(70 ILCS 2405/22a.31) (from Ch. 42, par. 317d.32)
Sec. 22a.31.
Supplemental assessments, rebates and
new hearing in case of deficiency. At any time after the
bids have been received pursuant to the provisions of this
Act, if it appears to the satisfaction of the committee of local
improvements 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. Alternatively, the district's
board may, pursuant to a new ordinance which need not be
initiated by the committee, file a petition with the court
to assess all or any part of the deficiency against the
district on account of public benefit whereupon the court
shall enter judgment in accordance with the petition. It
shall be no objection to the supplemental assessment that
the prior assessment has been levied, adjudicated and
collected.
If too large a sum is raised at any time, the excess
shall be abated in accordance with Section 22a.48 of this
Act. If the estimated deficiency exceeds 20% 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 unless the
board files a petition to assess the entire deficiency
against the district on account of the public benefit as
above provided. More than one supplemental assessment may
be levied to meet a deficiency.
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 as
provided in Section 22a.29.
(Source: P.A. 85-1137.)
|