(65 ILCS 5/9-3-12) (from Ch. 24, par. 9-3-12)
Sec. 9-3-12.
After such ordinance becomes effective the corporate
authorities shall direct some office of such municipality to file a
petition in the circuit court in the county in which such municipality is
situated, or if such municipality is situated in more than one county, and
the proposed improvement lies in more than one county, then in the circuit
court in the county in which the major part of the territory to be affected
thereby is situated. The petition shall be filed in the name of such
municipality, praying that steps be taken to levy a special assessment for
such improvement, in accordance with the provisions of this Division 3. The
circuit court shall have jurisdiction of any proceedings under this
Division 3. Accompanying the petition shall be the following:
(1) A certified copy of the ordinance providing for the construction of
the improvement;
(2) A certificate executed by the assessor to show the assessed value of
each lot, tract, or parcel of real estate listed in the assessment roll
provided for in this Division 3;
(3) An assessment roll prepared by an officer of the municipality
designated by the corporate authorities of the municipality.
Such officer shall prepare an assessment roll, and determine in the
first instance what proportion of the estimated cost of such improvement
will be of benefit to the public and what proportion thereof will be of
benefit to the property, and to apportion the same between the municipality
and property benefited, so that each shall bear its relative equitable
proportion. After having determined such amounts, such officer shall
apportion and assess the amount so found to be of benefit to the property
upon the several lots, tracts and parcels of land in the proportion in
which they will be severally benefited by such improvement. No lot, tract
or parcel of land shall be assessed in a greater amount than it will
actually be benefited. Each lot, tract or parcel of land shall be assessed
separately, in the same manner, as an assessment for general taxation.
However, this requirement shall not apply to property of railroad
companies, or the right of way and franchise of street railway companies,
but the same may be described in any manner sufficient to reasonably
identify the property intended to be assessed. The assessment roll shall
contain a list of all lots, tracts and parcels of land assessed for the
proposed improvement, the amount assessed against each, the name of the
person who paid the taxes on each such parcel during the last preceding
calendar year during which taxes were paid, as ascertained upon
investigation made under the direction of the official making the
assessment roll, and the residence of the person so paying the taxes on
each such parcel, if the same can, on diligent inquiry, be found.
In case of an assessment divided into yearly installments, the amount of
each installment shall also be stated, and the officer making such roll
shall certify under oath that he believes that the amounts assessed against
the public and each parcel of property are just and equitable, and do not
exceed the benefit which will, in each case, be derived from such
improvement, and that no lot, tract or parcel of land has been assessed
more than its proportionate share of the cost of such improvement. Such
assessment roll shall be prima facie evidence of the benefit to each such
lot, tract or parcel of land and to the public as therein set out.
(Source: Laws 1967, p. 3762.)
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