Public-domain · open source
OpenJurist

Division

Procedures for Specified Local Improvements

  • 65 ILCS 5/9-3-1— Any municipality may make a local improvement whenever the public necessity requires such improvement, subject only to the limitations prescribed in this Division 3
  • 65 ILCS 5/9-3-2— In this Division 3, the following terms have the meaning ascribed to them unless the context indicates otherwise: "Municipality" means any city, village, or incorporated town
  • 65 ILCS 5/9-3-3— Whenever the corporate authorities of any municipality deem it necessary to undertake any local improvement, within the corporate limits, a resolution shall be adopted describing the public property to be so improved
  • 65 ILCS 5/9-3-4— The corporate authorities of any municipality may contract for the services of an attorney and an engineer, who shall be members of the committee on local improvements, to prepare the necessary plans, plats, profiles, estimates, specifications, and all other details for any of such improvement
  • 65 ILCS 5/9-3-5— Upon the adoption of a resolution determining to make the improvement by the corporate authorities, the committee on local improvements shall proceed with the preparation of plans, specifications and estimate of cost of the improvement
  • 65 ILCS 5/9-3-6
  • 65 ILCS 5/9-3-7— At the time and place fixed for the public hearing, the corporate authorities shall meet and hear anyone desiring to be heard upon the subject of the proposed improvement
  • 65 ILCS 5/9-3-8
  • 65 ILCS 5/9-3-9
  • 65 ILCS 5/9-3-10— The ordinance authorizing and directing the construction of any local improvement shall describe generally the nature and character of the improvement and refer to plans, specifications and estimate of cost thereof on file in the office of the recording officer of the municipality
  • 65 ILCS 5/9-3-11
  • 65 ILCS 5/9-3-12
  • 65 ILCS 5/9-3-13— After filing of the petition as provided in Section 9-3-12, the court shall enter an order setting a date for hearing on the question of benefits, and direct that notice be given by the committee on local improvements of the pendency of the proceeding
  • 65 ILCS 5/9-3-14— Any person interested in any real estate to be affected by such assessment may appear and file objections to the amount assessed against any such real estate
  • 65 ILCS 5/9-3-15— The assessment roll as returned by the officers making the same shall be prima facie evidence of the correctness of the amount assessed against each lot, tract or parcel of real estate, but shall not be counted as testimony of any witness or witnesses in the cause
  • 65 ILCS 5/9-3-16— The hearing on benefits in all cases arising under this Division 3 may be had at such time as the court may designate
  • 65 ILCS 5/9-3-17
  • 65 ILCS 5/9-3-18— No special assessment shall be levied under the provisions of this Division 3 until the land necessary therefor or rights in land, are acquired and in possession of any such municipality, except in cases where proceedings to acquire such land have been begun and have proceeded to judgment
  • 65 ILCS 5/9-3-19— In case any special assessment levied under this Division 3 is divided into installments under the provisions of this Division 3, the judgment of confirmation that shall be entered by the court, shall apply to all of the installments thereof and may be entered in one order
  • 65 ILCS 5/9-3-20— The judgment of the court shall be final as to all issues involved and the proceedings in such case shall be subject to review by appeal, as hereinafter provided, and not otherwise
  • 65 ILCS 5/9-3-21
  • 65 ILCS 5/9-3-22— The ordinance for any improvement to be constructed under this Division 3 may provide that the special assessment to be levied to defray the cost thereof be divided into installments, not more than 20 in number
  • 65 ILCS 5/9-3-23— All contracts awarded by any municipality for the construction of any improvement authorized and provided for under this Division 3 shall be payable solely and only out of the assessment levied to pay the cost of the construction thereof
  • 65 ILCS 5/9-3-24— All contracts for the construction of any improvement to be paid by special assessment when the expense thereof exceeds $500 shall be let to the lowest responsible bidder after advertisement for bids, as hereinafter provided
  • 65 ILCS 5/9-3-25
  • 65 ILCS 5/9-3-26— The committee on local improvements shall meet at the time and place specified by the corporate authorities for receipt of bids and publicly open and declare all bids
  • 65 ILCS 5/9-3-27— Within 20 days after the contract is awarded, the contractor shall enter into a contract with such municipality for the construction of the improvement and shall give bond in the full amount of the contract for the faithful performance of the contract
  • 65 ILCS 5/9-3-28— The contract shall be executed by the contractor and the presiding officer of the corporate authorities and attested by the clerk of such municipality under the official seal of the municipality
  • 65 ILCS 5/9-3-29— Immediately upon awarding the contract for the construction of the improvement, the clerk of any such municipality shall file a certificate in the court in which the judgment of confirmation was entered certifying to the fact that the contract has been awarded
  • 65 ILCS 5/9-3-30— Upon receipt of the warrant for the collection of the assessment it shall be the duty of the collector to immediately give notice thereof by publishing notice at least once in a daily or weekly newspaper published and of general circulation in such municipality, if there is one
  • 65 ILCS 5/9-3-31
  • 65 ILCS 5/9-3-32
  • 65 ILCS 5/9-3-33
  • 65 ILCS 5/9-3-34
  • 65 ILCS 5/9-3-35
  • 65 ILCS 5/9-3-36
  • 65 ILCS 5/9-3-37— Any deduction in assessments made pursuant to the order of the court may be added to and become part of the municipality's portion of the cost of the improvement
  • 65 ILCS 5/9-3-38
  • 65 ILCS 5/9-3-39
  • 65 ILCS 5/9-3-40— Liens shall be enforced and collected independently of any other provision of the statutes contrary thereto notwithstanding
  • 65 ILCS 5/9-3-41
  • 65 ILCS 5/9-3-42
  • 65 ILCS 5/9-3-43— The cause shall be heard as suits to foreclose mortgages on real estate
  • 65 ILCS 5/9-3-44— Upon expiration of the time for payment as fixed by the order of the court, the general county officer having authority to receive state and county taxes shall advertise the sale of the several tracts of real estate on which the amount adjudged against the same by the order has not been paid
  • 65 ILCS 5/9-3-45
  • 65 ILCS 5/9-3-46
  • 65 ILCS 5/9-3-47— The purchaser or his assignee shall pay all taxes and assessments on real estate sold under the provisions of this Division 3
  • 65 ILCS 5/9-3-48
  • 65 ILCS 5/9-3-49
  • 65 ILCS 5/9-3-50— The funds of each assessment created under this Division 3 shall be kept by the treasurer of such municipality in a separate bank account