(55 ILCS 5/5-32026) (from Ch. 34, par. 5-32026)
Sec. 5-32026.
Supplemental assessment.
At any
time after the bids have been received pursuant to the provisions of this
Division, if it appears to the satisfaction of the Committee 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. It
shall be no objection to the supplemental assessment that the prior
assessment has been levied, adjudicated and collected unless it appears
that in that prior cause upon proper issue made, it was specially found in
terms, that the property objected for would be benefited by the improvement
no more than the amount assessed against it in that prior proceeding. If
too large a sum is raised at any time, the excess shall be refunded ratably
to those against whom the assessment was made.
But if the estimated deficiency exceeds 10% 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. No
more than one supplemental assessment shall be levied to meet any
deficiency where the deficiency is caused by the original estimate being
insufficient.
However, 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.
(Source: P.A. 86-962.)
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