(60 ILCS 1/235-16)
Sec. 235-16.
Special tax for sidewalks, street lighting, street repairs,
or traffic
control devices; counties of 3,000,000 or more.
(a) The township board of a township in a county with a
population of more than 3,000,000 may provide for the construction or
installation and
repair of sidewalks or repair of streets, including improvements for flood
control, or street lighting or traffic control
devices in the
township along or upon any roads and may provide for the payment of the whole
or any part of the cost of the construction, installation, or repair by special
taxation of the lots, blocks, tracts, or parcels of land touching upon the road
near or on which a sidewalk or device is ordered or otherwise benefiting from
the improvement, except that the property is not subject to the tax if it is
located within a city, village, or incorporated town. This special taxation
may be by levying the whole or any part of the cost upon each of the lots,
blocks, tracts, or parcels of land touching upon the road or otherwise
benefiting from the improvement, pro rata, according to their respective
values. The values of the lots, blocks, tracts, or parcels of land shall be
determined by the last preceding assessment under the Property Tax Code.
(b) Before a special tax may be levied under this Section, the township
board shall by resolution set a day and hour for a public hearing upon the
proposed improvement for which the tax is to be levied. The hearing shall be
held not less than 10 days after the resolution proposing the improvement is
adopted. Notice of the time and place of the public hearing shall be sent by
mail directed to the person who paid the general taxes for the last preceding
year on each lot, tract, and parcel of real estate that is to be subject to
the tax not less than 5 days before the date set for the public hearing.
The notice, in addition to the time, date, and place of the public hearing,
shall contain a general description of the proposed improvement including
the estimated cost of the improvement. The notice shall also inform each
person of the requirement that 51% or more of the owners of lots, tracts, and
parcels of real estate that would be subject to the tax must sign a petition
authorizing the township board to proceed with the improvement.
(c) At the time and place fixed for the public hearing, the township board
shall meet and hear anyone desiring to be heard upon the subject of the
proposed improvement. If any person objects to the proposed improvement or any
of the elements of it, the corporate authorities may adopt a new resolution
abandoning the proposed scheme or adhering to it or changing, altering, or
modifying the extent, nature, kind, or character of the proposed scheme as it
considers most desirable.
(d) If the owners of 51% or more in number of the lots, tracts, and parcels
of real estate that are to be subject to the tax file a petition with the town
clerk agreeing with the improvement, then the township board shall proceed
with the improvement. If a petition is not filed or contains an insufficient
number of signatures, the township board shall proceed no further and the same
improvement shall not again be initiated for a period of one year.
(e) The township board shall proceed to prepare a special tax
list against those lots, blocks, tracts, or parcels of land subject to the
special tax, ascertaining by computation the amount of special taxes and
the annual installments of those taxes to be charged against each of those
lots, blocks, tracts, or parcels of land on account of the installation,
construction, or repair according to the rule fixed for the levy of that
special tax by the township board.
(f) The special tax list shall be filed in the office of a
specified officer or board, and this officer or board shall thereupon issue
warrants directed to the township collector (or to the officer designated in
the ordinance) for the collection of the amount of special tax so ascertained
and appearing from the special tax list to be due from the respective lots,
blocks, tracts, or parcels of land. The aggregate amount of each
special tax shall be divided into 5 annual installments of equal amounts.
(g) The township collector (or the officer designated to collect the tax)
shall file a copy of the ordinance and the special tax list with the
recorder of the county in which the township is situated. Upon that
filing, the special tax becomes a lien upon each lot, block, tract, or parcel
subject to the special tax until all installments have been paid with respect
to the lot, block, tract, or parcel.
(h) 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, 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 township collector (or the officer 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 of the voucher within 30 days after the issuance of the voucher.
(i) All the installments shall bear interest as provided in the ordinance
until paid, at a 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.
(j) In all cases, the township 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 township 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 collected shall be immediately
paid over by that officer to the township.
(k) The township collector (or the officer designated to collect the tax)
shall maintain as a permanent public record a list containing
at least the following information:
(1) A description of all lots, blocks, tracts, and |
(l) Upon failure to collect the special tax as provided in this Section, the
township 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 the officer of the county authorized by law to apply for
judgment against and sell lands for taxes due. This report shall
also contain an enumeration of (i) all the lots, blocks, tracts, or parcels
of land upon which the special tax remains unpaid, (ii) the names of the
respective owners of those lots, blocks, tracts, or parcels so far as the names
are known to the collecting officer, (iii) the amount due and unpaid upon each
lot, block, tract, or parcel, and (iv) a copy of the resolution or ordinance
ordering the installation, construction, or repair. 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 township for the cost or partial cost, as the case may be,
of the sidewalk or device specified in that ordinance remains due and
unpaid and that the amounts stated as due and unpaid have not
been collected either in whole or in part. This report, when made as required
in this subsection, 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.
(m) When the specified officer of the county receives the report, he or she
shall at once proceed to obtain judgment against the lots, blocks, tracts, or
parcels of land enumerated in the report for the special tax remaining due and
unpaid in the same manner as provided by law for obtaining judgment against
land for taxes due and unpaid under the Property Tax Code and in the same
manner shall proceed to sell the lots, blocks, tracts, or parcels for the
special tax due and unpaid. In obtaining this judgment and making this sale,
the specified officer shall be subject to applicable provisions of the Property
Tax Code. The Property Tax Code 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 the special tax.
(Source: P.A. 90-438, eff. 1-1-98.)
|