(65 ILCS 55/0.01) (from Ch. 24, par. 808.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Municipal Federal Grant Tax and Bond Act.
(Source: P.A. 86-1324.)
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(65 ILCS 55/1) (from Ch. 24, par. 808.1)
Sec. 1.
Any city, village or incorporated town which has heretofore entered
into an agreement with the Federal government or any agency thereof for the
construction, extension, improvement or repair of streets, or of a sewerage
system or water system with the aid of a Federal grant, may, for the
purpose of raising its portion of the funds necessary for such
construction, extension, improvement or repair, provide a special tax or
special assessment of the property benefited, and to anticipate the
collection of such special tax or special assessment, or any installment
thereof, may issue bonds, payable out of such special tax or special
assessment, bearing interest at a rate not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, nor less
than 3 1/2% per annum.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(65 ILCS 55/2) (from Ch. 24, par. 808.2)
Sec. 2.
No special tax or special assessment shall be levied or collected
except in pursuance of an ordinance passed by the governing body of the
city, village or incorporated town, provided, that no special tax or
assessment shall be levied or assessed upon any property in an amount in
excess of the special benefit which such property shall receive from such
project. Such ordinance shall not be deemed conclusive of such benefit, but
the question of such benefit and of the amount of the special tax or
assessment shall be subject to the review and determination of the court
having jurisdiction in the manner hereinafter set forth.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/3) (from Ch. 24, par. 808.3)
Sec. 3.
Upon the passage of any such ordinance, it shall be the duty
of the officer specified therein to file a petition in the circuit court
in said county, or, if such city, village or town is situated in more
than one county and the proposed improvement lies in more than one
county, then in the circuit court in the county in which the major part
of the territory to be affected thereby is situated, in the name of such
municipality, praying that steps be taken to levy a special assessment
for the said improvement in accordance with the provision of the said
ordinance. The several circuit courts of this State shall have
jurisdiction of any proceedings under this Act. There shall be attached
to or filed with such petition, a copy of the said ordinance, certified
by the clerk under the corporate seal.
Upon the filing of such petition, the superintendent of special
assessments, in cities where such officer is provided for by law,
otherwise some competent person appointed by the Mayor and City Council
of Cities and the President and Board of Trustees of villages and
incorporated towns, shall make a true and impartial assessment of the
cost of the said improvement upon the petitioning municipality and the
property benefited by such improvement.
(Source: Laws 1965, p. 3376.)
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(65 ILCS 55/4) (from Ch. 24, par. 808.4)
Sec. 4.
In levying any special assessment or special tax, each lot, block,
tract or parcel of land shall be assessed separately, in the same manner as
upon assessment for general taxation: Provided, that this requirement shall
not apply to the property of railroad companies, or the right of way and
franchise of street railway companies, but the same may be described in any
manner sufficient to reasonably identify the property intended to be
assessed.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/5) (from Ch. 24, par. 808.5)
Sec. 5.
The assessment roll shall contain a list of all the lots, blocks,
tracts and parcels of land assessed for the proposed improvement, the
amount assessed against each, the name of the person who paid the taxes on
each such parcel during the last preceding calendar year in which taxes
were paid, as ascertained upon investigation by the officer making the
return, or under his direction, the residence of the person so paying the
taxes on each such parcel if the same can on diligent inquiry be found; in
case of assessment in installments the amount of each installment shall
also be stated; and the officer making such roll shall certify under oath
that he verily believes that the amounts assessed against each parcel of
property are just and equitable, and do not exceed the benefit which will
in each case be derived from said improvement, and that no lot, block,
tract or parcel of land has been assessed more than its proportionate share
of the cost of said improvement.
Several lots, or parts of land, owned and improved as one parcel may be
assessed as one parcel.
Notice shall be given of the nature of the improvement, of the pendency
of said proceedings, of the time and place of filing the petition therefor,
of the time and place of filing the assessment roll therein, and of the
time and place at which application will be made for confirmation of the
assessment, the same to be not less than fifteen (15) days after the
mailing of such notice. Such notices shall be sent by mail postpaid to each
of the said persons paying the taxes on the respective parcels during the
last preceding year in which taxes were paid, at his residence as shown in
the assessment roll, or, if not shown, then to such person so paying the
taxes, directed generally to the city, village or town in which said
improvement is proposed to be made.
Such notice shall state the amount assessed to the person to whom the
same is directed for the improvement proposed and the total amount of the
cost of said improvement to be borne by the municipality. An affidavit
shall be filed before the final hearing showing a compliance with the
requirements of this section, and also showing that the affiant (either the
officer making the said return, or some one acting under his direction)
made a careful examination of the collector's books showing the payments of
general taxes during the last preceding year in which the taxes were paid
thereon, to ascertain the person or persons who last paid the taxes on said
respective parcels, and a diligent search for their residences, and that
the report correctly states the same as ascertained by the affiant; and
said report and affidavit shall be conclusive evidence, for the purpose of
said proceeding, of the correctness of the assessment roll in said
particulars; but in case the said affidavit shall be found in any respect
wilfully false, the person making the same shall be deemed guilty of
perjury, and subject to the penalties provided for such offense by the laws
of this State.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/6) (from Ch. 24, par. 808.6)
Sec. 6.
It shall be lawful to provide by the ordinance for any such
project, any portion of the cost of which is to be defrayed by special
assessment or special taxation, or by ordinance passed at any time before
the confirmation of the assessment roll, that the aggregate amount
assessed, and each individual assessment be divided into installments not
more than ten (10) in number. In all cases such division shall be made so
that all installments shall be equal in amount, except that all fractional
amounts shall be added to the first installment, so as to leave the
remaining installments of the aggregate equal in amount. 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 work done, and the
second installment one (1) year thereafter, and so on annually until all
the installments are paid; and it is the duty of the municipality to file
in the office of the clerk of the court in which such assessment was
confirmed, a certificate signed by presiding officer, of the date of said
first voucher and of the amount thereof, within thirty (30) days after the
issuance thereof. All installments shall bear interest as hereinafter
provided until paid, at the rate of not to exceed six (6) per centum per
annum. Interest on assessments shall begin to run from the date of the
first voucher issued on account of work done as aforesaid. The interest on
each installment shall be payable as follows: On the second day of January
next succeeding the date of the first voucher aforesaid so certified as
aforesaid, the interest accrued up to that time on all unpaid installments
shall be due and payable and be collected with the installment, and
thereafter the interest on all unpaid installments then payable, shall be
payable annually and be due and payable at the same time as the
installments maturing in such year and be collected therewith. In all cases
it shall be the duty of the municipal collectors, as the case may be,
whenever payment is made of any installment to collect interest thereon up
to the date of such payment whether such payment be made at or after
maturity. Any person may at any time pay the whole assessment against any
lot, piece or parcel of land, or any installment thereof, with interest as
provided herein up to the date of payment.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/7) (from Ch. 24, par. 808.7)
Sec. 7.
The petitioner shall, in addition to other notices hereinbefore
provided for, cause notice to be given, not more than 30 nor less than 15
days in advance of the time at which confirmation of the assessment is
sought, by publishing a notice thereof at least twice in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general circulation within
the municipality; except that, in municipalities with less than 500
population in which no newspaper is published, publication may be made by
posting a notice in 3 prominent places within the municipality. The
notice shall be over the name of the officer levying such assessment, and
be substantially as follows:
"SPECIAL ASSESSMENT NOTICE."
"Notice is hereby given to all persons interested that the city council
(or board of trustees as the case may be) of .... having ordered that (here
insert a brief description of the nature of the improvement), the ordinance
for the same being on file in the office of the .... clerk, having applied
to the circuit court of .... county for an assessment of the costs of the
improvement, according to benefits, and an assessment therefor having been
made and returned to the court, the final hearing thereon will be had on
(insert date), or as soon thereafter as the
business of the court will permit. All persons desiring may file objections
in the court before that day, and may appear on the hearing and make their
defense.
Dated (insert date)."
Where the assessment is payable in installments, the number of
installments and the rate of interest shall also be stated.
If 15 days have not elapsed between the first publication or the posting of
such notice, and the day fixed in the notice for filing objections, the cause
shall be continued for 15 days, and the time for filing objections shall stand
correspondingly extended.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 55/8) (from Ch. 24, par. 808.8)
Sec. 8.
Any person interested in any real estate to be affected by such
assessment, may appear and file objections to such report, by the time
mentioned in said notice, or in case of incomplete notice then as specified
in the last preceding section, or within such further time as the court may
allow, and the court may make such order in regard to the time of filing
such objections as may be made in cases at law in regard to filing pleas;
but no prior rule need be taken therefor unless directed by the court. As
to all lots, blocks, tracts and parcels of land, to the assessment of which
objections are not filed within the time aforesaid, or such other time as
may be ordered by the court, default may be entered, and the assessment
confirmed by the court, notwithstanding objections may be pending and
undisposed of as to other property.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/9) (from Ch. 24, par. 808.9)
Sec. 9.
Upon objection or motion for that purpose, the court in which said
proceeding is pending may, in a summary way, inquire whether the officer
making the report has omitted any property benefited; also whether or not
the assessment, as made and returned, is an equitable and just distribution
of the cost of said improvement. The court may either make such corrections
or changes, or determine in general the manner in which the same shall be
made, and refer the assessment roll to any competent person for revision,
correction or alteration in such manner as the court may determine.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/10) (from Ch. 24, par. 808.10)
Sec. 10.
On the application of the petitioner, at any time after the return
day, the court may set down all objections, except the objection that the
property of the objector will not be benefited to the amount assessed
against it, and that said property is assessed more than its proportionate
share of the cost of such improvement, for a hearing at a time to be fixed
by the court, and upon such hearing the court shall determine all questions
relating to the sufficiency of the proceedings, and of the benefits between
the different parcels of property assessed, together with all other
questions arising in such proceeding, with the exception aforesaid, and
shall thereupon enter an order in accordance with the conclusions it shall
reach; but such order shall not be deemed a final disposition of any such
questions for the purpose of appeal, unless objectors shall waive further
controversy as to the remaining questions upon the record.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/11) (from Ch. 24, par. 808.11)
Sec. 11.
If it be objected on the part of any property assessed for such
improvement, that it will not be benefited thereby to the amount assessed
thereon, and that it is assessed more than its proportionate share of the
cost of such improvement, and a jury be not waived by agreement of parties,
the court shall impanel a jury to try the said issue, and in such case,
unless otherwise ordered by the court, all such objections shall be tried
and disposed of before a single jury. The assessment roll, as returned by
the officer making the same, or as revised and corrected by the court on
the hearing of the legal objections, shall be prima facie evidence of the
correctness of the amount assessed against each objecting owner but shall
not be counted as the testimony of any witness or witnesses in the cause.
Such assessment roll may be submitted to the jury and may be taken into the
jury room by the jury when it retires to deliberate on its verdict. Either
party may introduce such other evidence as may bear upon the said issue or
issues. The hearing shall be conducted as in other cases at law, and if it
shall appear that the premises of any objector are assessed more than they
will be benefited by the said improvement, or more than its proportionate
share of the cost of such improvement, the jury shall so find, and shall
also find the amount for which such premises ought to be assessed, and
judgment shall be rendered accordingly.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/12) (from Ch. 24, par. 808.12)
Sec. 12.
Wherever, on a hearing by the court, or before a jury, the amount
of any assessment shall be reduced or cancelled, so that there shall be a
deficiency in the total amount remaining assessed in the proceeding, the
court shall have the power, in the same proceeding, to distribute such
deficiency upon the other property in the district assessed, in such manner
as the court shall find to be just and equitable, not exceeding, however,
the amount it will be benefited by said improvement. In case any portion of
such deficiency be charged against such property not represented in court,
a new notice, of the same nature as the original notice, shall be given in
like manner as the original notice, to show the cause why the assessment,
as thus increased, should not be confirmed, and the owners of or parties
interested in such property shall have the right to object in the same form
and with the same effect as in case of the original assessment, and the
court shall have the same power to dispose thereof.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/13) (from Ch. 24, par. 808.13)
Sec. 13.
The hearing in all the cases arising under this Act shall have
precedence over all other cases in any court where the same shall be
brought, except criminal cases, or other cases in which the public is a
moving party.
The court before which any such proceedings may be pending shall have
authority to modify, alter, change, annul or confirm any assessment
returned as aforesaid, in addition to the authority already conferred upon
it, and may take all such proceedings, and make all such orders, as may be
necessary to such improvement, according to the principles of this Act, and
may from time to time, as may be necessary, continue the application for
that purpose, as to the whole or any part of the premises.
(Source: Laws 1935-36, 1st SS, p. 3376.)
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(65 ILCS 55/14) (from Ch. 24, par. 808.14)
Sec. 14.
In case of a special assessment or a special tax levied to be paid
by installments, under the provisions of this Act, the order of
confirmation that shall be entered upon the return of the assessment roll
shall apply to all of the installments thereof, and may be entered in one
order.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/15) (from Ch. 24, par. 808.15)
Sec. 15.
The judgments of the court shall be final as to all the issues
involved, and the proceedings in the cause shall be subject to review by appeal
as in other civil cases: Provided, however, that
by mutual consent the same may be vacated or modified notwithstanding the
expiration of 30 days from the rendition of such judgment, except as
provided in this Act.
Such judgments shall have the effect of several judgments as to each
tract or parcel of land assessed, and no appeal from any such judgment
shall invalidate or delay the judgments, except as to the property
concerning which the appeal is taken.
Such judgment shall be liens on behalf of the municipality making the
improvement, for the payment of which the special tax or special assessment
is levied, on the property assessed from the date thereof, to the same
extent and of equal force and validity as a lien for the general taxes
until such judgments are paid or the property against which any such
judgment is entered is sold to pay the same.
The municipality on behalf of which such lien is created may sell and
assign the same and either the municipality or the assignees of such
judgment lien may at any time in its or his own name, file a complaint to
foreclose the lien in the same manner that foreclosures are by law
permitted in case of delinquent general taxes: Provided, however, that no
forfeiture of the property sought to be foreclosed shall have been had as a
prerequisite to such foreclosure.
(Source: P.A. 79-1361.)
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(65 ILCS 55/16) (from Ch. 24, par. 808.16)
Sec. 16.
If from any cause any city, village or town shall fail to collect
the whole or any portion of any special assessment or special tax which may
be levied, which shall not be canceled or set aside by the order of any
court, the city council or board of trustees may, at any time within five
years after the confirmation of the original assessment, direct a new
assessment to be made upon the delinquent property for the amount of such
deficiency and interest thereon from the date of such original assessment,
which assessment shall be made, as nearly as may be, in the same manner as
is herein prescribed for the first assessment. In all cases where partial
payments shall have been made on such former assessments, they shall be
credited or allowed on the new assessment to the property for which they
were made, so that the assessment shall be equal and impartial in its
results. If such new assessment prove insufficient, either in whole or in
part, the city council or board of trustees may, at any time within said
period of five years, order a third to be levied, and so on in the same
manner and for the same purpose; and it shall constitute no legal objection
to such assessment that the property may have changed hands, or been
encumbered subsequent to the date of the original assessment.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/17) (from Ch. 24, par. 808.17)
Sec. 17.
Within 30 days after the filing of the report of the amount and
date of the first voucher issued on account of work done, as provided in
this Act, the clerk of the court in which such judgment is rendered shall
certify the assessment roll and judgment, to the officer of such city,
village or town, authorized to collect such special assessment; or, if
there has been an appeal taken on any part of such judgment, then he shall
certify such part of the judgment as is not included in such appeal, and
such certification shall be filed by the officer receiving the same in his
office. With such assessment roll and judgment the clerk of such court
shall also issue a warrant for the collection of such assessment. The court
shall have power to recall such warrants as to all or any of the property
affected at any time before payment or sale, in case the proceedings be
abandoned by the petitioner or the judgment be vacated or modified in a
material respect as hereinbefore provided, but not otherwise.
(Source: Laws 1965, p. 3376.)
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(65 ILCS 55/18) (from Ch. 24, par. 808.18)
Sec. 18.
Should an appeal be taken on any part of such judgment, and the
municipality elect to proceed with the improvement, the clerk shall certify
such appealed portion, from time to time, in the manner above mentioned, as
the judgment is rendered thereon, and the warrant accompanying such
certificate in each case shall be authority for the collection of so much
of such assessment as shall be included in the portion of the roll thereto
attached. The warrant in all cases of assessment, under this Act, shall
contain a copy of such certificate of the judgment describing lots, blocks,
tracts and parcels of land assessed so far as they shall be contained in
the portion of the roll so certified, and the respective amount assessed on
each lot, block, tract or parcel of land, and shall be delivered to the
officer authorized to collect such special assessment. The collector having
a warrant for any assessment levied to be paid by installments may receive
any or all of the installments of such assessment, but if in part only,
then in their order.
(Source: P.A. 76-1408.)
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(65 ILCS 55/19) (from Ch. 24, par. 808.19)
Sec. 19.
The collector receiving such warrant shall give notice thereof by
publishing a notice at least twice, not more than 30 nor less than 15 days
in advance, in one or more newspapers published in the municipality, or, if
no newspaper is published therein, then in one or more newspapers with a
general circulation within the municipality; except that, in municipalities
with less than 500 population in which no newspaper is published,
publication may be made by posting a notice in 3 prominent places
within the municipality. Such notice may be substantially in the following
form:
SPECIAL ASSESSMENT NOTICE
Special Warrant, No. .....
Notice: Publication is hereby given that the (here insert title of
court) has entered judgment for a special assessment (or special tax) upon
property benefited by the following improvement: (here describe the
character and location of the improvement in general terms), as appears more
fully in the certified copy of the judgment on file in my office; that the
warrant for the collection of such assessment (or special tax) is in the
possession of the undersigned. All persons interested are hereby notified
to call and pay the amount assessed at the collector's office (here insert
location of office) within 30 days from the date hereof.
Dated (insert date).
.... Collector.
When such assessment or special tax is levied to be paid in
installments, such notice shall, in addition to the foregoing, contain the
amount of each installment, the rate of interest deferred installments
bear, and the date when payable.
(Source: P.A. 91-357, eff. 7-29-99.)
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(65 ILCS 55/20) (from Ch. 24, par. 808.20)
Sec. 20.
Sections 9-2-80 through 9-2-96 and Section 9-2-98 of the "Illinois
Municipal Code", approved May 29, 1961, as amended, are incorporated into
and made part of this Act.
(Source: P.A. 76-830.)
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(65 ILCS 55/21) (from Ch. 24, par. 808.21)
Sec. 21.
The general revenue laws of this State in reference to proceedings
to recover judgment for delinquent taxes, the sale of property thereon, the
execution of certificates of sale and deeds thereon, the force and effect
of such sales and deeds, and all other laws in relation to the enforcement
and collection of taxes, and redemption from tax sales, except as herein
otherwise provided, shall be applicable to proceedings to collect such
special assessment and special taxes.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/22) (from Ch. 24, par. 808.22)
Sec. 22.
For the purpose of anticipating the collection of any special tax
or special assessment or any installment thereof, it shall be lawful for such
city, village or town, to issue bonds, payable out of said special tax, or
special assessment, or installment thereof, bearing interest at a rate not
more than the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, nor less than 4% per
annum, payable annually and signed by such officers as may be by ordinance
prescribed; and bonds shall be issued in sums of $100, or
some multiple thereof, and shall be dated and draw interest from the date
of the issuing of the same. Each bond, if payable out of any installment,
shall state on its face out of which installment it is payable, and shall
state, by number or other designation, the assessment to which such
installment belongs. The principal of such bonds shall not exceed, in the
aggregate, the amount of such deferred installments, and shall be divided
into as many series as there are deferred installments: Provided, nothing
herein contained shall be construed to prevent the payment of any voucher
or bond out of an installment having a surplus to its credit, other than
the one against which the same is issued. The intent and meaning thereof
being that in case from any cause the installment against which such bond
or voucher is drawn has not sufficient money to the credit thereof to pay
the same, the entire amount of the assessment or any installment thereof
may be applied toward the payment of any such vouchers or bonds issued
against the assessment. Each series shall become due at some time in the
year in which the corresponding installment will mature, such date to
conform, as nearly as may be, to the time when such installment will be
actually collected, such time to be estimated and determined by the
municipal officers issuing such bonds: Provided, also, that it shall be
lawful to provide in the case of any one or more of the bonds in any
series, that such bond or bonds shall not become due until some subsequent
date, not later than the 31st day of December next succeeding the
January in which the installment against which such series is issued shall
become due and payable. Such bonds may be in the following form:
State of Illinois,) ) ss.County of ........)
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IMPROVEMENT BOND
The .... of .... in .... County, Illinois, for value received, promises
to pay to the bearer on the .... day of ...., ...., the sum of $....,
with interest thereon from date hereof, at the rate of .... %, payable
annually on presentation of the coupons hereto annexed.
Both principal and interest of this bond are payable at the office of
the treasurer of the .... of .....
This bond is issued to anticipate the collection of a part of the ....
installment of special assessment No. .... levied for the purpose of ....
which the installment bears interest from the .... day of
...., ....
and this bond and the interest thereon are payable solely out of the
installments when collected.
Dated this .... day of ...., .....
The bond may have coupons attached to represent the interest to
accrue thereon.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(65 ILCS 55/23) (from Ch. 24, par. 808.23)
Sec. 23.
Payment for any improvement done or performed under the provisions
of this Act, to be paid for out of any special assessment or special tax
levied in installments, as herein provided, may be made in the bonds herein
provided for. If such first installment is not collected when payments fall
due, vouchers therefor may be issued, payable out of the first installment
when collected. Such vouchers shall bear interest at a rate not more than
six per centum per annum nor less than four per centum per annum, payable
annually, and shall be signed by such officers as may be by ordinance
prescribed.
(Source: Laws 1935-36, 1st SS, p. 39.)
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(65 ILCS 55/24) (from Ch. 24, par. 808.24)
Sec. 24.
Any property owner, or his agent, may pay his assessment wholly or
in part, either before or after the same is due, and whether or not the
assessment has been withdrawn from collection or the property assessed has
been sold to any municipality or forfeited to the State for the non-payment
of such assessment, with the bonds or vouchers heretofore or hereafter
issued under this Act on account of such assessment, applying, however, the
bonds and vouchers of each series only to the payment of the installments
to which they relate. In making such payments, such vouchers and bonds
shall be taken at their par value and interest accrued to the date of
making such payment. All vouchers and bonds received in payment of such
assessment shall be cancelled by the officer receiving the same, as of the
date of their receipt, and deposited with the treasurer of the said town or
village or the City Comptroller of the City issuing the same. Provided,
however, that when the amount of the assessment is less than that of the
bond or voucher, the officer receiving the same shall issue a receipt for
the balance which shall entitle the owner to the same rights, except as to
negotiability, as if the receipt were the original bond or voucher in the
amount of the balance.
Any such endorsement on any such bond or voucher shall be made by
writing or stamping across the face thereof the words "Payments upon this
bond (or voucher) are listed upon the back".
(Source: Laws 1943, vol. 1, p. 422.)
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(65 ILCS 55/25) (from Ch. 24, par. 808.25)
Sec. 25.
No person or persons accepting the vouchers or bonds as
provided herein shall have any claim or lien upon the city, town or
village in any event for the payment of such vouchers or bonds or the
interest thereon, except from the collections of the assessment against
which said vouchers or bonds are issued, but the municipality shall not,
nevertheless, be in any way liable to the holders of said vouchers or
bonds in case of failure to collect the same, but shall, with all
reasonable diligence, so far as it can legally do so, cause a valid
special assessment or assessments, special tax or taxes, as the case may
be, to be levied and collected, to pay said bonds and vouchers, until
all bonds and vouchers shall be fully paid. Any holder of vouchers or
bonds, or their assigns, shall be entitled to summary relief by way of
mandamus or injunction to enforce the provisions hereof.
(Source: Laws 1935-36, 1st SS, p. 39.)
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