Public Act 90-0194 of the 90th General Assembly
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;
assessments.
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.)