(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.)
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(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.)
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