(70 ILCS 605/5-28) (from Ch. 42, par. 5-28)
Sec. 5-28.
Rebate
and abatement of excess assessments-Commissioners' petition.
When the individual assessments have been completely paid and the
purposes for which the assessment was levied have been accomplished and the
funds remaining on hand from the assessment exceed the amount necessary to
accomplish those purposes, then the commissioners may either retain such
excess and use it for the general purposes of the district or they may
petition the court for authority to rebate such excess or a portion
thereof. When some of the individual assessments have been completely paid
and others are unpaid or only partially paid, but the purposes for which
the assessment was levied have been accomplished and the assessment exceeds
the amount necessary to accomplish those purposes, then the commissioners
may either retain such excess and use it for the general purposes of the
district or they may petition the court for authority to rebate and abate
such excess, or a portion thereof. Any such petition to rebate, or to
rebate and abate, such excess, or a portion thereof, under this Section
shall be verified by the commissioners and shall set forth (a) the amount
of the assessment levied, (b) the amount collected, (c) the amount
delinquent, if any, (d) the amount of the assessment which is not yet due
and remains unpaid, if any, (e) the amount expended, (f) the amount of any
indebtedness of the district which arose out of such assessment, (g) the
amount of any other indebtedness of the district, (h) whether any funds are
otherwise available for the payment of such indebtedness, (i) the amount
which, in the opinion of the commissioners, should be rebated, or rebated
and abated, and (j) the amount which should be retained for the general
purposes of the district. Upon the petition being filed, it shall be
presented to the court and the court shall set a time and place for
hearing. The clerk of the court shall give notice of the hearing in
substantially the form provided in Section 4-21, and in the manner and for
the length of time provided in Section 4-22. Any person interested may
appear at the hearing and show cause why the prayer of the petition should
or should not be granted. If the court finds from the evidence that the
remaining uncollected balance of the assessment, if any, and the funds on
hand or otherwise available are in excess of the outstanding indebtedness,
of the district and that no obligation of any contract will be impaired,
the court may order the rebate, or the rebate and abatement, of that
portion of the assessment not required for the general purposes of the
district, provided that no assessment or installment against which there is
a valid lien shall be abated without the consent of the holder or holders
of such lien.
(Source: Laws 1955, p. 512 .)
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