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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-32032
(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.)
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55 ILCS 5/5-32033
(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.)
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55 ILCS 5/5-32034
(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.)
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55 ILCS 5/5-32035
(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.)
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55 ILCS 5/5-32036
(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.)
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55 ILCS 5/5-32037
(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.)
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55 ILCS 5/5-32038
(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.)
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55 ILCS 5/5-32039
(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.)
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55 ILCS 5/5-32040
(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.)
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55 ILCS 5/5-32041
(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.)
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