(65 ILCS 5/9-3-9) (from Ch. 24, par. 9-3-9)
Sec. 9-3-9.
On the date set for consideration and passage of the ordinance,
the corporate authorities shall convene, consider the ordinance, examine
the certificates submitted with the ordinance in relation to the area
benefited and consider all protests that have been filed against the
construction of the improvement. The corporate authorities before adoption
of the ordinance shall consider the forfeitures and the valuations shown in
the certificates of the respective lots, tracts and parcels of real estate
within the boundaries of the area probably benefited. If lots, tracts and
parcels of real estate representing 25% or more of such value as shown in
the certificate in sub-section (3) of Section 9-3-5 of the lots, tracts and
parcels of real estate within the boundaries of the area probably benefited
have been forfeited to the State for the non-payment of taxes, either
general taxes or special assessments, or both, then the corporate
authorities shall not adopt the ordinance and shall proceed no further with
the improvement and the same improvement shall not again be initiated for a
period of one year. Further, if 50% or more in number of the lots, tracts
and parcels of real estate within the above described boundaries represent
vacant property and the owners of 50% or more in number of the lots, tracts
and parcels, of real estate file written objections, the corporate
authorities shall proceed no further with the improvement and the same
improvement shall not again be initiated for a period of one year, or if
the estimated cost of the improvement exceeds the assessed full, fair cash
value of the real estate located within the boundaries of the district
probably benefited, as shown by the county assessor's certificate, then the
corporate authorities shall proceed no further with the improvement and the
same improvement shall not be again initiated for a period of one year. If,
however, there is less than 25% of the real estate within the area
forfeited for non-payment of general taxes or special assessments, or both,
and there are less than 50% in number of the lots, tracts and parcels of
real estate within the area vacant, or if 50% or more in number of the
lots, tracts and parcels of real estate within said area are vacant but the
owners of less than 50% of the lots, tracts and parcels of real estate file
objections, and the total estimated cost of the improvement does not exceed
the assessed full, fair cash value of the real estate located within the
area designated as probably benefited, then the corporate authorities shall
be authorized to proceed with the improvement and adopt the ordinance
authorizing and directing the construction thereof.
The corporate authorities shall adjourn from time to time for
consideration of the passage of the ordinance, but not for longer than a
period of 90 days from the date set for hearing thereon. If within 90 days
after the date set for the hearing and consideration of the ordinance such
ordinance is not passed, then such ordinance shall not be passed unless the
improvement is again initiated and a new date set for hearing and
consideration of the ordinance and notice of the date published and posted
as provided in this Division 3.
(Source: Laws 1961, p. 576.)
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