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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.
() 55 ILCS 5/5-30019
(55 ILCS 5/5-30019) (from Ch. 34, par. 5-30019)
Sec. 5-30019.
Certificate of economic hardship.
A certificate of economic hardship shall be issued by a preservation
commission established pursuant to this Division upon a
determination by it that the failure to issue a certificate
of appropriateness has denied, or will deny, the owner of a landmark or
of a property within a preservation district all reasonable use of, or return
on, the property. Application for a certificate of economic hardship shall
be made on a form and in a manner as prescribed by the preservation commission.
The preservation commission may schedule a public hearing concerning the
application and provide notice in the same manner as in Section 5-30014
and conduct the hearing concerning economic hardship in
the same manner as provided in Section 5-30015.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30020
(55 ILCS 5/5-30020) (from Ch. 34, par. 5-30020)
Sec. 5-30020.
Evidence of economic hardship.
An applicant for a
certificate of economic hardship may submit any or all of the following
information in order to assist a preservation commission in its
determination on the application:
(1) Amount paid for the property, the date of purchase and the party from
whom purchased, including a description of the relationship, if any, between
the owner of record or applicant and the person from whom the property was
purchased, and any terms of financing between seller and buyer;
(2) Assessed value of the property according to the two most recent
assessments;
(3) Real estate taxes for the previous two years;
(4) Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two years;
(5) All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing or ownership of
the property;
(6) Any listing of the property for sale or rent, price asked and offers
received, if any, within the previous two years;
(7) Any consideration by the owner as to profitable adaptive uses for
the property;
(8) If the property is income-producing, the annual gross income from
the property for the previous two years, itemized operating and maintenance
expenses for the previous two years, depreciation deductions and annual cash
flow before and after debt service, if any, during the same period;
(9) Form of ownership or operation of the property, whether sole
proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture, or other;
(10) Any other information, including the income tax bracket of the
owner, applicant, or principal investors in the property, necessary to a
determination as to whether the property can be reasonably used or yield a
reasonable return to present or future owners.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30021
(55 ILCS 5/5-30021) (from Ch. 34, par. 5-30021)
Sec. 5-30021. Determination of economic hardship. The preservation
commission, upon a determination after review of all evidence and
information that the denial of a certificate of appropriateness has denied,
or will deny the owner of a landmark or of a property within a preservation
district of all reasonable use of, or return on, the property, shall
undertake one or the other of the following actions:
(1) offer the owner of the property reasonable | | financing, tax or other incentives sufficient to allow a reasonable use of, or return on, the property:
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(2) offer to purchase the property at a reasonable
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(3) issue a certificate of appropriateness for the
| | proposed construction, alteration, demolition or removal.
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(Source: P.A. 94-1055, eff. 1-1-07.)
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55 ILCS 5/5-30022
(55 ILCS 5/5-30022) (from Ch. 34, par. 5-30022)
Sec. 5-30022.
Appeals.
The final denial of a certificate of
appropriateness or a certificate of economic hardship by a preservation
commission is an administrative decision as defined in Section 3-101 of the
Administrative Review Law, and it shall be subject to judicial review
pursuant to provisions of said Administrative Review Law and all amendments
and modifications thereof, and the rules adopted thereto.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-31
(55 ILCS 5/Div. 5-31 heading)
Division 5-31.
County Historical Museum Districts
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55 ILCS 5/5-31001
(55 ILCS 5/5-31001) (from Ch. 34, par. 5-31001)
Sec. 5-31001.
Subtitle.
This Division shall be subtitled the County
Historical Museum District Law.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31002
(55 ILCS 5/5-31002) (from Ch. 34, par. 5-31002)
Sec. 5-31002.
Purpose.
The purpose of this
Division is to provide for the creation of county historical
museum districts to acquire real property and collect and curate materials
which help establish or illustrate the history of the county in such
aspects as its exploration, settlement, development, activities in peace
and war and progress in population, wealth, education, arts, science,
agriculture, manufactures, trade and transportation. The museum district
shall collect: printed material such as histories, genealogies, biographies,
descriptions, gazetteers, directories, newspapers, pamphlets, catalogues,
circulars, handbills, programs and posters; manuscripts such as
letters, diaries, journals, memoranda, reminiscences, rosters, service records,
account books, charts, surveys and field books; and other museum material
such as pictures, photographs, paintings, portraits, scenes, aboriginal
relics and objects.
The museum district shall provide for the preservation of and public access
to such materials for examination and study; shall cooperate in ensuring
the preservation and accessibility of the records and archives of the
county and its cities, towns, villages, and institutions; and shall assist
in ensuring the preservation of historical buildings, monuments and markers.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31003
(55 ILCS 5/5-31003) (from Ch. 34, par. 5-31003)
Sec. 5-31003.
Definitions.
As used in this
Division unless the context otherwise requires:
(a) "museum district" means a museum district organized under this Division.
(b) "board" means the board of trustees of a museum district.
(c) "trustee" means a trustee of a museum district.
(d) "political party" means a political party as defined in Section 7-2
of The Election Code.
(e) "political office" means any office to which a person is elected or
appointed to discharge a public duty for the State or any of its political
subdivisions and which is established and the qualifications and
duties for which are prescribed by law.
(f) "development of real property" means the construction, installation,
planting or creation of any permanent improvement of real property in which
a museum district has or has taken steps to acquire an interest.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31004
(55 ILCS 5/5-31004) (from Ch. 34, par. 5-31004)
Sec. 5-31004.
Election.
(a) In any county having less than 1,000,000
population which is not organized as a forest preserve district
and in which the county board has not in any 3 of the past 5 years levied
taxes in support of an historical museum as authorized by Division 6-23,
at least 1% of the voters may file with the circuit clerk of the county a
petition addressed to the circuit court of the county requesting the
creation of a county historical museum district, the boundaries of which
shall be those of the county. At least 1% of the voters in each county of a
group of not more than 5 contiguous counties, each of which has less than
1,000,000 population and none of which is organized as a forest preserve
district and in none of which the county board has in any 3 of the past 5
years levied taxes in support of an historical museum as authorized by
Division 6-23, may jointly file with the circuit clerk of the county having
the largest population a petition addressed to the circuit court of the
county having the largest population requesting the creation of an
historical museum district, the boundaries of
which shall be those of the counties as a whole. If the museum district
shall embrace more than one county, the petition shall be accompanied by
the written approval of the Illinois State Museum. A museum district
composed of a single county shall be designated by the name of the county.
The circuit court of the county shall set the petition for hearing. The
petition shall set forth (1) a description of the territory to be embraced
in the proposed museum district, (2) the names of the municipalities
located within the area, (3) the name of the proposed museum district, (4)
the population of the museum district, and request that the question be
submitted to the electors residing within the limits of the proposed museum
district whether they will establish a museum district under this
Division to be known as .... Historical Museum District. The
petitioners in and by the petition shall designate one or more persons to
represent them on the petition, and in the proceedings thereon in the
circuit court, with authority to amend, to move to dismiss, or to withdraw
the petition. The circuit court shall set the petition for hearing within
not less than 30 nor more than 40 days after the filing of the petition
with the circuit clerk.
Notice shall be given by the circuit court of the time and place
where the hearing will be held, by publication on 3 separate days in one
or more newspapers having a general circulation within the territory
proposed to be incorporated as a museum district, the first of which
publications shall be not less than 20 days prior to the date set for
the hearing and if there is no such newspaper, then such notice shall be
posted in 10 of the most public places in such territory, not less than
20 days prior to the date set for the hearing. This notice shall include
a description of the territory as set out in the petition, names of
municipalities located therein and the name of the proposed museum district and
the question of creating such area into a museum district.
The filing fee on the petition and costs of printing and publication
or posting of notices of public hearing thereon shall be paid in advance
by the petitioners, and, if a museum district is organized under this
Division, they shall be reimbursed out of the funds received by
the museum district from taxation or other sources.
(b) The court may continue the hearing on the petition from time to time.
During the public hearing the petitioners may
move to amend the petition or to dismiss or to withdraw it,
and any such motion shall be allowed by the court. If such petition is
not dismissed or withdrawn, the court by written order shall find and
determine whether such territory meets the requirements of this
Division, and the sufficiency of the petition as filed or
amended, and of the proceedings thereon.
Should 2 or more petitions covering in part the same territory be
filed prior to the public hearing, such petitions shall be consolidated
for public hearing, and hearing upon the first petition which is filed
may be continued to permit the giving of notice of any such subsequent
petition or petitions. At the public hearing upon such petitions, the
petitioners in the petition first filed may move to amend such petition
to include any part of the territory described in the subsequent
petition or petitions, either as originally filed or as amended. Any
such motion shall be allowed by the court. The public hearing shall
proceed upon the first petition as originally filed or as so amended,
and further proceedings upon any such other petitions subsequently filed
shall be stayed and held in abeyance until the termination of all
proceedings upon the first petition, or any such petition may be
dismissed or withdrawn upon motion of the petitioners therein by their
representatives.
If such territory, petition and proceedings meet the requirements of
this Division, the court shall in, and by the order finding and
determining the sufficiency of the petition and that the territory meets
the requirements of this Division or by a separate order,
order the proposition submitted to referendum in accordance with the
general election law. The clerk of the circuit court shall certify the
order and the proposition to the appropriate election officials who shall
submit the proposition to the voters at an election in accordance with the
general election law.
(c) In addition to the requirements of the general election law,
notice of the referendum shall state briefly the purpose of the referendum
and shall include a description of the
territory. The notice shall further state that any such museum district
upon its establishment shall have the powers, objects and purposes provided
by this Division, including the power to levy a tax of not to
exceed .02 per cent of value, as equalized or assessed by the Department of
Revenue, of all taxable property within the area of the museum district.
Each legal voter residing within the territory shall have a right to cast a
ballot at such election. The proposition shall be in substantially the following form:
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Shall the County Historical Museum District Law be adopted and the.... Historical Museum District be established? YES If established, the Museum District will have the powers, objects and purposes provided - - - - - - - - - - - - - - - - - - - - - -
by the Law, including the power to levy a tax of not to exceed .02 per cent of the value NO of taxable property, as equalized or assessed by the Department of Revenue. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The court shall cause the order
determining and declaring results of the election to be entered of record
in the court and a certified copy thereof shall be filed with
the circuit clerk of each such other county who shall cause the same to
be filed in the records of the court of such county.
(d) If a majority of the voters in any county voting upon the question
of the adoption of this Division and the establishment of a
museum district shall be favorable, the inhabitants thereof shall be deemed
to have accepted the provisions of this Division, and the
territory of the approving county or counties shall thenceforth be deemed
an organized museum district under this Division, having the
name stated in the petition which shall be evidenced by an order to be
entered of record by the court.
(Source: P.A. 86-962 .)
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55 ILCS 5/5-31005
(55 ILCS 5/5-31005) (from Ch. 34, par. 5-31005)
Sec. 5-31005.
Board of trustees.
The affairs of a museum district
shall be managed by a board of 5 trustees. If the museum district is
composed of one county, the trustees shall be residents of the county. If
the museum district is composed of 2 counties, 3 trustees shall be
residents of the county with the larger population and 2 shall be residents
of the other county. If the museum district is composed of 3 counties, one
trustee shall be a resident of the county with the smallest population and
the remaining trustees shall be residents 2 each of the other counties. If
the museum district is composed of 4 counties, 2 trustees shall be
residents of the county with the largest population and the remaining
trustees shall be residents one each of the other counties. If the museum
district is composed of 5 counties, one trustee shall be a resident of each
county.
The chairman of the county board for the county of which the trustee is
a resident shall, with the consent of the county board, appoint
the first trustees who shall hold office for terms expiring on June 30
after one, 2, 3, 4 and 5-year periods respectively as determined
by lot. Successor trustees shall be appointed in the same manner no later
than June 1 prior to the commencement of their terms. Trustees shall be
selected on the basis of their demonstrated interest in
the purpose of the museum district.
Each successor trustee shall serve for a term of 5 years. A vacancy
shall be filled for the unexpired term by appointment of a trustee by the
county board chairman of the county of which the trustee shall be a
resident, with the approval of the county board of that county. When any
trustee during his term of office shall cease to be a bona fide resident of
the museum district, he is disqualified as a trustee and his office becomes
vacant.
Trustees shall serve without compensation but may be paid their actual
and necessary expenses incurred in the performance of official duties.
A trustee may be removed for cause by the county board chairman for the
county of which the trustee is a resident, with the approval of the county
board of that county, but every such removal shall be by a written order
which shall be filed with the county clerk.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31006
(55 ILCS 5/5-31006) (from Ch. 34, par. 5-31006)
Sec. 5-31006.
Organization of board.
Within 60 days after their
appointment, the trustees shall organize by selecting from their number a
president, secretary, treasurer and such other officers as are deemed
necessary who shall hold office for the fiscal year in which elected and
until their successors are selected and qualified. Three trustees shall
constitute a quorum of the board for the transaction of business. The
board shall hold regular monthly meetings. Special meetings may be called
by the president and shall be called on the request of a majority of members.
The board shall provide for the proper and safe keeping of its permanent
records and for the recording of the corporate action of the museum district.
It shall keep in order proper systems of accounts showing a true and accurate
record of its receipts and disbursements, and it shall cause an annual audit
to be made of its books, records, and accounts.
The museum district shall annually make a full and complete report to the
county board of each county within the museum district and to the Illinois
State Museum of its transactions and operations for the preceding year.
Such report shall contain a full statement of its receipts, disbursements
and the program of work for the period covered, and may include such
recommendations as may be deemed advisable.
Executive or ministerial duties may be delegated to one or more trustees
or to an authorized officer, employee, agent, attorney or other
representative of the museum district.
All officers and employees authorized to receive or retain the custody
of money or to sign vouchers, checks, warrants or evidences of indebtedness
binding upon the museum district shall furnish a surety bond for the faithful
performance of their duties and the faithful accounting for all moneys that
may come into their hands in an amount to be fixed and in a form to be approved
by the board.
All contracts for supplies, materials or work involving an expenditure in
excess of $4,000 shall be let to the lowest responsible bidder after due
advertisement except work requiring personal confidence or necessary
supplies under the control of monopolies where competitive bidding is
impossible. All contracts for supplies, materials or work shall be signed
by the president of the board and by any such other officers as the board
in its discretion may designate.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31007
(55 ILCS 5/5-31007) (from Ch. 34, par. 5-31007)
Sec. 5-31007.
Funds.
The board of any museum district, when
requested by the treasurer, shall designate a bank, banks or other
depository in which the funds received by the treasurer may be placed.
Each designated depository shall furnish the museum district with
a copy of all statements of resources and liabilities which it is required
to furnish to the Commissioner of Banks and Real Estate
or to the Comptroller of the Currency. No bank is qualified to receive museum
district funds until it has furnished the museum district with copies of the 2
most recent statements.
The treasurer of the museum district shall be discharged from responsibility
for all funds while they are in a designated bank or
depository, except that the amount of such deposits shall not exceed 75%
of the capital stock and surplus of such bank or depository. The treasurer
shall not be discharged from responsibility for any funds deposited
in excess of such limitation.
When a bank has been designated as a depository it shall continue as such
until 10 days after a new depository is designated and is qualified.
When a new depository is designated, the museum district shall notify the
sureties of the treasurer of that fact in writing at least 5 days before
the transfer of funds.
(Source: P.A. 89-508, eff. 7-3-96.)
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55 ILCS 5/5-31008
(55 ILCS 5/5-31008) (from Ch. 34, par. 5-31008)
Sec. 5-31008.
Ordinances.
All ordinances of the board
imposing any penalty or making any appropriations shall be published at
least once a week for 2 weeks in at least one general circulation newspaper
published in the museum district. If no newspaper of general circulation is
published in the museum district, copies of such ordinances shall be posted
in at least 15 conspicuous public places in the museum district. No such
ordinance shall take effect until 10 days after it is so published or
posted. All other ordinances and resolutions shall take effect from and
after their passage unless otherwise provided therein.
All ordinances, orders and resolutions and the date of their publication
may be proven in court by the certificate of the secretary under the seal
of the museum district and, when printed in book or pamphlet form and
purporting to be published by the museum district, such book or pamphlet
shall be received as evidence of the passage and legal publication of such
ordinances, orders and resolutions as of the dates mentioned in such book or pamphlet.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31009
(55 ILCS 5/5-31009) (from Ch. 34, par. 5-31009)
Sec. 5-31009.
Judicial effect.
The courts of this State
shall take judicial notice of the existence of a museum district
and its jurisdiction. A museum district shall constitute a body corporate
and public and as such may sue and be sued.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31010
(55 ILCS 5/5-31010) (from Ch. 34, par. 5-31010)
Sec. 5-31010.
Consultation.
Every museum district
shall seek the guidance of and consult with the Illinois State Museum and
related agencies on all matters relating to preservation and restoration
policies and plans.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31011
(55 ILCS 5/5-31011) (from Ch. 34, par. 5-31011)
Sec. 5-31011.
Preservation.
Every museum district
shall consider the preservation of natural conditions and protection of any
material which may help to establish or illustrate the history of the
county as part of its principal purpose and shall assist any cities, towns,
villages and institutions to preserve materials.
A museum district may dedicate the preservation of historical
buildings, monuments and markers so as not to conflict with national, State
or other local similar designations.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31012
(55 ILCS 5/5-31012) (from Ch. 34, par. 5-31012)
Sec. 5-31012. Powers of district. To the extent necessary to
carry out the purpose of this Division and in addition to any
other powers, duties and functions vested in museum districts by law, but
subject to limitations and restrictions imposed elsewhere by this
Division or other law, a museum district is authorized and empowered:
(a) To adopt bylaws, adopt and use a common seal, | | enter into contracts, acquire and hold real and personal property and take such other actions as may be necessary for the proper conduct of its affairs.
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(b) To make and publish all ordinances, rules and
| | regulations necessary for the management and protection of its property and the conduct of its affairs.
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(c) To study and ascertain the museum district
| | artifacts and other materials, the need for preserving such resources and providing such facilities and the extent to which such needs are currently being met, and to prepare and adopt coordinated plans to meet such needs.
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(d) To acquire by gift, devise, purchase, lease,
| | agreement or otherwise the fee or any lessor right or interest in real and personal property, and to hold the same with public access for those who wish to examine or study it. The museum district may accept the transfer of any real or personal property owned or controlled by the State of Illinois, the county board, or the governing body of any municipality, district or public corporation and not devoted or dedicated to any other inconsistent public use. In acquiring or accepting land or rights thereto, the museum district shall give due consideration to its historical value or county significance, and no real property shall be acquired or accepted which in the opinion of the museum district and the Illinois State Museum is of low value as to its proposed use.
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(e) To acquire any or all interest in real or
| | personal property by a contract for purchase providing for payment in installments over a period not to exceed 10 years with interest on the unpaid balance owing not to exceed an amount calculated pursuant to the provisions of "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended. The indebtedness incurred under this subsection when aggregated with existing indebtedness may not exceed the debt limits provided in Section 5-31016.
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(f) To classify, designate, plan, develop, preserve,
| | administer and maintain all areas and facilities in which it has an interest and to construct, reconstruct, alter, renew, equip and maintain buildings and other structures. Any work performed on any building, appurtenance, structure or area listed on the National Register of Historic Places or deemed eligible for such listing shall be performed within such guidelines as are established by the Department of Natural Resources.
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(g) To accept gifts, grants, bequests, contributions
| | and appropriations of money and personal property for museum district purposes.
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(h) To employ and fix the compensation of an
| | executive officer who shall be responsible to the board for the implementation of its policies. The executive officer shall have the power, subject to the approval of the board, to employ and fix the compensation of such assistants and employees as the board may consider necessary for the implementation of this Division.
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(i) To charge and collect reasonable fees for the use
| | of such facilities, privileges and conveniences as may be provided.
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(j) To police its property and to exercise police
| | powers in respect thereto or in respect to the enforcement of any rule or regulation provided by its ordinances.
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(k) To lease land for a period not longer than 50
| | years to a responsible person, firm, or corporation for construction, reconstruction, alteration, development, operation and maintenance of buildings, roads, and parking areas. Any work performed on any leased building, structure, appurtenances or area which is listed on the National Register of Historic Places or deemed eligible for such listing shall be performed within such guidelines as are established by the Department of Natural Resources. Upon expiration of any lease of land under this subsection, title to all structures on the leased land shall be vested in the museum district.
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(l) To lease any building or facility constructed,
| | reconstructed, altered, renewed, equipped, furnished, extended, developed, and maintained by the museum district to a responsible person, firm or corporation for operation or development or both, and maintenance for a period not longer than 20 years. Development, maintenance or both of any building, structures, appurtenances or area which is listed on the National Register of Historic Places or deemed eligible for such listing shall be performed within such guidelines as are established by the Department of Natural Resources.
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(m) To make grants to not-for-profit historical
| | clubs, organizations or groups within the county.
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(Source: P.A. 100-695, eff. 8-3-18.)
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55 ILCS 5/5-31013
(55 ILCS 5/5-31013) (from Ch. 34, par. 5-31013)
Sec. 5-31013.
Transfer of property.
No personal or
real property may be disposed of, sold, conveyed or otherwise transferred
except upon approval of 3/5 of the district trustees.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31014
(55 ILCS 5/5-31014) (from Ch. 34, par. 5-31014)
Sec. 5-31014.
Finance.
The fiscal year of each museum
district shall commence July 1 and extend through the following June 30.
The board of each museum district shall, on or before the second
Tuesday in September of each year, adopt a combined annual budget and
appropriation ordinance as provided in The Illinois Municipal Budget Law.
Except as otherwise provided in this Division, a museum
district may annually levy taxes at the following rates and for the
following purposes upon the value of the taxable property within the museum
district as equalized or assessed by the Department of Revenue:
(a) .01% for the general purposes of the museum district,
including acquisition and development of real property which may be in excess
of current requirements and allowed to accumulate from year to year,
to not more than .05% of the equalized assessed value of property within
the museum district.
(b) .01% for acquisition of historic properties both real and personal
which may be in excess of current requirements and allowed to accumulate
from year to year, to not more than .10% of the equalized assessed value of
the property within the museum district. However, this levy may be used
also for the development of real property and for the general purposes of
the museum district.
Unless otherwise provided by law, a museum district may
not levy annual taxes for all its purposes in the aggregate in excess of
.02% of the value, as equalized or assessed by the Department of Revenue,
of the taxable property therein.
After the adoption of the appropriation ordinance and on or before the
second Tuesday in September of each year, the board shall ascertain the
total amount of the appropriations which are to be provided
from tax levies for the current year. Then, by an ordinance specifying
in detail the purposes for which such appropriations have been made and
the amounts appropriated for such purposes, the board shall levy
upon the taxable property within the museum district a tax the proceeds of
which shall not exceed the amount so ascertained. A certified copy of such
ordinance shall be filed on or before the first Tuesday in October with the
clerk of each county within the museum district.
However, if the museum district has levied such tax at a rate lower
than the maximum rate set forth in this Section, the board of trustees may
increase the rate of the tax, but not exceeding such maximum rate, by following the
procedures set forth above in this Section and then by certifying the
proposition of such increase to the proper election officials for
submission to the voters of the museum district at a regular election in
accordance with the general election law. The proposition shall be in
substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the maximum rate of the tax levied by the County YES Historical Museum District for the purposes provided by the - - - - - - - - - - - - - - - - - - - - - - -
County Historical Museum District Law be increased from ....... NO to .......(not to exceed .02%)? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all the votes cast upon the proposition are in favor
thereof, the board of trustees may levy the tax at a rate not to exceed the
rate set forth in this Section.
(Source: P.A. 86-962 .)
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55 ILCS 5/5-31015
(55 ILCS 5/5-31015) (from Ch. 34, par. 5-31015)
Sec. 5-31015.
Donations.
Gifts, contributions and bequests of money
and all licenses, fees, charges and other revenue received or collected by
the museum district shall be deposited in the treasury of the museum
district to be used for the purchase of land, property and equipment and
the payment of expenses incurred in carrying out the activities of the
museum district, except that moneys given upon specified trust shall be
held and applied in accordance with such trust.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31016
(55 ILCS 5/5-31016) (from Ch. 34, par. 5-31016)
Sec. 5-31016.
Indebtedness.
Whenever a museum district does not have
sufficient money in its treasury to meet all necessary expenses and
liabilities, it may issue tax anticipation warrants. Such issue of tax
anticipation warrants shall be subject to the provisions of Section 2 of
"An Act to provide for the manner of issuing warrants upon any county,
township, or other municipal corporation or quasi municipal corporation, or
of any farm drainage district, river district, drainage and levee district,
fire protection district and jurors' certificates", approved June 27, 1913,
as now or hereafter amended.
No museum district shall become indebted in any manner or for any purpose
in an amount, including existing indebtedness, in the aggregate exceeding
.25% of the value, as equalized or assessed by the Department of Revenue,
of the taxable property within the museum district.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31017
(55 ILCS 5/5-31017) (from Ch. 34, par. 5-31017)
Sec. 5-31017. Historical buildings. Nothing in this Division shall
prohibit the museum district from appropriating funds as otherwise provided
in this Division for the construction, equipment, extension, improvement,
operation or maintenance of any historical building, monument or marker.
Provided, however, that any work performed on any historical building,
monument or marker listed on the National Register of Historic Places or
deemed eligible for such listing shall be conducted within such guidelines
as are established by the Department of Natural Resources.
(Source: P.A. 100-695, eff. 8-3-18.)
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55 ILCS 5/5-31018
(55 ILCS 5/5-31018) (from Ch. 34, par. 5-31018)
Sec. 5-31018.
Assistance.
A museum district may apply for and
receive the grant or loan of money or other financial aid necessary for the
undertaking, performance or execution of any of its purposes from any
department or agency of the State or federal government. A museum district
may undertake any of its activities aided by, in cooperation with, or as a
joint enterprise with any department or agency of the State or federal
government or any other museum district, forest preserve district,
conservation district, park district, school district, planning commission,
county board, municipality or other governmental unit.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31019
(55 ILCS 5/5-31019) (from Ch. 34, par. 5-31019)
Sec. 5-31019.
Existing county museum tax levy.
Nothing in this
Division shall be construed to prohibit or modify existing tax levies for
county museums as authorized by Division 6-23.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31020
(55 ILCS 5/5-31020) (from Ch. 34, par. 5-31020)
Sec. 5-31020.
Dissolution.
At least 5% of the voters of a museum
district which has been in existence for at least 3 years may file with
the circuit clerk of the county comprising the museum district or the
county within the museum district having the largest population a petition
addressed to the circuit court of the county requesting dissolution of the
museum district.
A hearing shall be held thereon as nearly as possible as in the case of a
formation petition. If upon the hearing, the court finds that the petition
is sufficient it shall certify the proposition to the proper election
officials, who shall submit the question to the voters at an election in
accordance with the general election law. The proposition shall be
substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the ...... YES Historical Museum District - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
be dissolved? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on the proposition are in favor of
dissolution, the court shall by order declare the museum district dissolved.
If the vote is not in favor of the dissolution of the museum district,
the proposition to dissolve the museum district shall not again be
submitted to a vote for a period of 3 years. If the vote is in favor of
dissolution of the museum district, the board shall close the affairs of
the museum district and all property, excluding real property, shall be
conveyed within 12 months to the Illinois State Museum or to such State or
county agency, State university, community college, private college or
other such semi-public, tax exempt, organization as the district trustees
shall designate upon the approval of the director of the Illinois State
Museum. Any remaining property may then be conveyed to the county board.
The Attorney General of the State of Illinois shall be responsible for the
enforcement of this Division and shall see that no liquidation of any
property acquired by any district established by this Division shall
violate these provisions.
All money remaining after the business affairs of the museum district
have been closed, and its debts and obligations have been paid, shall be
paid to the county comprising the museum district. If the museum district
is located in more than one county, then all such remaining money shall be
paid to each county on a pro rata basis of the assessed value of property
of the museum district located in each county. All conveyances of real
property shall be subject to the approval of the Illinois State Museum.
(Source: P.A. 86-962 .)
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55 ILCS 5/5-31021
(55 ILCS 5/5-31021) (from Ch. 34, par. 5-31021)
Sec. 5-31021.
Construction.
This Division shall be construed as
supplemental and in addition to existing statutory authority and as
providing an independent method of financing the cost of acquiring lands or
rights thereof and holding the same for historical purposes.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31022 (55 ILCS 5/5-31022) Sec. 5-31022. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county in which the district sits if the district contains territory within only one county, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district. The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.
(Source: P.A. 98-1002, eff. 8-18-14.) |
55 ILCS 5/Div. 5-32
(55 ILCS 5/Div. 5-32 heading)
Division 5-32.
Local Improvements
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55 ILCS 5/5-32001
(55 ILCS 5/5-32001) (from Ch. 34, par. 5-32001)
Sec. 5-32001.
Right to make local improvements.
Any county may make
a local improvement outside of a municipality, as defined in Section 1-1-2
of the "Illinois Municipal Code", whenever the public necessity requires
such improvement, subject only to the limitations prescribed in this
Division. This Division shall not be construed as repealing any other laws
with respect to county government, but shall be considered as an additional
grant of power for the purposes herein set out. Any number of streets,
avenues, lanes or alleys, sidewalks, or any other public places, or parts
thereof, or private roads or streets, in platted subdivisions of the county
to be improved may be included in one proceeding, as provided in this
Division, 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. This Division shall not be construed to limit the powers of
municipalities contained in Article 11 of the Illinois Municipal Code.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32002
(55 ILCS 5/5-32002) (from Ch. 34, par. 5-32002)
Sec. 5-32002.
Definitions.
In this Division the following terms have
the meanings ascribed to them unless the context indicates otherwise:
"Local improvements" means the constructing, installing, improving or
extending of storm sewers, sanitary sewers or water mains; the improving,
widening, extending or repairing of any street, highway, road,
boulevard, alley, sidewalk or other public way; the constructing,
installing or repairing of curbs, gutters, street lights and all necessary
appurtenances thereto; or any combination thereof, within or abutting on
any platted subdivision either prior to or after any structures are placed
within such platted subdivision.
"Platted subdivision" is any described tract of land which has been
divided into 2 or more lots or parcels which involved the creation of a new
street and which has been recorded.
"County" means any county in this State which is not a home rule unit.
"Attorney" means the attorney employed by the county committee
of local improvements to furnish the necessary legal services in connection
with any local improvement to be constructed under this Division.
"Engineer" means the engineer employed by the county committee
of local improvements to prepare the necessary plans, estimates and
specifications, and supervise construction of any local improvement to be
constructed under this Division.
"Committee" means the Committee of Local Improvements created by this
Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32003
(55 ILCS 5/5-32003) (from Ch. 34, par. 5-32003)
Sec. 5-32003.
Committee of local improvements.
There is created the
Committee of Local Improvements consisting of the presiding officer of the
County Board, or some person designated by him as his representative for
the purposes of this Committee, the county engineer or superintendent of
highways or administrative head of the county department
of public works as determined by such presiding officer, and 3 members of
the County Board appointed by the presiding officer of the county board
with the advice and consent of the county board. The Committee shall elect
from its members a president, except that the Chairman or President of the
County Board, or his representative, as the case may be is prohibited from
serving in that capacity. The county board shall provide by resolution for
compensation not to exceed $15 per day for each member while performing his
duties as a member of the Committee. The Committee may employ a secretary
who shall keep the minutes of the Committee's proceedings and be the
custodian of all papers pertaining to the business of the Committee and
shall perform all other duties the Committee prescribes.
(Source: P.A. 86-962; 87-217.)
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55 ILCS 5/5-32004
(55 ILCS 5/5-32004) (from Ch. 34, par. 5-32004)
Sec. 5-32004.
Origination of local improvements.
The Committee may
originate a local improvement as defined in this Division anywhere in the
county outside of a municipality, as defined in Section 1-1-2 of the
"Illinois Municipal Code", as amended, such improvement to be paid for by
special assessment, either with or without a petition, by the adoption of a
resolution describing the local improvement abutting or within the platted
subdivision to be so improved. This resolution shall be at once transcribed
into the records of the Committee and shall be presented to the members of
the county board at any regularly scheduled meeting accompanied by a
recommendation from the Committee for the adoption of a resolution by the
county board describing the public way to be so improved.
A resolution adopted without a petition shall be revoked by the county
board without further action on the improvement sought if the owners of
record of more than one-half of the property abutting on or within any
platted subdivision located outside the boundaries of a municipality
object, by petition, by individual objections in writing, or by a
combination of petitions and individual objections. Objections and
petitions against an improvement shall be filed within 30 days of
notification to the owners of record of the assessment.
Proceedings to make a local improvement also may be instituted whenever
the owners of record of one-half the property abutting on or within any
platted subdivision located outside the boundaries of a municipality,
petitions the Committee of the county for a local improvement thereon. The
Committee shall present such petition to the members of the county board at
a regularly scheduled meeting, and recommend the adoption of a resolution
by the board describing the public way to be so improved. If the
resolution is so adopted by the county board, the Committee of local
improvements shall proceed with all of the necessary steps for the
improvement.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32005
(55 ILCS 5/5-32005) (from Ch. 34, par. 5-32005)
Sec. 5-32005.
Applicability of Division.
The provisions
of this Division may be made applicable to improvement of a
private street or road upon petition signed by 3/5 of the owners
of record of properties abutting or served by such private street
or roadway. The petition shall be filed with the Committee and is
subject to the provisions of Section 5-32004 and subsequent
provisions of the Division. Upon completion of the improvement,
the improvement is to be incorporated into the township or district
road system as provided in Section 6-325 of the Illinois Highway Code.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32006
(55 ILCS 5/5-32006) (from Ch. 34, par. 5-32006)
Sec. 5-32006.
Public hearing on resolution.
After the adoption of
the resolution for a local improvement as provided for in this Division,
the Committee by a resolution shall fix a day and hour for a public hearing
thereon. The hearing shall be not less than 10 days after the adoption of
the resolution. The Committee shall also have an estimate of the cost of
the improvement made in writing and signed by the president. This estimate
shall be itemized to the satisfaction of the Committee and shall be made a
part of the records of the resolution.
Notice of the time, place and hour of the proposed hearing shall be sent
by mail directed to all persons who paid the general taxes for the last
preceding year on each lot, block, tract or parcel of land fronting on the
proposed improvement and to all municipalities the boundaries of which lie
within one and one-half miles from the location of the proposed local
improvement not less than 5 days prior to the time set for the public
hearing.
These notices shall contain
1. The substance of the resolution adopted by the Committee;
2. The estimate of the cost of the proposed improvement;
3. A notification that the nature, extent, kind, character and the
estimated cost of the proposed improvement may be changed by the Committee
at the public hearing thereon.
If, upon the hearing the Committee considers the proposed improvement
desirable it shall adopt a resolution and prepare and submit an ordinance
therefor.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32007
(55 ILCS 5/5-32007) (from Ch. 34, par. 5-32007)
Sec. 5-32007.
Conduct of public hearing.
At the time and place fixed
in the specified notice for the public hearing, the Committee shall meet
and hear the representations of any person desiring to be heard on the
subject of the necessity for the proposed improvement, the nature thereof,
or the cost as estimated. In case any person appears to object to the
proposed improvement or any of the elements thereof at the public hearing
the Committee shall adopt a new resolution abandoning the proposed
improvement or adhering thereto or changing, altering or modifying the
extent, nature, kind, character and estimated cost provided the change does
not increase the estimated cost of the improvement to exceed 20% of such
cost without a further public hearing thereon as it considers most desirable.
Thereupon, if the proposed improvement is not abandoned, the Committee
shall have an ordinance prepared to be submitted to the county board at a
regularly scheduled meeting. This ordinance shall prescribe the nature,
character, locality and description of the improvement and shall provide
that the improvement shall be made wholly by special assessment of
contiguous abutting property.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32008
(55 ILCS 5/5-32008) (from Ch. 34, par. 5-32008)
Sec. 5-32008.
Recommendation of improvement.
Accompanying
any ordinance for a local improvement presented by the Committee
shall be a recommendation of such improvement by the Committee
signed by at least a majority of the members thereof. The
recommendation by the Committee shall be prima facie evidence
that all of the requirements of the law have been complied with.
If a variance is shown in the proceedings in the Court it shall
not affect the validity of the proceedings unless the court
considers the variance willful or substantial.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32009
(55 ILCS 5/5-32009) (from Ch. 34, par. 5-32009)
Sec. 5-32009.
Estimate of cost of improvement.
An estimate of the cost of the improvement including the cost of
engineering services as originally contemplated or as changed, altered, or
modified at the public hearing itemized so far as the Committee thinks
necessary shall be presented along with the ordinance and the
recommendation. This estimate of cost shall be presented over the signature
of the President of the Committee, who shall certify that, in his opinion,
the estimate of cost does not exceed the probable cost of the improvement
proposed and lawful expenses attending the improvement. The recommendation
by the Committee shall be prima facie evidence that it is based upon full
compliance with the requirements of the Division.
No ordinance for any local improvement to be paid for by special
assessment shall be considered or passed as provided for herein unless the
ordinance is first recommended by the Committee.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32010
(55 ILCS 5/5-32010) (from Ch. 34, par. 5-32010)
Sec. 5-32010.
Petition for levy of special assessment.
Upon the passage of any ordinance for a local improvement pursuant
thereto, a petition shall be filed in the circuit court in the county where
the affected territory lies praying that steps be taken to levy a special
assessment for the improvement in accordance with the provisions of that
ordinance. There shall be attached to or filed with this petition a
certified copy of the ordinance and a copy of the recommendation of the
Committee and the estimate of cost as approved. The failure to file any or
either of these copies shall not affect the jurisdiction of the court to
proceed in the cause and to act upon the petition, but if it appears in any
such cause that the copies have not been attached to or filed with the
petition, before the filing of the assessment roll therein, then upon
motion of any objector for that purpose on or before appearance day in the
cause the entire petition and the proceedings shall be dismissed.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32011
(55 ILCS 5/5-32011) (from Ch. 34, par. 5-32011)
Sec. 5-32011.
Manner of assessment.
Upon the filing of such a
petition the President of the Committee shall appoint some competent person
who is a resident and elector of the county to make a true and impartial
assessment of, the cost of the specified improvement upon the property
benefited by the improvement.
The levying officer shall apportion and assess the amount found to be of
benefit to the property contiguous or abutting upon the improvement upon
the several lots, blocks, tracts and parcels of land in the proportion in
which they will severally be benefited by the improvement. No lot, block,
tract or parcel of land shall be assessed a greater amount than it will
actually be benefited. In levying any special assessment each lot, block,
tract or parcel of land shall be assessed separately in the same manner as
upon the assessment for general taxation.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32012
(55 ILCS 5/5-32012) (from Ch. 34, par. 5-32012)
Sec. 5-32012.
Assessment roll.
The assessment and the amount as found by the levying officer shall be
known as the assessment roll. It shall contain,
1. A list of all of the lots, blocks, tracts and parcels of land
assessed for the proposed improvement;
2. The amount assessed against each;
3. The name of the person who paid the taxes on each such parcel during
the last preceding calendar year, in which taxes were paid as ascertained
upon investigation by the levying officer making the return or under his
direction;
4. The residence of the person so paying the taxes on each such parcel
if the residence on diligent inquiry can be found;
5. The amount of each installment shall also be stated.
The levying officer making the roll shall certify under oath that he
believes that the amount assessed against each parcel of property is just
and equitable and does not exceed the benefit which in each case will be
derived from the improvement, and that no lot, block, tract or parcel of
land has been assessed more than its proportionate share of the cost of the
improvement. Each lot or part of land owned and improved as one parcel may
be assessed as one parcel.
Notice shall be given by the levying officer of the nature of the
improvement, of the pendency of the proceedings, of the time and place of
the filing of the petition therefor, of the time and place of the filing of
the assessment roll and of the time and place at which application will be
made for the confirmation of assessment, the same to be not less than 15
days after the mailing of such notices. Notices shall be sent by mail
postage prepaid to each of the specified persons paying taxes on the
respective parcels during the last preceding year during which taxes were
paid at his residence as shown on the Assessment Roll. The notice shall
include the legal description of the property assessed, the amount assessed
to the person to whom it is directed for the improvement proposed and the
total amount of the improvement. An affidavit shall be filed before the
final hearing showing a compliance by the levying officer with the
requirements of this Division, and also showing that the
levying officer or some one acting under his direction made a careful
examination of the collector's books, showing the payment 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 parcel and a diligent
search for his residence and that the report clearly states the person and
residence as ascertained by the affiant. This report and affidavit shall be
sufficient evidence for the purpose of this proceeding of the correctness
of the assessment roll in these particulars. In case the affidavit is found
in any respect willfully false, the person making it is guilty of perjury.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32013
(55 ILCS 5/5-32013) (from Ch. 34, par. 5-32013)
Sec. 5-32013.
Installments; interest.
The ordinance provided for in
this Division shall provide that the aggregate amounts assessed in each
individual assessment shall be divided into
installments not more than 10 in number. Such division shall be made so
that all installments shall be equal in amount except that all fractional
amounts shall be added to the first installment so as to leave the
remaining of the aggregate equal in amount and each a multiple of $100. The
first installment shall be due and payable on January 2 next, after the
date of the first voucher issued on account of construction work done, and
the second installment one year thereafter and so on annually until all
installments are paid. The Committee shall file in the office of the Clerk
of the Circuit Court in which such assessment was confirmed a certificate
signed by its secretary of the date of the first voucher and the amount
thereof within 30 days after the issuance thereof. All installments shall
bear interest as hereinafter provided until paid at the rate of not to
exceed 7% annually. Interest on assessments shall begin to run from the
date of the first voucher issued on account of construction work done. The
interest on each installment shall be paid as follows: On January 2, next
succeeding the date of the first voucher as certified the interest accruing
up to that time on all unpaid installments shall be due and payable with
the installment, and thereafter the interest on all unpaid installments
then payable shall be payable annually and be collected therewith. In all
cases the County Collector, whenever payment is made on any installment,
shall 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 with interest as herein provided up to the date of the
payment.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32014
(55 ILCS 5/5-32014) (from Ch. 34, par. 5-32014)
Sec. 5-32014.
Special assessment notice.
The
Committee in addition to the notice in this Division provided for shall
publish a notice at least twice not more than 30 days nor less than 15 days
in advance of the time at which the confirmation of the specified
assessment is to be sought, in one or more newspapers published in the
county or if no newspaper is published therein then in one or more
newspapers with a general circulation in the county. The notice shall be
over the name of the levying officer and shall be substantially as follows:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given to all persons interested that the County of ....
has order that (herein insert a brief description of the nature of the
improvement), the ordinance for the improvement being on file in the office
of the County Clerk, having applied to the Circuit Court of .... County,
for an assessment of the costs of the improvement according to benefits an
assessment therefor having been made and returned to that Court, a final
hearing thereon will be had on (insert date), or as soon thereafter as the
business of the Court will permit.
All persons desiring may file objections in that Court before that day
and may appear on the hearing and make their defense.
(Here give date)
NAME
.... (LEVYING OFFICER)."
The number of installments and the rate of interest also shall be stated.
(Source: P.A. 91-357, eff. 7-29-99.)
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55 ILCS 5/5-32015
(55 ILCS 5/5-32015) (from Ch. 34, par. 5-32015)
Sec. 5-32015.
Extension of time for filing objections.
If 15 days have not elapsed between the first publication and the day
fixed in the notice for filing objections, the cause shall be continued for
15 days, and time for filing objections shall be correspondingly extended.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32016
(55 ILCS 5/5-32016) (from Ch. 34, par. 5-32016)
Sec. 5-32016.
Filing objections to report; default.
Any person
interested in any real estate to be affected by an assessment, may appear
and file objections to the report by the time mentioned in the specified
notice, or in case of incomplete notice than as specified in Section
5-32015, or within such further time as the court may allow. The court may
make an order in regard to the time of filing these objections but no prior
rule need be taken therefor unless directed by the court.
As to all lots, blocks, tracts and parcels of land, to the assessment of
which objections are not filed within the specified time, or such other
time as may be ordered by the court, default may be entered and the
assessment may be confirmed by the court, notwithstanding the fact that
objections may be pending and undisposed of as to other property.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32017
(55 ILCS 5/5-32017) (from Ch. 34, par. 5-32017)
Sec. 5-32017.
Inquiries; powers of court.
Upon objections or motions for that purpose, the court in which the
specified proceeding is pending may inquire in a summary
way whether the
officer making roll has omitted any property benefited, and whether or not
the assessment as made and returned is an equitable and just distribution
of the cost of the improvement among the parcels of property assessed. The
court has the power upon such application being made, to revise and correct
the assessment levied or to change the manner of distribution among the
parcels of private property, so as to produce a just and equitable
assessment. The court may either make such corrections or change or
determine in general the manner in which the corrections or changes shall
be made and refer the assessment roll back to the levying officer for
revisions, corrections or alterations in such manner as the court may
determine.
(Source: P.A. 91-357, eff. 7-29-99.)
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55 ILCS 5/5-32018
(55 ILCS 5/5-32018) (from Ch. 34, par. 5-32018)
Sec. 5-32018.
Hearing.
On the application of the petitioner, at any time after the return day,
the court may set down all objections, except the objection that the
property of the objector will not be benefited to the amount assessed
against it, and that it is assessed more than its proportionate share of
the cost of the improvement, for a hearing at a time to be fixed by the
court. Upon this hearing the court shall determine all questions relating
to the sufficiency of the proceedings and of the benefits between the
different parcels of property assessed, together with all other questions
arising in that proceeding, with the exception specified, and shall
thereupon enter an order in accordance with the conclusions it reaches. But
this order shall not be a final disposition of any of these questions for
the purpose of appeal, unless the objectors waive further controversy as to
the remaining question upon the record.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32019
(55 ILCS 5/5-32019) (from Ch. 34, par. 5-32019)
Sec. 5-32019.
Proceedings.
If it is objected to on the part of any property assessed for such an
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 the improvement, and a jury is not waived by agreement of the
parties, the court shall impanel a jury to try that issue. In that case
unless otherwise ordered by the court, all such objections shall be tried
and disposed of before a single jury. The assessment roll, as returned by
the officer who made it, or as revised and corrected by the court on the
hearing of the legal objections, shall be prima facie evidence of the
correctness of the amount assessed against each objected owner but shall
not be counted as the testimony of any witness or witnesses in the cause.
That assessment roll may be submitted to the jury and may be taken into the
jury room by the jury when it retires to deliberate on its verdict. Either
party may introduce such other evidence as may bear upon that issue or
issues. The hearing shall be conducted as in other civil cases. If it
appears that the property of any objector is assessed more than it will be
benefited by the specified improvement, or more than its proportionate
share of the cost of the improvement, the jury shall so find, and it shall
also find the amount for which that property ought to be assessed, and
judgment shall be rendered accordingly.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32020
(55 ILCS 5/5-32020) (from Ch. 34, par. 5-32020)
Sec. 5-32020.
Distribution of deficiency.
Whenever, on a hearing by the court or before a jury, the amount of any
assessment is reduced or cancelled, so that there is a deficiency in the
total amount remaining assessed in the proceeding, the court may, in the
same proceeding, distribute this deficiency upon the other property in the
district assessed, in such manner as the court finds just and equitable,
not exceeding, however, the amount such property will be benefited by the
specified improvement.
In case any portion of this deficiency is charged against such property
not represented in court, a new notice, of the same nature as the original
notice, shall be given in like manner as the original notice, to show the
cause why the assessment, as thus increased, should not be confirmed. The
owners of or parties interested in such property have the right to object
in the same form and with the same effect as in case of the original
assessment, and the court has the same power to dispose thereof.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32021
(55 ILCS 5/5-32021) (from Ch. 34, par. 5-32021)
Sec. 5-32021.
Time for hearing.
The hearing in all the cases arising
under this Division, may be had at such time as the court may designate,
and such proceedings shall have precedence over all other cases in any
court, where they are brought, except criminal cases, or other cases in
which the public is a moving party.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32022
(55 ILCS 5/5-32022) (from Ch. 34, par. 5-32022)
Sec. 5-32022.
Additional powers of court.
The court before which any
such proceedings may be pending may modify, alter, change, annul, or
confirm any assessment returned as specified, in addition to the authority
already conferred upon it, and may take all such proceedings, and make all
such orders, as may be necessary to the improvement, according to the
principles of this Division, and may from time to time, as may be
necessary, continue the application for that purpose as to the whole or any
part of the premises.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32023
(55 ILCS 5/5-32023) (from Ch. 34, par. 5-32023)
Sec. 5-32023.
Effect of similar improvements previously made in
same locality. It is no objection to the legality of any local
improvement that a similar improvement has been previously made in the same
locality, if the ordinance therefor is recommended by the Committee as
above provided, but nothing contained in this Division shall interfere with
any defense in this proceeding relating to the benefits received therefrom.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32024
(55 ILCS 5/5-32024) (from Ch. 34, par. 5-32024)
Sec. 5-32024.
Confirmation of assessment roll.
In case of a special assessment to be paid by installments under the
provisions of this Division, the order of confirmation that is
entered upon the return of the assessment roll shall apply to all of the
installments thereof, and may be entered in one order.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32025
(55 ILCS 5/5-32025) (from Ch. 34, par. 5-32025)
Sec. 5-32025.
Review; effect of judgments.
The
judgments of the court shall be final as to all the issues involved,
and the proceedings in the specified cause shall be subject to review by
appeal as provided in this Division and not otherwise. However,
by mutual consent such a judgment may be vacated or modified
notwithstanding the expiration of 30 days from the rendition of the
judgment, except as provided in this Division.
Such judgment shall have the effect of several judgments as to each
tract or parcel of land assessed, and no appeal from any such judgment
shall invalidate or delay the judgments, except as to the property
concerning which the appeal is taken.
Such judgment shall be a lien on behalf of the county making any
improvement, for the payment of which the special assessment is levied,
on the property assessed from the date thereof, to the same extent and
of equal force and validity as a lien for the general taxes until the
judgment is paid or the property against which any such judgment is
entered is sold to pay the judgment.
Nothing in this Division shall interfere with the right of
the petitioner to dismiss its proceedings, and for that purpose to vacate
such a judgment at its election at any time before commencing the actual
collection of the assessment. The court in which the judgment is
rendered shall enter an order vacating or annulling the judgment of
confirmation on motion of the petitioner entered at any time after the
expiration of 30 days from the rendition of that judgment of
confirmation upon a showing by petitioner that no contract was let or
entered into for the making of the specified improvement within the time
fixed by law for the letting of the contract, or that the making of the
improvement under the original proceeding was never commenced, or that
the making of the improvement under the prior proceeding was never
commenced, or that the making of the improvement under the prior
proceedings was abandoned by petitioner. No judgment entered in such a
proceeding so dismissed and vacated shall be a bar to another like or
different improvement. However, after the contract for the work has been
entered into, or the improvement bonds have been issued, no judgment
shall be vacated or modified or any petitioner dismissed after the
expiration of 30 days from the rendition of the judgment, nor shall the
collection of the assessment be in any way stayed or delayed by the
Committee, or any officer of the county without the consent of the
contractor or bondholder.
The county may file a complaint to foreclose the lien of special
assessment in the same manner that foreclosures are permitted by law in
cases of delinquent general taxes. However, no forfeiture of the
property shall be required as a prerequisite for such foreclosure.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32026
(55 ILCS 5/5-32026) (from Ch. 34, par. 5-32026)
Sec. 5-32026.
Supplemental assessment.
At any
time after the bids have been received pursuant to the provisions of this
Division, if it appears to the satisfaction of the Committee that the
first assessment is insufficient to pay the contract price or the bonds or
vouchers issued or to be issued in payment of the contract price, together
with the amount required to pay the accruing interest thereon, the
Committee shall make and file an estimate of the amount of the deficiency.
Thereupon a second or supplemental assessment for the estimated deficiency
of the cost of the work and interest may be made in the same manner as
nearly as may be as in the first assessment, and so on until sufficient
money has been realized to pay for the improvement and the interest. It
shall be no objection to the supplemental assessment that the prior
assessment has been levied, adjudicated and collected unless it appears
that in that prior cause upon proper issue made, it was specially found in
terms, that the property objected for would be benefited by the improvement
no more than the amount assessed against it in that prior proceeding. If
too large a sum is raised at any time, the excess shall be refunded ratably
to those against whom the assessment was made.
But if the estimated deficiency exceeds 10% of the original estimate, no
contract shall be awarded until a public hearing has been held on the
supplemental proceeding in like manner as in the original proceedings. No
more than one supplemental assessment shall be levied to meet any
deficiency where the deficiency is caused by the original estimate being
insufficient.
However, the petitioner, in case it so elects, may dismiss the petition
and vacate the judgment of confirmation at any time after the judgment of
confirmation is rendered, and begin new proceedings for the same or a
different improvement.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32027
(55 ILCS 5/5-32027) (from Ch. 34, par. 5-32027)
Sec. 5-32027.
New assessment.
If from any cause any county fails to collect the whole or any portion
of any special assessment which may be levied, which is not cancelled or
set aside by order of any court, for any public improvement authorized to
be made and paid for by a special assessment, the Committee, at any time
within 5 years after the confirmation of the original assessment, may
direct a new assessment to be made upon the delinquent property for the
amount of the deficiency and interest thereon from the date of the original
assessment, which assessment shall be made, as nearly as may be, in the
same manner as is prescribed in this Division for the first assessment. In
all cases where partial payments have been made on such former assessments,
they shall be credited or allowed on the new assessment to the property for
which they were made, so that the assessment shall be equal and impartial
in its results. If this new assessment proves insufficient, either in whole
or in part, the Committee at any time within the specified period of 5
years, may order a third to be levied, and so on in the same manner and for
the same purpose. It shall constitute no legal objections to any new
assessments that the property may have changed hands, or been encumbered
subsequent to the date of the original assessment.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32028
(55 ILCS 5/5-32028) (from Ch. 34, par. 5-32028)
Sec. 5-32028.
Certification of assessment roll; collection of
assessments. Within 30 days after the filing of the report of the amount
and date of the first voucher issued on account of construction work done,
the clerk of the court in which such judgment is rendered shall certify the
assessment roll and judgment to the township collector or county collector
authorized to collect the special assessment, or if there has been an
appeal taken on any part of the judgment, he shall certify such part of
the judgment as is not included in that appeal. This certification shall be
filed by the officer receiving it in his office. With the assessment roll
and judgment the clerk of the designated court shall also issue a warrant
for the collection of the assessment. The court has the power to recall
such warrants as to all or any of the property affected at any time before
payment or sale, in case the proceedings are abandoned by the petitioner or
the judgment is vacated or modified in a material respect as hereinbefore
provided, but not otherwise. In case the assessment roll has been abated
and the judgment reduced, the clerk of the designated court, within 30 days
thereafter, shall certify the order of reduction or the roll as so reduced
or recast under the direction of the court to the county collector
authorized to collect the special assessment, and shall issue a warrant for
the collection of the assessment as so reduced or recast.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32029
(55 ILCS 5/5-32029) (from Ch. 34, par. 5-32029)
Sec. 5-32029.
Effect of appeal on part of judgment; warrant.
If an appeal is taken on any part of such judgment and if the Committee
elects to proceed with the improvement, notwithstanding such an appeal, the
clerk shall certify the appealed portion, from time to time, in the manner
above-mentioned, as the judgment is rendered thereon, and the warrant
accompanying this certificate in each case shall be authority for the
collection of so much of the assessment as is included in the portion of
the roll thereto attached.
The warrant in all cases of assessment under this Division, shall contain
a copy of the certificate of the judgment, describing lots, blocks, tracts
and parcels of land assessed so far as they are contained in the portion of
the roll so certified and shall state the respective amounts assessed on
each lot, block, tract or parcel of land, and shall be delivered to the
officer authorized to collect the special assessment. The collector having
a warrant for any assessment levied to be paid by installments, may receive
any or all of the installments of that assessment, but if he receives only
a part of the installment, then he shall receive them in their numerical
order.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32030
(55 ILCS 5/5-32030) (from Ch. 34, par. 5-32030)
Sec. 5-32030.
Notice by collector.
The collector, or some person
designated by him and under his direction, receiving such a warrant shall
give notice thereof within 10 days by publishing a notice once each week
for 2 successive weeks in one or more newspapers published in the county or
if no newspaper is published therein then in one or more newspapers with a
general circulation in the county. This notice shall be in the form
substantially as follows:
SPECIAL ASSESSMENT NOTICE
Special Warrant No.
NOTICE: Publication is hereby given that the (here insert title of
court) has rendered judgment for a special assessment upon property
benefited by the following improvement: (here describe the character, and
location of the improvement in general terms) as will more fully appear
from the certified copy of the judgment on file in my office; that the
warrant for the collection of this assessment is in my possession. All
persons interested are hereby notified to call and pay the amount assessed
at the collector's office (here insert location of office) within 30 days
from the date hereof.
Dated (insert date).
When such an assessment is levied to be paid in installments, the notice
shall contain also the amount of each installment, the rate of interest
deferred installments bear and the date when payable.
The collector or some person designated by him and under his direction,
into whose possession the warrant comes shall by written or printed notice,
mailed to all persons whose names appear on the assessment roll inform them
of the special assessment and request payment thereof.
Any collector omitting to do so is liable to a penalty of $10 for any
such omission, but the validity of the special assessment or the right to
apply for and obtain judgment thereon is not affected by such an omission.
It is the duty of such collector to write the word "Paid" opposite each
tract or lot on which the assessment is paid, together with the name and
post office address of the person making the payment and the date of the
payment.
(Source: P.A. 91-357, eff. 7-29-99.)
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55 ILCS 5/5-32031
(55 ILCS 5/5-32031) (from Ch. 34, par. 5-32031)
Sec. 5-32031.
Payment of moneys collected.
The county collector
where that officer is authorized to collect the warrants by general law
shall pay over to the county treasury all moneys collected by him by virtue
of such warrants or upon any sale for taxes or otherwise at such time or
times and in such manner as is fixed by law.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32032
(55 ILCS 5/5-32032) (from Ch. 34, par. 5-32032)
Sec. 5-32032.
Report of delinquent special assessments.
The collector shall, on or before the 15th day of August in each year,
make a report in writing to the general office of the county in which the
respective lots, tracts and parcels of land are situated, authorized by the
general revenue laws of this State to apply for judgment and sell lands for
taxes due the county and State, of all the land, town lots, and real
property on which he has been unable to collect special assessments or
installments thereof matured and payable, or interest thereon, or interest
due to the preceding January 2 on installments not yet matured on all
warrants in his possession, with the amount of those delinquent special
assessments or installments and interest, together with his warrants; or,
in case of an assessment levied to be paid by installments, with a brief
description of the nature of the warrant or warrants received by him
authorizing the collection thereof. This report shall be accompanied with
the oath of the collector (1) that the list is a correct return and report
of the land, town lots, and real property on which the special assessment
(levied by the authority of the county of ....), or installments thereof,
or interest remains due and unpaid, (2) that he is unable to collect the
same, or any part thereof, and (3) that he has given the notice required by
law that the specified warrants have been received by him for collection.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32033
(55 ILCS 5/5-32033) (from Ch. 34, par. 5-32033)
Sec. 5-32033.
Applicability of general revenue laws.
The general
revenue laws of this State with reference to proceedings to recover
judgment for delinquent taxes, the sale of property thereon, the execution
of certificates of sale and deeds thereon, the force and effect of such
sales and deeds, and all other laws in relation to the enforcement and
collection of taxes, and redemption from tax sales, shall be applicable to
proceedings to collect the special assessment provided for in this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32034
(55 ILCS 5/5-32034) (from Ch. 34, par. 5-32034)
Sec. 5-32034.
Contractor's claim or lien on special assessments.
No person obtaining contracts from the county and agreeing to be paid
out of special assessments, has any claim or lien upon the county in any
event, except from the collection of special assessments made or to be made
for the work contracted for. However, the county shall cause collections
and payments to be made with all reasonable diligence. If it appears that
such an assessment cannot be levied or collected the county nevertheless,
is not in any way liable to a contractor in case of failure to collect the
assessment, but so far as it can legally do so, with all reasonable
diligence, shall cause a valid assessment or assessments to be levied and
collected to defray the cost of the work until all contractors are fully
paid. Any contractor is entitled to the summary relief of mandamus or
injunction to enforce the provisions of this Section.
The county treasurer shall keep a separate account of each special
assessment warrant number, and of the moneys received thereunder.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32035
(55 ILCS 5/5-32035) (from Ch. 34, par. 5-32035)
Sec. 5-32035.
Contracts for work or public improvements.
Any work or
other public improvement to be paid for by special assessment shall be
constructed by contract let to the lowest responsible bidder in the manner
prescribed in this Division. Such contract shall be approved by the Committee.
Within 90 days after judgment of confirmation of any special assessment
levied in pursuance of this Division has been entered, if there
is no appeal perfected, or other stay of proceedings by a court having
jurisdiction, or the judgment of confirmation as to any property is
appealed from, then if the petitioner files in the case a written election
to proceed with the work, notwithstanding the appeal, or other stay, steps
shall be taken to let the contract for the work in the manner provided in
this Division. If the judgment of confirmation of the special
assessment levied for the work is appealed from, or stayed by order of
court having jurisdiction, and the petitioner files no such election then
the steps provided in this Division for the letting of the
contract for the work shall be taken within 15 days after the final
determination of the appeal, or the determination of the stay, unless the
proceeding is abandoned as provided in this Division.
(Source: P.A. 86-962.)
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