(55 ILCS 5/Div. 5-32 heading) Division 5-32.
Local Improvements
|
(55 ILCS 5/5-32001) (from Ch. 34, par. 5-32001)
Sec. 5-32001.
Right to make local improvements.
Any county may make
a local improvement outside of a municipality, as defined in Section 1-1-2
of the "Illinois Municipal Code", whenever the public necessity requires
such improvement, subject only to the limitations prescribed in this
Division. This Division shall not be construed as repealing any other laws
with respect to county government, but shall be considered as an additional
grant of power for the purposes herein set out. Any number of streets,
avenues, lanes or alleys, sidewalks, or any other public places, or parts
thereof, or private roads or streets, in platted subdivisions of the county
to be improved may be included in one proceeding, as provided in this
Division, even though they may be intersected by previously improved
streets, avenues, roads or alleys which are not included in the proceeding,
where they are contiguous or part of a connected system with reciprocal
benefits. This Division shall not be construed to limit the powers of
municipalities contained in Article 11 of the Illinois Municipal Code.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32002) (from Ch. 34, par. 5-32002)
Sec. 5-32002.
Definitions.
In this Division the following terms have
the meanings ascribed to them unless the context indicates otherwise:
"Local improvements" means the constructing, installing, improving or
extending of storm sewers, sanitary sewers or water mains; the improving,
widening, extending or repairing of any street, highway, road,
boulevard, alley, sidewalk or other public way; the constructing,
installing or repairing of curbs, gutters, street lights and all necessary
appurtenances thereto; or any combination thereof, within or abutting on
any platted subdivision either prior to or after any structures are placed
within such platted subdivision.
"Platted subdivision" is any described tract of land which has been
divided into 2 or more lots or parcels which involved the creation of a new
street and which has been recorded.
"County" means any county in this State which is not a home rule unit.
"Attorney" means the attorney employed by the county committee
of local improvements to furnish the necessary legal services in connection
with any local improvement to be constructed under this Division.
"Engineer" means the engineer employed by the county committee
of local improvements to prepare the necessary plans, estimates and
specifications, and supervise construction of any local improvement to be
constructed under this Division.
"Committee" means the Committee of Local Improvements created by this
Division.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32003) (from Ch. 34, par. 5-32003)
Sec. 5-32003.
Committee of local improvements.
There is created the
Committee of Local Improvements consisting of the presiding officer of the
County Board, or some person designated by him as his representative for
the purposes of this Committee, the county engineer or superintendent of
highways or administrative head of the county department
of public works as determined by such presiding officer, and 3 members of
the County Board appointed by the presiding officer of the county board
with the advice and consent of the county board. The Committee shall elect
from its members a president, except that the Chairman or President of the
County Board, or his representative, as the case may be is prohibited from
serving in that capacity. The county board shall provide by resolution for
compensation not to exceed $15 per day for each member while performing his
duties as a member of the Committee. The Committee may employ a secretary
who shall keep the minutes of the Committee's proceedings and be the
custodian of all papers pertaining to the business of the Committee and
shall perform all other duties the Committee prescribes.
(Source: P.A. 86-962; 87-217.)
|
(55 ILCS 5/5-32004) (from Ch. 34, par. 5-32004)
Sec. 5-32004.
Origination of local improvements.
The Committee may
originate a local improvement as defined in this Division anywhere in the
county outside of a municipality, as defined in Section 1-1-2 of the
"Illinois Municipal Code", as amended, such improvement to be paid for by
special assessment, either with or without a petition, by the adoption of a
resolution describing the local improvement abutting or within the platted
subdivision to be so improved. This resolution shall be at once transcribed
into the records of the Committee and shall be presented to the members of
the county board at any regularly scheduled meeting accompanied by a
recommendation from the Committee for the adoption of a resolution by the
county board describing the public way to be so improved.
A resolution adopted without a petition shall be revoked by the county
board without further action on the improvement sought if the owners of
record of more than one-half of the property abutting on or within any
platted subdivision located outside the boundaries of a municipality
object, by petition, by individual objections in writing, or by a
combination of petitions and individual objections. Objections and
petitions against an improvement shall be filed within 30 days of
notification to the owners of record of the assessment.
Proceedings to make a local improvement also may be instituted whenever
the owners of record of one-half the property abutting on or within any
platted subdivision located outside the boundaries of a municipality,
petitions the Committee of the county for a local improvement thereon. The
Committee shall present such petition to the members of the county board at
a regularly scheduled meeting, and recommend the adoption of a resolution
by the board describing the public way to be so improved. If the
resolution is so adopted by the county board, the Committee of local
improvements shall proceed with all of the necessary steps for the
improvement.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32005) (from Ch. 34, par. 5-32005)
Sec. 5-32005.
Applicability of Division.
The provisions
of this Division may be made applicable to improvement of a
private street or road upon petition signed by 3/5 of the owners
of record of properties abutting or served by such private street
or roadway. The petition shall be filed with the Committee and is
subject to the provisions of Section 5-32004 and subsequent
provisions of the Division. Upon completion of the improvement,
the improvement is to be incorporated into the township or district
road system as provided in Section 6-325 of the Illinois Highway Code.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32006) (from Ch. 34, par. 5-32006)
Sec. 5-32006.
Public hearing on resolution.
After the adoption of
the resolution for a local improvement as provided for in this Division,
the Committee by a resolution shall fix a day and hour for a public hearing
thereon. The hearing shall be not less than 10 days after the adoption of
the resolution. The Committee shall also have an estimate of the cost of
the improvement made in writing and signed by the president. This estimate
shall be itemized to the satisfaction of the Committee and shall be made a
part of the records of the resolution.
Notice of the time, place and hour of the proposed hearing shall be sent
by mail directed to all persons who paid the general taxes for the last
preceding year on each lot, block, tract or parcel of land fronting on the
proposed improvement and to all municipalities the boundaries of which lie
within one and one-half miles from the location of the proposed local
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 Committee;
2. The estimate of the cost of the proposed improvement;
3. A notification that the nature, extent, kind, character and the
estimated cost of the proposed improvement may be changed by the Committee
at the public hearing thereon.
If, upon the hearing the Committee considers the proposed improvement
desirable it shall adopt a resolution and prepare and submit an ordinance
therefor.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32007) (from Ch. 34, par. 5-32007)
Sec. 5-32007.
Conduct of public hearing.
At the time and place fixed
in the specified notice for the public hearing, the Committee shall meet
and hear the representations of any person desiring to be heard on the
subject of the necessity for the proposed improvement, the nature thereof,
or the cost as estimated. In case any person appears to object to the
proposed improvement or any of the elements thereof at the public hearing
the Committee shall adopt a new resolution abandoning the proposed
improvement or adhering thereto or changing, altering or modifying the
extent, nature, kind, character and estimated cost provided the change does
not increase the estimated cost of the improvement to exceed 20% of such
cost without a further public hearing thereon as it considers most desirable.
Thereupon, if the proposed improvement is not abandoned, the Committee
shall have an ordinance prepared to be submitted to the county board at a
regularly scheduled meeting. This ordinance shall prescribe the nature,
character, locality and description of the improvement and shall provide
that the improvement shall be made wholly by special assessment of
contiguous abutting property.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32008) (from Ch. 34, par. 5-32008)
Sec. 5-32008.
Recommendation of improvement.
Accompanying
any ordinance for a local improvement presented by the Committee
shall be a recommendation of such improvement by the Committee
signed by at least a majority of the members thereof. The
recommendation by the Committee shall be prima facie evidence
that all of the requirements of the law have been complied with.
If a variance is shown in the proceedings in the Court it shall
not affect the validity of the proceedings unless the court
considers the variance willful or substantial.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32009) (from Ch. 34, par. 5-32009)
Sec. 5-32009.
Estimate of cost of improvement.
An estimate of the cost of the improvement including the cost of
engineering services as originally contemplated or as changed, altered, or
modified at the public hearing itemized so far as the Committee thinks
necessary shall be presented along with the ordinance and the
recommendation. This estimate of cost shall be presented over the signature
of the President of the Committee, who shall certify that, in his opinion,
the estimate of cost does not exceed the probable cost of the improvement
proposed and lawful expenses attending the improvement. The recommendation
by the Committee shall be prima facie evidence that it is based upon full
compliance with the requirements of the Division.
No ordinance for any local improvement to be paid for by special
assessment shall be considered or passed as provided for herein unless the
ordinance is first recommended by the Committee.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32010) (from Ch. 34, par. 5-32010)
Sec. 5-32010.
Petition for levy of special assessment.
Upon the passage of any ordinance for a local improvement pursuant
thereto, a petition shall be filed in the circuit court in the county where
the affected territory lies praying that steps be taken to levy a special
assessment for the improvement in accordance with the provisions of that
ordinance. There shall be attached to or filed with this petition a
certified copy of the ordinance and a copy of the recommendation of the
Committee and the estimate of cost as approved. The failure to file any or
either of these copies shall not affect the jurisdiction of the court to
proceed in the cause and to act upon the petition, but if it appears in any
such cause that the copies have not been attached to or filed with the
petition, before the filing of the assessment roll therein, then upon
motion of any objector for that purpose on or before appearance day in the
cause the entire petition and the proceedings shall be dismissed.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32011) (from Ch. 34, par. 5-32011)
Sec. 5-32011.
Manner of assessment.
Upon the filing of such a
petition the President of the Committee shall appoint some competent person
who is a resident and elector of the county to make a true and impartial
assessment of, the cost of the specified improvement upon the property
benefited by the improvement.
The levying officer shall apportion and assess the amount found to be of
benefit to the property contiguous or abutting upon the improvement upon
the several lots, blocks, tracts and parcels of land in the proportion in
which they will severally be benefited by the improvement. No lot, block,
tract or parcel of land shall be assessed a greater amount than it will
actually be benefited. In levying any special assessment each lot, block,
tract or parcel of land shall be assessed separately in the same manner as
upon the assessment for general taxation.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32012) (from Ch. 34, par. 5-32012)
Sec. 5-32012.
Assessment roll.
The assessment and the amount as found by the levying officer shall be
known as the assessment roll. It shall contain,
1. A list of all of the lots, blocks, tracts and parcels of land
assessed for the proposed improvement;
2. The amount assessed against each;
3. 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 levying officer making the return or under his
direction;
4. The residence of the person so paying the taxes on each such parcel
if the residence on diligent inquiry can be found;
5. The amount of each installment shall also be stated.
The levying officer making the roll shall certify under oath that he
believes that the amount assessed against each parcel of property is just
and equitable and does not exceed the benefit which in each case will be
derived from the improvement, and that no lot, block, tract or parcel of
land has been assessed more than its proportionate share of the cost of the
improvement. Each lot or part of land owned and improved as one parcel may
be assessed as one parcel.
Notice shall be given by the levying officer of the nature of the
improvement, of the pendency of the proceedings, of the time and place of
the filing of the petition therefor, of the time and place of the filing of
the assessment roll and of the time and place at which application will be
made for the confirmation of assessment, the same to be not less than 15
days after the mailing of such notices. Notices shall be sent by mail
postage prepaid to each of the specified persons paying taxes on the
respective parcels during the last preceding year during which taxes were
paid at his residence as shown on the Assessment Roll. The notice shall
include the legal description of the property assessed, the amount assessed
to the person to whom it is directed for the improvement proposed and the
total amount of the improvement. An affidavit shall be filed before the
final hearing showing a compliance by the levying officer with the
requirements of this Division, and also showing that the
levying officer or some one acting under his direction made a careful
examination of the collector's books, showing the payment of general taxes during the last
preceding year in which the taxes were paid thereon, to ascertain the
person who last paid the taxes on the respective parcel and a diligent
search for his residence and that the report clearly states the person and
residence as ascertained by the affiant. This report and affidavit shall be
sufficient evidence for the purpose of this proceeding of the correctness
of the assessment roll in these particulars. In case the affidavit is found
in any respect willfully false, the person making it is guilty of perjury.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32013) (from Ch. 34, par. 5-32013)
Sec. 5-32013.
Installments; interest.
The ordinance provided for in
this Division shall provide that the aggregate amounts assessed in each
individual assessment shall be divided into
installments not more than 10 in number. 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 of the aggregate equal in amount and each a multiple of $100. The
first installment shall be due and payable on January 2 next, after the
date of the first voucher issued on account of construction work done, and
the second installment one year thereafter and so on annually until all
installments are paid. The Committee shall file in the office of the Clerk
of the Circuit Court in which such assessment was confirmed a certificate
signed by its secretary of the date of the first voucher and the amount
thereof within 30 days after the issuance thereof. All installments shall
bear interest as hereinafter provided until paid at the rate of not to
exceed 7% annually. Interest on assessments shall begin to run from the
date of the first voucher issued on account of construction work done. The
interest on each installment shall be paid as follows: On January 2, next
succeeding the date of the first voucher as certified the interest accruing
up to that time on all unpaid installments shall be due and payable with
the installment, and thereafter the interest on all unpaid installments
then payable shall be payable annually and be collected therewith. In all
cases the County Collector, whenever payment is made on any installment,
shall collect interest thereon up to the date of such payment whether the
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 herein provided up to the date of the
payment.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32014) (from Ch. 34, par. 5-32014)
Sec. 5-32014.
Special assessment notice.
The
Committee in addition to the notice in this Division provided for shall
publish a notice at least twice not more than 30 days nor less than 15 days
in advance of the time at which the confirmation of the specified
assessment is to be sought, in one or more newspapers published in the
county or if no newspaper is published therein then in one or more
newspapers with a general circulation in the county. The notice shall be
over the name of the levying officer and shall be substantially as follows:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given to all persons interested that the County of ....
has order that (herein insert a brief description of the nature of the
improvement), the ordinance for the improvement being on file in the office
of the County Clerk, having applied to the Circuit Court of .... County,
for an assessment of the costs of the improvement according to benefits an
assessment therefor having been made and returned to that Court, a 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 that Court before that day
and may appear on the hearing and make their defense.
(Here give date)
NAME
.... (LEVYING OFFICER)."
The number of installments and the rate of interest also shall be stated.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(55 ILCS 5/5-32015) (from Ch. 34, par. 5-32015)
Sec. 5-32015.
Extension of time for filing objections.
If 15 days have not elapsed between the first publication and the day
fixed in the notice for filing objections, the cause shall be continued for
15 days, and time for filing objections shall be correspondingly extended.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32016) (from Ch. 34, par. 5-32016)
Sec. 5-32016.
Filing objections to report; default.
Any person
interested in any real estate to be affected by an assessment, may appear
and file objections to the report by the time mentioned in the specified
notice, or in case of incomplete notice than as specified in Section
5-32015, or within such further time as the court may allow. The court may
make an order in regard to the time of filing these objections 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 specified time, or such other
time as may be ordered by the court, default may be entered and the
assessment may be confirmed by the court, notwithstanding the fact that
objections may be pending and undisposed of as to other property.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32017) (from Ch. 34, par. 5-32017)
Sec. 5-32017.
Inquiries; powers of court.
Upon objections or motions for that purpose, the court in which the
specified proceeding is pending may inquire in a summary
way whether the
officer making roll has omitted any property benefited, and whether or not
the assessment as made and returned is an equitable and just distribution
of the cost of the improvement among the parcels of property assessed. The
court has the power upon such application being made, to revise and correct
the assessment levied or to change the manner of distribution among the
parcels of private property, so as to produce a just and equitable
assessment. The court may either make such corrections or change or
determine in general the manner in which the corrections or changes shall
be made and refer the assessment roll back to the levying officer for
revisions, corrections or alterations in such manner as the court may
determine.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(55 ILCS 5/5-32018) (from Ch. 34, par. 5-32018)
Sec. 5-32018.
Hearing.
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 it is assessed more than its proportionate share of
the cost of the improvement, for a hearing at a time to be fixed by the
court. Upon this 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 that proceeding, with the exception specified, and shall
thereupon enter an order in accordance with the conclusions it reaches. But
this order shall not be a final disposition of any of these questions for
the purpose of appeal, unless the objectors waive further controversy as to
the remaining question upon the record.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32019) (from Ch. 34, par. 5-32019)
Sec. 5-32019.
Proceedings.
If it is objected to on the part of any property assessed for such an
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 the improvement, and a jury is not waived by agreement of the
parties, the court shall impanel a jury to try that issue. In that 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 who made it, 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 objected owner but shall
not be counted as the testimony of any witness or witnesses in the cause.
That 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 that issue or
issues. The hearing shall be conducted as in other civil cases. If it
appears that the property of any objector is assessed more than it will be
benefited by the specified improvement, or more than its proportionate
share of the cost of the improvement, the jury shall so find, and it shall
also find the amount for which that property ought to be assessed, and
judgment shall be rendered accordingly.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32020) (from Ch. 34, par. 5-32020)
Sec. 5-32020.
Distribution of deficiency.
Whenever, on a hearing by the court or before a jury, the amount of any
assessment is reduced or cancelled, so that there is a deficiency in the
total amount remaining assessed in the proceeding, the court may, in the
same proceeding, distribute this deficiency upon the other property in the
district assessed, in such manner as the court finds just and equitable,
not exceeding, however, the amount such property will be benefited by the
specified improvement.
In case any portion of this deficiency is 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. The
owners of or parties interested in such property have the right to object
in the same form and with the same effect as in case of the original
assessment, and the court has the same power to dispose thereof.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32021) (from Ch. 34, par. 5-32021)
Sec. 5-32021.
Time for hearing.
The hearing in all the cases arising
under this Division, may be had at such time as the court may designate,
and such proceedings shall have precedence over all other cases in any
court, where they are brought, except criminal cases, or other cases in
which the public is a moving party.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32022) (from Ch. 34, par. 5-32022)
Sec. 5-32022.
Additional powers of court.
The court before which any
such proceedings may be pending may modify, alter, change, annul, or
confirm any assessment returned as specified, 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 the improvement, according to the
principles of this Division, 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: P.A. 86-962.)
|
(55 ILCS 5/5-32023) (from Ch. 34, par. 5-32023)
Sec. 5-32023.
Effect of similar improvements previously made in
same locality. It is no objection to the legality of any local
improvement that a similar improvement has been previously made in the same
locality, if the ordinance therefor is recommended by the Committee as
above provided, but nothing contained in this Division shall interfere with
any defense in this proceeding relating to the benefits received therefrom.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32024) (from Ch. 34, par. 5-32024)
Sec. 5-32024.
Confirmation of assessment roll.
In case of a special assessment to be paid by installments under the
provisions of this Division, the order of confirmation that is
entered upon the return of the assessment roll shall apply to all of the
installments thereof, and may be entered in one order.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32025) (from Ch. 34, par. 5-32025)
Sec. 5-32025.
Review; effect of judgments.
The
judgments of the court shall be final as to all the issues involved,
and the proceedings in the specified cause shall be subject to review by
appeal as provided in this Division and not otherwise. However,
by mutual consent such a judgment may be vacated or modified
notwithstanding the expiration of 30 days from the rendition of the
judgment, except as provided in this Division.
Such judgment 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 a lien on behalf of the county making any
improvement, for the payment of which the 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 the
judgment is paid or the property against which any such judgment is
entered is sold to pay the judgment.
Nothing in this Division shall interfere with the right of
the petitioner to dismiss its proceedings, and for that purpose to vacate
such a judgment at its election at any time before commencing the actual
collection of the assessment. The court in which the judgment is
rendered shall enter an order vacating or annulling the judgment of
confirmation on motion of the petitioner entered at any time after the
expiration of 30 days from the rendition of that judgment of
confirmation upon a showing by petitioner that no contract was let or
entered into for the making of the specified improvement within the time
fixed by law for the letting of the contract, or that the making of the
improvement under the original proceeding was never commenced, or that
the making of the improvement under the prior proceeding was never
commenced, or that the making of the improvement under the prior
proceedings was abandoned by petitioner. No judgment entered in such a
proceeding so dismissed and vacated shall be a bar to another like or
different improvement. However, after the contract for the work has been
entered into, or the improvement bonds have been issued, no judgment
shall be vacated or modified or any petitioner dismissed after the
expiration of 30 days from the rendition of the judgment, nor shall the
collection of the assessment be in any way stayed or delayed by the
Committee, or any officer of the county without the consent of the
contractor or bondholder.
The county may file a complaint to foreclose the lien of special
assessment in the same manner that foreclosures are permitted by law in
cases of delinquent general taxes. However, no forfeiture of the
property shall be required as a prerequisite for such foreclosure.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32026) (from Ch. 34, par. 5-32026)
Sec. 5-32026.
Supplemental assessment.
At any
time after the bids have been received pursuant to the provisions of this
Division, if it appears to the satisfaction of the Committee that the
first assessment is insufficient to pay the contract price or the bonds or
vouchers issued or to be issued in payment of the contract price, together
with the amount required to pay the accruing interest thereon, the
Committee shall make and file an estimate of the amount of the deficiency.
Thereupon a second or supplemental assessment for the estimated deficiency
of the cost of the work and interest may be made in the same manner as
nearly as may be as in the first assessment, and so on until sufficient
money has been realized to pay for the improvement and the interest. It
shall be no objection to the supplemental assessment that the prior
assessment has been levied, adjudicated and collected unless it appears
that in that prior cause upon proper issue made, it was specially found in
terms, that the property objected for would be benefited by the improvement
no more than the amount assessed against it in that prior proceeding. If
too large a sum is raised at any time, the excess shall be refunded ratably
to those against whom the assessment was made.
But if the estimated deficiency exceeds 10% of the original estimate, no
contract shall be awarded until a public hearing has been held on the
supplemental proceeding in like manner as in the original proceedings. No
more than one supplemental assessment shall be levied to meet any
deficiency where the deficiency is caused by the original estimate being
insufficient.
However, the petitioner, in case it so elects, may dismiss the petition
and vacate the judgment of confirmation at any time after the judgment of
confirmation is rendered, and begin new proceedings for the same or a
different improvement.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32027) (from Ch. 34, par. 5-32027)
Sec. 5-32027.
New assessment.
If from any cause any county fails to collect the whole or any portion
of any special assessment which may be levied, which is not cancelled or
set aside by order of any court, for any public improvement authorized to
be made and paid for by a special assessment, the Committee, at any time
within 5 years after the confirmation of the original assessment, may
direct a new assessment to be made upon the delinquent property for the
amount of the deficiency and interest thereon from the date of the original
assessment, which assessment shall be made, as nearly as may be, in the
same manner as is prescribed in this Division for the first assessment. In
all cases where partial payments 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 this new assessment proves insufficient, either in whole
or in part, the Committee at any time within the specified period of 5
years, may order a third to be levied, and so on in the same manner and for
the same purpose. It shall constitute no legal objections to any new
assessments that the property may have changed hands, or been encumbered
subsequent to the date of the original assessment.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32028) (from Ch. 34, par. 5-32028)
Sec. 5-32028.
Certification of assessment roll; collection of
assessments. Within 30 days after the filing of the report of the amount
and date of the first voucher issued on account of construction work done,
the clerk of the court in which such judgment is rendered shall certify the
assessment roll and judgment to the township collector or county collector
authorized to collect the special assessment, or if there has been an
appeal taken on any part of the judgment, he shall certify such part of
the judgment as is not included in that appeal. This certification shall be
filed by the officer receiving it in his office. With the assessment roll
and judgment the clerk of the designated court shall also issue a warrant
for the collection of the assessment. The court has the 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 are abandoned by the petitioner or
the judgment is vacated or modified in a material respect as hereinbefore
provided, but not otherwise. In case the assessment roll has been abated
and the judgment reduced, the clerk of the designated court, within 30 days
thereafter, shall certify the order of reduction or the roll as so reduced
or recast under the direction of the court to the county collector
authorized to collect the special assessment, and shall issue a warrant for
the collection of the assessment as so reduced or recast.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32029) (from Ch. 34, par. 5-32029)
Sec. 5-32029.
Effect of appeal on part of judgment; warrant.
If an appeal is taken on any part of such judgment and if the Committee
elects to proceed with the improvement, notwithstanding such an appeal, the
clerk shall certify the appealed portion, from time to time, in the manner
above-mentioned, as the judgment is rendered thereon, and the warrant
accompanying this certificate in each case shall be authority for the
collection of so much of the assessment as is included in the portion of
the roll thereto attached.
The warrant in all cases of assessment under this Division, shall contain
a copy of the certificate of the judgment, describing lots, blocks, tracts
and parcels of land assessed so far as they are contained in the portion of
the roll so certified and shall state the respective amounts assessed on
each lot, block, tract or parcel of land, and shall be delivered to the
officer authorized to collect the 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 that assessment, but if he receives only
a part of the installment, then he shall receive them in their numerical
order.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32030) (from Ch. 34, par. 5-32030)
Sec. 5-32030.
Notice by collector.
The collector, or some person
designated by him and under his direction, receiving such a warrant shall
give notice thereof within 10 days by publishing a notice once each week
for 2 successive weeks in one or more newspapers published in the county or
if no newspaper is published therein then in one or more newspapers with a
general circulation in the county. This notice shall be in the form
substantially as follows:
SPECIAL ASSESSMENT NOTICE
Special Warrant No.
NOTICE: Publication is hereby given that the (here insert title of
court) has rendered judgment for a special assessment upon property
benefited by the following improvement: (here describe the character, and
location of the improvement in general terms) as will more fully appear
from the certified copy of the judgment on file in my office; that the
warrant for the collection of this assessment is in my possession. 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).
When such an assessment is levied to be paid in installments, the notice
shall contain also the amount of each installment, the rate of interest
deferred installments bear and the date when payable.
The collector or some person designated by him and under his direction,
into whose possession the warrant comes shall by written or printed notice,
mailed to all persons whose names appear on the assessment roll inform them
of the special assessment and request payment thereof.
Any collector omitting to do so is liable to a penalty of $10 for any
such omission, but the validity of the special assessment or the right to
apply for and obtain judgment thereon is not affected by such an omission.
It is the duty of such collector to write the word "Paid" opposite each
tract or lot on which the assessment is paid, together with the name and
post office address of the person making the payment and the date of the
payment.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(55 ILCS 5/5-32031) (from Ch. 34, par. 5-32031)
Sec. 5-32031.
Payment of moneys collected.
The county collector
where that officer is authorized to collect the warrants by general law
shall pay over to the county treasury all moneys collected by him by virtue
of such warrants or upon any sale for taxes or otherwise at such time or
times and in such manner as is fixed by law.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32032) (from Ch. 34, par. 5-32032)
Sec. 5-32032.
Report of delinquent special assessments.
The collector shall, on or before the 15th day of August in each year,
make a report in writing to the general office of the county in which the
respective lots, tracts and parcels of land are situated, authorized by the
general revenue laws of this State to apply for judgment and sell lands for
taxes due the county and State, of all the land, town lots, and real
property on which he has been unable to collect special assessments or
installments thereof matured and payable, or interest thereon, or interest
due to the preceding January 2 on installments not yet matured on all
warrants in his possession, with the amount of those delinquent special
assessments or installments and interest, together with his warrants; or,
in case of an assessment levied to be paid by installments, with a brief
description of the nature of the warrant or warrants received by him
authorizing the collection thereof. This report shall be accompanied with
the oath of the collector (1) that the list is a correct return and report
of the land, town lots, and real property on which the special assessment
(levied by the authority of the county of ....), or installments thereof,
or interest remains due and unpaid, (2) that he is unable to collect the
same, or any part thereof, and (3) that he has given the notice required by
law that the specified warrants have been received by him for collection.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32033) (from Ch. 34, par. 5-32033)
Sec. 5-32033.
Applicability of general revenue laws.
The general
revenue laws of this State with 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, shall be applicable to
proceedings to collect the special assessment provided for in this Division.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32034) (from Ch. 34, par. 5-32034)
Sec. 5-32034.
Contractor's claim or lien on special assessments.
No person obtaining contracts from the county and agreeing to be paid
out of special assessments, has any claim or lien upon the county in any
event, except from the collection of special assessments made or to be made
for the work contracted for. However, the county shall cause collections
and payments to be made with all reasonable diligence. If it appears that
such an assessment cannot be levied or collected the county nevertheless,
is not in any way liable to a contractor in case of failure to collect the
assessment, but so far as it can legally do so, with all reasonable
diligence, shall cause a valid assessment or assessments to be levied and
collected to defray the cost of the work until all contractors are fully
paid. Any contractor is entitled to the summary relief of mandamus or
injunction to enforce the provisions of this Section.
The county treasurer shall keep a separate account of each special
assessment warrant number, and of the moneys received thereunder.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32035) (from Ch. 34, par. 5-32035)
Sec. 5-32035.
Contracts for work or public improvements.
Any work or
other public improvement to be paid for by special assessment shall be
constructed by contract let to the lowest responsible bidder in the manner
prescribed in this Division. Such contract shall be approved by the Committee.
Within 90 days after judgment of confirmation of any special assessment
levied in pursuance of this Division has been entered, if there
is no appeal perfected, or other stay of proceedings by a court having
jurisdiction, or the judgment of confirmation as to any property is
appealed from, then if the petitioner files in the case a written election
to proceed with the work, notwithstanding the appeal, or other stay, steps
shall be taken to let the contract for the work in the manner provided in
this Division. If the judgment of confirmation of the special
assessment levied for the work is appealed from, or stayed by order of
court having jurisdiction, and the petitioner files no such election then
the steps provided in this Division for the letting of the
contract for the work shall be taken within 15 days after the final
determination of the appeal, or the determination of the stay, unless the
proceeding is abandoned as provided in this Division.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32036) (from Ch. 34, par. 5-32036)
Sec. 5-32036.
Notice for bids; examination of bids.
Notice shall be given by the Committee that bids will be received for
the construction of such an improvement, either as a whole or in such
sections as the Committee shall specify in its notice, in accordance with
the ordinance therefor. This notice shall state the time of opening of the
bids, and shall further state where the specifications for the improvement
are to be found, and whether the contracts are to be paid in cash or in
bonds, and if in bonds, then the rate of interest the vouchers or bonds
shall draw. The notice shall be published at least twice, not more than 30
nor less than 15 days in advance of the opening of the bids, in one or more
newspapers published in the county as designated by the Committee in an
order entered in its records, or if no newspaper is published therein then
in one or more newspapers with a general circulation within the county.
Proposals or bids may be made either for the work as a whole or for
specified sections thereof. All proposals or bids shall be accompanied by
cash, or by a check payable to the order of the Committee, certified by a
responsible bank,
for an amount which shall not be less than 10% of the
aggregate of the proposal, or by a bid bond, for an amount which shall not be
less than 10% of the aggregate of the proposal. These proposals or bids
shall
be delivered to
the Committee. That committee, in open session, at the time and place fixed
in the specified notice, shall examine and publicly declare the proposal or
bids. However, no proposal or bids shall be considered unless accompanied
by such a check or cash.
(Source: P.A. 91-296, eff. 1-1-00.)
|
(55 ILCS 5/5-32037) (from Ch. 34, par. 5-32037)
Sec. 5-32037.
Bonds of successful bidders.
The successful bidder for the construction of such an improvement shall
be required to enter into bond in a sum equal to 100% of the amount of his
bid with sureties to be approved by the Committee. This bond shall be filed
with the Committee. When entering into the contract for the construction of
an improvement the bond shall provide that the contractor shall well and
faithfully perform and execute the work in all respects according to the
complete and detailed specifications, and full and complete drawings,
profiles and models therefor, and according to the time and terms and
conditions of the contract, and also that the bidder and contractor shall
promptly pay all debts incurred by him in the prosecution of the work,
including those for labor and material furnished. Suit may be brought on
the bond in case of default, or failure to pay these debts promptly, by and
in the name of the county for all damages sustained either by the county or
by any person interested or for the damages sustained by the county and all
parties in interest, or by any beneficiary or party interested, in the name
of the county for the use of the party interested as beneficial plaintiff,
to recover for the labor and materials furnished. However, in no case shall
costs be adjudged against the county in any suit brought by any party in
interest wherein the county is the nominal but not the beneficial
plaintiff.
In advertising for bids or proposal for the construction of such an
improvement, the Committee shall give notice that such a bond will be
required, and all bids or proposals shall contain an offer to furnish such
a bond upon the acceptance of such bid or proposal.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32038) (from Ch. 34, par. 5-32038)
Sec. 5-32038.
Rejection of bids; failure of bidder to enter into
contract. The Committee may reject any and all proposals or bids, should
they deem it best for the public good. If the Committee is of the opinion
that a combination exists between contractors, either to limit the number
of bidders, or to increase the contract price, and that the lowest bid is
made in pursuance thereof, the Committee shall reject all proposals or
bids. The Committee may reject the bid of any party who has been delinquent
or unfaithful in any former contract with the county. It shall reject all
proposals or bids other than the lowest regular proposals or bids of any
responsible bidder and may award the contract for the specified work or
improvement to the lowest responsible bidder at the prices named in this
bid. Such an award shall be recorded in the records of its proceedings.
Such an award, if any, shall be made within 20 days after the time fixed
for receiving bids.
If no award is made within that time, another advertisement for
proposals or bids for the performance of the work, as in the first
instance, shall be made, and thereafter the Committee shall proceed in the
manner above provided in this Division. Such a re-advertisement
shall be deemed a rejection of all former bids, and thereupon the
respective checks and bonds corresponding to the bids so rejected shall be
returned to the proper parties. However, the check accompanying any
accepted proposal or bid shall be retained in the possession of the
Committee until the contract for doing the work, as hereinafter provided,
has been entered into by the lowest responsible bidder, whereupon the
certified check shall be returned to the bidder. But if that bidder fails,
neglects, or refuses to enter into a contract to perform that work or
improvement, as provided in this Division, the certified check
accompanying his bid and the amount therein mentioned shall be declared to
be forfeited to the county, and shall be collected by it and paid into its
fund for the repairing and maintenance of like improvements. Any bond
forfeited may be prosecuted, and the amount due thereon collected and paid
into the same fund.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32039) (from Ch. 34, par. 5-32039)
Sec. 5-32039.
Persons entitled to hearing on award of contract.
Any owner or person interested in any of the property assessed and any
bidder shall be entitled to a hearing before the Committee on any question
connected with any such award.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32040) (from Ch. 34, par. 5-32040)
Sec. 5-32040.
Notice of award of contract.
A notice of such an award
of contract shall be published in one or more newspapers, designated by the
Committee in an order entered in its records, published in the county, or
if no newspaper is published therein, then in one or more newspapers with a
general circulation within the county.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32041) (from Ch. 34, par. 5-32041)
Sec. 5-32041.
Failure or refusal of original bidder to enter into
contract. If such original bidder fails or refuses for 20 days after the
first publication of the notice of award, to enter into a contract which
shall be simultaneously executed by the proper county officials and signed
by the President of the Committee and attested by the county clerk, then
the Committee without further proceedings shall again advertise for
proposals of bids as in the first instance and award the contract for the
work to the then regular lowest bidder. The bids of all persons who have
failed to enter into the contract as herein provided shall be rejected in
any bidding or election subsequent to the first bid for the same work.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32042) (from Ch. 34, par. 5-32042)
Sec. 5-32042.
Failure to complete work under contract within time
provided; performance bond. If the contractors, who may have taken any
contract, do not complete the work within the time mentioned in the
contract, or within such further time as the Committee may give them, the
Committee may relet the unfinished portions of that work, after pursuing
the formalities prescribed hereinbefore for the letting of the whole in the
first instance.
All contractors at the time of executing any contract for such public
work, shall execute a bond to the satisfaction and approval of the
Committee of the county in such a sum as the Committee deems adequate,
conditioned for the faithful performance of the contract. The sureties
shall justify, before some person competent to administer an oath, in
double the amount mentioned in that bond, over and above all statutory
exemptions.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32043) (from Ch. 34, par. 5-32043)
Sec. 5-32043.
Certification of costs; excess of assessment over
costs.
Within 30 days after the final completion of the work, the Committee
shall have the costs thereof, including the cost of engineering services
certified in writing to the court in which the assessment was confirmed,
together with an amount as in this Division is provided for to
be required to pay the accruing interest on bonds or vouchers issued to
anticipate collection. Thereupon, if the total amount assessed for the
improvement exceeds the cost of the improvement, all of that excess, except
the amount required to pay such interest as is provided in this
Division shall be abated and the judgment reduced
proportionately, so that the property owners shall be credited pro rata
upon the respective assessment for the improvement under the direction of the court.
In case the assessment is collectible in the installments, this
reduction 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 in the aggregate equal in amount
and each a multiple of $100. If prior to the entry of the order abating and
reducing the assessment, the assessment has been certified for collection
and any of the installments of the assessment so certified for collection
have become due and payable, the reduction and abatement above referred to
shall be made pro rata upon the other installments. The intent and meaning
of this is that no property owner shall be required to pay to the collector
a greater amount than his proportionate share of the cost of the work and
of the interest that may accrue thereon.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32044) (from Ch. 34, par. 5-32044)
Sec. 5-32044.
Hearing on certificate of costs.
In every assessment proceeding in which the assessment is divided into
installments, the Committee shall state in the certificate whether or not
the improvement conforms substantially to the requirements of the original
ordinance for the construction of the improvement, and shall make an
application to the court to consider and determine whether or not the facts
stated in the certificate are true. Thereupon the court, upon such an
application, shall fix a time and place for a hearing upon the application,
and shall record the application. The time of this hearing shall be not
less than 15 days after the filing of the certificate and application.
Public notice shall be given at least twice of the time and place fixed for
that hearing by publishing in a newspaper, in the same manner and for the
same period as provided in this Division for publishing notice
of application for the confirmation of the original assessment, the
publication of this notice to be not more than 30 nor less than 15 days
before the day fixed by the order for that hearing.
At the time and place fixed by the notice or at any time thereafter, the
court shall proceed to hear the application and any objection which may be
filed thereto within the time fixed in the order. Upon that hearing the
specified certificate of the Committee shall be prima facie evidence that
the matters and things stated above are true, but if any part thereof is
controverted by objections duly filed thereto, the court shall hear and
determine the objections in a summary manner and shall enter an order
according to the facts.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32045) (from Ch. 34, par. 5-32045)
Sec. 5-32045.
Findings against allegations of certificate.
If, upon the hearing, the court finds against the allegations of the
certificate, it shall enter an order accordingly. The Committee shall then
procure the completion of the improvement in substantial accordance with
the ordinance. The Committee, from time to time, may file additional or
supplemental applications or petitions in respect thereto, until the court
eventually is satisfied that the allegations of the certificate or
application are true and that the improvement is constructed in substantial
accordance with the ordinance.
If before the entry of such an order upon such a certificate, there has
been issued to the contractor in the progress of any such work, bonds or
vouchers to apply upon the contract price thereof, that contractor or the
then owner or holder of those bonds or vouchers shall be entitled to
receive in lieu thereof new bonds or vouchers of equivalent amount, dated
and issued after the entry of that order.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32046) (from Ch. 34, par. 5-32046)
Sec. 5-32046.
Inspection of work done.
The Committee shall designate someone to carefully inspect the entire
work done pursuant to any such proceeding and contract, and the materials
therefor, during the progress of the work, to the end that the contractor
shall comply fully and adequately with all the provisions of the ordinance,
and of the contract under which the work is to be done, and the
specifications therefor. Upon the complaint of any property owner that the
work or material does not comply with those requirements, the President of
the Committee shall either examine the work and material himself, or
designate some member of the Committee to do so. The President of the
Committee shall make a personal examination, and certify in writing as to
the result thereof. This written certificate shall be filed with the papers
pertaining to the Committee, and shall be open to public inspection at any
time.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32047) (from Ch. 34, par. 5-32047)
Sec. 5-32047.
Loss of voucher, bond or interest coupon.
Whenever any voucher, bond or interest coupon issued by a county in
anticipation of the collection of special assessments under any of the
provisions of this Division has been lost, destroyed or stolen,
and proof is made to the official of the county charged with making payment
on the voucher, bond or interest coupon that the loss, theft or destruction
occurred while the voucher, bond or interest coupon was owned by and in
possession of the claimant, such official shall issue or cause to be issued
and delivered to the claimant a duplicate of such voucher, bond or interest
coupon alleged to have been lost, destroyed or stolen after first endorsing
on the duplicate all payments of principal and interest made on the
original voucher, bond or interest coupon. However, the claimant shall
prior to issuance of any such duplicate execute and deliver to the county a
bond in penalty at least double the amount of the principal of such
voucher, bond or interest coupon alleged to have been lost, destroyed or
stolen with sufficient security to be approved by the county official,
conditioned to indemnify the county against all claims by any other person
on account of such voucher, bond or interest coupon and against all costs
and expenses by reason thereof.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32048) (from Ch. 34, par. 5-32048)
Sec. 5-32048.
Vouchers.
From time to time as the work progresses the
contractor shall be issued vouchers in payment therefor, and if not
converted to bonds, the vouchers so issued shall be called for payment in
numerical order and are to be paid from installments 2 through 10, as
collected. Vouchers issued for work done including engineering and the cost
of making, levying and collecting the special assessment are to be paid pro
rata against the first installment of the special assessment, as collected.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32049) (from Ch. 34, par. 5-32049)
Sec. 5-32049.
Bonds.
The county, upon the written request of the
holders of all of the outstanding and unpaid vouchers issued in payment of
the work, shall issue and deliver to such voucher holders, in exchange for
such vouchers, bonds provided for in this Section if prior to the receipt
of such request the county has not issued or has not made any commitment to
issue any bonds the funds from which are to be used toward paying such
outstanding and unpaid vouchers in full. The bonds shall be dated as of and
shall draw interest from the date of their issuance except when issued in
exchange for vouchers theretofore issued in payment of the work. In such
latter case the bonds shall be issued in the principal amount of the unpaid
balance of the vouchers and shall bear the same date as the vouchers for
which they are exchanged or the date to which interest was last paid on the
vouchers, and the bonds shall draw interest from such date. The bonds shall
be issued at not less than their par value. The bonds shall be executed by
such county officers as may be prescribed by law. The bonds shall bear
interest at a rate of 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% annually. The bonds shall recite specifically that they
are payable solely and only from the assessment levied for the payment of
the cost of the improvement, designating the improvement for which the
assessment has been levied, and shall mature on or before December 31, next
succeeding the January 2, on which the last installment shall mature.
Interest coupons attached to the bond shall bear the official or facsimile
signatures of the same officers who signed the bonds and shall be made
payable at the office of the county treasurer. The bonds shall be numbered
consecutively beginning with number one upwards and shall be payable in
their numerical order and redeemable prior to maturity in numerical order
as hereinafter provided. Each of the bonds issued pursuant to this Section
shall bear a legend on the face of the bond printed in bold face type and
in a paragraph by itself to the effect that the bond is one of a series of
bonds which are to be paid and redeemed in numerical order and not on a pro
rata basis.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
authorizing certain counties to undertake local improvements and defining
the powers and duties of such counties with respect thereto", approved
August 18, 1972, that may appear to be or to have been more restrictive
than those Acts, (ii) that the provisions of this Section or its
predecessor are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
or its predecessor within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Division
or "An Act authorizing certain counties to undertake local improvements and
defining the powers and duties of such counties with respect thereto",
approved August 18, 1972, that may appear to be or to have been more
restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
|
(55 ILCS 5/5-32050) (from Ch. 34, par. 5-32050)
Sec. 5-32050.
Form of bonds.
The bonds authorized in the preceding
Section may be in the following form:
"UNITED STATES OF AMERICA
Number
Dollars ....
.... State of Illinois
County of Cook
.... of ....
IMPROVEMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that the County of ...., State of Illinois,
hereby acknowledges itself to owe, and for value received promises to pay
to the BEARER the sum of .... Dollars ($....) on the .... day of .... but
subject to prepayment at the par value hereof at any time as hereinafter
provided, together with interest thereon at the rate of .... per cent (..%)
per annum, from date hereof until paid, payable on the .... day of .... and
annually thereafter on the .... day of .... in each year on presentation
and surrender of the interest coupons hereto attached.
Bond principal and interest on this bond are payable at the office of
the treasurer of said County of ...., in lawful money of the United States
of America.
This bond is issued in exchange for part of the vouchers issued in
payment of the work done under Special Assessment No. .... levied, for the
purpose of ...., which assessment bears interest from the .... day of ....
and this bond and the interest thereon are payable solely out of the
installments of the assessment when collected.
THIS BOND IS ONE OF A SERIES OF BONDS WHICH ARE TO BE PAID AND REDEEMED
IN NUMERICAL ORDER AND NOT ON A PRO RATA BASIS.
The bonds in the series, aggregating .... Dollars ($....) are numbered
from .... to .... inclusive, bonds numbered .... to .... being of the
denomination of $.... each, are bonds numbered .... to .... being of the
denomination of $.... each.
By the terms of the statute and ordinance authorizing these bonds,
whenever there shall be sufficient funds in the hands of the treasurer of
the county of .... after the payment of all interest due on the bonds and
after the establishment of such reserve, if any, as the treasurer, in his
discretion may deem advisable to pay interest to become due at the next
interest coupon date, to prepay one or more of the bonds, then it is the
duty of such treasurer to call and pay such bond or bonds. The treasurer
shall cause notice of such call for prepayment to be published in some
newspaper of general circulation in the county of .... Illinois, not less
than 5 nor more than 30 days prior to the date fixed for prepayment. If no
newspaper is published in the county, such notice shall be published in a
newspaper with a general circulation in the county. This bond will cease to
bear interest on and after the date so fixed for prepayment. The
presentation of the bond will waive the necessity of giving notice of its
call for payment. Bonds shall be paid in numerical order beginning with the
lowest numbered outstanding bond.
IN TESTIMONY WHEREOF, the .... of .... has caused this bond to be signed
by the officers prescribed by ordinance, and the coupons hereto attached to
be signed by such officials by the original or facsimile signatures, which
officials, if facsimile signatures are used, do adopt by the execution
hereof as and for their proper signatures their respective facsimile
signatures appearing on the coupons, all as of the .... day of ....
.... ....
SEAL
Interest coupons which may be attached to bonds authorized in this
Section may be in the following form:
Coupon No. ....
$....
On the .... day of ...., unless the bond to which this coupon is
attached shall have theretofore been called for payment at an earlier date
and payment made or provided for, County of .... State of Illinois, will
pay to BEARER .... Dollars ($....), out of funds realized from the
collection of Special Assessment No. .... of the county, at the office of
the treasurer of the county, for interest due on that day on its
improvement bond dated as of the .... day of .... BOND NO. ...."
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32051) (from Ch. 34, par. 5-32051)
Sec. 5-32051.
Call and payment of bonds.
The county shall have the
right to call and pay the bonds authorized in Section 5-32049 or any number
thereof in the following manner. Whenever there are sufficient funds in the
hands of the treasurer to redeem one or more of the bonds, after the
payment of all interest due, and after the establishment of such reserve,
if any, as the treasurer, in his discretion, may deem advisable to pay
interest to become due at the next interest coupon date, the treasurer by
publication as provided in this Section, shall call and pay such bond or
bonds. The county treasurer shall cause notice of such call for payment to
be published in a newspaper published in the county, or if no newspaper is
published therein, then in a newspaper with a general circulation within
the county. The notice shall specify the number or numbers of the bonds
called, designating the assessment against which the bonds have been
issued, and directing presentation of such bonds for payment and
cancellation, and indicating that interest will cease on the bonds not
less than 15 days nor more than 30 days from the date of the publication
of such notice, and thereafter the bonds shall cease to bear interest.
The presentation of any bond to the treasurer for payment shall waive
the necessity of giving notice of its call for payment.
The treasurer upon accumulation of sufficient funds shall pay one or
more bonds and shall call and pay such bonds. Any bondholder or holder
of any interest coupon appertaining to any bond, after giving reasonable
notice, shall be entitled to summary relief by mandamus or injunction to
enforce these provisions.
When bonds are issued under Section 5-32049 all collections of the
special assessment installments and all interests collected shall
constitute a single fund which shall be applied first to the payment of
interest due and to the establishment of such reserve, if any, as the
treasurer in his discretion may deem advisable to pay interest to become
due at the next interest coupon date, and then to the redemption and
payment of bonds as provided herein. Where the ordinance for the
improvement provides for the collection of all costs, collections made on
the first installment shall be used first to pay such costs and any surplus
shall be used to pay bonds and interest as provided herein. Provisions as
to redemption and call of the bonds shall be inserted in each of the bonds
issued in accordance with the provisions of this Section.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32052) (from Ch. 34, par. 5-32052)
Sec. 5-32052.
Sale of bonds.
The bonds may be sold, or paid to the
contractor having the contract for the improvement for which the assessment
was levied, at no less than their par value and interest accrued to time of
delivery, whether sold, or paid to the contractor.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32053) (from Ch. 34, par. 5-32053)
Sec. 5-32053.
Payment.
Payment for any improvement done or performed
under the provisions of this Division to be paid for out of any special
assessment levied in installments as provided in this Division may be made
in the bonds provided for.
The first installment of such special assessment and all other
installments thereon shall be held and used to pay the bonds and interest
thereon as provided in Section 5-32049.
Where the ordinance for the improvement provides for the collection of
the costs, such costs shall first be paid out of their first installment,
and may be included in and evidenced by vouchers issued as provided in this
Division.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32054) (from Ch. 34, par. 5-32054)
Sec. 5-32054.
Payment of assessment with vouchers or bonds.
Any property owner may pay the assessment wholly or in part, either before
or after it is due and whether or not the assessment has been withdrawn
from collection or the property assessed has been forfeited to the State
for non-payment of that assessment with the bonds or vouchers issued under
this Division on account of that assessment. Such bonds may be
applied to the payment of any and all installments, but only such of those
bonds may be used as are next in numerical order of redemption at the time
of making such payment. In making such payments the vouchers and bonds
shall be taken at their par value and interest accrued to the date of
making the payment. All vouchers and bonds received in payment of such an
assessment shall be cancelled by the officer receiving the vouchers or
bonds, as of the date of their receipt and then deposited with the
treasurer of the county issuing the vouchers or bonds.
However, when the amount of the assessment is less than that of a 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: P.A. 86-962.)
|
(55 ILCS 5/5-32055) (from Ch. 34, par. 5-32055)
Sec. 5-32055.
Claim or lien of persons accepting vouchers or bonds.
No person accepting the vouchers or bonds as provided in this Division shall
have any claim or lien upon the county in any event for the payment of his
vouchers or bonds or the interest thereon, except from the collection of
the assessment against which the vouchers or bonds are issued. The county,
nevertheless, shall not be in any way liable to the holders of these
vouchers or bonds in case of a failure to collect the assessment, but with
all reasonable diligence, so far as it can legally do so, it shall cause a
valid special assessment to be levied and collected to pay these bonds and
vouchers, until all bonds and vouchers are fully paid. Any holder of
vouchers or bonds or his assigns, shall be entitled to summary relief by
way of mandamus or injunction to enforce the provisions of this Section.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32056) (from Ch. 34, par. 5-32056)
Sec. 5-32056.
Work progress payments; reserve.
From time to time, as
the work under any contract for such an improvement progresses, upon
certificates by the Committee or by some officer designated by the
Committee for that purpose, payment may be made either in money, vouchers
or bonds as provided for in this Division, to apply upon the contract
price, reserving, however, a sufficient amount upon each of the payments to
properly secure, in the judgment of the Committee, the faithful performance
of the contract. This reserve shall be paid over at such time and on such
conditions as the Committee shall fix, after the specified work has been
completed or accepted.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32057) (from Ch. 34, par. 5-32057)
Sec. 5-32057.
Estimate of interest deficiency.
The Committee before
crediting of the excess as provided for in Section 5-32043, shall estimate
an amount as authorized in this Division sufficient to make up any probable
deficiency of interest, in the event that from any cause, collections of
interest may provide insufficient to meet the interest to be paid on the
bonds until they mature as provided in this Division. This estimated amount
shall be deducted out of the installments as an item of expense before
crediting rebates of excess as directed in this Division, and shall be used
for no other purpose than to make up such a deficiency until the bonds are
fully paid, both principal and interest. Any balance remaining of this
estimated amount after the principal and interest of the bonds are fully
paid may be used to reimburse the county fund for any advance made from
this fund on account of costs of the special assessment or other expenses
of the improvement for which the special assessment is levied.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32058) (from Ch. 34, par. 5-32058)
Sec. 5-32058.
Surplus after final settlement; rebate.
If, after the final settlement with the contractor for any improvement
and after full payment of all vouchers or bonds issued on account of that
improvement, there is any surplus remaining in the special assessment above
the specified payments and above the amount necessary for the payment of
interest on these vouchers or bonds, the proper authorities of the county
shall declare at once a rebate upon each lot, block, tract or parcel of
land assessed, of its pro rata proportion of that surplus. Such rebate
shall be paid to the owner of record of each such lot, block, tract or
parcel at the time of the declaration of such rebate. The Committee shall
keep and exhibit publicly in its office, an index of all warrants upon
which rebates are due and payable and upon proper proof, the warrants shall
be repaid to the persons entitled thereto.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32059) (from Ch. 34, par. 5-32059)
Sec. 5-32059.
Costs and expenses.
The costs and expenses of
maintaining the Committee for paying salaries of the members of the
Committee and the expense of making, levying and collecting the special
assessment, and also the entire cost and expense attending the making and
return of the assessment roll, the legal notices and court costs and the
costs of printing of the bonds shall be provided for in the ordinance for
the prescribed assessment by adding to the total assessment a certain sum
not to exceed 6% of the amount of this assessment, which shall be applied
by the Committee toward the payment of the specified and other costs of
making, levying and collecting this assessment. In addition the ordinance
may provide as an additional cost to be included into the total assessment
a sum not to exceed 10% of the estimated cost of the work, which shall be
applied to making up any probable deficiency of interest in bonds or
vouchers to be issued.
The limitation in the preceding paragraph shall not be applied to the
costs of the engineering and inspection connected with any local
improvement, but these costs may be included in the cost of the improvement
to be defrayed by special assessment. Payment of the costs of engineering
and inspection and the cost of making, levying and collecting the special
assessment shall be made by the issuance of vouchers collectible against
the first installment of the special assessment.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32060) (from Ch. 34, par. 5-32060)
Sec. 5-32060.
Appeals.
Appeals from final judgments or orders
of any court made in the proceedings provided for by this Division,
may be taken to the Supreme Court of this State in the manner provided in
other civil cases, by any of the owners or parties assessed therein.
However, no appeal may be taken after 30 days from the entry of the final
judgment or order. Such appeal may be prosecuted jointly and upon a joint
bond or severally and upon several bonds as may be specified in the order
fixing the amount and terms of such bonds.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32061) (from Ch. 34, par. 5-32061)
Sec. 5-32061.
Leave for appeal after expiration of 30 day period.
After the expiration of the 30 day period allowed for filing a notice of
appeal under this Division, an appeal from any such judgment may be filed
in the manner provided in other civil cases upon leave granted by the
Supreme Court on petition or application of owners or parties interested
in the property affected thereby, as shown by the record, at any time after
the disposition of the last remaining objections to the confirmation, if
any, prior to the first day of June, following the entry of the judgment.
However, if the warrant for collection as to any parcel is not certified
for collection so that an application for judgment of sale may be made in
the year following the entry of the judgment, leave to appeal as to that
parcel, on application may be granted by the Supreme Court within the
period of one year after the entry of the judgment.
In every case there shall be filed with the Clerk of the Supreme Court,
with the application for leave to appeal, an affidavit by the appellant or
his agent setting forth the time when the warrant for collection as to the
property, was so certified, and further setting forth that the person to
whom the notice of the filing of the assessment roll as to the property, as
shown by the record, did not receive the notice or otherwise learn of the
pendency of the proceedings for the confirmation of the assessment until
less than 10 days before the entry of default against his property in the
court below. In all such cases the notice of appeal shall contain a
statement that it is filed pursuant to leave granted by the Supreme Court
under authority of this Division and the notice of appeal shall
be filed and served on or before the dates hereinabove fixed.
(Source: P.A. 86-962.)
|
(55 ILCS 5/5-32062)
Sec. 5-32062.
In addition to any power to convey real or personal property
granted under this Division or any other existing statutory authority, a county
may lease, sell, or otherwise dispose of any local improvement made under this
Division to any public utility whose rates are subject to regulation under the
Public Utilities Act and that will incorporate the local improvement into its
existing plant and operations. The lease, sale, or other disposition shall be
in accordance with a resolution adopted by the Committee setting forth the
terms thereof including the consideration to be received by the county. The
consideration may be the public utility's actual costs and expenses (including,
but not limited to, engineering and inspection costs) incurred in incorporating
the local improvement into the public utility's existing plant and operations
provided that the lease, sale, or other disposition is made without fraud or
collusion. The lease, sale, or other disposition shall not affect the levy of
any special assessment, contract for work or public improvements, vouchers, or
bonds undertaken or issued under this Division.
(Source: P.A. 88-562, eff. 8-5-94.)
|