(70 ILCS 2805/43) (from Ch. 42, par. 447.7)
Sec. 43.
Estimate of cost and first resolution.
All ordinances for local improvements to be paid for wholly
or in part by special assessment or special taxation shall
originate with the committee of local improvements to whom petitions for
any local improvement may be addressed, but the committee may
originate a scheme for any such local improvement with or
without a petition, and in either case the validity of any
subsequent resolution, ordinance or proceeding shall not
depend upon the validity or authenticity of any such
petition. The committee may request the board's engineer to
prepare preliminary plans and specifications for the
proposed improvement together with an estimate of the cost
of the improvement (omitting land to be acquired), itemized
to the satisfaction of the committee and certified by the
engineer's signature to be an estimate which does not exceed
the probable cost of the proposed improvement, including the
lawful expenses attending the improvement. Upon presentation
of such preliminary plans and specifications and the
estimate of cost, the committee may adopt a resolution
describing the proposed improvement and scheduling a public
hearing before the committee to consider whether such scheme
shall be recommended to the board. The resolution may
provide that the plans and specifications for the proposed
improvement be made part of the resolution by reference to
plans and specifications on file in the office of the
district's engineer or to plans and specifications adopted
or published by the State of Illinois or any political
subdivision or agency thereof. Whenever the proposed
improvement requires that private or public property be
taken or damaged, the resolution shall describe the property
proposed to be taken or damaged for that purpose. The
committee shall also fix in the resolution a place, day and
time for a public hearing thereon. The hearing shall not be
less than 10 days after the adoption of the resolution.
Notice of the time and place of the public hearing
shall be sent by mail directed to the person or entity shown
by the County Collector's current warrant book to be the
party in whose name the general real estate taxes were last
assessed on each lot, block, tract or parcel of land
fronting on the proposed improvement. Such notices shall be
mailed not less than 5 days prior to the time set for the
public hearing and shall be mailed to each such party at the
address shown for such party in the County Collector's
current warrant book. The notices shall contain the
substance of the resolution adopted by the committee,
the date when an estimate is required by this Act, the estimate of
the cost of the proposed improvement, and a notification
that the extent, nature, kind, character and (when an
estimate is required by the Act) the estimated cost of the
proposed improvement may be changed by the committee at the
public hearing thereon. If upon the hearing the committee
deems the proposed improvement desirable, it shall adopt a
resolution and prepare and submit an ordinance therefor to
the board.
In the event that a local improvement is to be
constructed with the assistance of any agency of the federal
government or other governmental agency, the committee's
resolutions shall set forth that fact, and the estimate of
cost shall set forth and indicate the estimated amount of
assistance to be so provided.
(Source: P.A. 85-1137.)
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