(65 ILCS 5/9-2-48(1)) (from Ch. 24, par. 9-2-48(1))
Sec. 9-2-48(1).
In addition to any other powers or procedures for the
making of a local improvement by special tax or assessment, when a
pedestrian mall and parking facilities improvement is proposed or made
under Section 9-2-48, the corporate authorities may provide in the original
ordinance for the improvement, or in a separate ordinance, that the costs
and expenses of maintenance and operation thereof as provided in this
Section shall be paid for by an annual assessment, upon the commercial or
business property within the district of the improvement, which improvement
district is primarily benefited by the provision for such costs and
expenses which are necessary, convenient and desirable for the protection
and preservation of the capital improvement so made and the operation,
upkeep, repairs, replacement and/or maintenance of the said improvement and
its component parts, fixtures, equipment or facilities. When an ordinance
is so enacted, the annual assessment so provided for by such ordinance may
be made under and in accordance with the provisions of this Section.
(a) The annual assessment hereunder shall be made each year for a
period of consecutive years not exceeding the number of years over which
the cost for the making of the improvement has been spread, provided,
however, that by consent of the owners of 66 2/3% of the frontage of
private property within the district, the annual assessment can be
continued for additional periods of years.
The annual assessments hereunder shall be due and payable on January
2nd next after the date of confirmation of each annual assessment.
(b) Upon the completion of the pedestrian mall or parking facility,
the court in which the special assessment or tax for the making of the
improvement was confirmed shall upon the application of the municipality
or any assessee within the district, appoint a board of commissioners
consisting of 5 members, at least 3 of whom shall be
owners or lessees (or their duly authorized representatives) of property
within the district. The board of commissioners shall determine and
estimate the amount of the costs and expenses of the improvement for the
year as provided in this Section, and shall file a report of said
expenses and an assessment roll signed and certified to by the chairman
of the board, spreading the total annual cost over the property of the
district proportionate to the assessed valuation of said property for
general real estate tax purposes. Notice of the filing of said report
and assessment shall be given to the assessee of taxes for said property
and a date for filing and hearing objections, if any, thereto shall be
set. The court shall hear and determine objections and shall have full
and complete power to revise, confirm, modify, amend or recast the said
roll to comply with the provisions of this Section, including the power
to revise individual assessments wherein the assessment as levied in
accordance with this Section exceeds the benefit to the property or
constitutes more than a proportionate share of the total annual
assessment. Upon confirmation of the roll and the annual assessment, a
warrant to collect the assessment shall issue by the County Clerk. The
assessment hereunder shall have the same force and effect as other
assessments under Article 9 Division 2 and shall be otherwise governed
thereby except as provided otherwise herein. The annual assessments
collected hereunder shall be paid over to the board of commissioners who
shall apply same in discharge of the actual cost and expenses provided
for herein as incurred during the course of said year. Any surplus in
the estimated amount collected over the actual costs or expense of the
year shall be credited on the next year's estimate and any deficiency
shall be included as a permitted item of cost or expense to be defrayed
by the assessment for the following year. In the event there is any
surplus of assessments collected in the last year of collections, the
same shall be rebated in proportion to the assessments for that year,
and in the event there is any deficiency in collections of the last
year, a final winding-up assessment to satisfy said deficit shall be
made for the year following the said last year of assessment hereunder.
(c) The items of cost and expense which may be included in the
estimate and for which an annual assessment may be levied hereunder are
as follows:
1. The cost of repairs, upkeep and maintenance of any or all
fixtures, equipment or facilities which comprised the improvement as
originally made or any replacements thereof.
2. The costs of repairs, upkeep and maintenance of any common areas
within the improvement as originally made.
3. The costs of any additions to or modifications of the improvement
as originally made, any new or additional fixtures, equipment,
facilities or service which is or are determined to be essential to
public health, safety or welfare and to the protection and
preservation of the improvement and the operation thereof.
4. A reserve for contingencies in the item of costs and expense
estimated, not to exceed 10% of the total of such costs for the year
in question.
5. A reserve to defray interest on funds borrowed or vouchers issued
in anticipation of collection of annual installments.
6. Any deficiencies in collection over the actual costs and expense
of the preceding year.
7. The costs and expenses of management employees and facilities, of
making and levying the assessments and letting and executing
contracts, of necessary estimates, examinations, advertisements and
the like, including any court costs and fees, and for reimbursement
of the expenses incurred by the commissioners in performing their
duties hereunder.
(d) The commissioners to be appointed hereunder shall receive no
compensation for services and shall serve for a term of 5, 4, 3, 2 and 1
year from the date of appointment and the term shall be selected by lot
at the first meeting of the board after appointment by the court. The
court shall thereafter appoint commissioners for 5 year terms
upon termination of each term and shall appoint successors in the event
of vacancy. Any commissioner shall be eligible to succeed himself.
(e) The board of commissioners shall have authority:
(1) To issue vouchers in anticipation of the collections of the
annual assessments, in payment for the costs and expenses of
maintenance and operation provided for hereunder and such vouchers
shall be payable from the annual assessments when collected and shall
bear interest at a rate set by the board, not to exceed the greater of
9% or 70% of the Prime Commercial Rate in effect at the time of the passage
of the ordinance referred to in Section 9-2-10 of the Illinois Municipal
Code.
(2) To borrow funds for working capital in anticipation of collection
of annual assessments at a rate of interest not to exceed the greater
of (i) 9% annually or 70% of the Prime Commercial Rate in effect at the time
of the passage of the ordinance referred to in Section 9-2-10 of the Illinois
Municipal Code or (ii) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract.
(3) To enter into agreements with the municipality relative to the
payment of that portion of the costs of maintenance and operation
provided for herein, which reflects the general public benefit
derived from the protection and preservation of the pedestrian mall
or parking facility improvement. In such agreements, the board shall
have authority to accept the fair and reasonable value of service
provided by the municipality in full or partial satisfaction of the
public benefit portion of said costs.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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