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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 5/5-32040
(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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55 ILCS 5/5-32042
(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.)
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55 ILCS 5/5-32043
(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.)
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55 ILCS 5/5-32044
(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
(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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55 ILCS 5/5-32046
(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.)
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55 ILCS 5/5-32047
(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.)
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55 ILCS 5/5-32048
(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.)
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55 ILCS 5/5-32049
(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.)
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55 ILCS 5/5-32050
(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.)
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55 ILCS 5/5-32051
(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.)
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