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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 5/5-32052
(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.)
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55 ILCS 5/5-32053
(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.)
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55 ILCS 5/5-32054
(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or after it is due and whether or not the assessment has been withdrawn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.)
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55 ILCS 5/5-32055
(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.)
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55 ILCS 5/5-32056
(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.)
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55 ILCS 5/5-32057
(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.)
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55 ILCS 5/5-32058
(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.)
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55 ILCS 5/5-32059
(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.)
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55 ILCS 5/5-32060
(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.)
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55 ILCS 5/5-32061
(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.)
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55 ILCS 5/5-32062
(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.)
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55 ILCS 5/Div. 5-33
(55 ILCS 5/Div. 5-33 heading)
Division 5-33.
Super Highways -
Counties over 500,000 Population
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