093_HB2299enr HB2299 Enrolled LRB093 07288 MKM 07447 b 1 AN ACT in relation to municipalities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Section 11-91-1 as follows: 6 (65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1) 7 Sec. 11-91-1. Whenever the corporate authorities of any 8 municipality, whether incorporated by special act or under 9 any general law, determine that the public interest will be 10 subserved by vacating any street or alley, or part thereof, 11 within their jurisdiction in any incorporated area, they may 12 vacate that street or alley, or part thereof, by an 13 ordinance. The ordinance shall provide the legal description 14 or permanent index number of the particular parcel or parcels 15 of property acquiring title to the vacated property. But 16 this ordinance shall be passed by the affirmative vote of at 17 least three-fourths of the aldermen, trustees or 18 commissioners then holding office. This vote shall be taken 19 by ayes and noes and entered on the records of the corporate 20 authorities. 21 No ordinance shall be passed vacating any street or alley 22 under a municipality's jurisdiction and within an 23 unincorporated area without notice thereof and a hearing 24 thereon. At least 15 days prior to such a hearing, notice of 25 its time, place and subject matter shall be published in a 26 newspaper of general circulation within the unincorporated 27 area which the street or alley proposed for vacation serves. 28 At the hearing all interested persons shall be heard 29 concerning the proposal for vacation. 30 The ordinance may provide that it shall not become 31 effective until the owners of all property or the owner or HB2299 Enrolled -2- LRB093 07288 MKM 07447 b 1 owners of a particular parcel or parcels of property abutting 2 upon the street or alley, or part thereof so vacated, shall 3 pay compensation in an amount which, in the judgment of the 4 corporate authorities, shall be the fair market value of the 5 property acquired or of the benefits which will accrue to 6 them by reason of that vacation, and if there are any public 7 service facilities in such street or alley, or part thereof, 8 the ordinance may also reserve to the municipality or to the 9 public utility, as the case may be, owning such facilities, 10 such property, rights of way and easements as, in the 11 judgment of the corporate authorities, are necessary or 12 desirable for continuing public service by means of those 13 facilities and for the maintenance, renewal and 14 reconstruction thereof. If the ordinance provides that only 15 the owner or owners of one particular parcel of abutting 16 property shall make payment, then the owner or owners of the 17 particular parcel shall acquire title to the entire vacated 18 street or alley, or the part thereof vacated. 19 The determination of the corporate authorities that the 20 nature and extent of the public use or public interest to be 21 subserved in such as to warrant the vacation of any street or 22 alley, or part thereof, is conclusive, and the passage of 23 such an ordinance is sufficient evidence of that 24 determination, whether so recited in the ordinance or not. 25 The relief to the public from further burden and 26 responsibility of maintaining any street or alley, or part 27 thereof, constitutes a public use or public interest 28 authorizing the vacation. 29 When property is damaged by the vacation or closing of 30 any street or alley, the damage shall be ascertained and paid 31 as provided by law. 32 (Source: P.A. 90-179, eff. 7-23-97.) 33 Section 99. Effective date. This Act takes effect upon HB2299 Enrolled -3- LRB093 07288 MKM 07447 b 1 becoming law.