093_HB2317ham001

 










                                     LRB093 08053 MKM 12749 a

 1                    AMENDMENT TO HOUSE BILL 2317

 2        AMENDMENT NO.     .  Amend House Bill 2317 on page 5,  by
 3    replacing lines 31 and 32 with the following:

 4        "Section  10.  The  Illinois Municipal Code is amended by
 5    changing Section 9-2-9 as follows:

 6        (65 ILCS 5/9-2-9) (from Ch. 24, par. 9-2-9)
 7        Sec. 9-2-9.  Preliminary procedure for local improvements
 8    by special assessment. All ordinances for local  improvements
 9    to  be  paid  for  wholly or in part by special assessment or
10    special taxation shall originate  with  the  board  of  local
11    improvements.  Petitions  for  any local improvement shall be
12    addressed to that board. The board may originate a scheme for
13    any local improvement to be paid for by special assessment or
14    special tax, either with or without a petition, and in either
15    case  shall  adopt  a  resolution  describing  the   proposed
16    improvement.  This resolution may provide that specifications
17    for the proposed improvement be made part of  the  resolution
18    by   reference   to   specifications  previously  adopted  by
19    resolution by the municipality, or to specifications  adopted
20    or  published  by  the  State  of  Illinois  or  a  political
21    subdivision   thereof,   provided   that   a   copy   of  the
22    specifications so adopted by reference  is  on  file  in  the
 
                            -2-      LRB093 08053 MKM 12749 a
 1    office  of  the  clerk  of  the municipality. This resolution
 2    shall be at once transcribed into the records of the board.
 3        The  proposed  local  improvement  may  consist  of   the
 4    acquisition  of  the necessary interests in real property and
 5    the construction of any public improvement or any combination
 6    of  public  improvements,  including,  but  not  limited  to,
 7    streets street, storm drain sewers sewer, water  mains  main,
 8    or  sanitary sewer improvements, sidewalks, walkways, bicycle
 9    paths,   landscaping,    lighting    improvements,    signage
10    improvements,  vehicular parking improvements, any additional
11    improvements  necessary  to  provide  access  to  the  public
12    improvements, and all necessary  and  appurtenances,  or  any
13    combination thereof, in a local contiguous area pursuant to a
14    single special assessment project, provided that in assessing
15    each   lot,   block,  tract,  and  parcel  of  property,  the
16    commissioner  so  assessing  shall  take  into  consideration
17    whether each lot, block, tract, or parcel is benefited by all
18    or only some of the improvements  combined  into  the  single
19    special  assessment  project.    For purposes hereof, a local
20    contiguous area shall be defined as an area in which  all  of
21    the  lots,  blocks,  tracts,  or  parcels  located within the
22    boundaries thereof will be benefited by one or  more  of  the
23    proposed   improvements.     The  fact  that  more  than  one
24    improvement is being constructed as part of a single  special
25    assessment  project  shall not be grounds for an objection by
26    an assessee to the special assessment proceeding in court.
27        Whenever the proposed improvement requires  that  private
28    or  public property be taken or damaged, the resolution shall
29    describe the property proposed to be  taken  or  damaged  for
30    that  purpose. The board, by the same resolution, shall fix a
31    day and hour for a public hearing thereon. The hearing  shall
32    not   be  less  than  10  days  after  the  adoption  of  the
33    resolution. The board shall also have an estimate of the cost
34    of the improvement (omitting land to  be  acquired)  made  in
 
                            -3-      LRB093 08053 MKM 12749 a
 1    writing  by  the  engineer  of  the  board,  (if  there is an
 2    engineer, if not, then by the president) over his  signature.
 3    This  estimate  shall  be itemized to the satisfaction of the
 4    board and  shall  be  made  a  part  of  the  record  of  the
 5    resolution.  However,  such  an  estimate  is not required in
 6    municipalities having a population of 100,000  or  more  when
 7    the  proposed improvement consists only of taking or damaging
 8    private or public property. And in cities and villages  which
 9    have  adopted  prior  to  the  effective date of this Code or
10    which after  the  effective  date  of  this  Code  adopt  the
11    commission  form of municipal government, the estimate of the
12    cost of the improvement,  (omitting  land  to  be  acquired),
13    shall  be  made in writing by the public engineer if there is
14    one, of the city or village, if not, then  by  the  mayor  or
15    president of the city or village.
16        Notice  of the time and place of the public hearing shall
17    be sent by mail directed to the person who paid  the  general
18    taxes  for the last preceding year on each lot, block, tract,
19    or parcel of land fronting on the  proposed  improvement  not
20    less  than  5  days  prior  to  the  time  set for the public
21    hearing. These notices shall contain (1) the substance of the
22    resolution adopted by the board,  (2)  when  an  estimate  is
23    required  by  this Division 2 the estimate of the cost of the
24    proposed improvement, and (3) a notification that the extent,
25    nature, kind, character, and (when an estimate is required by
26    this article) the estimated cost of the proposed  improvement
27    may be changed by the board at the public hearing thereon. If
28    upon  the  hearing  the  board deems the proposed improvement
29    desirable, it shall adopt a resolution and prepare and submit
30    an ordinance  therefor.  But  in  proceedings  only  for  the
31    laying,  building, constructing, or renewing of any sidewalk,
32    water service pipe, or house  drain,  no  resolution,  public
33    hearing,  or  preliminary  proceedings leading up to the same
34    are necessary. In such proceedings the board  may  submit  to
 
                            -4-      LRB093 08053 MKM 12749 a
 1    the  corporate  authorities  an  ordinance, together with its
 2    recommendation  and  (when  an  estimate  is  required)   the
 3    estimated  cost  of the improvement, as made by the engineer.
 4    Such proceedings shall have  the  same  effect  as  though  a
 5    public hearing had been held thereon.
 6        In   the   event  that  a  local  improvement  is  to  be
 7    constructed with the assistance of any agency of the  Federal
 8    government,  or  other governmental agency, the resolution of
 9    the board of local improvements shall set forth that fact and
10    the estimate of cost shall set forth and indicate, in dollars
11    and cents, the  estimated  amount  of  assistance  to  be  so
12    provided.
13    (Source: 90-480, eff. 8-17-97.)

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law, except that Section 10 takes effect on  January
16    1, 2004.".