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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 5/11-84-3
(65 ILCS 5/11-84-3) (from Ch. 24, par. 11-84-3)
Sec. 11-84-3.
Such an ordinance may provide that a bill of the costs of the
sidewalk, showing the cost of the construction or repair and supervision
thereof, shall be made by the officer or board designated by the ordinance
to take charge of the construction or repair of the sidewalk, together with
a list of the lots, blocks, tracts, or parcels of land touching upon the
line of the sidewalk, the names of the parties who last paid the general
taxes on the respective lots, blocks, tracts, or parcels and the frontage,
superficial area, or assessed value as specified in Section 11-84-1,
according as the ordinance may provide for the levy of the cost by the
frontage, superficial area or assessed value.
Thereupon, if the owner of any lot, block, tract, or parcel of land has
failed or refused to construct or repair his portion of the sidewalk in
accordance with the provisions of the ordinance, the specified officer or
board shall proceed to prepare a special tax list against those lots,
blocks, tracts or parcels of land in front of or touching upon which the
sidewalk has not been constructed or repaired, ascertaining by computation
the amount of special taxes and the annual installments thereof to be
charged against each of those lots, blocks, tracts, or parcels of land on
account of the construction or repair of the sidewalk, according to the
rule fixed for the levy of that special tax by the ordinance.
This special tax list shall be filed in the office of the specified
officer or board, and this officer or board shall thereupon issue warrants
directed to the municipal collector, or to such officer as may be
designated in the ordinance, for the collection of the amount of special
tax so ascertained and appearing from this special tax list to be due from
the respective lots, blocks, tracts, or parcels of land touching upon the
line of the sidewalk. However, the aggregate amount of each special tax
shall be divided into 5 annual installments of equal amounts, except that
all fractional amounts shall be added to the first installment, so as to
leave the remaining installments equal in amount and each a multiple of
$100.
The first installment shall be due and payable on the second day of
January next after the date of the first voucher issued on account of the
work done, and the second installment one year thereafter, and so on
annually until all installments are paid. The specified officer or board
shall file in the office of the municipal collector, or such officer as may
be designated to collect the tax, a certificate, signed by the officer or
secretary of the board preparing the tax list, of the date of the first
voucher and of the amount thereof within 30 days after the issuance
thereof.
All the installments shall bear interest as provided in this section
until paid, at the rate of not to exceed 6% annually. Interest on
assessments shall begin to run from the date of the first voucher issued on
account of work done. The interest on each installment shall be payable as
follows: On the second day of January next succeeding the date of the first
voucher as certified, the interest accrued up to date on all unpaid
installments shall be due and payable and it shall be collected with the
installment. Thereafter the interest on all unpaid installments shall be
payable annually and be due and payable at the same time as the installment
maturing in that year and be collected therewith.
In all cases the municipal collector, or the officer designated to
collect the tax, whenever payment is made of any installment, shall collect
all interest that is due up to the date of that payment, whether the
payment is made at or after maturity. Any person may at any time pay the
whole assessment against any lot, block, tract or parcel of land, or any
installment thereof, with interest as provided in this section up to the
date of payment. The municipal collector, or the officer designated to
collect the tax, shall proceed to collect the warrants by mailing a written
notice to the address of the party who last paid the general taxes on the
respective lots, blocks, tracts, or parcels of land in the list, that the
tax list is in his possession for collection. All money so collected shall
be immediately paid over by that officer to the municipal treasurer of that
municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-4
(65 ILCS 5/11-84-4) (from Ch. 24, par. 11-84-4)
Sec. 11-84-4.
Upon failure to collect the special tax as hereinbefore
provided in this Division 84, the municipal collector, or the officer
designated to collect the tax on or before the first day of August in each
year, shall make a written report of this special tax to such general
officer of the county as may be authorized by law to apply for judgment
against and sell lands for taxes due the county or state. This report shall
also contain an enumeration of (1) all the lots, blocks, tracts, or parcels
of land upon which this special tax remains unpaid, (2) the names of the
respective owners thereof, so far as the names are known to the collecting
officer, (3) the amount due and unpaid upon each lot, block, tract, or
parcel and (4) a copy of the ordinance ordering the construction of the
sidewalk. This report shall be accompanied by the oath of the officer that
the list is a correct return of the lots, blocks, tracts, or parcels of
land on which the special tax levied by authority of the municipality for
the cost or partial cost, as the case may be, of the sidewalk specified in
that ordinance remains due and unpaid, and that the amounts therein stated
as due and unpaid, have not been collected, nor any part thereof. This
report, when so made, is prima facie evidence that all the forms and
requirements of the law in relation to making that return have been
complied with, and that the special tax, as mentioned in the report, is due
and unpaid.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-5
(65 ILCS 5/11-84-5) (from Ch. 24, par. 11-84-5)
Sec. 11-84-5.
When the specified general officer of the county receives
such a report, he shall at once proceed to obtain judgment against the
lots, blocks, tracts, or parcels of land enumerated therein for the special
tax remaining due and unpaid, in the same manner as may be provided by law
for obtaining judgment against land for taxes due and unpaid to the county
and state, and in the same manner shall proceed to sell the same for the
special tax due and unpaid. In obtaining this judgment, and making this
sale, the specified officer shall be governed by the general revenue laws
of Illinois, except when otherwise provided in this Division 84. The
general revenue laws shall also apply to the execution of certificates of
sales and deeds, and to the force and effect of these sales and deeds. All
other laws in relation to the enforcement and collection of taxes, and
redemption from tax sales, shall apply to proceedings to collect this
special tax, except as otherwise provided in this Division 84.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-6
(65 ILCS 5/11-84-6) (from Ch. 24, par. 11-84-6)
Sec. 11-84-6.
Whenever payment of the cost of such sidewalk is required to
be made in part by special tax and in part out of any general fund of the
municipality, and the owner of a lot, block, tract, or parcel of land
constructs or repairs the sidewalk in accordance with the ordinance for its
construction or repair the officer or board directed by the ordinance to
superintend the construction or repair thereof shall thereupon have issued
to that owner, an order on the municipal treasurer for the cost of the
construction or repair of the sidewalk, less the amount of special tax
chargeable to the lot, block, tract, or parcel of land of that owner on the
line of which the sidewalk has been so constructed or repaired.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-7
(65 ILCS 5/11-84-7) (from Ch. 24, par. 11-84-7)
Sec. 11-84-7.
Except as herein otherwise provided for municipalities of
more than 500,000 population, all contracts for the construction or repair
of sidewalks as provided in this Division 84, when the expense thereof
exceeds $1,500, shall be let to the lowest responsible bidder in the
following manner: Notice shall be given by the officer or board designated
in the ordinance to take charge of the construction or repair and
supervision of a sidewalk, by advertisement at least twice, not more than
30 nor less than 15 days in advance of the day of opening the bids, that
bids will be received for the construction or repair of that sidewalk in
accordance with the ordinance therefor, in one or more newspapers published
within the municipality, or if no newspaper is published therein, then in
one or more newspapers with a general circulation within the municipality.
In municipalities with less than 500 population in which no newspaper is
published, publication may instead be made by posting a notice in 3
prominent places within the municipality. The notice shall state the time
of opening the bids. All bids offered shall be accompanied by cash or a
check payable to the order of the officer or board having charge of the
improvement, and certified by a responsible bank, for an amount which shall
not be less than 10% of the aggregate of the bid. All contracts shall be
approved by the officer, or the presiding officer of the board, having the
supervision of the construction or repair of that sidewalk.
In municipalities of more than 500,000 population, the letting of
contracts for the construction or repair of sidewalks as provided in this
Division 84 shall be governed by the provisions of Division 10 of Article
8.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-8
(65 ILCS 5/11-84-8) (from Ch. 24, par. 11-84-8)
Sec. 11-84-8.
If a special tax for the construction or repair of a sidewalk
is annulled by the corporate authorities or set aside by any court, a new
ordinance may be passed and a new tax may be made and returned. This power
to pass a new ordinance providing for a new tax exists only when (1) the
prior ordinance was passed under "An Act to provide additional means for
the construction of sidewalks in cities, towns and villages," approved
April 15, 1875, as amended, or under this Division 84, and (2) when the
prior ordinance was merely defective but not void.
The proceedings therefor shall be the same as in the first instance, and
all parties in interest shall have like rights and like powers in relation
to any subsequent tax as are hereby given in relation to the first tax. No
special tax shall be levied for work already done under a prior ordinance,
unless it appears that the work was done in good faith, by the
municipality, or under contract duly let and executed, pursuant to an
ordinance providing that the sidewalk should be paid for by special tax.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 85
(65 ILCS 5/Art. 11 Div. 85 heading)
DIVISION 85.
CERTAIN JOINT MUNICIPAL AND
TOWNSHIP CONSTRUCTION PROJECTS
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65 ILCS 5/11-85-1
(65 ILCS 5/11-85-1) (from Ch. 24, par. 11-85-1)
Sec. 11-85-1.
Municipalities lying within one or more townships, or whose
boundaries are coextensive with the boundaries of a township, have the
power to enter into a contract with any township within which the
municipality lies, or with any township lying immediately contiguous to the
municipality, and such township has the power to enter into a contract with
such municipality, for the construction of any public improvement
consisting of the construction of any bridge, subway, elevated way, or
viaduct which may lie partly within the municipality, and partly outside
the municipality and within the township, or consisting of the improvement
of the roadway of any highway or street upon and along which runs the line
of the corporate limits of the municipality, so that the improvement as
proposed would lie partly within the municipality and partly within the
township, in the manner authorized in this Division 85.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-85-2
(65 ILCS 5/11-85-2) (from Ch. 24, par. 11-85-2)
Sec. 11-85-2.
The corporate authorities of such municipality and the
commissioner of highways in and for such township, in the manner they agree
upon, shall procure (1) detailed plans and specifications of the proposed
improvement, (2) a detailed estimate of the cost thereof prepared by a
competent engineer, showing the total estimated cost of the improvement,
and (3) separate estimates from that engineer of the portions thereof
within and without the municipality. As soon as the corporate authorities
both of the municipality and of the township approve the plans,
specifications, and estimates as a basis for the letting of a contract for
the improvement, and as soon as the proportions of the cost thereof are
agreed upon by the corporate authorities of the municipality and township,
they may proceed jointly to let a contract therefor as provided in this
section.
This contract shall be let only upon competitive bidding, in the manner
provided for the letting of contracts by municipalities for the
constructing of local improvements under the provisions of Article 9,
except that (1) the advertising for bids for the construction of the
proposed improvement shall be authorized and made by the corporate
authorities of both the municipality and the township, (2) bids for the
construction shall be received by those corporate authorities jointly at
the time and place agreed upon and stated in the notice for bids, and (3)
no contract shall be let except by the approval of the corporate
authorities of both the municipality and the township. All contracts shall
be signed and executed by the officials of the municipality and of the
township who may be vested generally, by law or ordinance, with the duty of
the execution of contracts, for and in behalf of the respective bodies, and
all bonds for the performance of a contract shall be made payable to those
corporate bodies jointly.
All consents, agreements, and approvals provided for in this Division 85
shall be by writing and when hereby required to be made or given by a
municipality, shall be made or given by a resolution of the corporate
authorities of the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-85-3
(65 ILCS 5/11-85-3) (from Ch. 24, par. 11-85-3)
Sec. 11-85-3.
If a municipality desires to pay its proportion of the cost
of such an improvement by a special assessment or a special tax upon the
property within the municipality benefited by the improvement, either
before or after the letting of the contract as provided by Section 11-85-2,
it may pass an ordinance providing for the improvement and that the cost
thereof shall be paid by a special tax or a special assessment, to be
levied upon the municipality and upon the property within the municipality
specially benefited by the improvement. The proceedings thereafter for the
levy of that special assessment or special tax, and the collection thereof,
shall conform to the provisions of Article 9, in so far as the provisions
of Article 9 are applicable. It shall be no defense in any proceedings to
levy a special assessment or a special tax hereunder that the special
assessment or special tax is levied for work previously performed.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-85-4
(65 ILCS 5/11-85-4) (from Ch. 24, par. 11-85-4)
Sec. 11-85-4.
A municipality participating in the construction of an
improvement specified in this Division 85 has jurisdiction over the part
thereof lying within the corporate limits of the municipality. The
participating township has jurisdiction over that part of the improvement
lying outside the municipality and within the township. The municipality
and the township may repair, maintain, or reconstruct the portions of the
improvement within their respective jurisdictions in the manner provided by
law in cases of similar improvements lying wholly within their respective
jurisdictions. But nothing contained in this section affects any power
otherwise given by law to either the municipality or the township to expend
money in the repair, maintenance, or reconstruction of the entire
improvement or any part thereof.
Although parts of the improvements are under separate jurisdictions, the
municipality and the township interested may enter into contracts with each
other providing for the repair, maintenance, and upkeep, including
lighting, of the improvement, apportioning the cost thereof and providing
the method of that repair, maintenance, and upkeep, as may be agreed upon
between them.
A township may surrender its jurisdiction over such an improvement to
the municipality jointly interested, by agreement made between the
corporate authorities of both the municipality and the township. The
municipality thus assuming that jurisdiction thereafter shall be chargeable
with the repair, maintenance, and upkeep of the part of the improvement so
turned over, and may exercise its police powers thereover in like manner as
if the improvement lay entirely within the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 86
(65 ILCS 5/Art. 11 Div. 86 heading)
DIVISION 86.
MUNICIPAL AND PARK RELATIONSHIP
CONCERNING STREETS
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65 ILCS 5/11-86-1
(65 ILCS 5/11-86-1) (from Ch. 24, par. 11-86-1)
Sec. 11-86-1.
Any city, incorporated town or village may construct and
maintain an elevated way in or upon any street, and construct and maintain
all necessary approaches, inclines and superstructures, and may by
ordinance authorize any commission or board having jurisdiction of a public
park or parks to take over, maintain and control any street or way,
incline, approach or superstructure therein upon terms fixed by such
ordinance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-86-2
(65 ILCS 5/11-86-2) (from Ch. 24, par. 11-86-2)
Sec. 11-86-2.
Any city, incorporated town or village may by ordinance duly
passed grant to any commission or board having jurisdiction over parks and
boulevards the right to take and improve by means of surface or elevated
ways for vehicles and pedestrians a street or streets not more than one
mile in length in any one instance, and for that purpose to construct,
maintain and control all approaches, inclines and superstructures
convenient or necessary for the purpose aforesaid.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-86-3
(65 ILCS 5/11-86-3) (from Ch. 24, par. 11-86-3)
Sec. 11-86-3.
Where any park is located wholly within any city, the city
council of such city shall have power by ordinance to extend streets
through such park as the needs of the public shall demand. Such needs to be
determined by the park commissioners having control thereof.
(Source: Laws 1961, p. 576.)
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