(70 ILCS 2405/22a.38) (from Ch. 42, par. 317d.39)
Sec. 22a.38.
Contracts payable from assessments and
claims limited to funds collected. Except as otherwise
provided in Section 9-2-113 of the Illinois Municipal Code, as now or
hereafter amended, no person obtaining contracts from the district and
agreeing to be paid out of special assessments or special
taxes has any claim or lien upon the district in any event
except from the collection of special assessments or
special taxes made or to be made for the work contracted
for. However, the district shall cause collections and
payments to be made with all reasonable diligence. If it
appears that such an assessment or tax cannot be levied or
collected, the district nevertheless is not in any way
liable to a contractor in case of failure to collect the
assessment or tax, but, so far as it can legally do so, with
all reasonable diligence, it shall cause a valid assessment
or assessments, or special taxes, to be levied and collected
to defray the cost of the work until all contractors or bond
holders are fully paid. Any contractor is entitled to the
summary relief of mandamus or injunction to enforce the
provisions of this Section.
The district treasurer shall keep a separate account of
each special assessment and of the money received
thereunder.
(Source: P.A. 85-1137.)
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