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90_SB0213sam001
SRS90SB0213PMsaam01
1 AMENDMENT TO SENATE BILL 213
2 AMENDMENT NO. . Amend Senate Bill 213, by replacing
3 everything after the enacting clause with the following:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-91-1 as follows:
6 11-91-1. Whenever the corporate authorities of any
7 municipality, whether incorporated by special act or under
8 any general law, determine that the public interest will be
9 subserved by vacating any street or alley, or part thereof,
10 within their jurisdiction in any incorporated area, they may
11 vacate that street or alley, or part thereof, by an
12 ordinance. But this ordinance shall be passed by the
13 affirmative vote of at least three-fourths of the aldermen,
14 trustees or commissioners then holding office. This vote
15 shall be taken by ayes and noes and entered on the records of
16 the corporate authorities.
17 No ordinance shall be passed vacating any street or alley
18 under a municipality's jurisdiction and within an
19 unincorporated area without notice thereof and a hearing
20 thereon. At least 15 days prior to such a hearing, notice of
21 its time, place and subject matter shall be published in a
22 newspaper of general circulation within the unincorporated
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1 area which the street or alley proposed for vacation serves.
2 At the hearing all interested persons shall be heard
3 concerning the proposal for vacation.
4 The ordinance may provide that it shall not become
5 effective until the owners of all property or the owner or
6 owners of a particular parcel or parcels of property abutting
7 upon the street or alley, or part thereof so vacated, shall
8 pay compensation in an amount which, in the judgment of the
9 corporate authorities, shall be the fair market value of the
10 property acquired or of the equal to the benefits which will
11 accrue to them by reason of that vacation, and if there are
12 any public service facilities in such street or alley, or
13 part thereof, the ordinance may also reserve to the
14 municipality or to the public utility, as the case may be,
15 owning such facilities, such property, rights of way and
16 easements as, in the judgment of the corporate authorities,
17 are necessary or desirable for continuing public service by
18 means of those facilities and for the maintenance, renewal
19 and reconstruction thereof. If the ordinance provides that
20 only the owner or owners of one particular parcel of abutting
21 property shall make payment, then the owner or owners of the
22 particular parcel shall acquire title to the entire vacated
23 street or alley, or the part thereof vacated.
24 The determination of the corporate authorities that the
25 nature and extent of the public use or public interest to be
26 subserved in such as to warrant the vacation of any street or
27 alley, or part thereof, is conclusive, and the passage of
28 such an ordinance is sufficient evidence of that
29 determination, whether so recited in the ordinance or not.
30 The relief to the public from further burden and
31 responsibility of maintaining any street or alley, or part
32 thereof, constitutes a public use or public interest
33 authorizing the vacation.
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1 When property is damaged by the vacation or closing of
2 any street or alley, the damage shall be ascertained and paid
3 as provided by law.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.