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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/9-4-2
(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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65 ILCS 5/9-4-3
(65 ILCS 5/9-4-3) (from Ch. 24, par. 9-4-3)
Sec. 9-4-3.
The amount set by order of the circuit court shall be a lien
against such property enforceable in the same manner as a lien created
under Division 2 or Division 3 of this Article.
(Source: P.A. 76-1549.)
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65 ILCS 5/Art. 9 Div. 5
(65 ILCS 5/Art. 9 Div. 5 heading)
DIVISION 5.
FINANCING OF CERTAIN IMPROVEMENTS
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65 ILCS 5/9-5-1
(65 ILCS 5/9-5-1) (from Ch. 24, par. 9-5-1)
Sec. 9-5-1.
Whenever a municipal ordinance or an annexation agreement
authorized under Section 11-15.1-1 of this Code
requires the installation of water mains, sanitary sewers, drains, or other
facilities for sewers and drains, the construction of any roadways, or
the installation of any traffic signals or other traffic related
improvements as a condition of either the acceptance
of a preliminary or final subdivision or
plat described in Section 11-12-12 or a preliminary or final planned
unit development plan or the issuance of a building permit and where,
in the opinion of the corporate authorities, the facilities,
roadways, or improvements may be used for the benefit of property not
in the subdivision or planned unit development or outside the property
for which a building permit has been issued, and the water
mains, sanitary sewers, drains, or other facilities,
roadways, or improvements are to be dedicated to the public, the
corporate authorities may by contract with the subdivider or permittee
agree to reimburse and may reimburse the subdivider or permittee for a
portion of the cost of the facilities, roadways, and
improvements from fees charged to owners of property not within the
subdivision, planned unit development, or property for which a
building permit has been issued when and as collected from the owners.
The contract shall describe the property
outside the subdivision, planned unit development, or property
for which a building permit has been issued that may reasonably
be expected to benefit from the facilities, roadways, or improvements
that are required to be constructed under the contract and
shall specify the amount or proportion of the cost of the
facilities, roadways, or improvements that is to be
incurred primarily for the benefit of that property. The
contract shall provide that the municipality shall collect fees
charged to owners of property not within the subdivision,
planned unit development, or property for which a building permit has been
issued at any time before the connection to and use of the facilities,
roadways, or improvements by the respective
properties of each owner. The contract
may contain other and further provisions and agreements concerning the
construction, installation, completion, and acceptance of the facilities,
roadways, or improvements that the corporate authorities in their sole opinion
deem proper and may also provide for the payment to the subdivider or
permittee of a reasonable amount of interest on the amount expended by the
subdivider or permittee in completing the facilities, roadways, and
improvements, the interest to be calculated from and after the date of
completion and acceptance of the facilities, roadways, and improvements.
(Source: P.A. 87-539.)
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