(65 ILCS 5/9-4-2) (from Ch. 24, par. 9-4-2)
Sec. 9-4-2.
The corporate authorities of a municipality who intend to
charge benefits conferred by local improvements on property not within the
corporate limits of such municipality against such property, as provided in
this Division 4, shall commence a proceeding by filing a petition in the
circuit court of the county in which the municipality making such local
improvement is situated, or if such municipality is situated in more than
one county and such proposed improvement lies in more than one county, then
in the circuit court of the county in which the major part of the territory
to be affected thereby is situated. Such petition shall contain (i) a
statement that the board of local improvements or the committee on local
improvements of such municipality is considering the making of a local
improvement to be paid for by special assessment or by special tax and that
the local improvement will benefit property not within the corporate limits
of such municipality but contiguous to such local improvement; (ii)
description of the extent, nature, kind, character and (when an estimate of
the cost thereof is required under the provisions of Division 2 of this
Article) the estimated cost of the proposed local improvement; (iii) a
description of the lots, blocks, tracts, or parcels of property not within
such municipality which the corporate authorities determine may be charged
under this Division 4 with any part of the cost for making such local
improvement, together with the name and address of the person or persons to
whom the tax bill was sent for general taxes on each such lot, block, tract
or parcel for the last preceding year; and (iv) a statement of the time and
place of the public hearing, if any, to be held on such local improvement
by the board of local improvements or the committee on local improvements.
Upon the filing of such petition, the clerk of the circuit court shall
issue a summons as in civil cases to the person or persons to whom such tax
bills were sent as set forth in such petition. The board of local
improvements or the committee on local improvements shall give to each
person to whom such summons is issued notice of the time and place of the
public hearing on such local improvement in the same manner as such notice
is given to persons with respect to property within such municipality, all
in accordance with the applicable provisions of Division 2 or Division 3 of
this Article. Any person to whom such summons is issued shall have the
right to appear and be heard at such public hearing in accordance with the
provisions of Division 2 or Division 3 of this Article, and the circuit
court shall upon application of such municipality, enter an order staying
further proceedings on such petition filed pursuant to this Division 4
pending the filing of and hearing on the petition contemplated by Division
2 or Division 3 of this Article, and shall consolidate for hearing by the
court such petition filed under Division 2 or Division 3 of this Article
with such petition filed under Division 4 of this Article. The procedure
and issues on the hearing on a petition filed under Division 4 of this
Article shall be the same, as near as may be, as the procedure and issues
set forth in Division 2 or Division 3 of this Article, and at such hearing,
the circuit court shall hear and determine all objections as to the amount
set as a benefit to such property.
(Source: P.A. 76-1549.)
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