(70 ILCS 605/5-18) (from Ch. 42, par. 5-18)
Sec. 5-18.
Alternate method of levying additional assessments for repair
work in districts organized under the Farm Drainage Act.
Whenever the commissioners of any district which, at the time this Act
becomes effective, are operating and existing under the Farm Drainage
Act, determine (a) that it is necessary to repair the drains, levees or
other works of the district, (b) that the proposed work will not involve
the taking or damaging of land or other property in the district, (c) that
sufficient funds are not on hand or otherwise available to perform such
work and that it is necessary to levy an assessment to pay the cost
thereof, (d) that the assessment to be levied against the lands and other
property in the district to pay the cost of such work will not exceed the
amount which would be produced by an assessment of $3.00 an acre upon the
lands and other property in the district subject to assessment, and (e)
that the benefits to be received by the lands and other property in the
district from the proposed work will exceed the amount of the assessment to
be levied against such lands and other property, then the commissioners
may, as an alternate to the method of levying additional assessments
hereinbefore provided, levy such an assessment in the following manner.
The commissioners shall file their certificate of levy and their
additional assessment roll with the clerk of the district, together with a
report on the condition of the drainage system of the district and a
current financial report. The assessment roll shall be prepared in the
manner and form prescribed by Section 5-3 insofar as the same may be
applicable and when filed shall be recorded in the drainage record. The
report on the condition of the drainage system shall include (a) a
description of the drainage system of the district and of the condition
thereof, (b) a description of the repair work on the system proposed to be
performed, (c) such engineer's reports, plans profiles or specifications as
may be necessary or appropriate, (d) an itemized estimate of the cost of
such work, including all incidental expenses, and (e) the number of acres
of land and other property in the district subject to assessment. The
current financial report shall be prepared in the manner and form
prescribed by Section 4-32 and shall cover the period elapsed since the
closing date of the last preceding financial report.
Upon the filing of the certificate, the assessment roll and the reports,
the assessments shall be a lien upon the lands and other property in the
district until paid. The assessments shall be payable 30 days after the
filing of the roll and shall draw interest at a rate which shall not
exceed that permitted in "An Act to authorize public corporations to issue
bonds, other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein", approved May 26,
1970, as amended. Certified copies of the
assessment roll, or portions thereof, shall be prepared, delivered and
recorded in the manner prescribed by Section 5-14. The assessments so
levied shall be collected as hereinafter provided in Section 5-23.
Assessments levied under this section against lands, lots, railroad
rights-of-way and other privately owned property may, if they become
delinquent, be enforced in the manner provided by Sections 5-24, 5-25 and
5-26. On a collector's application for judgment for assessments levied
under this section which have become delinquent a landowner shall have the
right to interpose any defenses affecting the validity of the assessment,
including the defense that the assessment against his lands exceeds the
benefits or exceeds the just proportion of the benefits. Assessments so
levied against highway authorities for benefits to public highways, against
cities and villages for benefits to streets and alleys or other municipally
owned property, and against other municipal corporations or quasi municipal
corporations for benefits to property belonging to or under the control of
such corporations, may, if they become delinquent, be enforced by an
appropriate action at law.
The commissioners shall not anticipate or borrow against any assessment
levied in the manner provided in this section.
(Source: P.A. 84-886.)
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