093_HB2317sam002











                                     LRB093 08053 MKM 15449 a

 1                    AMENDMENT TO HOUSE BILL 2317

 2        AMENDMENT NO.     .  Amend House Bill 2317,  AS  AMENDED,
 3    with  reference  to page and line numbers of Senate Amendment
 4    No. 1, on page 5, below line 21, by inserting the following:

 5        "Section 10. 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
 
                            -2-      LRB093 08053 MKM 15449 a
 1    specifications  so  adopted  by  reference  is on file in the
 2    office of the clerk  of  the  municipality.  This  resolution
 3    shall be at once transcribed into the records of the board.
 4        The   proposed  local  improvement  may  consist  of  the
 5    acquisition of the necessary interests in real  property  and
 6    the construction of any public improvement or any combination
 7    of  public  improvements,  including,  but  not  limited  to,
 8    streets  street,  storm drain sewers sewer, water mains main,
 9    or sanitary sewer improvements, sidewalks, walkways,  bicycle
10    paths,    landscaping,    lighting    improvements,   signage
11    improvements, vehicular parking improvements, any  additional
12    improvements  necessary  to  provide  access  to  the  public
13    improvements,  and  all  necessary  and appurtenances, or any
14    combination thereof, in a local contiguous area pursuant to a
15    single special assessment project, provided that in assessing
16    each  lot,  block,  tract,  and  parcel  of   property,   the
17    commissioner  so  assessing  shall  take  into  consideration
18    whether each lot, block, tract, or parcel is benefited by all
19    or  only  some  of  the improvements combined into the single
20    special assessment project.  For  purposes  hereof,  a  local
21    contiguous  area  shall be defined as an area in which all of
22    the lots, blocks,  tracts,  or  parcels  located  within  the
23    boundaries  thereof  will  be benefited by one or more of the
24    proposed  improvements.    The  fact  that  more   than   one
25    improvement  is being constructed as part of a single special
26    assessment project shall not be grounds for an  objection  by
27    an assessee to the special assessment proceeding in court.
28        Whenever  the  proposed improvement requires that private
29    or public property be taken or damaged, the resolution  shall
30    describe  the  property  proposed  to be taken or damaged for
31    that purpose. The board, by the same resolution, shall fix  a
32    day  and hour for a public hearing thereon. The hearing shall
33    not  be  less  than  10  days  after  the  adoption  of   the
34    resolution. The board shall also have an estimate of the cost
 
                            -3-      LRB093 08053 MKM 15449 a
 1    of  the  improvement  (omitting  land to be acquired) made in
 2    writing by the  engineer  of  the  board,  (if  there  is  an
 3    engineer,  if not, then by the president) over his signature.
 4    This estimate shall be itemized to the  satisfaction  of  the
 5    board  and  shall  be  made  a  part  of  the  record  of the
 6    resolution. However, such an  estimate  is  not  required  in
 7    municipalities  having  a  population of 100,000 or more when
 8    the proposed improvement consists only of taking or  damaging
 9    private  or public property. And in cities and villages which
10    have adopted prior to the effective  date  of  this  Code  or
11    which  after  the  effective  date  of  this  Code  adopt the
12    commission form of municipal government, the estimate of  the
13    cost  of  the  improvement,  (omitting  land to be acquired),
14    shall be made in writing by the public engineer if  there  is
15    one,  of  the  city  or village, if not, then by the mayor or
16    president of the city or village.
17        Notice of the time and place of the public hearing  shall
18    be  sent  by mail directed to the person who paid the general
19    taxes for the last preceding year on each lot, block,  tract,
20    or  parcel  of  land fronting on the proposed improvement not
21    less than 5 days  prior  to  the  time  set  for  the  public
22    hearing. These notices shall contain (1) the substance of the
23    resolution  adopted  by  the  board,  (2) when an estimate is
24    required by this Division 2 the estimate of the cost  of  the
25    proposed improvement, and (3) a notification that the extent,
26    nature, kind, character, and (when an estimate is required by
27    this  article) the estimated cost of the proposed improvement
28    may be changed by the board at the public hearing thereon. If
29    upon the hearing the board  deems  the  proposed  improvement
30    desirable, it shall adopt a resolution and prepare and submit
31    an  ordinance  therefor.  But  in  proceedings  only  for the
32    laying, building, constructing, or renewing of any  sidewalk,
33    water  service  pipe,  or  house drain, no resolution, public
34    hearing, or preliminary proceedings leading up  to  the  same
 
                            -4-      LRB093 08053 MKM 15449 a
 1    are  necessary.  In  such proceedings the board may submit to
 2    the corporate authorities an  ordinance,  together  with  its
 3    recommendation   and  (when  an  estimate  is  required)  the
 4    estimated cost of the improvement, as made by  the  engineer.
 5    Such  proceedings  shall  have  the  same  effect as though a
 6    public hearing had been held thereon.
 7        In  the  event  that  a  local  improvement  is   to   be
 8    constructed  with the assistance of any agency of the Federal
 9    government, or other governmental agency, the  resolution  of
10    the board of local improvements shall set forth that fact and
11    the estimate of cost shall set forth and indicate, in dollars
12    and  cents,  the  estimated  amount  of  assistance  to be so
13    provided.
14    (Source: 90-480, eff. 8-17-97.)"; and

15    on page 5, line 23, by replacing "law" with "law, except that
16    Section 10 takes effect on January 1, 2004".