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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 11 Div. 84
(65 ILCS 5/Art. 11 Div. 84 heading)
DIVISION 84.
SIDEWALK CONSTRUCTION AND REPAIR
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65 ILCS 5/11-84-1
(65 ILCS 5/11-84-1) (from Ch. 24, par. 11-84-1)
Sec. 11-84-1.
In addition to any other manner authorized by law, any
municipality, by ordinance, may provide for the construction and repair of
sidewalks therein, along or upon any streets or part of streets therein.
The corporate authorities, by that ordinance, may provide for the payment
of the whole or any part of the cost thereof by special taxation of the
lots, blocks, tracts, or parcels of land touching upon the line where such
a sidewalk is ordered. This special taxation may be either by levying the
whole or any part of the cost thereof upon each of the lots, blocks,
tracts, or parcels of land touching upon the line of the sidewalk, pro
rata, according to their respective values. The values of the lots, blocks,
tracts, or parcels of land shall be determined by the last preceding
assessment thereof for the purpose of state and county taxation. Or the
whole or any part of the cost thereof may be levied upon such lots, blocks,
tracts, or parcels of land in proportion to their frontage upon such
sidewalk, or in proportion to their superficial area, as may be provided by
ordinance ordering the laying down of the sidewalk. In case the ordinance
only requires a part of the cost of the sidewalk to be paid by a special
tax as provided in this section, the residue of the cost shall be paid out
of any fund of the municipality raised by general taxation upon the
property in the municipality and not otherwise appropriated. Such a
municipality, by one and the same ordinance, may provide for the
construction or repair of sidewalks under this article on 2 or more
streets, or parts of streets, or on one or both sides of any street or
streets, whenever the sidewalks are so connected, or otherwise related, as
to constitute a single system of improvement. A duplicate copy of the
ordinance, duly certified by law, shall be delivered by the clerk of the
municipality to the recorder of deeds of each county in which any part of
the property is located not less than 30 days before commencement of any
construction by the municipality as specified hereinafter in this Division
84. Each recorder shall record the copy and keep it as part of the
permanent records of the office of such recorder. Such special taxes are a
lien upon the property against which they are charged from the date upon
which a copy of said ordinance is filed or recorded, which lien is
discharged when the tax has been paid or the property has been sold
pursuant to Section 11-84-5 of this Act.
When the tax has been fully paid, the corporate authorities of the
municipality shall execute and record, in the recorder's office of the
county in which the land is located, a release of the lien of the taxes so
paid, and shall deliver a copy of the release to the owner of the property.
(Source: P.A. 85-1252.)
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65 ILCS 5/11-84-2
(65 ILCS 5/11-84-2) (from Ch. 24, par. 11-84-2)
Sec. 11-84-2.
Such an ordinance shall define the location of the proposed
sidewalk or the sidewalk to be repaired with reasonable certainty, shall
prescribe its width, the materials of which it is to be constructed and the
manner of its construction, and may provide that the materials and
construction shall be under the supervision of and subject to the approval
of an officer or board of officers of the municipality to be designated in
the ordinance.
The ordinance shall require all owners of lots, blocks, tracts, or
parcels of land touching the line of a proposed sidewalk to construct or
repair a sidewalk in front of or touching upon their respective lots,
blocks, tracts, or parcels of land in accordance with the specifications of
the ordinance, within 30 days after the mailing of notice of the passage of
the ordinance, addressed to the party who last paid the general taxes on
the respective lots, blocks, tracts, or parcels. In default thereof the
municipality may furnish the materials and construct or repair the sidewalk
in accordance with the ordinance, or may enter into a contract for the
furnishing of the materials and the construction or repair of the sidewalk
as hereinafter provided in this Division 84. The cost of such part thereof
as may be fixed in the ordinance may be collected as hereinafter provided
in this Division 84. The municipality may issue vouchers bearing not to
exceed 6% interest annually in payment of these sidewalks, payable solely
out of the special tax provided for in this Division 84 when the tax is
collected.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-3
(65 ILCS 5/11-84-3) (from Ch. 24, par. 11-84-3)
Sec. 11-84-3.
Such an ordinance may provide that a bill of the costs of the
sidewalk, showing the cost of the construction or repair and supervision
thereof, shall be made by the officer or board designated by the ordinance
to take charge of the construction or repair of the sidewalk, together with
a list of the lots, blocks, tracts, or parcels of land touching upon the
line of the sidewalk, the names of the parties who last paid the general
taxes on the respective lots, blocks, tracts, or parcels and the frontage,
superficial area, or assessed value as specified in Section 11-84-1,
according as the ordinance may provide for the levy of the cost by the
frontage, superficial area or assessed value.
Thereupon, if the owner of any lot, block, tract, or parcel of land has
failed or refused to construct or repair his portion of the sidewalk in
accordance with the provisions of the ordinance, the specified officer or
board shall proceed to prepare a special tax list against those lots,
blocks, tracts or parcels of land in front of or touching upon which the
sidewalk has not been constructed or repaired, ascertaining by computation
the amount of special taxes and the annual installments thereof to be
charged against each of those lots, blocks, tracts, or parcels of land on
account of the construction or repair of the sidewalk, according to the
rule fixed for the levy of that special tax by the ordinance.
This special tax list shall be filed in the office of the specified
officer or board, and this officer or board shall thereupon issue warrants
directed to the municipal collector, or to such officer as may be
designated in the ordinance, for the collection of the amount of special
tax so ascertained and appearing from this special tax list to be due from
the respective lots, blocks, tracts, or parcels of land touching upon the
line of the sidewalk. However, the aggregate amount of each special tax
shall be divided into 5 annual installments of equal amounts, except that
all fractional amounts shall be added to the first installment, so as to
leave the remaining installments equal in amount and each a multiple of
$100.
The first installment shall be due and payable on the second day of
January next after the date of the first voucher issued on account of the
work done, and the second installment one year thereafter, and so on
annually until all installments are paid. The specified officer or board
shall file in the office of the municipal collector, or such officer as may
be designated to collect the tax, a certificate, signed by the officer or
secretary of the board preparing the tax list, of the date of the first
voucher and of the amount thereof within 30 days after the issuance
thereof.
All the installments shall bear interest as provided in this section
until paid, at the rate of not to exceed 6% annually. Interest on
assessments shall begin to run from the date of the first voucher issued on
account of work done. The interest on each installment shall be payable as
follows: On the second day of January next succeeding the date of the first
voucher as certified, the interest accrued up to date on all unpaid
installments shall be due and payable and it shall be collected with the
installment. Thereafter the interest on all unpaid installments shall be
payable annually and be due and payable at the same time as the installment
maturing in that year and be collected therewith.
In all cases the municipal collector, or the officer designated to
collect the tax, whenever payment is made of any installment, shall collect
all interest that is due up to the date of that payment, whether the
payment is made at or after maturity. Any person may at any time pay the
whole assessment against any lot, block, tract or parcel of land, or any
installment thereof, with interest as provided in this section up to the
date of payment. The municipal collector, or the officer designated to
collect the tax, shall proceed to collect the warrants by mailing a written
notice to the address of the party who last paid the general taxes on the
respective lots, blocks, tracts, or parcels of land in the list, that the
tax list is in his possession for collection. All money so collected shall
be immediately paid over by that officer to the municipal treasurer of that
municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-4
(65 ILCS 5/11-84-4) (from Ch. 24, par. 11-84-4)
Sec. 11-84-4.
Upon failure to collect the special tax as hereinbefore
provided in this Division 84, the municipal collector, or the officer
designated to collect the tax on or before the first day of August in each
year, shall make a written report of this special tax to such general
officer of the county as may be authorized by law to apply for judgment
against and sell lands for taxes due the county or state. This report shall
also contain an enumeration of (1) all the lots, blocks, tracts, or parcels
of land upon which this special tax remains unpaid, (2) the names of the
respective owners thereof, so far as the names are known to the collecting
officer, (3) the amount due and unpaid upon each lot, block, tract, or
parcel and (4) a copy of the ordinance ordering the construction of the
sidewalk. This report shall be accompanied by the oath of the officer that
the list is a correct return of the lots, blocks, tracts, or parcels of
land on which the special tax levied by authority of the municipality for
the cost or partial cost, as the case may be, of the sidewalk specified in
that ordinance remains due and unpaid, and that the amounts therein stated
as due and unpaid, have not been collected, nor any part thereof. This
report, when so made, is prima facie evidence that all the forms and
requirements of the law in relation to making that return have been
complied with, and that the special tax, as mentioned in the report, is due
and unpaid.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-5
(65 ILCS 5/11-84-5) (from Ch. 24, par. 11-84-5)
Sec. 11-84-5.
When the specified general officer of the county receives
such a report, he shall at once proceed to obtain judgment against the
lots, blocks, tracts, or parcels of land enumerated therein for the special
tax remaining due and unpaid, in the same manner as may be provided by law
for obtaining judgment against land for taxes due and unpaid to the county
and state, and in the same manner shall proceed to sell the same for the
special tax due and unpaid. In obtaining this judgment, and making this
sale, the specified officer shall be governed by the general revenue laws
of Illinois, except when otherwise provided in this Division 84. The
general revenue laws shall also apply to the execution of certificates of
sales and deeds, and to the force and effect of these sales and deeds. All
other laws in relation to the enforcement and collection of taxes, and
redemption from tax sales, shall apply to proceedings to collect this
special tax, except as otherwise provided in this Division 84.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-6
(65 ILCS 5/11-84-6) (from Ch. 24, par. 11-84-6)
Sec. 11-84-6.
Whenever payment of the cost of such sidewalk is required to
be made in part by special tax and in part out of any general fund of the
municipality, and the owner of a lot, block, tract, or parcel of land
constructs or repairs the sidewalk in accordance with the ordinance for its
construction or repair the officer or board directed by the ordinance to
superintend the construction or repair thereof shall thereupon have issued
to that owner, an order on the municipal treasurer for the cost of the
construction or repair of the sidewalk, less the amount of special tax
chargeable to the lot, block, tract, or parcel of land of that owner on the
line of which the sidewalk has been so constructed or repaired.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-7
(65 ILCS 5/11-84-7) (from Ch. 24, par. 11-84-7)
Sec. 11-84-7.
Except as herein otherwise provided for municipalities of
more than 500,000 population, all contracts for the construction or repair
of sidewalks as provided in this Division 84, when the expense thereof
exceeds $1,500, shall be let to the lowest responsible bidder in the
following manner: Notice shall be given by the officer or board designated
in the ordinance to take charge of the construction or repair and
supervision of a sidewalk, by advertisement at least twice, not more than
30 nor less than 15 days in advance of the day of opening the bids, that
bids will be received for the construction or repair of that sidewalk in
accordance with the ordinance therefor, in one or more newspapers published
within the municipality, or if no newspaper is published therein, then in
one or more newspapers with a general circulation within the municipality.
In municipalities with less than 500 population in which no newspaper is
published, publication may instead be made by posting a notice in 3
prominent places within the municipality. The notice shall state the time
of opening the bids. All bids offered shall be accompanied by cash or a
check payable to the order of the officer or board having charge of the
improvement, and certified by a responsible bank, for an amount which shall
not be less than 10% of the aggregate of the bid. All contracts shall be
approved by the officer, or the presiding officer of the board, having the
supervision of the construction or repair of that sidewalk.
In municipalities of more than 500,000 population, the letting of
contracts for the construction or repair of sidewalks as provided in this
Division 84 shall be governed by the provisions of Division 10 of Article
8.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-8
(65 ILCS 5/11-84-8) (from Ch. 24, par. 11-84-8)
Sec. 11-84-8.
If a special tax for the construction or repair of a sidewalk
is annulled by the corporate authorities or set aside by any court, a new
ordinance may be passed and a new tax may be made and returned. This power
to pass a new ordinance providing for a new tax exists only when (1) the
prior ordinance was passed under "An Act to provide additional means for
the construction of sidewalks in cities, towns and villages," approved
April 15, 1875, as amended, or under this Division 84, and (2) when the
prior ordinance was merely defective but not void.
The proceedings therefor shall be the same as in the first instance, and
all parties in interest shall have like rights and like powers in relation
to any subsequent tax as are hereby given in relation to the first tax. No
special tax shall be levied for work already done under a prior ordinance,
unless it appears that the work was done in good faith, by the
municipality, or under contract duly let and executed, pursuant to an
ordinance providing that the sidewalk should be paid for by special tax.
(Source: Laws 1961, p. 576.)
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