65 ILCS 5/9-2-9
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 9 - Local Improvements

 (from Ch. 24, par. 9-2-9)Sec. 9-2-9.         Preliminary procedure for local improvements by special  assessment. All ordinances for local improvements to be paid for wholly or  in part by special assessment or special taxation shall originate with the  board of local improvements. Petitions for any local improvement shall be  addressed to that board. The board may originate a scheme for any local  improvement to be paid for by special assessment or special tax, either  with or without a petition, and in either case shall adopt a resolution  describing the proposed improvement. This resolution may provide that  specifications for the proposed improvement be made part of the resolution  by reference to specifications previously adopted by resolution by the  municipality, or to specifications adopted or published by the State of  Illinois or a political subdivision thereof, provided that a copy of the  specifications so adopted by reference is on file in the office of the  clerk of the municipality. This resolution shall be at once transcribed  into the records of the board.The proposed local improvement may consist of the acquisition of the  necessary interests in real property and the construction of  any public improvement or any combination of public improvements, including,  but not limited to, streets,  storm drain sewers, water mains, sanitary  sewer improvements, sidewalks, walkways, bicycle paths, landscaping, lighting  improvements, signage improvements, vehicular parking improvements, any  additional improvements necessary to provide access to the public improvements,  and all necessary  appurtenances in  a local contiguous area pursuant to a single special assessment project,  provided that in  assessing each lot, block, tract, and parcel of property, the commissioner so  assessing shall take into consideration whether each lot, block, tract, or  parcel is benefited by all or only some of the improvements combined into the  single special assessment project.  For purposes hereof, a local contiguous area shall be defined as an area  in which all of the lots, blocks, tracts, or parcels located within the  boundaries thereof will be benefited by one or more of the proposed  improvements.   The fact that more than one improvement is  being constructed as part of a single special assessment project shall not be  grounds  for an objection by an assessee to the special assessment proceeding in  court.Whenever the proposed improvement requires that private or public  property be taken or damaged, the resolution shall describe the property  proposed to be taken or damaged for that purpose. The board, by the same  resolution, shall fix a day and hour for a public hearing thereon. The  hearing shall not be less than 10 days after the adoption of the  resolution. The board shall also have an estimate of the cost of the  improvement (omitting land to be acquired) made in writing by the engineer  of the board, (if there is an engineer, if not, then by the president) over  his signature. This estimate shall be itemized to the satisfaction of the  board and shall be made a part of the record of the resolution. However,  such an estimate is not required in municipalities having a population of  100,000 or more when the proposed improvement consists only of taking or  damaging private or public property. And in cities and villages which have  adopted prior to the effective date of this Code or which after the  effective date of this Code adopt the commission form of municipal  government, the estimate of the cost of the improvement, (omitting land to  be acquired), shall be made in writing by the public engineer if there is  one, of the city or village, if not, then by the mayor or president of the  city or village.Notice of the time and place of the public hearing shall be sent by mail  directed to the person who paid the general taxes for the last preceding  year on each lot, block, tract, or parcel of land fronting on the proposed  improvement not less than 5 days prior to the time set for the public  hearing. These notices shall contain (1) the substance of the resolution  adopted by the board, (2) when an estimate is required by this Division 2  the estimate of the cost of the proposed improvement, and (3) a  notification that the extent, nature, kind, character, and (when an  estimate is required by this article) the estimated cost of the proposed  improvement may be changed by the board at the public hearing thereon. If  upon the hearing the board deems the proposed improvement desirable, it  shall adopt a resolution and prepare and submit an ordinance therefor. But  in proceedings only for the laying, building, constructing, or renewing of  any sidewalk, water service pipe, or house drain, no resolution, public  hearing, or preliminary proceedings leading up to the same are necessary.  In such proceedings the board may submit to the corporate authorities an  ordinance, together with its recommendation and (when an estimate is  required) the estimated cost of the improvement, as made by the engineer.  Such proceedings shall have the same effect as though a public hearing had  been held thereon.In the event that a local improvement is to be constructed with the  assistance of any agency of the Federal government, or other governmental  agency, the resolution of the board of local improvements shall set forth  that fact and the estimate of cost shall set forth and indicate, in dollars  and cents, the estimated amount of assistance to be so provided.    (Source: P.A. 93-196, eff. 1-1-04.)