State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

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.)

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