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1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 9-2-9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 9-2-9 as follows:
7 (65 ILCS 5/9-2-9) (from Ch. 24, par. 9-2-9)
8 Sec. 9-2-9. Preliminary procedure for local improvements
9 by special assessment. All ordinances for local improvements
10 to be paid for wholly or in part by special assessment or
11 special taxation shall originate with the board of local
12 improvements. Petitions for any local improvement shall be
13 addressed to that board. The board may originate a scheme for
14 any local improvement to be paid for by special assessment or
15 special tax, either with or without a petition, and in either
16 case shall adopt a resolution describing the proposed
17 improvement. This resolution may provide that specifications
18 for the proposed improvement be made part of the resolution
19 by reference to specifications previously adopted by
20 resolution by the municipality, or to specifications adopted
21 or published by the State of Illinois or a political
22 subdivision thereof, provided that a copy of the
23 specifications so adopted by reference is on file in the
24 office of the clerk of the municipality. This resolution
25 shall be at once transcribed into the records of the board.
26 The proposed local improvement may consist of the
27 construction of street, storm drain sewer, water main, or
28 sanitary sewer improvements and appurtenances, or any
29 combination thereof, in a local contiguous area pursuant to a
30 single special assessment project, provided that in assessing
31 each lot, block, tract, and parcel of property, the
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1 commissioner so assessing shall take into consideration
2 whether each lot, block, tract, or parcel is benefited by all
3 or only some of the improvements combined into the single
4 special assessment project. For purposes hereof, a local
5 contiguous area shall be defined as an area in which all of
6 the lots, blocks, tracts, or parcels located within the
7 boundaries thereof will be benefited by one or more of the
8 proposed improvements. The fact that more than one
9 improvement is being constructed as part of a single special
10 assessment project shall not be grounds for an objection by
11 an assessee to the special assessment proceeding in court.
12 Whenever the proposed improvement requires that private
13 or public property be taken or damaged, the resolution shall
14 describe the property proposed to be taken or damaged for
15 that purpose. The board, by the same resolution, shall fix a
16 day and hour for a public hearing thereon. The hearing shall
17 not be less than 10 days after the adoption of the
18 resolution. The board shall also have an estimate of the cost
19 of the improvement (omitting land to be acquired) made in
20 writing by the engineer of the board, (if there is an
21 engineer, if not, then by the president) over his signature.
22 This estimate shall be itemized to the satisfaction of the
23 board and shall be made a part of the record of the
24 resolution. However, such an estimate is not required in
25 municipalities having a population of 100,000 or more when
26 the proposed improvement consists only of taking or damaging
27 private or public property. And in cities and villages which
28 have adopted prior to the effective date of this Code or
29 which after the effective date of this Code adopt the
30 commission form of municipal government, the estimate of the
31 cost of the improvement, (omitting land to be acquired),
32 shall be made in writing by the public engineer if there is
33 one, of the city or village, if not, then by the mayor or
34 president of the city or village.
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1 Notice of the time and place of the public hearing shall
2 be sent by mail directed to the person who paid the general
3 taxes for the last preceding year on each lot, block, tract,
4 or parcel of land fronting on the proposed improvement not
5 less than 5 days prior to the time set for the public
6 hearing. These notices shall contain (1) the substance of the
7 resolution adopted by the board, (2) when an estimate is
8 required by this Division 2 the estimate of the cost of the
9 proposed improvement, and (3) a notification that the extent,
10 nature, kind, character, and (when an estimate is required by
11 this article) the estimated cost of the proposed improvement
12 may be changed by the board at the public hearing thereon. If
13 upon the hearing the board deems the proposed improvement
14 desirable, it shall adopt a resolution and prepare and submit
15 an ordinance therefor. But in proceedings only for the
16 laying, building, constructing, or renewing of any sidewalk,
17 water service pipe, or house drain, no resolution, public
18 hearing, or preliminary proceedings leading up to the same
19 are necessary. In such proceedings the board may submit to
20 the corporate authorities an ordinance, together with its
21 recommendation and (when an estimate is required) the
22 estimated cost of the improvement, as made by the engineer.
23 Such proceedings shall have the same effect as though a
24 public hearing had been held thereon.
25 In the event that a local improvement is to be
26 constructed with the assistance of any agency of the Federal
27 government, or other governmental agency, the resolution of
28 the board of local improvements shall set forth that fact and
29 the estimate of cost shall set forth and indicate, in dollars
30 and cents, the estimated amount of assistance to be so
31 provided.
32 (Source: Laws 1963, p. 2425.)