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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/9-2-141
(65 ILCS 5/9-2-141) (from Ch. 24, par. 9-2-141)
Sec. 9-2-141.
After the expiration of the 30 day period allowed for filing
a notice of appeal under this Division 2, an appeal from any such judgment
may be filed in the manner provided in other civil cases on petition or
application of owners or parties interested in the property affected
thereby, as shown by the record, at any time after the disposition of the
last remaining objections to the confirmation, if any, prior to the first
day of June following the entry of the judgment.
However, if the warrant for collection as to any parcel is not certified
for collection so that an application for judgment of sale may be made in
the year following the entry of the judgment, leave to appeal as to that
parcel, on application, may be granted by the reviewing court within the
period of one year after the entry of the judgment.
In every case there shall be filed with the clerk of the reviewing
court, with the application for leave to appeal, an affidavit by the
appellant or his agent setting forth the time when the warrant for
collection, as to the property, was so certified, and further setting forth
that the person to whom the notice of the filing of assessment roll as to
the property, as shown by the record, did not receive the notice, or
otherwise learn of the pendency of the proceedings for the confirmation of
the assessment until less than 10 days before the entry of default against
his property in the court below. In all such cases the notice of appeal
shall contain a statement that it is filed pursuant to leave granted by the
reviewing court under authority of this Division 2 and the notice of appeal
shall be filed and served on or before the dates hereinabove fixed.
(Source: Laws 1967, p. 3762.)
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65 ILCS 5/9-2-142
(65 ILCS 5/9-2-142) (from Ch. 24, par. 9-2-142)
Sec. 9-2-142.
Any municipality, not already controlled by this Division 2,
if it so determines by ordinance, may adopt the provisions of this Division
2, and where it has so adopted this Division 2, it has the right to take
all the proceedings provided for and to have the benefit of all the
provisions of this Division 2.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-2-143
(65 ILCS 5/9-2-143) (from Ch. 24, par. 9-2-143)
Sec. 9-2-143.
Whenever, immediately prior to January 1, 1942, authority of
law existed in corporate authorities to levy special assessments or special
taxes for local improvements, and for that purpose to use the proceedings
provided by Article 9 of an act entitled "An Act to provide for the
incorporation of cities and villages," approved April 10, 1872, as amended,
or by "An Act concerning local improvements," approved June 14, 1897, as
amended, such corporate authorities are authorized to make use of the
provisions of this Division 2 for the purpose, with the same effect, and to
the same extent as heretofore authorized to use the provisions of either
mentioned act. Any such corporate authorities as may be on and after
January 1, 1942, authorized by law to levy such special assessments or
special taxes, whether otherwise expressly authorized thereto or not, may
make use of the provisions of this Division 2 in like manner.
If, in any such case, a board of local improvements, as required in this
Division 2, does not exist, the corporate authorities shall take such steps
for a public hearing, on the subject of the proposed improvement, to be
paid for by special assessment or special taxation, as are required in this
Division 2 of the board of local improvements, and they shall act as such a
board in the manner provided in this Division 2, as nearly as may be, both
in originating the improvement and in executing the work and making payment
therefor.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-2-144
(65 ILCS 5/9-2-144) (from Ch. 24, par. 9-2-144)
Sec. 9-2-144.
The laws subsisting immediately prior to January 1, 1942, the
time of the taking effect of this Division 2, shall continue to apply to
all proceedings for the condemnation of land, or the confirmation of
special assessment or special taxes for local improvements, which were
pending in any court in this state at the time of the taking effect of this
Division 2, and to all proceedings for the collection of any deficiency
under past levies already made under any law existing at the time of the
taking effect of this Division 2, and also to all proceedings for new
assessments made in lieu of others annulled before this Division 2 took
effect, by order of some court.
Whenever any installment of an assessment confirmed under prior acts
matures, proceedings to return the installment delinquent, and to collect
the installment shall conform to the provisions of this Division 2.
Whenever any bond issued under "An Act concerning local improvements,"
approved June 14, 1897, as amended, matures, proceedings to refund or
enforce its payment shall conform to the provisions of this Division 2, so
far as they are applicable.
Nothing in this Division 2 shall be construed to repeal any of the laws
relating to civil service, and nothing in this Division 2 shall be
construed to repeal or modify any of the rules of the civil service
commission of the city of Chicago adopted pursuant to the civil service
laws, and nothing in this Division 2 shall be construed to repeal Division
84 of Article 11.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 9 Div. 3
(65 ILCS 5/Art. 9 Div. 3 heading)
DIVISION 3.
PROCEDURES FOR SPECIFIED
LOCAL IMPROVEMENTS
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65 ILCS 5/9-3-1
(65 ILCS 5/9-3-1) (from Ch. 24, par. 9-3-1)
Sec. 9-3-1.
Any municipality may make a local improvement whenever the
public necessity requires such improvement, subject only to the limitations
prescribed in this Division 3. This Division 3 shall not be construed as
repealing any other laws with respect to local improvements, but shall be
considered as an additional grant of power for the purposes herein set out.
Any number of streets, avenues, lanes or alleys, or any other public
places, or parts thereof, to be improved may be included in one proceeding
(even though they may be intersected by previously improved streets,
avenues, roads or alleys which are not included in the proceeding) where
they are contiguous or part of a connected system with reciprocal benefits.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-2
(65 ILCS 5/9-3-2) (from Ch. 24, par. 9-3-2)
Sec. 9-3-2.
In this Division 3, the following terms have the meaning
ascribed to them unless the context indicates otherwise:
"Municipality" means any city, village, or incorporated town.
"Attorney" means the attorney employed by the municipality to furnish
the necessary legal services in connection with any local improvement to be
constructed under this Division 3.
"Engineer" means the engineer employed by the municipality to prepare
the necessary plans, estimates, and specifications, and supervise
construction of any local improvement to be constructed under this Division
3.
"Assessed valuation" means the value of the property as shown on the tax
collectors' record for the last year in which taxes were levied.
"Assessor" or "assessing officer" means the county or township official
who performs the duties of assessor.
"Committee on local improvements" means the committee created pursuant
to Section 9-3-3 consisting of the presiding officer of the corporate
authorities of the municipality and an attorney and an engineer.
"Local improvements" means and includes the improving, widening or
extending of any street, avenue, lane, alley or other public place by
grading, paving, repaving, resurfacing, and constructing curbs, gutters,
storm sewers, sanitary sewers, water mains, walks, gas mains, street lights
and all necessary appurtenances thereto and otherwise improving the same,
or repairing of curbs, gutters, storm sewers, sanitary sewers, water mains,
walks, gas mains, street lights and all necessary appurtenances thereto and
otherwise improving the same.
"Prime Commercial Rate" means such prime rate as from time to time is
publicly announced by the largest commercial banking institution located
in this State, measured in terms of total assets.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-3
(65 ILCS 5/9-3-3) (from Ch. 24, par. 9-3-3)
Sec. 9-3-3.
Whenever the corporate authorities of any municipality
deem it necessary to undertake any local improvement, within the
corporate limits, a resolution shall be adopted describing the public
property to be so improved. Such resolution shall also establish a
committee on local improvements consisting of the presiding officer of
the corporate authorities, an attorney and an engineer. Such resolution
shall direct the committee on local improvements to proceed in the
preparation of plans, specifications, estimate of cost, and an ordinance
for the improvement. Proceedings to make a local improvement also may be
instituted whenever the owners of more than one-half of the property
abutting on any street, avenue, lane, alley or other public place, or
portion thereof, petition the corporate authorities of any municipality
to make any local improvement within the corporate limits. If such
petition is presented the corporate authorities shall adopt a resolution
describing the public property to be so improved and directing the
committee on local improvements, consisting of the same membership as
described above in this section, to proceed in the preparation of plans,
specifications, estimate of cost and an ordinance for the improvement.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-4
(65 ILCS 5/9-3-4) (from Ch. 24, par. 9-3-4)
Sec. 9-3-4.
The corporate authorities of any municipality may contract for
the services of an attorney and an engineer, who shall be members of the
committee on local improvements, to prepare the necessary plans, plats,
profiles, estimates, specifications, and all other details for any of such
improvement. The engineer may be any person registered to practice
engineering in the State of Illinois. Such municipality shall provide for
the payment for services of the attorney and engineer either from the
assessments to be levied against the property benefited to pay the cost of
such improvement, or from its general funds, or from the motor fuel tax
fund, or from State or Federal funds allocated to the municipality, or from
any other available public or private fund, or from any combination of the
foregoing sources of funds.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-5
(65 ILCS 5/9-3-5) (from Ch. 24, par. 9-3-5)
Sec. 9-3-5.
Upon the adoption of a resolution determining to make the
improvement by the corporate authorities, the committee on local
improvements shall proceed with the preparation of plans, specifications
and estimate of cost of the improvement. Upon completion, the plans,
specifications and estimate of cost, shall be filed in the office of the
recording officer of such municipality. The plans and specifications shall
be in sufficient detail to enable a competent engineer to direct
construction thereof, and in sufficient detail to advise any person
interested of the general nature, character and type of the improvement.
The estimate of cost shall set forth in one item the estimated amount to be
paid the contractor. A second item shall include the cost of making and
collecting the assessment, engineering inspection, attorneys' fees and
other costs, which second item shall in no event exceed 12% of the
estimated contract price as set out in the first item above mentioned. The
plans, specifications and estimate of cost shall be accompanied by:
(1) A certificate executed by the members of the committee on local
improvements setting forth the boundaries of the area probably benefited by
such improvement. The establishment of the boundaries of the area probably
benefited shall have no relation to the levy of an assessment against
property benefited. Such boundaries are to be used merely for the
determination of an area in which protests may be filed against the
construction of the improvement. Assessments shall be levied against all
property benefited regardless of whether or not such property is located
within the boundaries of the area;
(2) A certificate executed by the County Clerk setting forth the lots,
tracts and parcels of real estate that have been forfeited for delinquent
taxes either for general taxes or special taxes, or both, within the
boundaries of the area as set forth in the certificate required by
subdivision (1) of this section;
(3) A certificate executed by the assessing officer of the county to
show the assessed valuation of each lot, tract and parcel of real estate
located within the boundaries of the area set forth in the certificate
required under subdivision (1) of this section;
(4) A certificate executed by any officer of the municipality setting
forth the names and addresses of all persons owning lots, tracts and
parcels of real estate within the boundaries of the area probably benefited
by such improvement as shown on the tax collector's records for the last
year in which taxes were levied.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-6
(65 ILCS 5/9-3-6) (from Ch. 24, par. 9-3-6)
Sec. 9-3-6.
After the filing of the plans, specifications and estimate of
cost, as provided in Section 9-3-5, the corporate authorities shall, by
resolution, set a day and hour for a public hearing upon the proposed
improvement which shall not be less than 10 days after the filing of the
plans, specifications and estimate of cost. Notice of the time and place of
the public hearing shall be sent by mail directed to the person who paid
the general taxes for the last preceding year on each lot, tract and parcel
of real estate within the boundaries of the area probably benefited, not
less than 5 days prior to the date set for the public hearing. The notice
in addition to the time, date and place of the public hearing shall contain
a general description of the proposed improvement including the estimated
cost and a statement that the plans and specifications are on file with the
recording officer of the municipality for public inspection.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-7
(65 ILCS 5/9-3-7) (from Ch. 24, par. 9-3-7)
Sec. 9-3-7.
At the time and place fixed for the public hearing, the
corporate authorities shall meet and hear anyone desiring to be heard upon
the subject of the proposed improvement. In case any person objects to the
proposed improvement or any of the elements thereof, the corporate
authorities shall adopt a new resolution abandoning the proposed scheme or
adhering thereto, or changing, altering, or modifying the extent, nature,
kind or character, without a further public hearing thereon, as it
considers most desirable. Thereupon, if the proposed improvement is not
abandoned, the committee on local improvements shall change or amend the
plans, specifications and estimate of cost if it deems it necessary and
prepare an ordinance authorizing and directing the improvement to be made.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-8
(65 ILCS 5/9-3-8) (from Ch. 24, par. 9-3-8)
Sec. 9-3-8.
After the public hearing has been held as provided in Section
9-3-7, and after the plans, specifications and estimate of cost have been
filed in the office of the recording officer of the municipality, the
corporate authorities shall by resolution, set a date for consideration and
passage of the ordinance, and direct that notice be given by posting or
publication of the date set for consideration of said ordinance. Such
notice, if posted, shall be posted in not less than 3 public places in such
municipality not less than 10 days prior to the date set for such
consideration. If published such notice shall be published at least once in
a newspaper published and of general circulation in the municipality, if
there be such a newspaper, not less than 10 days prior to the date set for
the consideration of the ordinance. If no newspaper of general circulation
is published within the municipality then no publication shall be necessary
and notice given by posting will be sufficient. Such notice by posting or
by publication shall describe generally the improvement proposed to be
made, set the boundaries of the area probably benefited, and provide that
the owners of record of real estate within the area may at any time, prior
to the date set for consideration of the ordinance authorizing the
improvement, protest in writing against the construction of such
improvement. If the owners of record of 70% or more of the area of the real
estate located within the area described as probably benefited, file a
written protest in the office of the recording officer (to be designated in
the posting or publication) prior to the date set for consideration of the
ordinance authorizing the improvement, then the corporate authorities of
such municipality shall not pass the ordinance, and the improvement shall
not again be initiated for a period of 6 months.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-9
(65 ILCS 5/9-3-9) (from Ch. 24, par. 9-3-9)
Sec. 9-3-9.
On the date set for consideration and passage of the ordinance,
the corporate authorities shall convene, consider the ordinance, examine
the certificates submitted with the ordinance in relation to the area
benefited and consider all protests that have been filed against the
construction of the improvement. The corporate authorities before adoption
of the ordinance shall consider the forfeitures and the valuations shown in
the certificates of the respective lots, tracts and parcels of real estate
within the boundaries of the area probably benefited. If lots, tracts and
parcels of real estate representing 25% or more of such value as shown in
the certificate in sub-section (3) of Section 9-3-5 of the lots, tracts and
parcels of real estate within the boundaries of the area probably benefited
have been forfeited to the State for the non-payment of taxes, either
general taxes or special assessments, or both, then the corporate
authorities shall not adopt the ordinance and shall proceed no further with
the improvement and the same improvement shall not again be initiated for a
period of one year. Further, if 50% or more in number of the lots, tracts
and parcels of real estate within the above described boundaries represent
vacant property and the owners of 50% or more in number of the lots, tracts
and parcels, of real estate file written objections, the corporate
authorities shall proceed no further with the improvement and the same
improvement shall not again be initiated for a period of one year, or if
the estimated cost of the improvement exceeds the assessed full, fair cash
value of the real estate located within the boundaries of the district
probably benefited, as shown by the county assessor's certificate, then the
corporate authorities shall proceed no further with the improvement and the
same improvement shall not be again initiated for a period of one year. If,
however, there is less than 25% of the real estate within the area
forfeited for non-payment of general taxes or special assessments, or both,
and there are less than 50% in number of the lots, tracts and parcels of
real estate within the area vacant, or if 50% or more in number of the
lots, tracts and parcels of real estate within said area are vacant but the
owners of less than 50% of the lots, tracts and parcels of real estate file
objections, and the total estimated cost of the improvement does not exceed
the assessed full, fair cash value of the real estate located within the
area designated as probably benefited, then the corporate authorities shall
be authorized to proceed with the improvement and adopt the ordinance
authorizing and directing the construction thereof.
The corporate authorities shall adjourn from time to time for
consideration of the passage of the ordinance, but not for longer than a
period of 90 days from the date set for hearing thereon. If within 90 days
after the date set for the hearing and consideration of the ordinance such
ordinance is not passed, then such ordinance shall not be passed unless the
improvement is again initiated and a new date set for hearing and
consideration of the ordinance and notice of the date published and posted
as provided in this Division 3.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-10
(65 ILCS 5/9-3-10) (from Ch. 24, par. 9-3-10)
Sec. 9-3-10.
The ordinance authorizing and directing the construction of
any local improvement shall describe generally the nature and character of
the improvement and refer to plans, specifications and estimate of cost
thereof on file in the office of the recording officer of the municipality.
It shall not be necessary that the ordinance set forth in detail the
proposed improvement to be made.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-11
(65 ILCS 5/9-3-11) (from Ch. 24, par. 9-3-11)
Sec. 9-3-11.
Any local improvement ordinance passed by the corporate
authorities shall be published one time in a newspaper published and of
general circulation in such municipality, if there be one, and if there be
no such newspaper, then such ordinance shall be posted in not less than 3
public places in such municipality. Such ordinance shall not become
effective until 10 days after publication or posting, as the case may be.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-12
(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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65 ILCS 5/9-3-13
(65 ILCS 5/9-3-13) (from Ch. 24, par. 9-3-13)
Sec. 9-3-13.
After filing of the petition as provided in Section 9-3-12,
the court shall enter an order setting a date for hearing on the question
of benefits, and direct that notice be given by the committee on local
improvements of the pendency of the proceeding. The notice shall state
generally the nature of the improvement, the pendency of the proceeding,
the time and place of filing the petition therefor, that an assessment roll
has been filed, and the time and place at which an application will be made
for confirmation of the assessment, the same to be not less than 15 days
after the mailing of such notice. Such notice shall be sent by mail,
postpaid, to each person paying the taxes on the respective parcels during
the last preceding year during which taxes were paid, at his residence as
shown in the assessment roll, or if not shown, then to each person so
paying the taxes directed generally to the municipality in which the
improvement is proposed to be made. Such notice shall also state the amount
assessed, the person to whom the same is directed for the improvement
proposed, and the total cost of such improvement, and the total amount
assessed as benefit upon the public, and if the assessment is to be payable
in installments, the number of installments thereof and the rate of
interest it shall bear. An affidavit shall be filed before the final
hearing thereon by the committee on local improvements showing a compliance
with the requirements of this section and also showing that the committee
on local improvements caused to be made under its direction, or that it
made a careful examination of the county collector's books showing the
payments of general taxes during the last preceding year, in which the
taxes were paid thereon, to ascertain the person who last paid the taxes on
the respective parcels, and a diligent search for such person's residence,
and that the assessment roll filed in court correctly states the same as
ascertained by the committee on local improvements, or as ascertained under
its direction. If the report and affidavit shall be found in any respect
wilfully false, the persons making the same shall be guilty of perjury, and
subject to the pains and penalties provided for such offense by the laws of
this State.
In addition to the mailing of the notice, notice shall also be given by
the committee on local improvements at least 15 days prior to the date set
for the hearing by posting notice in at least 4 public places in such
municipality, all of which shall be in the neighborhood of such proposed
improvement, and within the boundaries of the area described as probably
benefited, and as in this Division 3 provided, and by publishing the same
once each week for 2 successive weeks in a daily or weekly newspaper
published in the municipality, the first publication thereof to be at least
15 days prior to the date set for the hearing on benefits, or if there be
no newspaper published and of general circulation in such municipality,
then by publication in a newspaper published in the county and of general
circulation therein. Such notice shall state the pendency of the
proceedings, set forth a brief general description of the nature of the
improvement, refer to the fact that the ordinance for the same is on file
in the office of the municipal clerk for public inspection, together with
plans, specifications and an estimate of cost of the improvements, and that
such municipality has applied to the court, designating the court, for the
levying of a special assessment, that the assessment roll has been filed in
court and stating the date when the hearing thereon will be had, and that
all persons desiring may file objections to the assessment on any
particular lot, parcel or tract before the date set for said hearing, and
may appear at the hearing and make their defense as to the question of
benefits. If the assessment is to be payable in installments, then such
notice shall state the number of installments and the rate of interest the
installment shall bear.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-14
(65 ILCS 5/9-3-14) (from Ch. 24, par. 9-3-14)
Sec. 9-3-14.
Any person interested in any real estate to be affected by
such assessment may appear and file objections to the amount assessed
against any such real estate. However, such objection must be filed in
writing in the court in which the petition has been filed within the time
named in the notice, or within such further time as the court may continue
the case, or within such further time as the court may allow.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-15
(65 ILCS 5/9-3-15) (from Ch. 24, par. 9-3-15)
Sec. 9-3-15.
The assessment roll as returned by the officers making the
same shall be prima facie evidence of the correctness of the amount
assessed against each lot, tract or parcel of real estate, but shall not be
counted as testimony of any witness or witnesses in the cause. If it is
objected on the part of any property assessed for improvement that it will
not be benefited thereby to the amount assessed thereon, and that it is
assessed more than its proportionate share of the cost of such improvement,
and a jury is not waived by agreement of parties, the court shall impanel a
jury to try the issue, and in such case, except as otherwise ordered by the
court, all such objections shall be tried and disposed of before a jury.
Such assessment roll may be submitted to the jury and may be taken into a
jury room by the jury when it retires to deliberate on its verdict. Either
party may introduce such other evidence that may bear on the issues. The
hearing shall be conducted as in other cases at law and if it shall appear
that the premises of any objector are assessed more than such premises will
be benefited by such improvement, or more than its proportionate share of
the cost of such improvement, the jury shall so find, and shall also find
the amount for which the premises ought to be assessed, and the judgment
shall be rendered accordingly.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-16
(65 ILCS 5/9-3-16) (from Ch. 24, par. 9-3-16)
Sec. 9-3-16.
The hearing on benefits in all cases arising under this
Division 3 may be had at such time as the court may designate. Such
proceedings shall have precedence over all other cases in any court where
the same shall be brought, except criminal cases or other cases in which
the public is a moving party.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-17
(65 ILCS 5/9-3-17) (from Ch. 24, par. 9-3-17)
Sec. 9-3-17.
The court before which any such proceedings may be pending
shall have authority to modify, alter, change, annul or confirm any
assessment returned as aforesaid and make all such orders as may be
necessary to such improvement according to the principles of this Division
3 and may from time to time, as may be necessary, continue the application
for that purpose.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-18
(65 ILCS 5/9-3-18) (from Ch. 24, par. 9-3-18)
Sec. 9-3-18.
No special assessment shall be levied under the provisions of
this Division 3 until the land necessary therefor or rights in land, are
acquired and in possession of any such municipality, except in cases where
proceedings to acquire such land have been begun and have proceeded to
judgment.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-19
(65 ILCS 5/9-3-19) (from Ch. 24, par. 9-3-19)
Sec. 9-3-19.
In case any special assessment levied under this Division 3 is
divided into installments under the provisions of this Division 3, the
judgment of confirmation that shall be entered by the court, shall apply to
all of the installments thereof and may be entered in one order.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-20
(65 ILCS 5/9-3-20) (from Ch. 24, par. 9-3-20)
Sec. 9-3-20.
The judgment of the court shall be final as to all issues
involved and the proceedings in such case shall be subject to review by
appeal, as hereinafter provided, and not otherwise. However, by mutual
consent the judgment may be vacated or modified notwithstanding the
expiration of 30 days of the rendition of such judgment, except as
hereinafter provided.
Such judgments shall have the effect of several judgments as to each
tract or parcel of land assessed. No appeal from any such judgment shall
invalidate or delay the judgments except as to the property concerning
which the appeal is taken. Each installment of each judgment, shall have
the effect of several judgments. Foreclosure or sale of the property, to
enforce the collection of any one installment, shall not affect the lien
for any subsequent installment.
Such judgments shall be liens on behalf of the municipality making the
improvements and for the payment of which the special assessment is levied
on the property assessed from the date thereof until paid, to the same
extent and of equal force and validity as a lien for general taxes, or
until the property against which any such judgments or installment thereof
has been entered is sold to pay the same, as provided in this Division 3.
Nothing in this section shall interfere with the right of the petitioner
to abandon the proceedings, and for that purpose to vacate such judgments
at any time before commencing the actual collection of such assessment. The
court in which the judgment is rendered may enter an order vacating or
modifying such order of confirmation on motion of the petitioner entered at
any time after the expiration of 30 days from the rendition of such
judgment of confirmation upon a showing by the petitioner that no contract
was let or entered into for the making of such improvement within the time
fixed by law for the letting of the contract, or that the making of such
improvement under the original proceeding was never commenced, or that the
making of such improvement under the proceedings was abandoned. No judgment
entered in such proceedings so dismissed and vacated, shall be a bar to
another like or different improvement. However, after the contract for the
work is entered into, or bonds herein provided for in this Division 3 are
issued, no judgment shall be vacated or modified or any petition dismissed,
nor the collection of the assessment, in any way stayed or delayed, without
the consent of the contractor and bondholders.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-21
(65 ILCS 5/9-3-21) (from Ch. 24, par. 9-3-21)
Sec. 9-3-21.
For any special assessment levied under the provisions
of this Division 3 that are annulled by the corporate authorities, or
set aside by any court, or declared to be invalid or void for any reason
whatever, a new assessment may be made and returned, and like notice
shall be given and proceedings had, as herein required in relation to
the first. If any improvement is constructed in accordance with the
provisions of this Division 3, and is accepted by the corporate
authorities, and the special assessment attempted to be levied to pay
the cost of such improvement is annulled, set aside, or declared invalid
or void, then a new special assessment may be made and returned to pay
the cost of the improvement so constructed, or to pay the cost of such
part thereof as the governing body might lawfully authorize to be
constructed, and paid for by special assessment under the provisions of
this Division 3. All parties in interest shall have like rights, and the
corporate authorities and the court shall perform like duties, and have
like power in relation to each such new special assessment, as hereby
given in this Division 3 in relation to the first regular assessment.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-22
(65 ILCS 5/9-3-22) (from Ch. 24, par. 9-3-22)
Sec. 9-3-22.
The ordinance for any improvement to be constructed under this
Division 3 may provide that the special assessment to be levied to defray
the cost thereof be divided into installments, not more than 20 in number.
The first installment of the assessment shall be due and payable on January
2 next after the awarding of the contract for the construction of such
improvement. The second installment shall be due one year thereafter, and
so on annually, until all installments are paid. It is hereby made the duty
of the clerk of the corporate authorities, to file in the office of the
clerk of the court in which the assessment was confirmed, a certificate
setting forth the date of the awarding of the contract for the construction
of the improvement. All installments shall bear interest until paid at a
rate set forth in such ordinance and not to exceed the greater of 9% per
annum or 70% of the Prime Commercial Rate in effect at the time of the passage
of said ordinance. Interest on assessments
shall begin to run
from the date of filing of the certificate evidencing the award of the
contract for the construction of the improvement, and the interest on each
installment shall be payable as follows:
On January 2 next succeeding the filing of the certificate evidencing
award of the contract, the interest accrued to that time on all unpaid
installments, shall be due and payable and shall be collected with the
first installment. Thereafter interest on all unpaid installments, then
payable, shall be payable annually, and be due and payable at the same time
as the installment maturing in such year, and be collected therewith. In
all cases, it shall be the duty of the municipal collector, whenever
payment is made on any installment, to collect interest thereon up to the
date of such payment, whether the payment be made at or after maturity. Any
person may at any time pay the whole assessment against any lot, piece or
parcel of land, or any installment thereof, without interest, as
hereinafter provided within 20 days after awarding contract or thereafter,
with interest to the next interest payment date.
(Source: P.A. 82-642.)
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65 ILCS 5/9-3-23
(65 ILCS 5/9-3-23) (from Ch. 24, par. 9-3-23)
Sec. 9-3-23.
All contracts awarded by any municipality for the construction
of any improvement authorized and provided for under this Division 3 shall
be payable solely and only out of the assessment levied to pay the cost of
the construction thereof. No person taking any contracts for the
construction of any improvement provided for under this Division 3 shall
have any claim or lien upon such municipality in any event except from the
collection of the special assessments levied for the payment of the cost of
the work. If it appears that such assessment cannot be levied or collected,
such municipality shall not be in any way liable to any such contractor in
case of failure to collect the same, but shall so far as it can legally do
so with all reasonable diligence cause a valid assessment to be made to
defray the cost of the work until any such contractor has been fully paid.
Any contractor shall be entitled to summary relief or mandamus or
injunction to enforce the provisions hereof.
The treasurer of any such municipality shall keep a separate account for
each special assessment.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-24
(65 ILCS 5/9-3-24) (from Ch. 24, par. 9-3-24)
Sec. 9-3-24.
All contracts for the construction of any improvement to be
paid by special assessment when the expense thereof exceeds $500 shall be
let to the lowest responsible bidder after advertisement for bids, as
hereinafter provided. However, if aid is received from an agency of the
Federal Government, and the application for such aid is approved by an
agency of the Federal Government, no such letting of bids is required. If
such municipality determines to construct the improvement with the aid from
an agency of the Federal Government, then the corporate authorities of any
municipality shall make such determination by resolution and file a
certified copy of the resolution setting out such determination in the
court in which the judgment on confirmation on the assessment has been
entered. Thereafter such municipality shall be authorized to proceed with
the construction of the improvement without letting a contract therefor, in
the manner hereinafter provided.
Within 90 days after the judgment of confirmation of any special
assessment has been entered and if there is no appeal perfected from
the judgment of confirmation, or the judgment of confirmation as
to any property is appealed from, then if the petitioner files in such
cause a written election to proceed with the work, notwithstanding such
appeal, steps shall be taken to let the contract for such work in the
manner hereinafter provided. If the judgment of confirmation is stayed by
order of a court, or if the petitioner filed no
election to proceed as herein provided, then the steps herein provided for
the letting of the contract for such work shall be taken within 15 days
after final determination of any stay of the proceedings or of any such
appeal, unless the proceedings be abandoned as in this Division 3.
(Source: P.A. 84-551.)
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65 ILCS 5/9-3-25
(65 ILCS 5/9-3-25) (from Ch. 24, par. 9-3-25)
Sec. 9-3-25.
Notice for bids for the construction of the improvement shall
be published in at least one issue of a newspaper published and of general
circulation in such municipality, if there is one, and if there is no such
newspaper then by publishing such notice in some newspaper published in and
of general circulation in the county in which such municipality is located.
Such publication shall be made at least 10 days prior to the date fixed for
the opening of bids for such work, and an additional notice may be
published in trade journals or other newspapers as the governing body may
determine. The notice for bids shall state (1) the general nature and
character of the work to be done; (2) the engineer's estimate of the amount
to be paid the contractor, and that no contract will be awarded in excess
thereof; (3) when and where bids will be opened; (4) that plans, profiles
and specifications for such work and form of contract and bond for
completion and maintenance of work are on file in the office of the clerk
of such municipality for public inspection; and (5) that each bidder must
file with his bid cash or a certified check satisfactory to the governing
body in an amount equal to 10% of the estimated amount to be paid the
contractor, such cash or certified check to be held by the municipality as
damages for failure to execute the contract and bond for performance of
such work. Right shall be reserved to reject any or all bids. Such notice
shall also state the number of installments the assessment has been divided
into and the rate of interest the bonds to be issued in anticipation of the
assessment shall bear. Such notice shall be signed by the municipal clerk.
If bonds are to be issued in anticipation of the collection of the
assessments, the corporate authorities shall, prior to the date set for
receiving the bids, fix the rate of interest the bonds are to bear. Such
interest rate shall be one per cent less than the interest rate the
installments of the assessments are to bear. It shall be stated in the
notice whether payment will be made in bonds or cash.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-26
(65 ILCS 5/9-3-26) (from Ch. 24, par. 9-3-26)
Sec. 9-3-26.
The committee on local improvements shall meet at the time and
place specified by the corporate authorities for receipt of bids and
publicly open and declare all bids. Any or all bids may be rejected by such
committee on local improvements. If all bids are rejected, new bids may be
requested as in the first instance. Whenever a bid is rejected, the deposit
required to be made shall be returned to the depositor. Contracts when
awarded shall be awarded to the lowest responsible bidder subject to
ratification and approval by the corporate authorities. Contracts may be
awarded by the committee on local improvements at the meeting at which bids
are received, or any adjournment thereof. The committee on local
improvements shall report in writing to the corporate authorities at the
next regular meeting the action that has been taken relative to bids
received. The corporate authorities shall ratify and approve or reject the
action taken and direct the committee on local improvements to execute the
contract on behalf of the municipality, if an award is made, or in case the
award is rejected, to again direct advertisement for bids. No contract
shall be awarded for the construction of any improvement under this
Division 3 after the expiration of one year from the date of confirmation
of the assessment. The municipality shall dismiss and vacate the
confirmation of any such assessment. No contract shall be awarded in excess
of the estimated amount to be paid the contractor.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-27
(65 ILCS 5/9-3-27) (from Ch. 24, par. 9-3-27)
Sec. 9-3-27.
Within 20 days after the contract is awarded, the contractor
shall enter into a contract with such municipality for the construction of
the improvement and shall give bond in the full amount of the contract for
the faithful performance of the contract. The contract and bond shall be
submitted to and approved by the committee on local improvements and filed
in the office of the clerk.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-28
(65 ILCS 5/9-3-28) (from Ch. 24, par. 9-3-28)
Sec. 9-3-28.
The contract shall be executed by the contractor and the
presiding officer of the corporate authorities and attested by the clerk of
such municipality under the official seal of the municipality. Such
contractor shall supply a surety bond in the full amount of the contract
for the faithful performance thereof. Failure of the contractor to enter
into such contract and give such bond within the 20 days hereinabove
provided for shall constitute a default and the certified check deposited
with his bid shall be deemed forfeited, and the municipality shall again
re-advertise for bids. Any contractor who enters into a contract for the
construction of the improvement and who fails to complete the same within
the time mentioned in the contract, or within such further time as the
corporate authorities grant shall be in default and a contract may then be
relet for the unfinished portions of such work, in the same manner as
provided for advertising for bids in the first instance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-29
(65 ILCS 5/9-3-29) (from Ch. 24, par. 9-3-29)
Sec. 9-3-29.
Immediately upon awarding the contract for the construction of
the improvement, the clerk of any such municipality shall file a
certificate in the court in which the judgment of confirmation was entered
certifying to the fact that the contract has been awarded. The clerk of the
court in which such judgment is rendered shall certify the assessment roll
and judgment to the officers of such municipality authorized to collect
such special assessment, or if there has been an appeal taken then such
clerk of court shall certify such part of the judgments as is not included
in such appeal. Such certificate shall be filed by the officer receiving
the same in his office. With such assessment roll and judgment, the clerk
of the court shall also issue a warrant for the collection of such
assessment. The court may recall such warrants as to all or any part of the
property affected at any time before payment of the assessment or sale of
the property for payment thereof in case the proceedings be abandoned by
the petitioner, or the judgment be vacated or modified, as herein provided,
but not otherwise. Should an appeal be taken on any part of such judgments
and the corporate authorities elect to proceed with the improvement
notwithstanding such an appeal, as provided in this Division 3, the clerk
shall certify such portions of such judgments appealed from time to time,
in the manner above mentioned, as the final judgment is rendered thereon,
and the warrant accompanying such certificate in each case shall be
authority for the collection of so much of the assessment as shall be
included in the portion of the roll thereto attached. The warrant in all
cases of assessment under this Division 3 shall contain a copy of such
certificate of the judgment describing the lots, tracts and parcels of real
estate assessed so far as they shall be contained in the portion of the
roll so certified and the respective amount assessed on each lot, tract or
parcel of real estate, and delivered to the officer authorized to collect
such special assessment.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-30
(65 ILCS 5/9-3-30) (from Ch. 24, par. 9-3-30)
Sec. 9-3-30.
Upon receipt of the warrant for the collection of the
assessment it shall be the duty of the collector to immediately give notice
thereof by publishing notice at least once in a daily or weekly newspaper
published and of general circulation in such municipality, if there is one.
If there is no such newspaper, then notice shall be given by posting the
same in 4 places within the area being improved. The published or posted
notice shall indicate that the judgment of confirmation has been entered by
the court and shall describe the improvement for which the assessment has
been levied, that the collector has received the warrant for the collection
of the assessment, that any property owner whose property has been assessed
may pay the assessment in full without interest if it is paid within 20
days from the date of the award. The notice shall also state the number of
installments the assessment has been divided into and the rate of interest
each installment bears, and also shall indicate where payment may be made.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-31
(65 ILCS 5/9-3-31) (from Ch. 24, par. 9-3-31)
Sec. 9-3-31.
The construction of such improvement in accordance with the
provisions of the contract shall be under the supervision of the committee
on local improvements, and from time to time, as the work under any
contract for the improvement progresses, certificates may be issued by the
committee on local improvements to the contractor for work completed and
payments may be made to the contractor in amounts not to exceed 85% of the
work constructed and completed by vouchers payable either in cash or bonds
that may be issued, as in this Division 3 provided, upon completion of the
work. All such vouchers shall be signed by the presiding officer of the
municipality, attested by the clerk and registered, numbered and
countersigned by the treasurer. The treasurer shall keep an accurate
register of all such vouchers issued.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-32
(65 ILCS 5/9-3-32) (from Ch. 24, par. 9-3-32)
Sec. 9-3-32.
Within 30 days after the completion of the work, the committee
on local improvements shall certify the fact that the work has been
completed and accepted by the corporate authorities of such municipality,
setting forth the total amount due the contractor for the construction of
the work, the amount of the vouchers payable either in cash or bonds that
have been delivered to the contractor from time to time as the work
progressed, and the amount still due the contractor. The corporate
authorities upon receipt of the certificate shall set a date for
consideration and hearing upon the question of whether or not the work has
been completed in substantial compliance with the plans, specifications and
contract for the construction thereof, and shall direct the clerk to give
notice of the date set for the hearing. Such notice shall be published at
least once each week for 2 successive weeks in a daily or weekly newspaper
published and of general circulation in such municipality, if there is such
a newspaper. If there is no such newspaper, then notice shall be given by
posting in not less than 4 public places in such municipality, and in at
least 4 places within the boundaries of the area designated by the
committee on local improvements as probably benefited by the improvement.
The first publication or the first posting of such notice shall be at least
15 days prior to the date fixed for such hearing. Any person interested
may, prior to the date fixed for such hearing, file written objections to
the acceptance of such work, stating specifically the reasons therefor, and
shall have the right to be heard at the time and place fixed by the
governing body to hear and consider the same. At the time and place fixed,
the corporate authorities shall hear any and all objections that have been
filed in writing to the acceptance of the completed work and the corporate
authorities shall have authority to continue the hearing from time to time,
but for a period of not more than 30 days from the date set for such
hearing, to consider written objections filed to the acceptance of the work
and to give all persons an opportunity to be heard thereon. At such hearing
the certificate of the committee on local improvements shall be prima facie
evidence that the matter and things stated therein are true, but if any
parts thereof are controverted by written objections duly filed, the
corporate authorities shall hear and determine the same in a summary manner
and shall enter an order according to the facts. Such order shall be
conclusive upon all parties and no party shall be allowed to review or
reverse the order of the corporate authorities. If upon such hearing the
corporate authorities shall find the allegations of the certificate to be
incorrect, it shall enter an order accordingly and it shall then be the
duty of the committee on local improvements to procure the completion of
such improvement in substantial compliance with the ordinance and the plans
and specifications therefor. The committee on local improvements shall from
time to time file additional or supplemental applications to the corporate
authorities for final acceptance of the work until the corporate
authorities shall eventually be satisfied that the allegations in such
certificates are true and that the improvement has been constructed in
substantial compliance with the plans, specification and ordinance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-33
(65 ILCS 5/9-3-33) (from Ch. 24, par. 9-3-33)
Sec. 9-3-33.
If upon final settlement with the contractor for the
construction of any improvement and after paying all costs of levying,
collecting and making the assessment, which amount shall not under any
circumstances exceed 12% of the estimated contract price, and all bonds and
interest thereon issued, as in this Division 3 provided, except those bonds
and interest coupons not presented for payment, although called and for
which funds are available and reserved, within the period of time specified
in Section 9-1-5, there shall be any surpluses remaining in the special
assessment fund, the corporate authorities of such municipality shall at
once cause a rebate to be declared upon each lot, tract or parcel of real
estate assessed of its pro rata proportion of such surplus. Such rebate
shall be paid to the owner of record of each such lot, block, tract or
parcel at the time of the declaration of the rebate. Should any additional
funds be collected after the original rebate is declared, the municipality
shall not be required to declare a supplemental rebate for 5 years from the
date the original rebate is declared. The municipality may deduct for its
costs and expenses for declaring and making any rebate not more than 5% of
the amount declared to be rebated. All surpluses shall remain in the
special assessment fund until after full payment of all bonds and vouchers
issued in anticipation of the collection of the assessment, and there shall
be no rebate until all such bonds and vouchers have been paid in full, both
as to principal and interest, except those bonds and interest
coupons not
presented for payment, although called and for which funds are available
and reserved, within the period of time specified in Section 9-1-5. The
corporate authorities shall cause to be kept and exhibited publicly in the
office of the clerk of such municipality, an index of all special
assessment accounts or warrants upon which a rebate is due and payable and
upon proper proofs the same shall be repaid to the persons entitled
thereto.
(Source: P.A. 91-357, eff. 7-29-99.)
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65 ILCS 5/9-3-34
(65 ILCS 5/9-3-34) (from Ch. 24, par. 9-3-34)
Sec. 9-3-34.
No litigation, suit or proceeding of any kind or character
shall be instituted touching the sufficiency of the plans, specifications,
estimate of the cost, or ordinance authorizing the improvement, unless such
litigation, suit or proceeding is instituted within 15 days after the
adoption of the ordinance by the corporate authorities of such municipality
authorizing and directing the improvement to be made. No litigation, suit
or proceeding of any kind or character shall be instituted to collaterally
attack the final acceptance of the work by the corporate authorities unless
such litigation, suit or proceeding is instituted within 15 days after the
final acceptance of the work by the corporate authorities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-35
(65 ILCS 5/9-3-35) (from Ch. 24, par. 9-3-35)
Sec. 9-3-35.
At any time after 15 days from date of acceptance of the
work by the corporate authorities bonds may be issued to anticipate the
collection of the unpaid portions of the assessment then remaining
unpaid for the purpose of paying the cost of the improvement, including
cost of making and collecting the assessment, engineering, inspection,
attorney's fees and other costs. The bonds may be sold by the corporate
authorities for not less than par and accrued interest to date of
delivery, or such bonds may be issued and delivered to the contractor in
payment of the work at not less than par. The bonds shall be authorized
pursuant to a resolution adopted by the corporate authorities and shall
bear a date not earlier than 20 days after the date of the awarding of
the contract for the construction of the improvement and coupons shall
be attached thereto representing interest due thereon as it matures,
interest to be paid annually. The bonds shall be executed by the
presiding officer of the municipality and attested by the clerk of such
municipality, with the corporate seal attached thereto. The bonds shall
recite specifically that they are payable solely and only from the
assessment levied for the payment of the cost of the improvement,
designating the improvement for which the assessment has been levied,
and shall mature on or before the first day of December next succeeding
the first day of January on which the last installment shall mature, and
shall bear interest at a rate of one per cent less than the installments
of the assessment against which they are issued bears. Interest coupons
attached to the bond shall bear the official or facsimile signatures of
the presiding officer and clerk. The bonds shall be made payable at such
place or places either within or without the State of Illinois, as shall
be declared by resolution of the corporate authorities. The bonds shall
be numbered consecutively beginning with number one upwards and shall be
payable in their numerical order, and redeemable prior to maturity in
numerical order as hereinafter provided. Such bonds shall be registered
by the treasurer of such municipality in a book provided for that
purpose and each bond shall bear the certificate of such registration
and upon the books of such treasurer shall be noted the name of the
holder thereof and his address. Any subsequent holder may cause the same
to be registered in the name of such subsequent holder upon submission
of proper proof of ownership. Such municipality shall have the right to
call and pay the bonds, or any number thereof, in the manner set out in
Section 9-3-36.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-36
(65 ILCS 5/9-3-36) (from Ch. 24, par. 9-3-36)
Sec. 9-3-36.
Whenever there are sufficient funds in the hands of the
treasurer after the payment of all interest due and to become due within 6
months, the treasurer shall on the first day of October of any year, or at
any other time there are sufficient funds for that purpose on hand during
the year, give notice by registered mail, addressed to the last registered
holder of the bonds called at the address appearing upon his registry, that
there are funds sufficient to pay the designated bonds and interest thereon
to date 30 days hence from the date of such notice and directing
presentation of such bonds for payment and cancellation, and the bonds
shall cease to bear interest after the expiration of the 30 days and upon
payment and cancellation of the bonds proper entry thereof shall be made
upon the books of the treasurer. The treasurer, upon accumulation of
sufficient funds, as herein provided, shall pay one or more bonds and shall
call and pay such bonds, and any bondholder or holder of any interest
coupon appertaining to any bond shall be entitled to summary relief by
mandamus or injunction to enforce the provisions hereof. In addition to
giving notice by registered mail to the last registered holder of such
bonds, the treasurer shall cause to be published in a newspaper published
and of general circulation in such municipality, if there is such a
newspaper. If there is no such newspaper, the notice shall be given by
posting in at least 3 places within the area designated as probably
benefited by the improvement. Such notice shall be a notice of call and
redemption addressed to all unknown bondholders specifying the number of
the bonds called and designating the assessment against which the bonds
have been issued, and indicating that interest will cease on the bonds 30
days from and after the date of publication of such notice, and thereafter
the bonds shall cease to bear interest. Provisions as to redemption and
call of the bonds shall be inserted in each of the bonds issued in
accordance with the provisions of this Division 3.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-37
(65 ILCS 5/9-3-37) (from Ch. 24, par. 9-3-37)
Sec. 9-3-37.
Any deduction in assessments made pursuant to the order of the
court may be added to and become part of the municipality's portion of the
cost of the improvement. The corporate authorities by the adoption of the
resolution may direct the attorney member of the committee on local
improvements to file a motion to authorize the court to add the deduction
to the municipality's portion of the assessment.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-38
(65 ILCS 5/9-3-38) (from Ch. 24, par. 9-3-38)
Sec. 9-3-38.
No collateral attack or litigation shall be instituted which
in any way questions the enforceability of the validity of the bonds issued
under the provisions of this Division 3 unless such litigation is
instituted within 15 days after the issue and delivery of the bonds to the
contractor on payment of work, or within 15 days after the issue and
delivery thereof to a purchaser, as in this Division 3 provided.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-39
(65 ILCS 5/9-3-39) (from Ch. 24, par. 9-3-39)
Sec. 9-3-39.
The assessment authorized by this Division 3 shall constitute
valid and binding liens upon the respective tracts of property against
which they are assessed from the date of the confirmation of the assessment
until paid, prior to all other claims and liens, and shall be coequal with
the lien for general taxes, and shall not be questioned in any action
or proceeding except on proof of failure to give notice of the hearing on
the question of benefits, unless such suit shall be instituted within 10
days after the confirmation of the assessment roll by the court.
(Source: P.A. 83-345.)
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65 ILCS 5/9-3-40
(65 ILCS 5/9-3-40) (from Ch. 24, par. 9-3-40)
Sec. 9-3-40.
Liens shall be enforced and collected independently of any
other provision of the statutes contrary thereto notwithstanding.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-41
(65 ILCS 5/9-3-41) (from Ch. 24, par. 9-3-41)
Sec. 9-3-41.
Whenever any assessment has been levied against any real
estate, the assessment or installments thereof shall become delinquent the
first day of July next after the due date thereof and bear interest after
delinquency at the rate as in this Division 3 provided until paid, or until
such real estate is sold for the payment thereof, as in this Division 3
provided. The assessment after delinquency shall continue to be collected
by the authorized collector of any such municipality. Such municipality
shall institute proceedings to foreclose and sell property for the payment
of any assessment, or installment thereof, remaining delinquent 6 months
after delinquency date. Any holder of any bond or of any interest coupon is
entitled to summary relief by mandamus or injunction to enforce the
provisions hereof.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-42
(65 ILCS 5/9-3-42) (from Ch. 24, par. 9-3-42)
Sec. 9-3-42.
The corporate authorities by resolution shall direct some
officer of such municipality to file a petition in the name of such
municipality in any court of competent jurisdiction to foreclose the lien
as to the past due assessment, or installment thereof, and cause the real
estate against which such assessment, or installment thereof, is levied to
be sold to pay the same. As many lots, tracts and parcels of land as may be
desired may be joined in one suit so long as the lots, tracts and parcels
of land are delinquent for the same assessment or installment thereof
constituting liens against the real estate created under this Division 3.
Upon filing of the petition, notice shall be given by the clerk of the
court addressed "To All Owners, Parties Concerned and Persons Interested"
in the described tracts of real estate, setting forth a description of the
several tracts of real estate sought to be sold, the pendency of the
proceedings, the docket number of the cause, and stating the term of court
at which the petition will be heard. The notice shall be published by the
clerk of the court in a newspaper published and of general circulation in
the municipality where such real estate is situated if there is such a
newspaper. Otherwise, such notice shall be published in a newspaper
published and of general circulation in the county. Such notice shall be
published at least 30 days prior to the date set for the hearing in the
cause. The petition and notice shall give the court full jurisdiction of
all the parties interested as owner, occupant, lien claimant or otherwise,
in the several tracts of real estate described in the petition and notice.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-43
(65 ILCS 5/9-3-43) (from Ch. 24, par. 9-3-43)
Sec. 9-3-43.
The cause shall be heard as suits to foreclose mortgages on
real estate. The court shall ascertain and determine the amount of the
liens created under this Division 3 due as of the date of the entry of its
orders from each of the several tracts of real estate, specifying
separately the amount due on account of each tract. Judgment shall be
entered against the respective tracts for the amount of such assessment of
installments thereof, including interest, penalties and cost of suit. The
cost shall be apportioned to the respective tracts as the court determines
proper. In such judgment the court shall also order the respective tracts
of real estate sold by the general county officer having authority to
receive state and county taxes, unless the amount of the judgment
determined against the same shall be paid by a short date to be fixed by
the court. Appeals may be prosecuted as in other civil cases.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-44
(65 ILCS 5/9-3-44) (from Ch. 24, par. 9-3-44)
Sec. 9-3-44.
Upon expiration of the time for payment as fixed by the order
of the court, the general county officer having authority to receive state
and county taxes shall advertise the sale of the several tracts of real
estate on which the amount adjudged against the same by the order has not
been paid. The advertisement shall be made in some newspaper published and
of general circulation in the county at least 10 days prior to the date of
sale. At such sale each lot, tract or parcel of land shall be sold
separately, free and clear of all liens and encumbrances, except for
general taxes and unpaid special assessments not included in the judgment,
the lien for which shall remain unimpaired, to the highest bidder for cash.
The sale shall not be complete until the purchase price is paid. No tract
shall be sold for less than the costs of sale, costs adjudged by the court,
and amount of all past due installments of special assessments created by
this Division 3 as determined by the court. The person so selling shall
make, execute and deliver to the purchaser a certificate of sale which
shall describe the real estate sold, recite the date of sale, the name and
address of the purchaser, the amount bid and that the purchaser is entitled
to a deed conveying fee simple title to the premises upon expiration of the
period of redemption and upon compliance by the purchaser or his assignee
with the provisions of this Division 3. The proceeds received from such
sale shall be disbursed in the following order: first, all costs and
expenses of sale and suit shall be fully paid; second, the amount necessary
to satisfy the special assessments shall be transferred to the proper
officer; third, the residue, if any, shall be delivered to the court to be
turned over to the owner, mortgagee or such other person as shall establish
right thereto. A report of sales shall be made promptly to the court
together with a copy of each certificate of sale issued.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-45
(65 ILCS 5/9-3-45) (from Ch. 24, par. 9-3-45)
Sec. 9-3-45.
Any owner or person interested in any real estate sold under
the provisions of this Division 3 has the right to redeem from such sale at
any time within 2 years from date of sale upon payment of the amount bid
and paid by the purchaser as set out in the certificate of sale, plus all
taxes and assessments thereafter paid by the purchaser, together with
interest on all such sums at the rate of the greater of 9% per annum or
70% of the prime commercial rate in effect on the date the special assessment
ordinance is adopted. Interest shall run from date of sale
(and from date of payment of taxes and assessments in case of such
payments) to date of payment to the clerk of the court. An entry of all
such redemptions shall be made on the court docket. The clerk shall
immediately notify the purchasers of such redemption and that he may obtain
his money upon surrender of certificate of purchase.
(Source: P.A. 82-686.)
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65 ILCS 5/9-3-46
(65 ILCS 5/9-3-46) (from Ch. 24, par. 9-3-46)
Sec. 9-3-46.
Subsequent to the issuance of the certificate of sale and 30
days prior to the expiration of the period of redemption the purchaser or
his assignee shall cause written notice of the date of the expiration of
the period of redemption to be served on the occupant of the premises
described in the certificate, if the premises are occupied and proof of
such notice shall be made to the court. The purchaser or his assignee shall
also cause notice to be published in at least one issue of some newspaper
published and of general circulation in the municipality where the real
estate is situated, if there is such newspaper. Otherwise such publication
shall be made in some newspaper published and of general circulation in the
county, addressed to "All Owners, Parties Concerned and Persons
Interested", setting forth a description of the real estate sold and not
then redeemed, the date of sale, the date of the expiration of the period
of redemption, when and where application will be made for deed to be
issued pursuant to the provisions of this Division 3, and the docket number
of the foreclosure proceedings. Such notice shall be published subsequent
to the issuance of the certificate of sale and at least 30 days prior to
the date of the expiration of the period of redemption.
(Source: Laws 1961, p. 576.)
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