(65 ILCS 5/9-2-9) (from Ch. 24, par. 9-2-9)
Sec. 9-2-9.
Preliminary procedure for local improvements by special
assessment. All ordinances for local improvements to be paid for wholly or
in part by special assessment or special taxation shall originate with the
board of local improvements. Petitions for any local improvement shall be
addressed to that board. The board may originate a scheme for any local
improvement to be paid for by special assessment or special tax, either
with or without a petition, and in either case shall adopt a resolution
describing the proposed improvement. This resolution may provide that
specifications for the proposed improvement be made part of the resolution
by reference to specifications previously adopted by resolution by the
municipality, or to specifications adopted or published by the State of
Illinois or a political subdivision thereof, provided that a copy of the
specifications so adopted by reference is on file in the office of the
clerk of the municipality. This resolution shall be at once transcribed
into the records of the board.
The proposed local improvement may consist of the acquisition of the
necessary interests in real property and the construction of
any public improvement or any combination of public improvements, including,
but not limited to, streets,
storm drain sewers, water mains, sanitary
sewer improvements, sidewalks, walkways, bicycle paths, landscaping, lighting
improvements, signage improvements, vehicular parking improvements, any
additional improvements necessary to provide access to the public improvements,
and all necessary
appurtenances in
a local contiguous area pursuant to a single special assessment project,
provided that in
assessing each lot, block, tract, and parcel of property, the commissioner so
assessing shall take into consideration whether each lot, block, tract, or
parcel is benefited by all or only some of the improvements combined into the
single special assessment project.
For purposes hereof, a local contiguous area shall be defined as an area
in which all of the lots, blocks, tracts, or parcels located within the
boundaries thereof will be benefited by one or more of the proposed
improvements.
The fact that more than one improvement is
being constructed as part of a single special assessment project shall not be
grounds
for an objection by an assessee to the special assessment proceeding in
court.
Whenever the proposed improvement requires that private or public
property be taken or damaged, the resolution shall describe the property
proposed to be taken or damaged for that purpose. The board, by the same
resolution, shall fix a day and hour for a public hearing thereon. The
hearing shall not be less than 10 days after the adoption of the
resolution. The board shall also have an estimate of the cost of the
improvement (omitting land to be acquired) made in writing by the engineer
of the board, (if there is an engineer, if not, then by the president) over
his signature. This estimate shall be itemized to the satisfaction of the
board and shall be made a part of the record of the resolution. However,
such an estimate is not required in municipalities having a population of
100,000 or more when the proposed improvement consists only of taking or
damaging private or public property. And in cities and villages which have
adopted prior to the effective date of this Code or which after the
effective date of this Code adopt the commission form of municipal
government, the estimate of the cost of the improvement, (omitting land to
be acquired), shall be made in writing by the public engineer if there is
one, of the city or village, if not, then by the mayor or president of the
city or village.
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, block, tract, or parcel of land fronting on the proposed
improvement not less than 5 days prior to the time set for the public
hearing. These notices shall contain (1) the substance of the resolution
adopted by the board, (2) when an estimate is required by this Division 2
the estimate of the cost of the proposed improvement, and (3) a
notification that the extent, nature, kind, character, and (when an
estimate is required by this article) the estimated cost of the proposed
improvement may be changed by the board at the public hearing thereon. If
upon the hearing the board deems the proposed improvement desirable, it
shall adopt a resolution and prepare and submit an ordinance therefor. But
in proceedings only for the laying, building, constructing, or renewing of
any sidewalk, water service pipe, or house drain, no resolution, public
hearing, or preliminary proceedings leading up to the same are necessary.
In such proceedings the board may submit to the corporate authorities an
ordinance, together with its recommendation and (when an estimate is
required) the estimated cost of the improvement, as made by the engineer.
Such proceedings shall have the same effect as though a public hearing had
been held thereon.
In the event that a local improvement is to be constructed with the
assistance of any agency of the Federal government, or other governmental
agency, the resolution of the board of local improvements shall set forth
that fact and the estimate of cost shall set forth and indicate, in dollars
and cents, the estimated amount of assistance to be so provided.
(Source: P.A. 93-196, eff. 1-1-04.)
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