O-76-47ORDINANCE NO. 0 -76- 47
AN ORDINANCE TO ADD ARTICLE VI TITLED "SPECIAL
TAXATION FOR SIDEWALK CONSTRUCTION AND REPAIR" OF
CHAPTER 11 OF THE MUNICIPAL CODE OF DEERFIELD, ILLINOIS
Published in pamphlet form this
16th day of August , 1976,
by the President and Board of
Trustees of Deerfield.
MC:PB
ORDINANCE NO. 0 -76- 47
AN ORDINANCE TO ADD ARTICLE VI TITLED "SPECIAL
TAXATION FOR SIDEWALK CONSTRUCTION AND REPAIR" OF
CHAPTER 11 OF THE MUNICIPAL CODE OF DEERFIELD, ILLINOIS
WHEREAS, the Village of Deerfield is a Home Rule Unit as the result
of a successful referendum vote held on such home rule question on the
15th day of April, 1975; and
WHEREAS, the Village, as a Home Rule Unit, may exercise any power
and perform any function pertaining to its government and affairs,
including the power to levy taxes to cover the costs of carrying out
such governmental functions; and
WHEREAS, the statutes of the State of Illinois authorize municipali-
ties to provide for the construction, reconstruction and repair of
sidewalks and further provide for the payment thereof in whole or in
part from special taxation; and
WHEREAS, it is deemed to be in the best interests of this Village
to establish a program for sidewalk construction, reconstruction or
repair by special taxation proceedings, in addition to any other manner
of sidewalk improvements as authorized by law; and
WHEREAS, such program is deemed to be a lawful exercise by the
Village of its Home Rule powers in performance of a necessary function
pertaining to its government and affairs, including the valid exercise
by the Village of its power of taxation to cover the costs of carrying
out such governmental function.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That Chapter 11 of the Municipal Code of Deerfield, 1963,
ONE: as amended, be and the same is hereby further amended by
adding thereto a new Article VI entitled "Special Taxation
For Sidewalk Construction and Repair" to read as follows:
"ARTICLE VI - SPECIAL TAXATION FOR SIDEWALK CONSTRUCTION AND REPAIR
11.601 Special Taxation of Adjoining Property.) In addition to
any other manner authorized to it by law, this Village may, by
ordinance, provide for the construction, reconstruction, replacement
and repair of sidewalks located within its corporate boundaries,
along or upon any streets or parts of streets therein, and may, by
such ordinance, provide for the payment of the whole or any part of
the costs thereof by special taxation of the lots, blocks, tracts,
or parcels of land either touching upon the line where such a
sidewalk is constructed, reconstructed or repaired, or located
adjacent to the public right -of -way across which said sidewalk is
constructed, reconstructed or repaired. 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 either
touching upon the line of the sidewalk or adjacent to the public
right -of -way across which said sidewalk is constructed or recon-
structed, prorata, 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 pur-
pose 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
public right -of -way wherein such sidewalk is located, or in pro-
portion to their superficial area, as may be provided by the
ordinance ordering the construction, reconstruction or repair of
the sidewalk. In the event that the ordinance requires only a
portion of the cost of the sidewalk construction, reconstruction or
repair to be paid by special taxation as provided herein, the
residue of the cost shall be paid out of any fund of the Village
raised by general taxation upon the property in the Village, or
from other revenues obtained by the Village and not otherwise
appropriated. The Village, by the same ordinance, may provide for
the construction, reconstruction or repair of sidewalks, or sections
of sidewalks located on two or more streets, or parts of streets,
or on one or both sides of any street or streets, within the cor-
porate boundaries, and said sidewalk areas or portions of sidewalks
need not be connected to each other or otherwise related, as long
as such areas are located within the corporate boundaries of the
Village, and the specifications for such construction, reconstruct-
ion or repair improvement are uniform in width, construction
materials and manner of construction.
11.602 Ordinance - Construction by Owner - Notice and Default -
Vouchers.) Such an ordinance as provided for in this Article shall
define the location of the proposed sidewalk or portions of sidewalk
to be constructed, reconstructed.or 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 be subject to the approval of the Village
Engineer or of such other officer or board of officers of the
Village as may be designated in the ordinance. The ordinance shall
require all owners of lots, blocks, tracts or parcels of land
touching upon the line of the proposed sidewalk or portions of
sidewalk, or situated adjacent to the public right -of -way across
which such sidewalk or portions of sidewalk are to be constructed,
reconstructed or repaired, to construct, reconstruct or repair such
sidewalk in,front of, adjacent to or touching upon their respective
lots, blocks, tracts or parcels of land in accordance with the
specifications of the ordinance, within thirty (30) days after the
mailing of notice of the passage of such ordinance addressed to the
party who last paid the general taxes on the respective lots,
blocks, tracts or parcels. Upon the failure or default thereof of
said owners to construct or repair such sidewalk or portions thereof
in accordance with the ordinance, the Village may furnish the
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materials and construct, reconstruct or repair the sidewalk in
accordance with the ordinance, or may enter into a contract for the
furnishing of such materials and the construction, reconstruction
or repair of the sidewalk or portions of sidewalk as hereinafter
provided in this Article. Provided that no such sidewalk repair or
reconstruction shall be undertaken by the Village with respect to
this Article until such time as said owners of lots, blocks, tracts
or parcels of land as defined herein are first given an opportunity
to participate in a voluntary sidewalk repair program provided for
in Article V of Chapter 11 of this Code. The cost of sidewalk
construction, reconstruction or repair, or such part thereof as may
be fixed in the ordinance, may be collected as hereinafter provided
in this Article, and the Village may issue vouchers bearing not to
exceed 6% interest annually in payment of these sidewalks or por-
tions thereof, payable solely out of the special tax provided for
in this Article, when such tax is collected.
11.603 Bill of Costs - Proceedings if Owner Fails to Construct -
Special Tax List - Warrants - Installments.) Such an ordinance
providing for sidewalk construction, reconstruction or repair may
provide that a bill of the costs of such sidewalk or portions
thereof, showing the costs of the construction, reconstruction or
repair and the engineering and supervision thereof, together with
an additional sum, not to exceed 6% of the amount of said cost of
construction, engineering and supervision, to be applied toward the
payment of the costs of preparing a special tax list, levying and
collecting said special tax as provided for in this Article, and an
additional amount not to exceed 6% of the cost of construction,
engineering and supervision, to be applied as a reserve for deficiency
in interest, shall be made,by the Village Engineer or by such other
officer or board as is designated by the ordinance to take charge
of the construction, reconstruction or repair of the sidewalk, or
portions thereof, together with a list of the lots, blocks, tracts
or parcels of land touching upon the line of the sidewalk or adjacent
to the public right -of -way whereon such sidewalk or portion thereof
is located, and 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 this
Article, according to the provisions of such ordinance in providing
for the levy of the cost by such 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, reconstruct
or repair his portion of the sidewalk in accordance with the pro-
visions of the ordinance, the Village Engineer or other 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
adjacent to, or touching upon the sidewalk or the public right -of-
way whereon the sidewalk is located which is the subject of such
construction, reconstruction or repair, ascertaining by computation
the amount of special taxes and the annual installments thereof to
be charged against each of such lots, blocks, tracts or
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parcels of land on account of the construction, reconstruction or
repair of the sidewalk, according to the rule fixed for the levy of
that special tax by the ordinance. The aggregate amount of each
special tax levied against the lots, blocks, tracts or parcels of
land provided for herein shall be divided into five (5) annual
installments of equal amounts, except that all fractional amounts
shall be added to the first installment, so as to leave the re-
maining installments equal in amounts and each a multiple of
$100. This special tax list shall be filed in the office of the
Village Engineer or of such other specified officer or board, which
officer or board shall thereupon issue warrants directed to the
Village Collector, or to such officer as may be so 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. The first
installment shall be due and payable on the second day of January
next after the date of the issuance of the first voucher on account
of the work done, and the second installment shall be due and payable
one year thereafter, and so on annually until all installments are
paid. The specified officer or board shall prepare, execute and
file in the office of the Village Collector or such other officer
that may be designated to collect the tax, a certificate of the date
of issuance of the first voucher and of the amount thereof,
which certificate shall be filed within thirty (30) days after the
first voucher is so issued.
11.604 Report of Unpaid Special Tax.) Upon failure to collect the
special tax as hereinbefore provided in this Article, the Village
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 for the purpose of applying for judgment
against and the selling of lands for such taxes due the Village.
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, reconstruction or
repair 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 Village 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.
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11.605 Judgment and Sale.) When the Village Collector completes
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 said officer
shall be governed by the general revenue laws of the State of
Illinois, except when otherwise provided in this Article. 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
Article.
11.606 Construction by Owner - Order for Reimbursement.) 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 or other revenues
of the Village, and the owner of a lot, block, tract or parcel of
land constructs, reconstructs or repairs the sidewalk in accordance
with the ordinance for its construction, reconstruction 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 Village Treasurer for the owner's cost of
the construction, reconstruction or repair of the sidewalk, as a
credit against the amount of special tax chargeable to the lot,
block, tract or parcel of land of that owner.
11.607 Bids.) Contracts for the construction, reconstruction or
repair of sidewalks as provided in this Article, 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, reconstruction or repair and supervision of a sidewalk,
by advertisement at least twice, not more than thirty (30) nor less
than fifteen (15) days in advance of the day of opening the bids,
that bids will be received for the construction, reconstruction or
repair of that sidewalk in accordance with the ordinance therefor,
in one or more newspapers published within the Village. 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 board, having the supervision of the construction,
reconstruction or repair of that sidewalk.
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. . .N
11.608 New Tax and Ordinance When Special Tax is Set Aside.) If a
special tax for the construction, reconstruction or repair of a
sidewalk or portion thereof is annulled by the corporate auth-
orities or set aside by any court due to the prior ordinance being
defective, but not void, a new ordinance may be passed and a new
tax may be made and returned. The proceedings therefor shall be in
all respects the same as in the first instance, provided that no
special tax shall be levied for sidewalk construction, reconstruction
or repair work already done under a prior ordinance, unless such
work was accomplished by the Village in good faith under a contract
duly let and executed pursuant to such ordinance providing that the
cost of such sidewalk should be paid for by special taxation in
accordance with this Article."
SECTION That all ordinances and parts of ordinances in conflict
TWO: herewith are, to the extent of such conflict, hereby
repealed.
SECTION That the Village Clerk is hereby directed to publish
THREE: this Ordinance in pamphlet form.
SECTION That should any section, provision, part or clause of
FOUR: this Ordinance and the Article added hereby be declared
by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the Ordinance as a whole or
any part thereof other than the part so declared to be invalid.
SECTION That this Ordinance shall be in full force and effect
FIVE: from and after its passage, approval and publication
as provided by law.
AYES: Blumenthal, Gavin, Marty, Seidman, Swanson (5)
NAYS: None (0)
ABSENT: Stiehr (1)
PASSED this 16th day of August A.D. 1976.
APPROVED this 16th day of August ; A.D. 1976.
ATTEST:
VILLAGE CLERK
LAGS PRES pro tem