(65 ILCS 5/9-2-48) (from Ch. 24, par. 9-2-48)
Sec. 9-2-48.
The corporate authorities may provide in the ordinance for
any local improvement, any portion of the cost of which is to be defrayed
by special assessment or special taxation, or by ordinance passed at any
time before the confirmation of the assessment roll, that the aggregate amount
assessed, and each individual assessment, and also the assessment against
the municipality on account of property owned by the municipality and for
public benefits be divided into installments not more than 10 in number.
However, any such special assessment or special tax levy for building
sewers or viaducts or for the acquisition, construction, and operation or
maintenance of a pedestrian mall and parking facilities for a commercial
or shopping center, notwithstanding the provisions of Division 71 of
Article 11 of the "Illinois Municipal Code", approved May 29, 1961, as
amended, provided that the owners of a majority of the property abutting on
any street, alley, park or public place or portion thereof within such
commercial or shopping center area shall consent to such assessment and
further provided that no such assessment as above authorized shall be made
against a property used wholly for residential purposes, in like manner may
be divided into not exceeding 20 installments, and any such special
assessment or special tax levy for building subways may in like manner be
divided into not exceeding 40 installments. In all cases such a 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 installments 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
work done, and the second installment one year thereafter, and so on
annually until all installments are paid. The board of local improvements
shall file in the office of the clerk of the court in which such an
assessment was confirmed, a certificate signed by its secretary, of the
date of the first voucher and of the amount thereof, within 30 days after
the issuance thereof.
All installments shall bear interest as hereinafter provided until paid,
at the rate set forth in the ordinance referred to in Section 9-2-10 of
the Illinois Municipal Code and 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 such ordinance or (ii) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract.
Interest on assessments shall
begin to run from 60 days after the date of the first voucher issued on
account of work done, except as otherwise provided in Section 9-2-113. The
interest on each installment shall be payable as follows: on January 2 next
succeeding the date of the first voucher as certified, the interest accrued
up to that time on all unpaid installments shall be due and payable and be
collected with the installment, and thereafter the interest on all unpaid
installments then payable, shall be payable annually and be due and payable
at the same time as the installments maturing in that year and be collected
therewith. In all cases the municipal collector, whenever payment is made
of 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 provided in this Division
2 up to the date of payment. Whenever any municipality heretofore has
levied for any public improvement a special tax or a special assessment
payable in not to exceed 10 installments of which all except the first draw
interest at any rate specified in the ordinance under the authority of
which the improvement is made, and judgment has
been duly entered in the proceeding confirming the tax or the assessment so
payable, the judgment in that proceeding shall not be invalid because the
assessment is so divided or because the rate of interest therein is fixed
at an interest rate of less than that set forth in said ordinance,
but all such judgments, unless void
for other reasons, shall be valid and enforceable. And when improvement
bonds have been issued for the purpose of anticipating the collection of
the deferred installments of any such special tax or assessment, the bonds,
if otherwise valid, shall not be void either because of the number of
series into which they are divided or the rate of interest they bear. If
the bonds are in other respects in compliance with the statutes of the
State of Illinois in such cases, they shall be valid and enforceable to the
extent that the tax or assessment against which they are levied is
enforceable or any re-levy thereof.
The cost of operating and maintaining any pedestrian mall and parking
facilities for a commercial or shopping center as provided for herein may
be assessed not more than once in each calendar year against all property
in a benefited area.
Any municipality which has provided or does provide for the creation of
a plan commission under Division 12 of Article 11 shall submit to and
receive the approval of the plan commission before establishing,
maintaining or operating any such pedestrian mall and parking facilities
for a commercial or shopping center.
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.
This amendatory Act of 1971 is not a limit upon any municipality which
is a home rule unit.
This amendatory Act of 1972 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 86-4.)
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