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90_SB0159eng
70 ILCS 2405/19 from Ch. 42, par. 317a
70 ILCS 2405/22a.19 from Ch. 42, par. 317d.20
Amends the Sanitary District Act of 1917. Provides that
it is not an objection to confirmation of a special
assessment as to any property outside the sanitary district
at the time of confirmation of the assessment roll if that
property will be contiguous to the district and will be
served by the completed project. Deletes a provision stating
that no special assessment shall be made upon property
situated outside the district. Provides that there is no
objection to confirmation of the assessment roll if some or
all of the lots, blocks, tracts, and parcels of land of the
assessment lie outside the corporate boundaries of the
sanitary district if a portion of the area is included in or
contiguous to the district and all those lots, blocks,
tracts, and parcels will be served by the district when the
project is completed.
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1 AN ACT to amend the Sanitary District Act of 1917.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sanitary District Act of 1917 is amended
5 by changing Sections 19 and 22a.19 as follows:
6 (70 ILCS 2405/19) (from Ch. 42, par. 317a)
7 Sec. 19. Construction of drains, sewers, and laterals;
8 assessments.
9 The Board of Trustees shall have the power to build and
10 construct and to defray the cost and expenses of the
11 construction of drains, sewers, or laterals, or drains and
12 sewers and laterals and other necessary adjuncts thereto,
13 including pumps and pumping stations, made by it in the
14 execution or in furtherance of the powers heretofore granted
15 to such sanitary district by special assessment or by general
16 taxation or partly by special assessment and partly by
17 general taxation, as they shall by ordinance prescribe. It
18 shall constitute no objection to any special assessment that
19 the improvement for which the same is levied is partly
20 outside the limits of such sanitary district, nor shall it
21 constitute an objection to confirmation of a special
22 assessment as to any property outside the district at the
23 time of confirmation of the assessment roll if that property
24 will be contiguous to the district and served upon the
25 completion of the project, but no special assessment shall be
26 made upon property situated outside of such sanitary
27 district, and in no case shall any property be assessed more
28 than it will be benefited by the improvement for which the
29 assessment is levied. The procedure in making improvements by
30 special assessment shall be the same as nearly as may be as
31 is prescribed in Article 9 and Division 87 of Article 11 of
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1 the "Illinois Municipal Code," as heretofore and hereafter
2 amended. The functions and duties of the "City Council", the
3 "Council", the "Board of Trustees" and the "Board of Local
4 Improvements" under said Code shall be assumed and discharged
5 by the Board of Trustees of the Sanitary district; and the
6 duties of the officers designated in said places in the
7 Illinois Municipal Code as mayor of the city or president of
8 the village or incorporated town or president of the Board of
9 Local Improvements, shall be assumed and discharged by the
10 President of the Board of Trustees of the Sanitary district.
11 Likewise, the duties of other municipal officers designated
12 in said Code shall be performed by similar officers of the
13 sanitary district.
14 (Source: Laws 1963, p. 872.)
15 (70 ILCS 2405/22a.19) (from Ch. 42, par. 317d.20)
16 Sec. 22a.19. Objections. Any person interested in any
17 real estate to be affected by an assessment may appear and
18 file objections to the report by the time mentioned in the
19 notice or within such further time as the court may allow.
20 As to all lots, blocks, tracts and parcels of land to the
21 assessment of which objections are not filed within the
22 specified time or such other time as may be ordered by the
23 court, default may be entered, and the assessment may be
24 confirmed by the court notwithstanding the fact that
25 objections may be pending and undisposed of as to other
26 property. Such order of partial confirmation shall be final
27 and appealable with respect to the property as to which the
28 assessment is confirmed.
29 It shall be no objection to confirmation of the
30 assessment roll that some or all of the lots, blocks, tracts,
31 and parcels of land of the assessment lie outside the then
32 existing corporate boundaries of the district at the time
33 confirmation is sought, provided that at the commencement of
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1 the project a portion of the project area is included in or
2 contiguous to existing district boundaries, and at the
3 completion of the project, all of the lots, blocks, tracts,
4 and parcels of land not within the corporate boundaries of
5 the district at the commencement of the project are served
6 within the meaning of Section 23.5 of this Act, and provided
7 further that persons interested in such real estate may
8 assert any other objection they may have in connection with
9 the special assessment project, including without limitation
10 that the property is assessed more than it is benefitted by
11 the improvement or that there is no benefit at all to their
12 property. Where any of the properties contained in a special
13 assessment project lie outside of, but contiguous to, the
14 corporate boundaries of the sanitary district, the Committee
15 of Local Improvements may not commence the project without
16 receiving a written petition requesting the project signed
17 by at least a majority of the affected landowners, their
18 agents, or assigns.
19 (Source: P.A. 85-1137.)