Public Act 90-0194 of the 90th General Assembly

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Public Act 90-0194

SB159 Enrolled                                 LRB9000048MWmb

    AN ACT to amend the Sanitary District Act of 1917.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Sanitary District Act of 1917 is amended
by changing Sections 19 and 22a.19 as follows:

    (70 ILCS 2405/19) (from Ch. 42, par. 317a)
    Sec. 19. Construction of drains,  sewers,  and  laterals;
    The  Board  of Trustees shall have the power to build and
construct  and  to  defray  the  cost  and  expenses  of  the
construction of drains, sewers, or laterals,  or  drains  and
sewers  and  laterals  and  other necessary adjuncts thereto,
including pumps and pumping  stations,  made  by  it  in  the
execution  or in furtherance of the powers heretofore granted
to such sanitary district by special assessment or by general
taxation or  partly  by  special  assessment  and  partly  by
general  taxation,  as  they shall by ordinance prescribe. It
shall constitute no objection to any special assessment  that
the  improvement  for  which  the  same  is  levied is partly
outside the limits of such sanitary district,  nor  shall  it
constitute   an   objection  to  confirmation  of  a  special
assessment as to any property outside  the  district  at  the
time  of confirmation of the assessment roll if that property
will be contiguous  to  the  district  and  served  upon  the
completion of the project, but no special assessment shall be
made   upon   property  situated  outside  of  such  sanitary
district, and in no case shall any property be assessed  more
than  it  will  be benefited by the improvement for which the
assessment is levied. The procedure in making improvements by
special assessment shall be the same as nearly as may  be  as
is  prescribed  in Article 9 and Division 87 of Article 11 of
the "Illinois Municipal Code," as  heretofore  and  hereafter
amended.  The functions and duties of the "City Council", the
"Council", the "Board of Trustees" and the  "Board  of  Local
Improvements" under said Code shall be assumed and discharged
by  the  Board  of Trustees of the Sanitary district; and the
duties of the officers  designated  in  said  places  in  the
Illinois  Municipal Code as mayor of the city or president of
the village or incorporated town or president of the Board of
Local Improvements, shall be assumed and  discharged  by  the
President  of the Board of Trustees of the Sanitary district.
Likewise, the duties of other municipal  officers  designated
in  said  Code  shall be performed by similar officers of the
sanitary district.
(Source: Laws 1963, p. 872.)

    (70 ILCS 2405/22a.19) (from Ch. 42, par. 317d.20)
    Sec. 22a.19.  Objections.  Any person interested  in  any
real  estate  to  be affected by an assessment may appear and
file objections to the report by the time  mentioned  in  the
notice or within such further time as the court may allow.
    As to all lots, blocks, tracts and parcels of land to the
assessment  of  which  objections  are  not  filed within the
specified time or such other time as may be  ordered  by  the
court,  default  may  be  entered,  and the assessment may be
confirmed  by  the  court  notwithstanding  the   fact   that
objections  may  be  pending  and  undisposed  of as to other
property.  Such order of partial confirmation shall be  final
and  appealable  with respect to the property as to which the
assessment is confirmed.
    It  shall  be  no  objection  to  confirmation   of   the
assessment roll that some or all of the lots, blocks, tracts,
and  parcels  of  land of the assessment lie outside the then
existing corporate boundaries of the  district  at  the  time
confirmation  is sought, provided that at the commencement of
the project a portion of the project area is included  in  or
contiguous  to  existing  district  boundaries,  and  at  the
completion  of  the project, all of the lots, blocks, tracts,
and parcels of land not within the  corporate  boundaries  of
the  district  at  the commencement of the project are served
within the meaning of Section 23.5 of this Act, and  provided
further  that  persons  interested  in  such  real estate may
assert any other objection they may have in  connection  with
the  special assessment project, including without limitation
that the property is assessed more than it is  benefitted  by
the  improvement  or that there is no benefit at all to their
property.  Where any of the properties contained in a special
assessment project lie outside of,  but  contiguous  to,  the
corporate  boundaries of the sanitary district, the Committee
of Local Improvements may not commence  the  project  without
receiving   a  written petition requesting the project signed
by at least a majority  of  the  affected  landowners,  their
agents, or assigns.
(Source: P.A. 85-1137.)

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