093_HB2511

                                     LRB093 04036 MKM 04075 b

 1        AN ACT in relation to municipalities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. 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
23    office of the clerk  of  the  municipality.  This  resolution
24    shall be at once transcribed into the records of the board.
25        The   proposed  local  improvement  may  consist  of  the
26    acquisition of the necessary interests in real  property  and
27    the construction of any public improvement or any combination
28    of  public  improvements,  including,  but  not  limited  to,
29    streets  street,  storm drain sewers sewer, water mains main,
30    or sanitary sewer improvements, sidewalks, walkways,  bicycle
31    paths,    landscaping,    lighting    improvements,   signage
 
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 1    improvements, vehicular parking improvements, any  additional
 2    improvements  necessary  to  provide  access  to  the  public
 3    improvements,  and  all  necessary  and appurtenances, or any
 4    combination thereof, in a local contiguous area pursuant to a
 5    single special assessment project, provided that in assessing
 6    each  lot,  block,  tract,  and  parcel  of   property,   the
 7    commissioner  so  assessing  shall  take  into  consideration
 8    whether each lot, block, tract, or parcel is benefited by all
 9    or  only  some  of  the improvements combined into the single
10    special assessment project.  For  purposes  hereof,  a  local
11    contiguous  area  shall be defined as an area in which all of
12    the lots, blocks,  tracts,  or  parcels  located  within  the
13    boundaries  thereof  will  be benefited by one or more of the
14    proposed  improvements.    The  fact  that  more   than   one
15    improvement  is being constructed as part of a single special
16    assessment project shall not be grounds for an  objection  by
17    an assessee to the special assessment proceeding in court.
18        Whenever  the  proposed improvement requires that private
19    or public property be taken or damaged, the resolution  shall
20    describe  the  property  proposed  to be taken or damaged for
21    that purpose. The board, by the same resolution, shall fix  a
22    day  and hour for a public hearing thereon. The hearing shall
23    not  be  less  than  10  days  after  the  adoption  of   the
24    resolution. The board shall also have an estimate of the cost
25    of  the  improvement  (omitting  land to be acquired) made in
26    writing by the  engineer  of  the  board,  (if  there  is  an
27    engineer,  if not, then by the president) over his signature.
28    This estimate shall be itemized to the  satisfaction  of  the
29    board  and  shall  be  made  a  part  of  the  record  of the
30    resolution. However, such an  estimate  is  not  required  in
31    municipalities  having  a  population of 100,000 or more when
32    the proposed improvement consists only of taking or  damaging
33    private  or public property. And in cities and villages which
34    have adopted prior to the effective  date  of  this  Code  or
 
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 1    which  after  the  effective  date  of  this  Code  adopt the
 2    commission form of municipal government, the estimate of  the
 3    cost  of  the  improvement,  (omitting  land to be acquired),
 4    shall be made in writing by the public engineer if  there  is
 5    one,  of  the  city  or village, if not, then by the mayor or
 6    president of the city or village.
 7        Notice of the time and place of the public hearing  shall
 8    be  sent  by mail directed to the person who paid the general
 9    taxes for the last preceding year on each lot, block,  tract,
10    or  parcel  of  land fronting on the proposed improvement not
11    less than 5 days  prior  to  the  time  set  for  the  public
12    hearing. These notices shall contain (1) the substance of the
13    resolution  adopted  by  the  board,  (2) when an estimate is
14    required by this Division 2 the estimate of the cost  of  the
15    proposed improvement, and (3) a notification that the extent,
16    nature, kind, character, and (when an estimate is required by
17    this  article) the estimated cost of the proposed improvement
18    may be changed by the board at the public hearing thereon. If
19    upon the hearing the board  deems  the  proposed  improvement
20    desirable, it shall adopt a resolution and prepare and submit
21    an  ordinance  therefor.  But  in  proceedings  only  for the
22    laying, building, constructing, or renewing of any  sidewalk,
23    water  service  pipe,  or  house drain, no resolution, public
24    hearing, or preliminary proceedings leading up  to  the  same
25    are  necessary.  In  such proceedings the board may submit to
26    the corporate authorities an  ordinance,  together  with  its
27    recommendation   and  (when  an  estimate  is  required)  the
28    estimated cost of the improvement, as made by  the  engineer.
29    Such  proceedings  shall  have  the  same  effect as though a
30    public hearing had been held thereon.
31        In  the  event  that  a  local  improvement  is   to   be
32    constructed  with the assistance of any agency of the Federal
33    government, or other governmental agency, the  resolution  of
34    the board of local improvements shall set forth that fact and
 
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 1    the estimate of cost shall set forth and indicate, in dollars
 2    and  cents,  the  estimated  amount  of  assistance  to be so
 3    provided.
 4    (Source: 90-480, eff. 8-17-97.)

 5        Section 99. Effective date.  This  Act  takes  effect  on
 6    January 1, 2004.