(70 ILCS 605/Art. I heading) ARTICLE I.
GENERAL PROVISIONS
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(70 ILCS 605/1-1) (from Ch. 42, par. 1-1)
Sec. 1-1.
Short
title.
This Act may be known and cited as the Illinois Drainage Code.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/1-2) (from Ch. 42, par. 1-2)
Sec. 1-2.
Definitions.
When used in this Act unless the context requires
otherwise:
(a) "Clerk", when used without qualifying words, means the clerk of the
circuit court acting, ex officio, as clerk of a district.
(b) "Court" means the circuit court of the county in which a district
was organized.
(c) "Ditch" means an artificially constructed open drain or a natural
drain which has been artificially improved.
(d) "Drain" includes ditch and means any water course or conduit,
whether open, covered or enclosed, natural or artificial, or partly natural
and partly artificial, by which waters coming or falling upon lands are
carried away.
(e) "Drainage district" is synonymous with "district" and includes all
types of drainage districts organized under this or any prior Act.
(f) "Drainage structures" means those structures other than drains,
levees and pumping plants which are intended to promote or aid drainage.
Such structures may be independent from other drainage work or may be a
part of or incidental to such work. The term includes, but is not
restricted to, catchbasins, bulkheads, spillways, flumes, drop-boxes, pipe
outlets, junction boxes and structures the primary purpose of which is to
prevent the erosion of soil into a district drain.
(g) "Drainage system" means the system by which lands are drained or
protected from overflow or both and includes drains, drainage structures,
levees and pumping plants.
(h) "Land" means real property and includes, but is not restricted to,
lots, railroad rights-of-way and easements.
(i) "Landowner" or "owner" means the owner of real property and includes
an owner of an undivided interest, a life tenant, a remainderman, a
public or private corporation, a trustee under an active trust and the
holder of the beneficial interest under a land trust, but does not include
a mortgagee, a trustee under a trust deed in the nature of a mortgage, a
lien holder or a lessee.
(j) "Adult landowner" or "adult owner" includes public and private
corporations.
(k) "Municipal corporation exercising drainage powers" means a sanitary
district, city, village or other public body empowered by law to exercise
and which is exercising drainage functions.
(l) (Blank).
(m) "Non-resident" means a person residing outside the county or
counties in which the district or any portion thereof is situated.
(n) "Registered Professional Engineer" means a professional engineer
registered under the provisions of the Professional Engineering Practice
Act of 1989.
(o) "Sanitary purposes" includes, but is not restricted to, the
protection of residential, commercial and industrial property from
inundation and overflow.
(p) Words importing the masculine gender include the feminine.
(q) Words importing the singular number include the plural and words
importing the plural include the singular.
(r) "Farm Drainage Act" means and refers to "An Act to provide for
drainage for agricultural and sanitary purposes, and to repeal certain acts
therein named", approved June 27, 1885, as amended, which Act is
repealed by this Act.
(s) "Levee Act" means and refers to "An Act to provide for the
construction, reparation and protection of drains, ditches and levees
across the lands of others, for agricultural, sanitary and mining purposes,
and to provide for the organization of drainage districts", approved May
29, 1879, as amended, which Act is repealed by this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 605/1-3) (from Ch. 42, par. 1-3)
Sec. 1-3.
Cross
references.
Where, in this Act, reference is made to a section by its number and no
act is specified, the reference is to the correspondingly numbered section
of this Act. Where reference is made to an article by its number and no act
is specified, the reference is to the correspondingly numbered article of
this Act. Where reference is made to "this Article" and no act is
specified, the reference is to the article of this Act in which the
reference appears. If any section or article of this Act to which reference
is so made is hereafter amended, the reference shall thereafter be treated
and considered as a reference to the section or article as so amended.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/1-4) (from Ch. 42, par. 1-4)
Sec. 1-4.
Jurisdiction of circuit courts over drainage districts-Venue.
The circuit courts of the several counties have jurisdiction over all
matters and proceedings pertaining to the organization and operation of
drainage districts. In those instances in which all the land in a proposed
district is situated in a single county, the petition for the organization
of that district shall be filed with, and all subsequent proceedings shall
be had in, the circuit court of that county. In those instances in which
the land in a proposed district is situated in 2 or more counties, the
proceedings for the organization and operation of the district shall be had
in the circuit court of the county in which the greater portion of the land
in the proposed district is situated. After a district has been organized
under this Act all proceedings pertaining to the operation of that district
shall be had in the court which organized the district without regard to
changes in boundaries or area by annexation, detachment or otherwise.
A district heretofore organized by a circuit court shall be deemed to
have been organized in the county in which the court so organizing the
district was located. A district heretofore organized by any method other
than by order of any court of record shall be deemed to have been organized
in the county in which the greater portion of its land is situated at the
time when this Act goes into effect, unless it is impossible to determine,
without a survey, the county in which the greater portion of its land is
situated and in that event the commissioners of the district shall have the
power to determine the county in which the district shall be deemed to have
been organized.
(Source: Laws 1965, p. 678.)
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(70 ILCS 605/1-5) (from Ch. 42, par. 1-5)
Sec. 1-5.
Districts
organized under prior acts.
All districts heretofore organized or existing under any act repealed by
this Act are declared to be legally organized and shall continue in
existence and henceforth operate under this Act. All assessments therein
made and all other proceedings therein taken, if in substantial conformity
to law, are declared to be valid and legally made or taken. The officers of
any such district and the districts themselves shall have and possess all
the rights, powers, privileges, duties and obligations of the officers and
districts under this Act. Any proceedings begun under a prior act repealed
by this Act shall be continued and carried on under this Act to the same
extent and with the same effect as though they had been commenced under
this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/1-6) (from Ch. 42, par. 1-6)
Sec. 1-6.
Transfer
of jurisdiction over and records of existing districts.
Within one year after the effective date of this Act the commissioners
of each district organized under any prior law by any method other than by
an order of the circuit court shall file a report with the circuit court of
the county in which the district is deemed organized. The report shall set
forth in so far as possible (a) the name of the district, (b) the date and
manner in which the district was organized, (c) the act under which the
district was organized, (d) the boundaries of the district or a description
of the lands and other property included in the district and (e) the
drains, levees and other works constituting the drainage system of the
district. If any such district was organized in the circuit court of any
county then any of the matters required to be set forth in such report by
items (c) and (d) above may be shown in such report by proper reference to
the book and page of the records of the circuit court by which the district
was organized. The report may be combined with a petition for authority to
do or perform any of the acts authorized by this Act and shall be
accompanied by a current financial report. Upon being filed with the court
the report shall be presented to the court, which shall fix the day and
hour that the report shall be heard. The clerk shall give notice of the
hearing substantially in the form hereinafter provided in Section 4-21 and
in the manner and for the length of time provided in Section 4-22. At the
hearing any person interested may appear and be heard. Upon the conclusion
of the hearing the court may approve, modify, or disapprove the report
either in its original form or as modified and thereafter all proceedings
in such district shall be had in such court in the same manner as though
the district had been organized under this Act. If the commissioners of
such a district fail to so report to the court within one year after the
effective date of this Act, then any owner of land within the district or
other person interested therein may file such a report or petition the
court for an order directing the commissioners to file such a report, which
petition may be heard on such notice as the court may direct. If any
commissioners fail to file such a report after being ordered to do so by
the court, then the court may remove them or proceed against them as being
in contempt of court.
(Source: Laws 1965, p. 678.)
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(70 ILCS 605/1-7) (from Ch. 42, par. 1-7)
Sec. 1-7.
Civil Practice Law to Apply - Time for Hearings.)
The provisions of the Civil Practice Law and all existing and future
amendments and modifications thereof and the Supreme Court Rules
now or hereafter
adopted in relation to that Law shall apply to all proceedings
hereunder except
as otherwise provided in this Act. Whenever, by this Act, the court is
required to fix the time for hearing any petition or other matter the
court may set the same down for hearing on any day of court.
(Source: P.A. 82-783.)
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(70 ILCS 605/Art. II heading) ARTICLE II.
RIGHTS OF DRAINAGE--PRIVATE AND MUTUAL DRAINS
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(70 ILCS 605/2-1) (from Ch. 42, par. 2-1)
Sec. 2-1.
Land may
be drained in course of natural drainage.
Land may be drained in the general course of natural drainage by either
open or covered drains. When such a drain is entirely upon the land of the
owner constructing the drain, he shall not be liable in damages therefor.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-2) (from Ch. 42, par. 2-2)
Sec. 2-2.
Extension
of covered drain through land of others.
When it is necessary for the owner of land which may be drained by a
covered drain to extend such drain through the land of others in the
general course of natural drainage in order to obtain a proper outlet and
the owner of, or other party interested in, the land through which such
extension is necessary refuses to consent to the extension of the drain
through his land, the person desiring to construct the drain may file suit
in the circuit court in the county in which such land lies against the
owner or other party so refusing, and summons shall issue in the same form
and shall be returnable in the same manner as other summons in civil
actions, and proceedings shall be had thereon as in other civil actions in
circuit courts.
(Source: Laws 1965, p. 678.)
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(70 ILCS 605/2-3) (from Ch. 42, par. 2-3)
Sec. 2-3.
Extension
of covered drain through land of others-Bond-Costs.
At the time of commencing the action, the plaintiff shall file a bond in
the penal sum of not less than $100 with surety to be approved by the clerk
of the circuit court, conditioned upon the payment of all costs accruing in
the action and, if the proceedings are not abandoned as hereinafter
provided, upon the payment of all damages which may be awarded to the
defendant. If the defendant procures the attendance of any witness not
reasonably required to the proper defense of the action, then the fees of
such witness and the expense incident to subpoenaing him shall, upon motion
of the plaintiff, be taxed against the defendant.
(Source: Laws 1965, p. 678.)
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(70 ILCS 605/2-4) (from Ch. 42, par. 2-4)
Sec. 2-4.
Extension
of covered drain through land of others-Plat-Profile.
At the time of commencing the action, the plaintiff shall also file a
map or plat showing the land proposed to be drained, the land across which
the drain is proposed to be constructed and the starting point, route and
outlet of the proposed drain and a profile showing the elevation of the
flow line of the proposed drain and the elevation of the surface of the
ground through which the drain is proposed to be constructed.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-5) (from Ch. 42, par. 2-5)
Sec. 2-5.
Extension
of covered drain through land of others-Trial-Finding or verdict-
Judgment.
If, on the trial of the case, it is found that the proposed drain will
be of ample capacity, will not materially damage the land of the defendant
and will empty into (a) a natural watercourse, (b) an artificial drain
along a public highway, with the consent of the highway authorities, or (c)
any other outlet which the plaintiff has the right to use, then the finding
or verdict shall be for the plaintiff; and the defendants shall be allowed
such actual damages only as will be sustained by entering upon the land and
constructing the drain and thereafter keeping the same in repair. If it is
not so found, then the finding or verdict of the jury shall be for the
defendant. If the defendant refuses to accept, or is incapable of
accepting, payment of the damages awarded to him, or is unknown or his
whereabouts is unknown, then the plaintiff may, upon order of the court,
deposit the amount of such damages with the County Treasurer of the county
in which the defendant's land is situated, who shall, upon demand, pay the
same to the party entitled thereto and take a receipt therefor.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-6) (from Ch. 42, par. 2-6)
Sec. 2-6.
Extension
of covered drain through land of others-Construction and maintenance of
drain.
The plaintiff, after paying or depositing the damages awarded and paying
the costs taxed against him, may thereupon enter the premises of the
defendant and construct the drain, and he or his successors in title may
thereafter at all times enter upon such land for the purpose of repairing
and maintaining the drain, doing no more damage than the occasion may
require. The plaintiff and his successors in title, after constructing the
drain, shall keep it in good repair. If, in repairing the drain, the
plaintiff or his successors in title cause any damage to any crops growing
thereon or to other property of the owners thereof, he or they shall be
liable for the actual damage caused. If, in constructing or repairing the
drain, the plaintiff or his successors in title shall wilfully cause any
unnecessary damage to the land through which it is constructed, to any
crops growing thereon or to other property of the owners thereof, he or
they shall become liable for and pay to the owner of such land or property
3 times the amount of the unnecessary damage done, to be recovered by such
owner in a civil action.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-7) (from Ch. 42, par. 2-7)
Sec. 2-7.
Extension
of covered drain through land of others-Abandonment of proceedings.
If, after obtaining such a judgment, the plaintiff elects not to
construct the drain and to abandon the proceedings, the court shall note
such voluntary abandonment upon the docket. If the plaintiff fails to
construct the drain within 2 years after obtaining such a judgment, the
court, on motion of the defendant after notice and hearing, shall note the
failure to construct and resulting abandonment of the proceedings on the
docket. If the plaintiff abandons the proceedings, either voluntarily or by
failure to construct the drain as set forth above, he shall not be
permitted to commence another action against the defendant for the same
purpose until after the expiration of 5 years from the rendition of the
judgment. No such abandonment shall relieve the plaintiff of his obligation
to pay the costs accruing in the action as set forth in Section 2-3.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-8) (from Ch. 42, par. 2-8)
Sec. 2-8.
Drains
and levees for mutual benefit.
When a ditch, covered drain or levee is, or has been, constructed by
mutual license, consent or agreement, either separately or jointly, by the
owners of adjoining lands so as to make a continuous line across the lands
of such owners, or when the owner of adjoining land is permitted to connect
a ditch, covered drain or levee with another already so constructed, or
when the owner of lower land connects a ditch or covered drain to a ditch
or covered drain constructed by the owner or owners of upper lands, or when
the owner of land protected by a levee has contributed to the cost of the
construction, enlargement or reconstruction of a levee upon other land,
such ditch, covered drain or levee shall be deemed to be a drain or levee
for the mutual benefit of all lands connected to, or protected by, it. The
mutual license, consent or agreement required in this section need not be
in writing, but may be established by parole or inferred from the
acquiescence of the parties. When a ditch, covered drain or levee is
privately constructed through or on a tract of land and the ownership of
such tract is thereafter divided, such ditch, covered drain or levee shall
thereupon be deemed a drain or levee for the mutual benefit of all the
portions of the original tract connected to, or protected by, such ditch,
covered drain or levee.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-9) (from Ch. 42, par. 2-9)
Sec. 2-9.
Drains
and levees for mutual benefit-Permission to connect.
It is unlawful for any person to connect a ditch, covered drain or levee
with any drain or levee deemed to be for the mutual benefit of the lands
connected or protected without the consent of all parties interested in
such drain or levee. When an unlawful connection is made, any interested
person may recover damages and, if an unlawful connection is made to a
covered drain, may compel disconnection.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-10) (from Ch. 42, par. 2-10)
Sec. 2-10.
Drains
and levees for mutual benefit-Duration of easement.
Drains and levees deemed to be for the mutual benefit of the lands
connected or protected shall constitute a perpetual easement on such lands
and shall not be filled, obstructed, breached or impaired in any way
without the consent of the owners of all such lands.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-11) (from Ch. 42, par. 2-11)
Sec. 2-11.
Drains
and levees for mutual benefit-Right to repair.
The owner of any land connected to or protected by such a mutual drain
or levee may, at his own expense, go upon the lands upon which the drain or
levee is situated and repair the drain or levee, and he shall not be liable
for damage to lands or crops unless he is negligent in performing the work.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/2-12) (from Ch. 42, par. 2-12)
Sec. 2-12.
Interference by Landowner-Penalty-Exceptions.
The landowner shall not wilfully and intentionally interfere with any
ditches or natural drains which cross his land in such manner that such
ditches or natural drains shall fill or become obstructed with any matter
which shall materially impede or interfere with the flow of water. If the
landowner violates the provisions of this section he commits a petty
offense. Each day's violation shall be a separate offense. Provided, this
Section does not apply to any ditches or drains which are entirely on the
land of the landowner, nor does this Section prohibit the construction of
artificial impoundments or the temporary interruption of the flow of water
by such impoundments.
(Source: P.A. 77-2405.)
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(70 ILCS 605/2-13) (from Ch. 42, par. 2-13)
Sec. 2-13.
The county board in any county having a population
of 250,000 or more may by ordinance require the person for whose
benefit any drain tile is installed or constructed after the
effective date of this Amendatory Act to, within 30 days after
the completion of such installation or construction, record with
the recorder of the county in which the land is located
a diagram or sketch indicating the location, size and approximate
depth of the tile so installed or constructed. Violation of the
provisions of this Section is a petty offense.
(Source: P.A. 83-358.)
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(70 ILCS 605/Art. III heading) ARTICLE III.
ORGANIZATION OF DRAINAGE DISTRICTS
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(70 ILCS 605/3-1) (from Ch. 42, par. 3-1)
Sec. 3-1.
Drainage
districts.
Drainage districts may be formed to construct, maintain or repair drains
or levees or to engage in other drainage or levee work for agricultural,
sanitary or mining purposes.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-2) (from Ch. 42, par. 3-2)
Sec. 3-2.
Names of
districts.
A district which is organized as an outlet drainage district shall
include the term "outlet drainage district" in its name. A district which
maintains levees shall include the term "drainage and levee district" in
its name. A district which is organized as a mutual drainage district shall
include the term "mutual drainage district" in its name, and if such a
district also maintains levees it shall include the term "mutual drainage
and levee district" in its name. Any other district shall include the term
"drainage district" in its name.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-3) (from Ch. 42, par. 3-3)
Sec. 3-3.
Petition.
A drainage district may be organized upon petition
signed by 20% of the adult owners owning more than one-fourth of the land
in the proposed district; or by more than one-fourth of the adult owners
owning a major portion of the land. When the land in the proposed district
is owned by 2 owners only, the petition need be signed by only one owner if
he owns at least one-fifth of the land in the proposed district. The
petition shall be filed in the circuit court of that county in which the
greater part of the land shall lie. It must include: (a) the name of the
proposed district; (b) a statement showing the necessity for the district;
(c) a general description of the proposed work; (d) a general description
of the location of the lands in the proposed district or the numbers of the
sections, including township and range, in which the proposed district, or
any part thereof, is situated; (e) the names of the owners, when known; (f)
the approximate number of acres in the proposed district; (g) a request for the
organization of the district; and (h) a request for the appointment of
temporary commissioners.
(Source: P.A. 86-297.)
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(70 ILCS 605/3-4) (from Ch. 42, par. 3-4)
Sec. 3-4.
Setting
petition for hearing.
Upon the filing of the petition, it shall be presented to the court,
which shall fix the date and hour for hearing.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-5) (from Ch. 42, par. 3-5)
Sec. 3-5.
Notice of hearing.
The clerk of the circuit court shall give notice of the hearing on the
petition in the manner provided in Section 3-6. The notice shall be
entitled "Drainage Notice" and must state: (a) in what court and on what
date the petition was filed; (b) a general description of the proposed
work; (c) the boundaries of the proposed district or a description of the
lands proposed to be included or the numbers of the sections, including
township and range, in which the proposed district, or any part thereof, is
situated; (d) the name of the proposed district; and (e) the place, date
and hour the petition will be heard. The notice may be substantially in the
following form:
DRAINAGE NOTICE
Public notice is hereby given that on (insert date), there was filed in the Circuit Court of the .... Judicial
Circuit, .... County, Illinois, a petition requesting the organization of ....
Drainage District, in the County (or Counties) of .... and State of Illinois;
that the boundaries of the proposed district are as follows: .... (or "that
the proposed district is situated in the following sections: ...."); that the
work proposed to be undertaken by the district consists of ....; that upon
the filing thereof, the petition was presented to the Court and by the
Court set for hearing in the .... in the courthouse at ...., Illinois, on
(insert date), at the hour of
.... .. M., at which time and place all interested parties may appear
and be heard if they see fit so to do.
Dated (insert date).
.............................
Clerk of the Circuit Court of
the ....... Judicial Circuit,
............ County, Illinois
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 605/3-6) (from Ch. 42, par. 3-6)
Sec. 3-6.
Time and manner of giving notice.
Notice of the hearing on the petition shall be given by publishing the
notice in a newspaper of general circulation published in the county in
which the proposed district is situated. The notice shall be published once
each week for 2 successive weeks. The first publication of the notice shall
be at least 3 weeks prior to the date fixed for hearing. When the proposed
district is situated in 2 or more counties, then such notice shall be given
as aforesaid by publishing the same in a newspaper of general circulation
published in each of said counties. If no newspaper of general circulation
is published in any such county, then publication of the notice shall be in
a newspaper having general circulation in that county.
The petition shall be accompanied by an affidavit of one or more
credible persons setting forth the names and addresses of the owners of all
the land proposed to be included in the district, if known, or, if unknown,
the names and addresses of the persons who last paid the general taxes on
the land for which the names or addresses of the non-resident owners are
unknown, as shown by the collector's books in the county in which such land
is situated. The petitioners or the clerk of the court shall, within 4 days
after the first publication of the notice, mail a copy thereof to each
person named in the affidavit at the address therein set forth.
The notice given by mail shall be sent first class, with the postage
thereon fully prepaid. The certificate of the clerk of the court or the
affidavit of any other credible person, affixed to a copy of the notice, is
sufficient evidence of the mailing of notice.
(Source: P.A. 86-297.)
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(70 ILCS 605/3-7) (from Ch. 42, par. 3-7)
Sec. 3-7.
Hearing.
At the hearing, the court shall determine whether or not the requisite
number of owners owning the required acreage of land signed the petition or
joined as petitioners. The affidavit of one or more credible persons may be
taken as prima facie evidence of the sufficiency of the signing of the
petition. Any owner of land situated within the proposed district may, at
or prior to the time fixed for hearing, file objections to the sufficiency
of the petition on the ground that it does not fulfill the requirements of
Section 3-3, and, after filing such objections, may be heard with
reference thereto and introduce evidence thereon.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-8) (from Ch. 42, par. 3-8)
Sec. 3-8.
Findings
and determinations by the court.
If the court finds that the petition has not been signed as required by
Section 3-3 or that the petition does not otherwise fulfill the
requirements of Section 3-3, it shall dismiss the petition at the
petitioners' costs. If the court determines that the petition has been
properly signed and otherwise fulfills the requirements of Section 3-3, it
shall find for the petitioners.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-9) (from Ch. 42, par. 3-9)
Sec. 3-9.
Appointment of temporary commissioners - Continuance.
If
the Court finds for the petitioners, it shall notify the appropriate
appointing authority which shall be the county board or in home rule
counties as defined by Article VII, Section 6 of the Constitution of 1970
the county chief executive officer of the county in which the petition is
filed to appoint by majority vote as temporary commissioners 3 competent
residents of Illinois own land in the proposed district, provided, however,
that for good cause shown the appropriate appointing authority may waive
the requirement that the temporary commissioners own land in the proposed
district. When the proposed district is situated in 2 or more counties, no
more than 2 such commissioners shall be residents of any one county,
provided however, that for good cause shown the appropriate appointing
authority may waive this residence requirement. In home rule counties
appointments made by the chief executive officer shall be subject to the
advice and consent of the county board. A commissioner thus appointed
shall hold office until his duties are fulfilled or his successor is
appointed and has qualified. Upon the appointment of temporary
commissioners, the cause shall be continued to a day certain for the
filing of their report.
(Source: P.A. 86-297.)
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(70 ILCS 605/3-10) (from Ch. 42, par. 3-10)
Sec. 3-10.
Oath of temporary commissioners.
Before entering on their duties and within 10 days after appointment,
the temporary commissioners shall qualify by subscribing to an oath to
discharge the duties of the office faithfully and without favor or
partiality, which oaths shall be filed with the circuit clerk of the
county in which the district is organized.
(Source: P.A. 84-886.)
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(70 ILCS 605/3-11) (from Ch. 42, par. 3-11)
Sec. 3-11.
Filling vacancies-Removal from office.
If for
any reason a vacancy occurs in the office of temporary commissioner,
the appropriate appointing authority shall appoint a successor,
without notice, or upon such notice as the appointing authority
may direct, and the fact that the cause has been continued to a
later date shall not affect the validity of the appointment.
Temporary commissioners may be removed from office for good
cause by the appointing authority upon its own motion or upon
the petition of any interested landowner.
(Source: P.A. 86-297.)
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(70 ILCS 605/3-12) (from Ch. 42, par. 3-12)
Sec. 3-12.
Organization of temporary commissioners-Quorum.
The temporary commissioners shall elect one of their number as chairman
and may elect one of their number as secretary. A majority shall constitute
a quorum, and the concurrence of a majority regarding any matter within the
scope of their duties shall be sufficient.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-13) (from Ch. 42, par. 3-13)
Sec. 3-13.
Duties
of temporary commissioners.
The temporary commissioners shall examine the area proposed to be
included in the district and the land upon which any portion of the
drainage system is proposed to be constructed. They shall not be confined
in their deliberations to the system of drainage proposed in the petition,
but may consider such alterations or modifications of the same as they
believe will best drain or protect the lands in the proposed district with
the least damage and greatest benefit to all lands affected. No system of
drainage shall be considered or proposed by the temporary commissioners
unless such system shall at least provide a main outlet of ample capacity
to drain the lands in the proposed district, but this limitation shall not
apply to any district proposed to be organized for the sole purpose of
protecting lands against overflow.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-14) (from Ch. 42, par. 3-14)
Sec. 3-14.
Employment of engineer-Engineer's report.
The temporary commissioners shall, unless otherwise authorized by the
court, employ an engineer who shall be a registered professional engineer
competent in the design and operation of drainage systems, to assist them
in the performance of their duties. If an engineer is employed, he shall
make such surveys and estimates as the commissioners may direct. If the
engineer recommends the organization of the district and the performance of
work, and the temporary commissioners concur in this recommendation, then
the engineer shall prepare a report, which report shall include (a) a
description of the existing drainage facilities and conditions in the
proposed district; (b) a description of the system of drainage which he
recommends to be constructed by the district, giving the route, length and
termini of proposed levees, open ditches and tile drains, the top
elevations and dimensions of levees, the gradients, bottom widths and side
slopes of proposed open ditches, the diameter and gradients of proposed
tile drains, the type, plan, location and capacity of proposed pumping
plants, and the nature and location of all other work or structures
proposed for construction, operation or maintenance by the district; (c)
specifications for the performance of the work recommended; (d) a
description of the rights-of-way necessary for the performance of the work
recommended; (e) completes estimates of costs; (f) a map of the proposed
district, showing the boundaries described in the petition, any recommended
changes in the boundaries and the nature and location of the proposed work;
(g) such profile, cross-sectional and other drawings as may be necessary to
describe the proposed work; and (h) the approximate number of acres in the
proposed district and such other information as may be required by the
commissioners.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-15) (from Ch. 42, par. 3-15)
Sec. 3-15.
Report of temporary commissioners.
The temporary commissioners shall report in writing to the court on or
before the date fixed for the filing of their report. If they are not ready
to report by that date, they shall obtain a continuance to a day certain.
Successive continuances may be granted. In their report to the court, they
shall state (a) the general nature of the land in the proposed district,
(b) the drainage condition of the land, (c) the general nature and location
and the estimated cost of the drainage system they find to be best suited
for the land in the proposed district, (d) a description of any land in
addition to that described in the petition which will be benefited by the
proposed work and which, they find, should be included in the proposed
district, and a description of any land described in the petition which
will not be benefited by the proposed work and which, they find, should not
be included in the proposed district; provided, however, that the proposed
district shall not be so enlarged or contracted that the petitioners no
longer meet the proportional requirements of Section 3-3, (e) whether any
land lying outside of the proposed district, but within another drainage
district or a municipal corporation exercising drainage powers, will be
benefited, and, if so, a general description of the same, (f) whether any
land lying outside the proposed district, but not to be included in the
proposed district and not within another drainage district or municipal
corporation exercising drainage powers, will be benefited, and, if so, a
general description of the same, and (g) whether the benefits to the land
in the proposed district will exceed the probable cost to that land of
organizing the district and constructing such work. If an engineer was
employed, then the report of the engineer shall be attached to and made a
part of the temporary commissioners' report. If the temporary commissioners
find that the benefits to the land in the proposed district will not exceed
the probable cost to that land, then they shall recommend that the district
not be organized. If they find that the benefits to the land in the
proposed district will exceed the probable cost to that land, then they
shall recommend that the district be organized and shall include in their
report, in addition to the information above specified, (a) a complete
description of the system of drainage which they recommend, (b) the
estimated cost of that system, including all incidental expenses, (c) the
estimated annual cost of repair, maintenance and operation of the system,
and (d) the name of any other drainage district or any municipal
corporation exercising drainage powers which includes land lying outside of
the proposed district which will be benefited by the proposed work.
(Source: P.A. 86-297.)
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(70 ILCS 605/3-16) (from Ch. 42, par. 3-16)
Sec. 3-16.
Petition to add lands to proposed district.
Any person owning land adjoining the proposed district may, at any time
at least 10 days prior to the hearing on the report of the temporary
commissioners, petition the court to have such land included in the
proposed district. Such petitioner shall give the temporary commissioners
at least 10 days' notice in writing of the hearing on the petition, which
notice shall include a description of the land sought to be included and
the name and address of the petitioner. The petition shall be heard at the
same time as the report of the temporary commissioners.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-17) (from Ch. 42, par. 3-17)
Sec. 3-17.
Setting
report for hearing.
The report of the temporary commissioners shall be presented to the
court on the date last fixed for the filing of the report and the court
shall then fix the date and hour for the hearing thereon and the cause
shall stand continued until such time.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-18) (from Ch. 42, par. 3-18)
Sec. 3-18.
Notice of hearing on report.
If the temporary commissioners
recommend in their report that the district be organized and that
additional land be included in the proposed district, they shall file with
their report their affidavit setting forth the names and addresses of the
owners of such land, if known, or, if unknown, then the names and addresses
of the person who last paid the general taxes on such land as shown by the
collector's books in the county in which such land is situated, and the
petitioners or the clerk of the court shall, at least
10 days before the date fixed for hearing, mail a notice thereof to each
such person at his address as set forth in the affidavit. Notices shall be
mailed and proof made in the manner provided in Section 3-6. The notice
shall be entitled "Drainage Notice" and must state (a) the general nature
of the proceedings and in what court they are pending, (b) the general
location of the proposed district, (c) a general description of the system
of drainage recommended, (d) the description of the additional land
proposed to be included, and (e) the date and hour fixed for the hearing on
the report.
The notice may be substantially in the following form:
DRAINAGE NOTICE
To the owners of the lands hereinafter described:
You are hereby notified that there is pending in the Circuit Court of
the .... Judicial Circuit, .... County, Illinois, the report of the
temporary commissioners in the matter of the petition for the organization
of .... Drainage District, in the County (or Counties) of .... and State of
Illinois; that the general location of the proposed district is ....; that
the work recommended to be undertaken in the proposed district by the
temporary commissioners consists of ....; and that the temporary
commissioners have recommended that in addition to the lands described in
the petition, there be included in the districts the lands described as
follows:
........................
You are further notified that the report of the temporary commissioners
is set for hearing in the .... in the Courthouse at .... Illinois, on (insert
date), at the hour of .... .. M., at which
time and place you may appear and be heard if you see fit so to do.
Dated (insert date).
.................................
Clerk of the Circuit Court of the
............... Judicial Circuit,
............... County, Illinois.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 605/3-19) (from Ch. 42, par. 3-19)
Sec. 3-19.
Other
districts or municipal corporations as defendants.
If the temporary commissioners recommend in their report that the
district be organized and report that there is land which will be benefited
by the proposed work lying outside of the proposed district but within
another drainage district or a municipal corporation exercising drainage
powers, then such district or municipal corporation may be made a party
defendant in the proceedings. Summons shall be issued and served as in
other civil cases. If the summons is not served at least 30 days before the
date fixed for the hearing, then the court shall continue the hearing to a
day not less than 30 days after such service.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-20) (from Ch. 42, par. 3-20)
Sec. 3-20.
Hearing
on report.
Any owner of land in the proposed district or in any other district or
municipal corporation made a party defendant may, at or prior to the time
fixed for hearing, file objections opposing the confirmation of the report,
or any portion thereof or requesting that the report be modified in any
particular and, after filing such objections, may be heard with reference
thereto and introduce evidence in support thereof. The report of the
temporary commissioners shall be prima facie evidence of the matters
therein set forth.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-21) (from Ch. 42, par. 3-21)
Sec. 3-21.
Modification of report.
If, after hearing the evidence, the court finds that the report of the
temporary commissioners should be modified in any particular to provide the
best drainage or protection for the lands in the proposed district, with
the least damage and greatest benefit to all the lands affected, and the
court is sufficiently informed in the premises, it shall modify the same in
accordance with such finding. If the court finds that the report should be
so modified but is not sufficiently informed to make the modifications
itself, then it shall refer the report back to the temporary commissioners
and may give them specific directions for modifying their report. If the
report is thus referred back to the temporary commissioners, the court
shall continue the hearing to a day certain for the filing of the modified
report. Successive continuances may be granted, and no further notice shall
be required.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-22) (from Ch. 42, par. 3-22)
Sec. 3-22.
Dismissal of proceedings.
If, at the conclusion of the hearing, the court finds that the benefits
to the lands in the proposed district from the proposed work or from any
modification thereof will not exceed the cost to those lands, then the
court shall dismiss the proceedings at the petitioners' costs, which costs
shall include the fees and expenses of the temporary commissioners and
reasonable compensation for their agents, engineers and attorneys.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-23) (from Ch. 42, par. 3-23)
Sec. 3-23.
Order
organizing district.
If, at the conclusion of the hearing, the court approves the plans for
the proposed work or any modification thereof and finds that the benefits
to the land in the proposed district from such work will exceed the cost to
that land, then the court shall order the organization of the district,
which order shall include the name of the district and a description of the
district boundaries and shall direct the construction of the work approved
by the court and the levy of an assessment to pay the cost thereof,
including all incidental expenses, in the amount fixed by the court. The
court may also direct the levy of an annual maintenance assessment to pay
the cost of repair, maintenance and operation of the system.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-24) (from Ch. 42, par. 3-24)
Sec. 3-24.
Effect
of order organizing district.
When the order organizing the district is given or made, the district
shall become and be a body politic and corporate under the name set forth
in such order, with the right to sue and be sued, to plead and be
impleaded, to contract and be contracted with, and to have perpetual
succession.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-25) (from Ch. 42, par. 3-25)
Sec. 3-25.
Appeals from order organizing district.
The order organizing the district shall be final, and separate or joint
appeals may be taken by the parties affected thereby as in other civil
cases. However, the taking of an appeal or the reversal of the order upon
such appeal shall not impair or invalidate the organization as to all other
persons not appealing nor delay the work or subsequent proceedings so far
as it affects the lands of such other persons, unless the reversal of the
order by the reviewing court as to the owners so appealing would work a
substantial hardship on the owners or some of the owners not appealing and
the appeal has been made to operate as a stay of the enforcement of the
judgment. When any such an
appeal is taken, the commissioners or any landowner not appealing may,
within 15 days after the notice of appeal has been made to operate as a
stay, move the trial court to stay the proceedings as to the owners
of the lands not appealing, pending the determination of the appeal, upon
the grounds that the reversal of the order by the reviewing court as to the
owners appealing would work a substantial hardship on all or some of the
owners not appealing. In the event the proceedings are so stayed and the
order appealed from is thereafter affirmed, or the appeal is dismissed,
then, upon the receipt of final process from the reviewing court the trial
court shall vacate the stay and the proceedings shall thereafter continue
in the same manner as though no appeal had been taken. In the event the
proceedings are so stayed and the order appealed from is reversed then,
upon the receipt of final process from the reviewing court the trial court
may modify or vacate the original order as to the owners of the lands
not appealing, as justice may require under the circumstances.
(Source: P.A. 84-551.)
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(70 ILCS 605/3-26) (from Ch. 42, par. 3-26)
Sec. 3-26.
Alternate method of organization - Referendum.
As an
alternate to the method of organizing a drainage district
hereinbefore provided in this Article, proceedings for the organization of
a district may also be instituted upon a petition signed by at least
one-tenth of the adult owners who own at least one-fifth of the land in the
proposed district. The petition shall be filed in the circuit court of the
county in which the greater part of the land in the proposed district shall
lie. The petition shall contain all of the information required by Section
3-3 and shall request that the question of organizing the district be
submitted to referendum as provided in this section. Upon its filing, the
petition shall be presented to the court, which shall fix the date and hour
for hearing. The clerk of the court shall give notice of the hearing
substantially in the form and manner and for the length of time provided in
Sections 3-5 and 3-6.
At the hearing, the court shall determine whether the petition is in
proper form, contains the required information and is signed by at least
one-tenth of the adult owners who own at least one-fifth of the land in the
proposed district. The affidavit of one or more credible persons may be
taken as prima facie evidence of the sufficiency of the signing of the
petition. If the petition is not adequate or is not properly signed, the
court shall dismiss the petition at the petitioner's costs. If the petition
is adequate and is properly signed, the court shall order the question of
organizing the district submitted to the adult owners of the land in the
proposed district at a special election to be held therein.
The court shall fix the day upon which the election shall be held, which
day shall be not less than 30 nor more than 60 days from the day the order
is entered. The court at the time of calling the election shall designate
the polling place in the proposed district, shall notify the appointing
authority, as described in Section 3-9, to appoint 3 judges of the
election and shall designate the hours at which the polling place will open
and close. Upon calling the election, the court shall continue the cause to
a day certain, which day shall be not less than 7 nor more than 14 days
following the day fixed for the election.
The clerk of the court shall give notice of the election in the manner
and for the length of time provided in Section 3-6 in the case of hearing
on a petition, except that if notice is given by publication, no notice by
mailing shall be required. The notice shall specify the purpose of the
election with a description of the proposed district and the time and place
of holding the election. The ballots for the election shall be in
substantially the following form:
Shall the proposed (Name of Yesproposed district) be organized as a drainage district? No
The reverse side of the ballot shall show the official nature of the ballot
by the certificate of the clerk, and it shall be the duty of the clerk to
cause the ballots to be prepared. The ballots and the results shall be
returned to the clerk of the court within 48 hours after the election and
he shall report the results of the election to the court. The expense of
printing ballots and holding the election shall be taxed as costs in the
pending proceedings.
If a majority of the owners voting on the question do not favor the
organization of the proposed district, the court shall dismiss the petition
at the petitioners' costs. If the majority of the owners so voting favor
the organization of the proposed district, the court shall find for the
petitioners and proceedings shall thereafter be had in the manner provided
by Sections 3-9 through 3-23, inclusive, except that after the court has
called the election, no change may be made in the boundaries of the
proposed district from those set forth in the petition.
(Source: P.A. 86-297.)
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(70 ILCS 605/3-27) (from Ch. 42, par. 3-27)
Sec. 3-27.
Organization of drainage district by user.
Where 2 or more parties owning adjoining or contiguous lands, or their
predecessors in title, have, by voluntary action, constructed a combined
system of drains, a combined system of levees or a combined system of
drains and levees which form a continuous line or a continuous line and
branches, the lands connected by such system shall be liable for their just
proportion of the cost of such repairs and improvements as may be needed
therefor, the amount to be determined, as nearly as may be, on the same
principles as if these lands were in an organized drainage district.
Whenever such repairs and improvements cannot be made by voluntary
agreement, any one or more parties owning land upon which any such work has
been constructed may petition the court for the formation of a drainage
district to include all the lands connected by such system. The petitioner
or petitioners for the formation of such drainage district must show to the
satisfaction of the court that his or their land is damaged through the
lack of proper repairs to or improvements of such system. After the
petition is filed, the procedure and conditions (except as to the number of
signers and proportions of area) heretofore prescribed in this Act for the
organization of other drainage districts shall be observed, as nearly as
practicable. The ditches, drains, levees or other work shall be taken as a
dedication of right-of-way and their construction and joining as the
consent of the several parties to be united in a drainage district.
Commissioners, both temporary and permanent, shall be appointed in drainage
districts organized under this section at the time, in the manner and with
the qualifications, powers and duties provided in this Act for
commissioners of other drainage districts.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-28) (from Ch. 42, par. 3-28)
Sec. 3-28.
Outlet
drainage districts-Organization.
Outlet drainage districts may be organized in the manner provided in
Sections 3-3 through 3-26:
(a) When an open drain, whether natural or artificial, or partly natural
and partly artificial, constitutes the common outlet for lands in two or
more other drainage districts which may or may not adjoin or for lands in
two or more such other drainage districts and lands not within any drainage
district; and
(b) When the purpose of the outlet district is to improve the channel of
the open drain constituting such outlet; and
(c) When the lands to be included in the outlet district are contiguous
and will be benefited by the work of the outlet district; and
(d) When all or a portion of the lands to be included in the outlet
district are situated in two or more other districts.
Any lands which will be benefited by the work of an outlet district may
be included therein without regard to whether such lands do or do not lie
within another district, however, it shall not be necessary to include in
an outlet district all lands which will be benefited by the work of the
outlet district or all lands lying within the other districts draining into
the outlet proposed to be improved.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-29) (from Ch. 42, par. 3-29)
Sec. 3-29.
Outlet
drainage districts-Commissioners-Powers.
Commissioners, both temporary and permanent, shall be appointed for
outlet drainage districts at the time and in the manner and with like
qualifications provided in this Act for the appointment of commissioners of
other drainage districts. Such commissioners shall have the same powers and
duties as commissioners of other districts except the following:
(a) The commissioners of an outlet drainage district shall not have the
power to construct any drainage work except the deepening, widening,
straightening, relocating or otherwise improving of the channel of such
outlet river, stream or other natural or artificial watercourse, and to
reconstruct, enlarge, repair and maintain the same. No assessment shall be
levied except for these purposes and incidental expenses in connection
therewith and to pay damages, if any, and compensation for land taken, and
the cost of organization.
(b) Subdistricts may not be formed in any outlet drainage district.
(c) No outlet drainage district shall remove, destroy, appropriate or
use any levee, drain, ditch or part thereof or other work of any other
drainage district or municipal corporation exercising drainage powers
without the consent of such district or municipal corporation or without
paying just compensation therefor.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-30) (from Ch. 42, par. 3-30)
Sec. 3-30.
Outlet
drainage districts-Lands included in other districts.
The fact that land is in an outlet drainage district shall not, in
itself, prevent that land from thereafter being included in another
drainage district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/3-31) (from Ch. 42, par. 3-31)
Sec. 3-31.
Mutual Drainage Districts.
Owners of lands which require
combined drainage or combined drainage and protection from overflow may
form a drainage district by mutual agreement, to include lands of their own
only, by an instrument in writing duly signed, acknowledged and recorded in
the drainage record. This agreement may include the location and character
of the work to be done, the method by which the work shall be done, the
total amount of the assessment to be levied, the amount of assessments of
benefits and damages to be levied against each tract, or so much of these
or more as may be agreed upon, and, to the extent provided by the
agreement, the proceedings shall be as valid as though the drainage
district were organized by petition in court in the manner hereinbefore
provided. The appointment, powers and duties of the commissioners of a
drainage district organized by mutual agreement shall, except as may be
limited by the agreement, be the same as prescribed for drainage districts
organized by petition in court, provided, however, that the agreement may
include the selection of three drainage commissioners from the signers of
the agreement or from others qualified to act. The terms of office of such
commissioners shall be until the first Tuesday of the following September
and until their successors have been appointed in the manner provided in
this Act for the appointment of commissioners of other districts and have
qualified. A drainage district organized by mutual agreement shall be
subject to the jurisdiction of the circuit court and all such districts
shall have all the powers, rights and duties of every kind given to
drainage districts organized by petition in court, except as may be limited
by the agreement. The above powers, rights and duties shall include, but
not be limited to, the power of annexation of lands benefited and the
formation of subdistricts as in other drainage districts.
(Source: P.A. 86-297.)
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(70 ILCS 605/Art. IV heading) ARTICLE IV.
COMMISSIONERS AND OTHER OFFICERS--SELECTION, QUALIFICATIONS,
POWERS AND DUTIES
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(70 ILCS 605/4-1) (from Ch. 42, par. 4-1)
Sec. 4-1.
Appointment of Commissioners.
Upon the organization of the district, the temporary commissioners shall
continue as permanent commissioners and shall hold office until the first
Tuesday in September following the organization of the district and until
their successors are selected and have qualified. On the first Tuesday in
September after the organization of any district, or as soon thereafter as
may be feasible, and in the manner provided in Section 3-9 of this Act, the
appropriate appointing authority shall appoint 3 commissioners for such
district, one of whom shall hold office for a term expiring on the first
Tuesday of September next, one of whom shall hold office for a term
expiring on the first Tuesday of the second succeeding September, and the
other of whom shall hold office for a term expiring on the first Tuesday of
the third succeeding September, and until their respective successors are
selected and have qualified. On the first Tuesday of September of each
succeeding year, or as soon thereafter as may be feasible, the appointing
authority shall appoint one commissioner, who shall hold his office for a
term expiring on the first Tuesday of the third succeeding September and
until his successor is selected and has qualified.
(Source: P.A. 77-701.)
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(70 ILCS 605/4-2) (from Ch. 42, par. 4-2)
Sec. 4-2.
Petition for appointment of commissioners.
Whenever a petition signed by a majority of the total number
of adult landowners who together own a majority of the area
embraced in the district requesting the appointment of an
individual as commissioner is filed with the county clerk of the county in
which the greater part of the territory of the district lies not more than 4
weeks nor less than
1 week before the first Tuesday of September, then the county clerk shall
forward the petition to the appropriate appointing authority and, except
for good cause shown, the appropriate appointing authority
shall then appoint that individual as commissioner, if he is
otherwise qualified.
(Source: P.A. 88-607, eff. 1-1-95.)
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(70 ILCS 605/4-3) (from Ch. 42, par. 4-3)
Sec. 4-3.
Qualifications of Commissioners.
No person shall be appointed
or elected commissioner of a district who is not an adult resident of
Illinois. Neither shall any person be appointed or elected commissioner of
a district who does not own land in the district unless (a) the court in
election districts or the appointing authority in other districts finds it
to be in the best interests of the district that the requirement of
ownership of land in the district be waived or (b) the selection of
commissioners is by appointment and a majority of the adult landowners
owning a majority of the area embraced in the district have duly petitioned
the appropriate appointing authority to allow the appointment as
commissioner of an individual who does not own land in the district.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-4) (from Ch. 42, par. 4-4)
Sec. 4-4.
Oath of Commissioners-Bond of Commissioners.) Before
entering on his duties each commissioner appointed or elected
under this Act shall qualify by subscribing to an oath to discharge the
duties of his office faithfully and without favor or partiality. He
shall also give bond payable to the People of the State of Illinois for
the use of all persons interested in an amount to be fixed by the
court in election districts or the appointing authority in other
districts and with surety to be approved by the appointing
authority, which bond shall be conditioned upon the faithful performance
of his duties and the faithful application of all moneys that may come
under his control. The oath and the bond shall be filed with the clerk
of the county in which the proceedings to organize the district
were held. In the event that a commissioner furnishes a bond with a corporate
surety thereon the premium charged by such surety shall be paid by the
district. The court in election districts or the appointing authority in
other districts, for good cause shown, may, and when
petitioned to do so by a majority of the adult landowners owning a
majority of the area embraced in the district, shall waive the
requirement that a commissioner furnish surety on his bond.
(Source: P.A. 84-886.)
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(70 ILCS 605/4-5) (from Ch. 42, par. 4-5)
Sec. 4-5.
Election of Commissioners in Districts organized
under Farm Drainage Act and certain other Districts.
Commissioners for all districts which, at the time this Act
becomes effective, are operating and existing under the
provisions of the Farm Drainage Act, shall be elected by
the adult owners of land in the district in the manner provided
by this Section unless the landowners have elected to change
from the election to the appointment of commissioners in the
manner provided in Section 4-6.
An election shall be held in all combined, union, special,
user, mutual or other districts which were operating and
existing under the Farm Drainage Act at the time this Act
became effective and in districts which have changed from
the appointment to the election of commissioners as provided
in Section 4-8, on the first Tuesday in September 1956 and
annually thereafter for the purpose of electing a successor
to the commissioner whose term will next expire. Commissioners
so elected shall serve for a term of 3 years from the date of
their election and until their successors have been elected
and have qualified.
In any case where the commissioners have failed to give notice
and to hold an election as provided in this Section, the circuit
court of the county in which the district is organized may, on
the petition of any owner of land in the district, designate the
time and place for a special election. Any commissioner elected
at such special election shall serve for the remainder of the
term expiring 3 years from the date on which the election should
have been held and until his successor is elected and has qualified.
The commissioners in office shall designate the place within the district
at which the election will be held and they shall file such designation in
writing with the clerk of the circuit court at least four weeks prior to
the date of the election. The clerk shall give at least
two weeks notice of the time and place of the election by publication for
2 successive weeks in the manner provided by Section 4-22.
Notice by mailing shall not be required.
Voting shall be by secret ballot. The clerk shall cause the
ballots to be prepared. The ballots shall show on their face
the name of the district,
the date of the election, the term for which a commissioner is
to be elected, the names of the declared candidates and a
blank line for write-in candidates. A square shall appear
before each name and before the blank line. The reverse side
of the ballot shall show the official nature of the ballot by
the certificate of the clerk.
Every adult owner of land in the district shall be entitled
to vote. Any qualified person may declare his candidacy for
the office of commissioner and thereby become entitled to have
his name placed on the ballot by filing a statement of his
candidacy in writing with the clerk at least 3 weeks prior
to the date of the election.
The commissioners in office at the time of the election shall be the
judges of the election. In the event that one or more of the
commissioners is absent or refuses to serve as judge then the electors
present at the opening of the polls may choose a person or persons to
fill the vacancy or vacancies. The polls shall open at 2:00 P.M. and
close at 4:00 P.M. unless the judges of election shall determine to hold
the polls open a longer period to accommodate the voters. In no event
shall the polls remain open later than 6:00 P.M.
Upon the closing of the polls the judges of election shall promptly
canvass the ballots and the ballots together with the poll books, tally
lists and the results shall be returned to the clerk within 48 hours
after the election. The candidate receiving the largest number of votes
shall be declared elected. In case of a tie the judges shall determine
by lot who is elected. The expense of the election shall be borne by the
district.
In the event that a vacancy occurs in the office of commissioner
whether by death, ineligibility, removal from office or failure to
qualify the commissioners in office shall fill the vacancy by
appointment. The commissioner so appointed shall serve until the next
annual election. If the unexpired term caused by such vacancy be for
more than one year then, at the next annual election, the adult
landowners shall elect a commissioner to complete the then unexpired
portion of the term in addition to electing a commissioner for a regular term.
Commissioners elected under this Section shall, within 20 days after
their election, qualify by subscribing to an oath of office and giving
bond, in the manner provided in Section 4-4.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-6) (from Ch. 42, par. 4-6)
Sec. 4-6.
Change
from election to appointment of Commissioners in certain districts.
In all districts which were operating and existing under the provisions
of the Farm Drainage Act at the time this Act became effective and in
districts which have changed from the appointment to the election of
commissioners as provided in Section 4-8, 10 per cent or more of the adult
landowners may petition the court to dispense with the annual election of
commissioners and to appoint commissioners in the same manner as though the
district had been originally organized under this Act. Upon the filing of
any such petition the same shall be presented to the court which shall fix
the date and hour for hearing and direct the time and manner of giving
notice. Upon such hearing the court shall determine whether the petition is
signed by at least 10 per cent of the adult owners of land in the district.
The affidavit of one or more credible persons may be taken as prima facie
evidence as to the proportion of the owners signing the petition. If the
petition is not so signed the petition shall be dismissed at the
petitioners' cost.
If at such hearing, the court determines that the petition is signed by
at least 10 per cent of such owners but is not signed by a majority of such
owners then the court shall order the question of whether the commissioners
of the district shall be appointed in the manner provided or elected by the
adult landowners of the district submitted to the adult landowners at the
next annual election in the district and shall direct the clerk of the
district to prepare separate ballots on that question for use in that
election. The ballots shall be canvassed by the judges of the election and
the ballots and the results of the election returned to the clerk at the
same time and in the same manner as is provided in Section 4-5 with
reference to the election of commissioners.
Within five days after the results of the election are returned to the
clerk he shall report the results to the court. If a majority of the owners
voting on the question do not favor the appointment of commissioners the
petition shall be dismissed and the question may not again be put to the
landowners until the second succeeding annual election. If a majority of
the owners voting on the question favor the appointment of commissioners in
the manner provided and the dispensing with the annual election of
commissioners the court shall order that thenceforth the annual elections
of the district shall be dispensed with and thereafter the commissioners
shall be appointed in the manner provided in this Act.
If at the hearing on the petition the court determines that the petition
is signed by a majority of the adult owners of land in the district then no
referendum on the question shall be necessary and the court shall thereupon
order that thenceforth the annual elections of the district shall be
dispensed with and thereafter the commissioners shall be appointed in the
manner provided by this Act.
The commissioners in office at the time an order dispensing with further
elections is given or made shall continue in office until the time that
their successors would have been elected under the provisions of Section
4-5 and until their successors have been appointed and shall have
qualified.
(Source: P.A. 77-701.)
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(70 ILCS 605/4-7) (from Ch. 42, par. 4-7)
Sec. 4-7.
Appointment of commissioners in districts organized under Levee
Act and certain other districts.
In all districts which, at the time this Act goes into effect, were
operating and existing under the provisions of the Levee Act, or under
the provisions of any other act repealed by this Act except the Farm
Drainage Act, the commissioners thereof shall hereafter be appointed in
the same manner and with like qualifications as though the districts had
been originally organized under this Act unless the landowners have elected
to change from the appointment to the election of commissioners in the
manner provided in Section 4-8. The commissioners in office at the time
this Act goes into effect shall continue as commissioners of the district
under this Act until the expiration of their terms of office and until
their successors are selected and shall have qualified as provided in this
Act. Commissioners appointed under this section shall, within 20 days after
their appointment, qualify by subscribing to an oath of office and giving
bond, in the manner provided in Section 4-4.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-8) (from Ch. 42, par. 4-8)
Sec. 4-8.
Change from appointment to election of commissioners in
certain districts.
In any district, whether heretofore or hereafter organized, 10 per
cent or more of the adult landowners may petition the court to change
the method of selecting commissioners from appointment to election. The
practice and procedure on a petition to change from the appointment to
the election of commissioners shall follow, as nearly as the facts will
permit, the practice and procedure set forth in Section 4-6 for the
change from elective to appointive commissioners. The commissioners in
office at the time an order is given or made directing that thereafter
the commissioners shall be elected in the manner provided by this Act
shall continue in office until the time that their successors would have
been appointed under Section 4-1 and until their successors have been
elected and shall have qualified.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-9) (from Ch. 42, par. 4-9)
Sec. 4-9.
Single
commissioner.
Whenever the drains, levees or other work for the construction of which
the district was organized are completed, then the appointing authority
may, upon the petition of adult landowners owning a majority of the area
embraced in the district, dispense with 2 commissioners, and the appointing
authority shall thereafter appoint for such district a single commissioner,
who shall hold office for a term expiring on the first Tuesday in September
of the third year following his appointment and until his successor is
appointed and has qualified, and such single commissioner shall perform the
duties and be vested with and exercise the powers imposed upon
commissioners generally. Whenever, upon the petition of one or more
landowners in such district, it appears to the appointing authority that
additional work may be necessary in such district, or for other good cause
shown, the appointing authority shall appoint 2 additional commissioners in
the manner provided by Section 4-10 so as to make a total of 3
commissioners for the district.
(Source: P.A. 77-701.)
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(70 ILCS 605/4-10) (from Ch. 42, par. 4-10)
Sec. 4-10.
Filling vacancies in appointive commissioners-Removal from
office. If, for any reason, a vacancy occurs in the office of commissioner
in a district in which the commissioners are appointed the appointing
authority may appoint a successor, either without notice or upon such
notice as the appointing authority may direct, to fill the vacancy until
the first Tuesday of September next, on which date, or as soon thereafter
as may be feasible, the appropriate appointing authority shall appoint a
successor for the remainder of the term, in accordance with Sections 3-9,
4-1 and 4-2. For good cause shown any commissioner, whether elected or
appointed, may be removed from office by the appointing authority upon its
own motion or upon the motion of any interested landowner. Notice to such
commissioner of the hearing on such motion shall be given as the appointing
authority shall direct.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-11) (from Ch. 42, par. 4-11)
Sec. 4-11.
Organization of Commissioners-Quorum.)
The commissioners shall elect one of their number as chairman and shall
elect a secretary, who may or may not be a commissioner. A majority of
the commissioners constitutes a quorum, and a concurrence of a majority
of their number regarding any matter within the scope of their duties is
sufficient.
(Source: P.A. 80-579.)
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(70 ILCS 605/4-12) (from Ch. 42, par. 4-12)
Sec. 4-12.
Meetings of Commissioners-Minutes.
The
commissioners shall hold an annual meeting of the district
each November in the county in which the district is organized.
The commissioners shall fix the time, date and place of the meeting and
shall give notice of the meeting by publication one time at least 10 days
prior to the date of the meeting in a newspaper of general circulation in
the county in which the district is organized. When the district is
situated in 2 or more counties, the notice shall be published in a
newspaper of general circulation in each of those counties. If no newspaper
of general circulation is published in any such county, publication of the
notice shall be in a newspaper having general circulation in that
county. Notice by mailing is not required. The commissioners shall hold
other meetings in the county or counties in which the district is located.
Meetings may be called by the chairperson or any two commissioners. The
commissioners shall keep and preserve a minute book in which their secretary
shall record the proceedings of each meeting by making a brief
memorandum of all transactions concerning the district. All
meetings of the commissioners shall be open to the public and
the minutes of the meetings shall at all reasonable times be
open to public inspection.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-13) (from Ch. 42, par. 4-13)
Sec. 4-13.
Pay of commissioners.
Each commissioner shall receive for
his services a sum not to exceed $30 per day for each day he is actually
engaged in the business of his office, and he shall be reimbursed for his
necessary traveling and other expenses incurred in the performance of his
duties. Each commissioner shall present to the court an itemized account,
under oath, of his claim for services and expenses, which shall be audited
by the court and certified by it to the treasurer of the district for payment.
(Source: P.A. 86-1266.)
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(70 ILCS 605/4-14) (from Ch. 42, par. 4-14)
Sec. 4-14.
General powers of commissioners.
The commissioners
constitute the corporate authorities of
the district and shall exercise the corporate functions conferred by
law. The commissioners are empowered to: (a) adopt and use a corporate
seal; (b) use funds of the district for any lawful purpose and
compromise actions and controversies and employ engineers, attorneys and
other employees; (c) do all acts necessary for the purpose of surveying,
constructing, altering, enlarging, protecting, repairing and maintaining
any drain, levee or other work of the district and go upon lands either
within or outside of the district for the purpose of examining the same
in connection with the work of the district and making surveys, doing no
more damage than the occasion may require; (d) upon the payment or
tender of the compensation allowed, go upon such lands with their
agents, employees, contractors and servants, teams, tools, machinery,
instruments and other equipment for the purpose of constructing the work
of the district and forever thereafter enter upon such lands for the
purpose of constructing the work of the district and forever thereafter
enter upon such lands for the purpose of protecting, maintaining and
repairing the same; (e) use any part of any public highway for the
purposes of work to be done, provided such use will not permanently
destroy or materially impair such public highway for public use; (f)
authorize any state or federal officer, agent, employee or contractor to
go on any lands or rights-of-way of the district for the purpose of
inspecting, surveying, constructing, altering, enlarging, protecting,
repairing or maintaining any drain, levee or other work of the district;
(g) enter into agreements with any department or agency of the State of
Illinois relative to the use and control of ditches, drains, levees and
drainage structures of the district in conjunction with the operation
and management of fish preserves and game refuges and the furtherance of
any of the purposes of the "Fish Code of Illinois" or the "Wildlife Code of
Illinois"; (h) in the corporate name of the district, contract, sue and
be sued, plead and be impleaded, and do and perform all acts and things,
whether express or implied, that may be reasonably required in order to
accomplish the purposes of this Act.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-15) (from Ch. 42, par. 4-15)
Sec. 4-15.
Duty to Keep System in Repair-Minor Improvements.)
The commissioners shall make an annual inspection of all the district's
improvements and works and keep the drains, levees, pumping plants and
other works of the district in operation and repair. The commissioners
may, without prior authorization of the court, use corporate funds of
the district for the repair, maintenance, operation or improvement of
drains, levees, pumping plants and other works of the district when such
repair, maintenance, operation or improvement does not involve any
substantial or material alteration, enlargement or extension of the
drainage system of the district and for the purchase, acquisition or
lease of machinery and equipment. If the commissioners find that by
reason of error in locating or constructing the drains, levees or other
works the lands of the district, or any portion thereof, do not receive
the benefits contemplated at the time the assessment for the work was
levied, they shall use the corporate funds of the district to achieve
the results so contemplated in order that all lands, so far as
practicable, shall receive the benefits for which they were assessed. If
sufficient funds are not on hand or available for the performance of any
such repair or other work, (unless the alternate method of levying an
additional assessment for repair work provided by Section 5-18 is
being followed), the commissioners shall petition the court for
authority to levy an assessment upon the lands benefited to pay the cost
thereof and all expenses incident thereto.
(Source: P.A. 84-886.)
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(70 ILCS 605/4-15.1) (from Ch. 42, par. 4-15.1)
Sec. 4-15.1.
Protection of environmental values.
In performing any
of the duties and in exercising any of the powers provided in this Code,
the commissioners shall use all practicable means and measures, including
consideration of alternative methods of providing the necessary drainage,
to protect such environmental values as trees and fish and wildlife
habitat, and to avoid erosion and pollution of the land, water or air.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-16) (from Ch. 42, par. 4-16)
Sec. 4-16.
Specific powers of commissioners-Court approval.
When authorized by the court, the commissioners may: (a) construct
additional drains, ditches, levees or other works necessary for the
drainage or protection of the lands in the district, including the
construction of one or more pumping plants; (b) alter, enlarge, extend,
improve, deepen, widen or straighten any drain, levee, pumping plant or
other work within the district and may do any such work outside the
district when necessary to obtain a proper outlet or to protect the lands
in the district; (c) change the method of construction, route, size,
capacity, termini or plans of any proposed drain, levee or other work of
the district; (d) purchase, acquire or lease and maintain and operate
dredge boats, draglines, bulldozers or other machinery or equipment
necessary for the construction, repair, maintenance and preservation of any
drain, levee or other work of the district; (e) purchase mowing machines,
tractors, sprayers or other like equipment for keeping the drains, levees,
banks and right-of-way free from weeds, brush or other obstructions; (f)
construct access roads when such roads are necessary to protect or maintain
any drain, levee, pumping plant or other work or structure of the district;
(g) level spoil banks and excavated material to permit cultivation or use
for roadway or other lawful purposes; (h) construct headwalls, bulkheads,
spillways, surface water inlets and tile outlets as a part of the drainage
system of the district; and (i) abandon any drain, levee or other work of
the district, or any part thereof, when the same is no longer of value or
service to the district or has been adequately replaced or superseded by
other works.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-16a) (from Ch. 42, par. 4-16a)
Sec. 4-16a.
Prompt payment.
Purchases made pursuant to this Act shall be
made in compliance with the Local Government Prompt Payment Act.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-17) (from Ch. 42, par. 4-17)
Sec. 4-17.
Acquisition of property - Eminent domain.
Whenever an order has been entered by the court authorizing the
performance of any work, either within or outside of the district, the
commissioners shall proceed to acquire all lands, easements, rights-of-way
and other property or interests therein which may be necessary to the
performance of such work. The commissioners may enter into agreements with
landowners to pay reasonable compensation therefor and may use or commit
the corporate funds of the district for such purposes without regard to
whether such funds are on hand or are yet to be levied or collected.
Whenever the commissioners are unable to agree with any landowner or other
interested person on the amount of compensation to be paid, or whenever any
person interested is not competent to contract or his name or residence is
unknown or he is a non-resident of this state, then the commissioners may,
on behalf of the district, acquire any such lands, easements,
rights-of-way, properties and interests, whether privately owned, publicly
owned or held for the use of the public, by the exercise of the right of
eminent domain.
(a) Complaints seeking to take property in the exercise
of the right of
eminent domain may be filed by the commissioners in any court of competent
jurisdiction, in the manner now or as may hereafter be provided by statute.
(b) When the property sought to be taken is situated within the
boundaries of the district, or when the property sought to be taken is not
situated within the boundaries of the district but is situated within the
county in which the district is organized, the commissioners may acquire
the same and have the compensation fixed in conjunction with and as a part
of their assessment proceedings. The commissioners shall, in such event,
set forth in the assessment roll, or in an application
filed therewith, a
description of the property sought to be taken and the amount of the
compensation allowed by them. The property so sought to be taken shall be
described by reference to the plats, plans and specifications on file with
and approved by the court, by metes and bounds, by setting forth in general
terms a description of the course, width and area of the right-of-way or
easement to be acquired and a general description of the property over,
across or upon which the same is to be located, or by any combination of
these methods, or by any other method which will sufficiently describe the
property sought to be taken. The compensation for property taken and the
damages to property not taken, if any, shall thereupon be fixed and
determined at the hearing on the assessment roll.
(c) Every owner of property sought to be taken and every other person
interested in such property shall be made a party defendant in the
proceeding and shall be served with process or given notice as in other
civil cases.
(d) When the court finds that it is in the best interests of the
district to acquire the fee instead of a necessary lesser interest in land
and that the fee can be acquired by agreement with the landowner, then the
court may authorize the commissioners to purchase the fee. Commissioners
may, on behalf of the district, accept a gift or legacy of the fee or any
lesser interest in land.
(Source: P.A. 83-388.)
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(70 ILCS 605/4-17.5) Sec. 4-17.5. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 605/4-18) (from Ch. 42, par. 4-18)
Sec. 4-18.
Authority to levy assessments.
In order to perform and carry out the duties imposed and powers granted
by this Act or to perform or construct any work authorized by the court,
the commissioners may, in the manner provided by this Act, levy assessments
upon the lands and other property benefited to pay the cost thereof and the
expenses incident thereto. Assessments may be levied when sufficient funds
are not on hand or otherwise available (a) for the construction of
original, additional or repair work; (b) for the completion of original,
additional or repair work; (c) for the performance of annual maintenance
work, including the maintenance and operation of pumping plants; (d) to
acquire necessary rights-of-way or other property, both real and personal;
(e) to pay obligations incurred for incidental expenses, current expenses,
obligations incurred in protecting the works of the district in emergencies
and in the performance of emergency repair work; or (f) for other lawful
purposes as set forth in this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-19) (from Ch. 42, par. 4-19)
Sec. 4-19.
Obtaining court authorization.
If the commissioners determine that it is necessary or advisable (a) to
exercise any of the specific powers conferred upon them by Section 4-16 of
this Act, or (b) to levy an additional assessment (unless the alternate
method of levying an additional assessment for repair work provided by
Section 5-18 is being followed), or (c) to levy an annual maintenance
assessment, or (d) to increase an existing annual maintenance assessment,
or if the commissioners are requested in writing by a majority of the adult
landowners owning one-third of the land, or by at least one-third of the
landowners owning the major portion of the land, to exercise any such power
or to levy any such assessment, then the commissioners shall file a
verified petition in the court in which the district is organized for
authority to exercise such power or powers or to levy such an assessment.
The petition shall contain the following (or so much thereof as may be
applicable): (a) a general description of any work or changes proposed to
be undertaken; (b) a general description of any equipment proposed to be
purchased, acquired, leased, maintained or operated; (c) a statement
showing the necessity for or advisability of the levy of the assessment or
the exercise of such powers; (d) such plans, profiles or specifications as
may be necessary; (e) a description of any lands, rights-of-way or other
property which they deem it necessary to acquire for such work; (f) an
estimate of costs, including an estimate of any increase or decrease in
costs occasioned by any proposed change; (g) the amount of the assessment
proposed to be levied, if any; (h) a statement that the benefits to the
lands and other property in the district from the proposed work or the
exercise of the power or powers proposed exceed the cost to such lands and
other property; (i) a request for authority to exercise such powers and to
do the acts proposed; (j) a request for authority to levy the proposed
assessment; and (k) any other matters which the commissioners may deem
pertinent.
Whenever a petition is filed with the court by the commissioners
requesting authority to levy an additional or annual maintenance
assessment, such petition must be accompanied by a current financial report
in the form set forth in Section 4-32 and covering the period since the
last preceding report. If there are lands or other property which will be
benefited, but which lie outside the district and within another district
or a municipal corporation exercising drainage powers, then such other
district or municipal corporation may be named as a party defendant in such
petition and shall be served with process as provided in Section 3-19.
If the proposed work, changes or other powers sought by the
commissioners will require the levy of an annual maintenance assessment, or
if the petition seeks such an assessment or the increase in any existing
annual maintenance assessment to keep any such work or other works of the
district in repair or to pay the cost of operating any proposed or existing
pumping plant, work or equipment, then the petition shall contain an
estimate of the amount of such new or increased annual maintenance
assessment and a request for authority to levy such new or increased annual
maintenance assessment.
The commissioners may file with their petition an additional assessment
roll or an annual maintenance assessment roll, or both, if any such
assessments are proposed.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-20) (from Ch. 42, par. 4-20)
Sec. 4-20.
Setting
petition for hearing.
Upon the filing of the petition it shall be presented to the court,
which shall fix the date and hour for hearing.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-21) (from Ch. 42, par. 4-21)
Sec. 4-21.
Notice of hearing.
The petitioners or the clerk of the court
shall give notice of the hearing in the manner
provided in Section 4-22, except that if the petition does not pray for
authority to levy an assessment, then the clerk shall give only such notice
as the court may direct. The notice shall be entitled "Drainage Notice" and
must state: (a) in what court and on what date the petition was filed; (b)
the name of the district; (c) a general description of the authority sought
from the court and of the work proposed to be undertaken or other matters
proposed; (d) the amount of the assessment proposed to be levied, if any,
and (e) the place, date and hour the petition will be heard. If an
assessment roll was filed with the petition the notice shall also state (f)
the total amount of damages, if any, to be allowed, (g) the total amount of
compensation proposed to be allowed, if any, and (h) the total amount of
the annual maintenance assessment, if any.
It shall not be a valid ground for objection on the part of any
landowner that any other landowner has not received proper or sufficient
notice of the hearing.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-22) (from Ch. 42, par. 4-22)
Sec. 4-22.
Time and manner of giving notice.
Notice of the hearing on the petition, unless other notice is directed
by the court as provided in Section 4-21, shall be given by publishing the
notice in a newspaper of general circulation published in the county in
which the district is situated. The notice shall be published once each
week for 2 successive weeks. The first publication of the notice shall be
at least 3 weeks prior to the date fixed for hearing. When the district is
situated in 2 or more counties, then such notice shall be given as
aforesaid by publishing the same in a newspaper of general circulation
published in each of said counties. If no newspaper of general circulation
is published in any such county, then publication of the notice shall be in
a newspaper having general circulation in that county.
The petition shall be accompanied by the affidavit of one or more
credible persons giving the names and addresses of all the owners of land
situated in the district, if known, or, if unknown, the names and addresses
of the persons who last paid the general taxes on the land for which the
names or addresses of the owners are unknown, as shown by the collector's
books in the county in which such land is situated. The petitioners or
the clerk of the court shall, within 4 days after the first publication of
the notice, mail a copy thereof to each person named in the affidavit at
the address therein set forth.
The notice given by mail shall be sent first-class, with the postage
thereon fully prepaid. The certificate of the clerk or the affidavit of any
other credible person, affixed to a copy of the notice, shall be sufficient
evidence of the mailing of the notices.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-23) (from Ch. 42, par. 4-23)
Sec. 4-23.
Objections-Hearing.
Any landowner in the district or other party defendant may, at or prior
to the time fixed for hearing, file objections to the petition, or any
portion thereof, or request that the petition be modified in any particular
and, after filing such objections or request for modification, may be heard
with reference thereto and introduce evidence in support thereof.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-24) (from Ch. 42, par. 4-24)
Sec. 4-24.
Findings - Dismissal - Order.
If, at the conclusion of the hearing, the court finds that it is not
necessary or advisable to construct any of the proposed work or to make any
of the proposed changes or to exercise any of the proposed powers or to
levy any proposed assessment, or finds that the cost thereof to the lands
and other property in the district will exceed the benefits thereto, then
the court shall dismiss the petition. In determining whether the proposed
action is necessary or advisable and in determining the cost thereof, the
court shall consider environmental values and amenities and may receive
testimony from persons especially qualified by reason of training or
experience in biological sciences, community planning, natural resource
development, conservation, landscape architecture and similar fields. If
the court finds that it is necessary or advisable to do one or more of the
things proposed and that the benefit resulting therefrom to the lands in
the district exceed the cost to such lands, then the court shall also find
(a) the things which should be done, (b) the method by which the things
shall be done, (c) the probable cost thereof, (d) whether an assessment
should be levied or increased, (e) the amount of any assessment or
additional assessment or new or increased annual maintenance assessment to
be levied, and (f) any other matters which the court deems pertinent, and
shall order the things to be done and the levy of an assessment in
accordance with its findings. If the court orders the levy of an
assessment, and if the commissioners have filed an assessment roll with
their petition, then the court shall fix a time for a hearing on the
assessment roll and shall continue the cause to a day certain for such
hearing and no additional notice shall be required if notice was given by
publication and mailing as required by Section 4-22 and by
Section 5-6; provided, however, that if there are no objections to the
assessment roll, if no jury is required and, if such notice was given by
publication and mailing under Section 4-22 and Section 5-6, then the
court may proceed to an immediate hearing on the assessment roll. If notice
was not given by publication and mailing under Section 4-22 and
Section 5-6 then notice of the hearing on the assessment roll shall be
given in the form required by Section 5-5 and in the manner and for the
length of time provided by Section 5-6. If an assessment is ordered and no
assessment roll was filed with the petition, then the court shall direct
the commissioners to prepare and file an assessment roll.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-25) (from Ch. 42, par. 4-25)
Sec. 4-25.
Contingency Fund.
In districts which have an
annual maintenance assessment, the commissioners may build
up and maintain a contingency fund to meet emergencies arising
from flood, overflow or act of God to meet maintenance
expenses which exceed the annual maintenance assessment
and to pay lawful obligations incurred by the district.
This fund shall not exceed an amount equal to the total of
2 years' annual maintenance assessment. This fund may be accumulated out of
the surplus, if any, of the annual maintenance assessments or out of the
surplus from any prior assessment. The contingency fund shall be deposited
with the treasurer of the district who may, with prior court approval,
invest all or a portion of the funds in interest bearing obligations of
the Federal Government or insured deposit accounts. The contingency fund
shall be used, with or without prior court approval, to meet emergencies
and maintenance expenses of the nature above described, provided,
however, that if new or additional works are required in the district,
the residue of the contingency fund may, by order of the court, be
transferred to the general corporate funds and be used in the
construction of work in accordance with the plans approved by the court.
The maintenance of this fund shall not prejudice the right of the
commissioners to collect annual maintenance assessments.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-26) (from Ch. 42, par. 4-26)
Sec. 4-26.
Settlement of disputes.
In the event of dispute or disagreement between the commissioners and
any owner of land in the district with regard to the nature and extent of
the drainage system or with regard to the duties and obligations of the
commissioners to provide drainage to the lands in the district, to protect
the lands from overflow or to keep the drainage system of the district in
repair, the commissioners or such owner may petition the court to specify
the nature and extent of the drainage system or to specify and define with
particularity those duties and obligations with respect to such dispute or
disagreement. Upon being filed with the clerk of the court, any such
petition shall be presented to the court and by the court set for hearing
upon such notice as the court may direct. On such hearing any interested
party may offer evidence in support of or in opposition to the petition and
the court shall make a binding declaration of the nature and extent of the
drainage system or of duties and rights, which declaration shall have the
force of a final judgment. The court shall thereafter have the power to
enforce any such declaration by appropriate proceedings.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-27) (from Ch. 42, par. 4-27)
Sec. 4-27.
Contracts, Agreements and Cooperation.
The commissioners, subject to the approval of the
court, shall have the power and authority:
(a) To levy and collect assessments as provided in this Act, when
such assessments become necessary to avail the district of financial
assistance from any appropriation made by the Government of the United
States, the State of Illinois or any of their agencies.
(b) To negotiate for and obtain a loan from the State or Federal
Government, or any officer or agency of either, upon such terms and
conditions as the commissioners deem to be in the best interest of the
district, for the purpose of paying or redeeming outstanding bonds and
other obligations of the district, for the purpose of paying the cost or
a portion of the cost of any work or improvements beneficial to the
district, or for any other lawful purpose.
(c) To convey, by deed or mortgage, the pumping house site or other
real estate owned by the district to the State or Federal Government, or
any officer or agency of either, for the purpose of securing a loan of
funds to be used for constructing, reconstructing, enlarging or
otherwise improving the pumps, pumping station or other property of the
district, provided, however, that the title to any property so conveyed
shall be reconveyed to the district when the loan has been paid.
(d) To receive or to accept the transfer of drainage and levee
works, or either, which may have been constructed or which are proposed
to be constructed by the Federal Government or the State of Illinois or
any of their agencies, and to provide, by contract with the State or
Federal Government, or any officer or agency of either, that the
district shall furnish, without cost to such government or agency, all
lands, easements, and rights-of-way necessary for the construction of
such works, which contract may also provide that the drainage district
shall hold and save the State or Federal Government, or any officer or
agency of either, free from damages due to such construction, and that,
after completion, the district shall operate and maintain all such works
in accordance with such regulations or requirements as may be prescribed
by the State or Federal Government, or any officer or agency of either,
or by any act of Congress, or of the General Assembly of Illinois,
authorizing the construction of such works. If the works constructed or
to be constructed by either of these governments or their agencies
benefit 2 or more districts, the cost of complying with the requirements
of such governments or their agencies and the liabilities to be assumed
shall be apportioned between or among the districts benefited as
provided in Article XI.
(e) To convey, grant, transfer or sell to the State or Federal
Government, or to any agency of either, any real or personal property
owned by the district, upon such terms as may be agreed upon or as
security for a loan of money from the State or Federal Government, or
any agency of either, for the construction, extension or improvement of
any works or levees.
(f) To lease from the State or Federal Government, or any agency of
either, any real or personal property for the purposes of the district,
for any period of time not exceeding 50 years, and with or without an
option to buy such property, and with or without a clause to the effect
that title to such leased property shall vest in the district at the
expiration of the lease. Payment for such leased property shall be made
in accordance with the terms of the lease, and such lease may be entered
into without a prior appropriation or levy for expenses incurred under
it. Indebtedness under such a lease shall be considered as a current
expense and not as an indebtedness of the district.
(g) To accept any grant of money or other aid from the State or
Federal Government, or any agency of either, that may be granted or
allotted to aid in the acquisition of any rights-of-way or other
property needed by any such district, upon such terms as may be agreed.
(h) To effect settlements with the State or Federal Government, or
any agency of either, through mutual agreement, for any damages incurred
as a result of the change of water level in the district caused by flood
control, navigation, irrigation or water power projects and works
constructed by the State or Federal Government, or the agencies of
either. Funds from such a settlement shall be used by the district for
the purpose of constructing and maintaining such remedial works as may
be necessary to prevent, abate or reduce the damages resulting from the
construction and maintenance of such projects and works by such
governments or their agencies, or such funds without prior court approval,
may be invested in interest bearing obligations of the State or Federal
Government or insured deposit accounts and the interest received
thereon used to pay the increased
cost of annual maintenance, including the operation of a pumping plant
or plants, if any, or for such other purposes as the court may direct.
(i) To cooperate and enter into agreements with other districts, proper
agencies of the United States and State of Illinois, municipal corporations
and units of local government and school districts
of this State and associations and persons for the formulation of plans
and for the construction, operation and maintenance of any and all
improvements for flood control, drainage, conservation, regulation,
development, utilization and disposal of water and water resources or
other purposes of this Act. Such agreements may assign to the several
cooperating districts and agencies particular projects or portions of
projects for the purposes herein stated and may provide for joint
understandings for said purposes and for contributions between
districts, districts and agencies or any combination thereof, to execute
any work agreed upon with any other of the above mentioned agencies in
the State of Illinois to carry out the provisions of this Act. The
Districts shall have power and authority, upon order of court, to
provide for payment of funds collected for any purpose under this
subsection into a special account designated by the cooperating
districts and agencies; such funds to be expended in accordance with the
understanding and agreement among the parties for the project or work
covered by such agreement.
Whenever the commissioners of any district desire to exercise any of
the rights, incur any of the obligations or do any of the things
provided in this Section, they shall petition the court for an order
authorizing the same. A hearing shall be had on such petition as
provided in Section 4-20, and notice of such hearing shall be given in
the form, time and manner as provided by Sections 4-21 and 4-22. The
proceedings at the hearing and the findings and order to be entered by
the court shall be as provided in Sections 4-23 and 4-24, insofar as
the same are applicable.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-28) (from Ch. 42, par. 4-28)
Sec. 4-28.
Sale of
district owned real estate-Power of court.
The court has power to: (a) authorize the commissioners to sell at
public sale and convey any real estate acquired by any district at any
foreclosure sale or at any general tax sale or by deed from the owner where
an assessment is delinquent thereon or by gift or legacy;
(b) authorize the
commissioners to sell at public sale any district owned real estate which
may have been acquired for drainage, protection or other purposes when such
real estate may no longer be needed by the district for any district
purpose; (c) authorize the sale of any such real estate free and clear of
the lien of any unpaid assessments, installments of assessments, interest,
or annual maintenance assessments of such district which are past due and
unpaid, but it shall provide for the application of the proceeds of such
sale to the payment of any obligation of the district which may be a lien
upon such assessment or installment; and (d) fix the terms of sale and the
manner of giving notice of such sale.
(Source: P.A. 83-388.)
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(70 ILCS 605/4-29) (from Ch. 42, par. 4-29)
Sec. 4-29.
Sale of district owned real estate - petition - notice -
hearing - order. When the commissioners deem it advisable to sell any real
estate owned by the district, they shall petition the court for an order
authorizing such sale. The petition when filed shall be presented to the
court, which shall fix the date and hour for hearing. The clerk of the
court shall give notice of the hearing in the manner and for the length of
time prescribed by Section 4-22, and no notice by mailing shall be
required. The notice shall be entitled "Drainage Notice," shall be
addressed "To All Persons Interested" and must state (a) in what court and
on what date the petition was filed, (b) a description of the real estate
petitioned to be sold and (c) the place, date and hour the petition will be
heard. At the hearing on the petition, any owner of land in the district
may appear and be heard without filing written objections. If, at the
conclusion of the hearing, the court finds that it is advisable to sell the
real estate, or any part thereof, it shall order the commissioners to make
such sale, fix the terms of sale, direct the manner of giving notice of
such sale and direct the conveyance to be made upon compliance with the
terms. The order may also contain any pertinent provisions in regard to the
cancellation of the lien of any past due and unpaid assessments, or
installments of assessments, or annual maintenance assessments of such
district which may be a lien on such land which the court may find should be cancelled.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-30) (from Ch. 42, par. 4-30)
Sec. 4-30.
Leasing right-of-way and other district property - Easements -
Licenses. The commissioners of any drainage district, subject to the approval
of the court, shall have power:
(a) On such terms as the commissioners may determine to be for the best
interest of the district, but subject to the rights of the owner of any
underlying fee, to grant to the State or Federal Government or any agency
of either, to any municipal corporation, public corporation, railroad
company, public carrier, telegraph or telephone company, pipeline company
or public utility company, or to any person or corporation, a license,
easement or right-of-way on, over, along, through or across any drain,
levee, drainage structure, right-of-way or real estate of such district for
the purpose of constructing or establishing thereon any road, railroad,
telephone, telegraph or power transmission line, pipeline, water
transmission system, airstrip or airplane landing field or other similar
works, provided that the use to be made of the license, easement or
right-of-way so granted shall not impair, hinder, prevent or obstruct the
use of such property for drainage or protection purposes or cause any
material damage to the same.
(b) To lease for such time, not exceeding 3 years, and upon such terms
as the commissioners may determine is for the best interests of the
district, the right-of-way of the levee -- any protection area and any other
property or interest in property owned by the district, for any lawful
purpose, including the pasturing of livestock on the right-of-way of the
levee, provided that the use to be made of such property under such lease
shall not cause any material damage to any levee or other drainage works of
the district and will not impair, hinder, prevent or obstruct the use of
such property for any district purpose.
(c) To construct or to permit the construction of such fences as may be
necessary to permit the use of the levee right-of-way for the pasturing of
livestock whenever the commissioners determine that it is for the best
interest of the district to construct such fences.
(d) To join with the owner or owners of the fee in leasing any
right-of-way of the district or to lease any real estate owned in fee by
the district for the production of oil, gas, coal or other minerals on such
terms as the commissioners determine is for the best interest of the
district, provided that no drilling shall be permitted on any right-of-way
or real estate of the district which will impair, hinder, prevent or
obstruct the use of such right-of-way or real estate by the district for
district purposes.
Whenever the commissioners of any district desire to grant any license,
easement or right-of-way or make any lease as hereinbefore provided in this
section, they shall file a petition in the court praying for an order
authorizing the same. Upon the filing of the petition it shall be presented
to the court, which shall fix the date and hour for hearing. The clerk of
the court shall give only such notice of the hearing as the court may
direct. The proceedings at the hearing and the findings and order to be
entered by the court shall be controlled by the provisions of Sections 4-23
and 4-24 insofar as the same may be applicable.
(Source: Laws 1959, p. 1071.)
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(70 ILCS 605/4-31) (from Ch. 42, par. 4-31)
Sec. 4-31.
Other
powers and duties of commissioners.
In addition to the powers and duties provided in this Article, the
commissioners shall have such other powers and duties as may be specified
elsewhere in this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-32) (from Ch. 42, par. 4-32)
Sec. 4-32.
Financial Reports of Commissioners.
On or
before the last day of November in each year, and more often if
the court so requires, the commissioners shall make a report, under
oath, to the court, showing the amount of money collected by the
district since the last preceding report and the manner in which the
funds of the district have been expended during that period. Such report
shall also contain an itemized statement of the notes, bonds and orders,
if any, outstanding and unpaid at the close of the report period and the
balance on hand in the treasury of the district. Upon the filing of the
report with the clerk of the court, the same shall be presented to the
court, and the clerk of the court shall give notice
of the date on or before which objections must be filed by
publishing a notice thereof in a newspaper of general
circulation in the county in which the district was organized. Any owner
of land within the district may file an objection to the report with the
clerk of the court within 10 days after the publication of the notice. If any
objections are filed within the time prescribed, the court shall set a
hearing at a time not later than 4 weeks after the date of the filing of
the report. If no objection to the report is filed, the court may
approve the report without a hearing. At a hearing on the report the
court shall hear
evidence on any and all objections which may be urged against the report
and evidence in support thereof and may continue the hearing to a day
certain or from time to time. At the conclusion of a hearing, the
court may approve the report, disapprove the report or order the report
modified or amended. Upon the approval of a report, the same shall be
recorded in the drainage record. Copies of the financial report
shall be available at the annual meeting of the district.
(Source: P.A. 86-129; 86-297; 86-1028.)
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(70 ILCS 605/4-32.1) (from Ch. 42, par. 4-32.1)
Sec. 4-32.1.
List of Active Commissioners.
On or before the last day
in December of each year, the commissioners
shall file a list of active commissioners with the clerk of
the circuit court of the county in which the district is
organized. The list shall include the addresses of the
commissioners and shall designate the chairperson. Such
list shall be recorded in the Drainage Record, as defined in Section 4-35.
(Source: P.A. 86-297.)
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(70 ILCS 605/4-33) (from Ch. 42, par. 4-33)
Sec. 4-33.
Report
on completion of work.
Commissioners may (and if money has been or will be borrowed to provide
funds for the performance of the work, then the commissioners shall),
within 60 days after the completion of any specific work ordered
constructed by the court, file with the court a report of the fact that the
work has been completed and that the commissioners propose to accept the
same. The report shall contain a statement of the actual construction
costs, including the cost of any extra work, and all other costs and
expenses incident thereto, the date the work was commenced and the date of
completion. Upon the filing of the report the same shall be presented to
the court and by the court set for hearing. The clerk of the court shall
give notice of the hearing by publication for the time and in the manner
provided by Section 4-22. Notice by mailing is not required. At the
hearing, any owner of land in the district may file objections in writing
to the acceptance of such work, stating specifically the reasons therefor,
and the court shall hear any and all objections that have been filed and
evidence in opposition to the report or in support thereof and may continue
the hearing from time to time. Upon the conclusion of the hearing, the
court, if it finds that the plans and specifications have been
substantially complied with, shall approve the report and authorize the
acceptance of the work, but if it finds that there has not been such
substantial compliance, then it shall disapprove the report and enter such
order as may be appropriate.
Failure to complete any work for which an assessment was levied or to
perform that work in substantial compliance with the approved plans and
specifications cannot be interposed as a defense to the collector's
application for judgment for delinquent assessments, but this restriction
shall not affect the right of a landowner whose land has been or will be
damaged by such failure to obtain relief by mandamus or by other
appropriate action.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-33.1) (from Ch. 42, par. 4-33.1)
Sec. 4-33.1.
Maps.) The commissioners shall file with
the circuit clerk and the county clerk of the county in
which the district is organized a map showing the boundaries
of the districts and the location of all works of improvement.
(Source: P.A. 80-579.)
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(70 ILCS 605/4-34) (from Ch. 42, par. 4-34)
Sec. 4-34.
Commissioners as officers of court-Verified petition or report as prima
facie evidence.
The commissioners of a drainage district are officers of the court and
as such shall be under the control of the court. Whenever the
commissioners, pursuant to any of the provisions of this Act, file a
petition or report with the court and such petition or report is verified
by a majority of the commissioners, the matters and things therein
contained shall be presumed to be correct, and, when introduced in evidence
in any such proceeding, shall make out a prima facie case for the district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-35) (from Ch. 42, par. 4-35)
Sec. 4-35.
Clerk of the Circuit Court as District
Clerk-Drainage Record.) The clerk of the circuit
court of the county in which a district is organized
is, ex officio, the clerk of that district. He shall
maintain for each district organized in his county a "Drainage
Record," in which he shall record the order organizing
the district; any orders enlarging or extending the boundaries
of the district; any orders pertaining to the levy of
assessments, the performance of work or the duties of the
commissioners; the maps, plats and plans of the district;
the list of active commissioners; and all assessment rolls,
certificates of levy, reports and other formal records of the
district required by law or by order of court to be recorded.
When such matters are recorded in the Drainage Record, no
additional record thereof shall be required in the records
of the circuit court. He shall not be required to keep or
maintain the minutes of commissioners' meetings. He shall
compile and keep a composite map of all the districts organized
in the county. In addition to the duties prescribed in this
Section he shall perform such other and further duties as may
be required elsewhere in this Act. The clerk shall receive for
his services such fees as are allowed by law for similar services
by the county clerk or the clerk of the circuit court.
(Source: P.A. 84-886.)
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(70 ILCS 605/4-35.1) (from Ch. 42, par. 4-35.1)
Sec. 4-35.1.
County Clerk-Composite Map.) The county
clerk shall compile and keep a composite map showing the
boundaries of all drainage districts organized in the county.
(Source: P.A. 80-579.)
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(70 ILCS 605/4-36)
Sec. 4-36.
(Repealed).
(Source: Repealed by P.A. 88-30.)
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(70 ILCS 605/4-37) (from Ch. 42, par. 4-37)
Sec. 4-37.
County
collector to collect assessments.
Except as hereinafter provided in Section 4-38, the County Collector of
the County in which any of the lands of the district are situated shall
collect all drainage assessments provided for by this Act and assessed
against lands in his county. His official bond as County Collector shall
stand as his bond as district collector. The collector shall perform such
other duties and functions as are specified elsewhere in this Act. The
collector shall be reimbursed by each district and subdistrict for the
actual costs for his services. Such costs shall
be paid out of
the funds of the district for which the services were rendered.
(Source: P.A. 83-739.)
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(70 ILCS 605/4-38) (from Ch. 42, par. 4-38)
Sec. 4-38.
District treasurer; collector.
(a) The commissioners shall appoint a treasurer of the district. The
individual serving as treasurer shall be a resident of
this State and shall be bonded for the faithful performance of his duties, in
an amount to be determined by the commissioners, but the amount of his bond
shall not be less than twice the amount of the annual maintenance assessment,
if any. The treasurer's bond shall be presented to the commissioners for
approval and, when approved by the commissioners, shall be filed with the clerk
and recorded in the drainage record.
(b) The individual serving as district treasurer may also serve as district
collector and then shall collect all drainage assessments provided for by this
Act, and perform such other duties and functions as are imposed upon district
treasurers and collectors elsewhere in this Act.
(c) (Blank).
(d) A treasurer appointed under this Section shall serve for a term of 3
years and until his successor is appointed and has qualified.
(e) A copy of the resolution of the commissioners appointing a treasurer and
fixing his compensation shall be filed with the clerk who shall record the same
in the drainage record and another copy shall be left on file in the office of
the County Collector of the county or counties in which the lands of the
district are situated.
(Source: P.A. 88-30; 88-572, eff. 8-11-94.)
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(70 ILCS 605/4-39) (from Ch. 42, par. 4-39)
Sec. 4-39.
Clerks,
treasurers and collectors of districts organized under prior acts.
In all districts organized or existing under a prior act repealed by
this Act the clerks, treasurers and collectors thereof shall be selected in
the same manner as clerks, treasurers and collectors of districts organized
under this Act. The powers, duties and obligations of each clerk, treasurer
and collector in office at the time this Act goes into effect shall cease
on the effective date of this Act unless such clerk, treasurer or collector
is the same individual designated for such office under the provisions of
this Act, in which event he shall continue in office without interruption.
The individuals whose rights to office terminate on the effective date of
this Act shall immediately deliver all the records, files, funds and other
property of the district in their possession or control to their
successors.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/4-40) (from Ch. 42, par. 4-40)
Sec. 4-40.
Liability of Drainage Districts and Commissioners-Indemnification.
No commissioner shall be personally responsible or liable for any
injury, death or damage to property which may be caused, in whole or in
part, by the negligence of such commissioner in the performance or
non-performance of his duties as such commissioner, unless such injury,
death or damage is caused, in whole or in part, by the wilful and wanton
misconduct of the commissioner.
In case any such injury, death or damage is caused, in whole or in part,
by the negligence of any commissioner in the performance or non-performance
of his duties as commissioner, the drainage district shall be liable for
the same, and the district shall indemnify and protect the commissioner
against any costs or expenses he may incur by reason of any action brought
against him as a result of any such injury, death or damage to property,
except where the injury, death or damage to property results from the
wilful and wanton misconduct of the commissioner.
(Source: Laws 1963, p. 2753.)
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(70 ILCS 605/4-45)
Sec. 4-45. Flood prevention districts; reporting requirement; control. If a flood prevention district has been formed under the Flood Prevention District Act, the flood prevention district shall have the exclusive authority within such areas as designated by the county board to restore, improve, upgrade, construct, or reconstruct levees. If any part of the territory of a drainage district, levee district, or sanitary district overlaps with the territory of a flood prevention district, the drainage district, levee district, or sanitary district shall, at the direction of the county board, operate under the direction of the board of commissioners of the flood prevention district with respect to the restoration, improvement, upgrade, construction, or reconstruction of levees and other flood control systems. At the direction of the county board, the flood prevention district and its assignees shall be permitted to utilize any property, easements, or rights-of-way owned or controlled by the drainage district, levee district, or sanitary district. In addition, at the direction of the county board, the board of commissioners of any such drainage, levee, or sanitary district must comply with any requests for information by the board of commissioners of the flood prevention district, including, but not limited to, requests for information concerning past, present, and future contracts; employees of the drainage, levee, or sanitary district; finances of the drainage, levee, or sanitary district; and other activities of the drainage, levee, or sanitary district. This information must be submitted to the board of commissioners of the flood prevention district within 30 days after the request is received. Nothing in this Section 4-45 or in the Flood Prevention District Act shall preclude or prohibit a drainage district, levee district, or sanitary district that overlaps the territory of a flood prevention district from conducting or performing its normal operation and maintenance of levees under their control, provided such normal operation and maintenance does not interfere with or inhibit the restoration, improvement, upgrade, construction, or reconstruction of levees and other flood control systems by the flood prevention district.
(Source: P.A. 95-719, eff. 5-21-08.) |
(70 ILCS 605/Art. V heading) ARTICLE V.
LEVY AND COLLECTION OF ASSESSMENTS
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(70 ILCS 605/5-1) (from Ch. 42, par. 5-1)
Sec. 5-1.
Scope of Article - Kinds of Assessments - Limits on
Assessments. The commissioners of a district may levy and collect
assessments in the manner provided by this Article. Assessments shall be
known and designated as "original assessments", "annual maintenance
assessments" or "additional assessments". The designation "original
assessment" shall apply only to the first assessment levied for the
construction of the original work of the district and may include fees for
the recording of documents as provided in this Act. The designation "annual
maintenance assessment" shall apply only to assessments levied for the
performance of the annual maintenance work of the district, including the
purchase of necessary equipment and supplies to perform such annual
maintenance work, the operation of pumping plants, to accumulate a
contingency fund and to pay the current expenses of the district. The
designation "additional assessment" shall apply to all assessments other
than original assessments and annual maintenance assessments and shall
include assessments for the completion of
original, additional or repair work, the performance of additional or
repair work, the construction, enlargement or repair of pumping plants,
the payment of lawful obligations incurred by the district and for all
other lawful purposes as set forth in this Act. No land or other
property shall be assessed for benefits more than its just proportion of
the entire assessment or in excess of the benefits thereto.
(Source: P.A. 86-297.)
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(70 ILCS 605/5-2) (from Ch. 42, par. 5-2)
Sec. 5-2.
Original
assessments - Property subject to assessment.
Upon the Organization of the district, the commissioners shall proceed
to make out their assessment roll of benefits, damages and compensation,
and they shall include therein all lands, lots, railroads, and other property
within the district other than
public highways, streets and alleys, which, in their
opinion, will be benefited, taken or damaged by the proposed work. Whenever
another district or a municipal corporation exercising drainage powers has
been made a party to the proceedings to organize the district, then the
commissioners shall also include such other district or municipal
corporation in their assessment roll.
(Source: P.A. 83-726.)
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(70 ILCS 605/5-3) (from Ch. 42, par. 5-3)
Sec. 5-3.
Original Assessments - Assessment Roll.
(1) In their assessment roll, the commissioners shall set down in proper
columns (a) the name and address of the owner, when known, of each tract of
land (including lots, railroad tracks and right-of-way and like property)
within the district and affected by the proposed work or, if the name and
address of the owner is unknown, then the name and address of the person
who last paid the general taxes thereon, as shown by the County Collector's
books; (b) a description of each tract affected, in words or figures or
both; provided that, in counties in which a real estate index number system
has been established in accordance with Section 9-45 of the Property Tax
Code, the index number shall be used in
addition to the legal description; (c) the number of acres in each tract of
land (but not including lots, railroad tracks and rights-of-way and like
property); (d) the amount of benefits, if any, levied against each tract; (e)
the amount of annual benefits, if any, levied against each tract; (f) the
amount of damages to land not taken, if any, allowed to each tract; (g) the
amount of compensation for land taken, if any, allowed to each tract; and (h)
the amount of fees for the future recordation of documents anticipated for each
tract.
(2) The commissioners shall also include in their assessment roll (a) the
names and addresses of the municipal corporations or quasi municipal
corporations owning municipally owned property or property held for public use
within the district and affected by the proposed work; (b) a general
description of all such municipally owned or controlled property; (c) the
amount of benefits, if any, levied against such municipally owned or controlled
property; (d) the amount of annual benefits, if any, levied against such
property; (e) the amount of damages allowed to land not taken, if any, and (f)
the amount of compensation allowed for land taken, if any.
(3) In like manner, the commissioners shall include in their assessment
roll (a) the name and address of any other district or municipal corporation
exercising drainage powers and made a party to the proceedings to organize the
district, (b) a general description of the lands, lots or other property in
such other district or municipal corporation benefited by the proposed work,
(c) the amount of the assessment for benefits levied against such other
district or municipal corporation and (d) the amount of annual benefits, if
any, assessed against such other district or municipal corporation.
The land to be occupied by the district for its right-of-way and the
land or other property to be taken or used for any drainage purposes shall
not be subject to assessment for benefits. In describing lands in their
assessment rolls, the commissioners shall not be required to describe the
same in 40 acre tracts, but they may include in a single description all of
the land owned by the same individual or the same group of individuals
situated in the same section, or they may use the same descriptions as
those used in the Collector's books if such descriptions are otherwise
adequate and correct.
The assessment roll shall be accompanied by an affidavit stating (a)
that diligent inquiry and search of public records have been made by the
commissioners, or by someone acting under their direction, to determine the
names and addresses of the owners of land within the district and subject
to assessment; (b) that a careful examination was made of the Collector's books
to ascertain the names and addresses of the persons who last paid the general
taxes on any lands for which the names and addresses of the owners are unknown;
and (c) that such names and addresses are set forth in the assessment roll. The
affidavit may be made by the commissioners or by the person who made the search
under their direction.
(Source: P.A. 88-670, eff. 12-2-94.)
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(70 ILCS 605/5-4) (from Ch. 42, par. 5-4)
Sec. 5-4.
Original
assessments-Filing and setting for hearing.
The assessment roll shall be filed with the court and be presented to
the court, which shall fix the date and hour for hearing thereon.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-5) (from Ch. 42, par. 5-5)
Sec. 5-5.
Original assessments - Notice of hearing - Contents of notice.
The clerk of the court shall give notice of the hearing on the
assessment roll in the manner and for the length of time provided in
Section 5-6. The notice shall be entitled "Drainage Notice" and must state
(a) in what court and on what date the assessment roll was filed, (b) the
name of the district, (c) the total amount of benefits proposed to be
levied, (d) the total amount of damages, if any, to be allowed, (e) the
total amount of compensation proposed to be allowed, if any, (f) if an
annual maintenance assessment is proposed to be levied, the total amount of
such annual maintenance assessment, and (g) the date, place and hour the
hearing will be held.
The notice may be substantially in the following form:
DRAINAGE NOTICE
Public notice is hereby given that on (insert date), an assessment roll was filed in the Circuit Court of the ....
Judicial Circuit,.... County, Illinois, by the commissioners of .... drainage
District; that the total amount of the assessments of benefits contained in
the assessment roll is $...., the total amount of damages proposed to be
allowed contained in the assessment roll is $...., and the total amount of
compensation proposed to be allowed contained in the assessment roll is
$....; (if an annual maintenance assessment is included in the assessment
roll, then insert here the statement "that the total amount of the annual
maintenance assessment contained in the assessment roll is $....";) and
that upon the filing of such assessment roll, the same was presented to the
court and by the court set for hearing before the Circuit Court in the
courthouse at ...., Illinois, on (insert date), at the hour of .... .. M., at which time and place all interested
persons may appear and be heard upon all questions of benefits, damages and
compensation if they see fit to do so.
Dated (insert date).
.............................
Clerk of the Circuit Court of
the ....... Judicial Circuit,
........... County, Illinois.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 605/5-6) (from Ch. 42, par. 5-6)
Sec. 5-6.
Original Assessments - Time and Manner of Giving Notice.
Notice of the hearing on the assessment roll shall be given in the manner
and for the length of time provided in Section 4-22.
The commissioners shall, at least 10 days prior to the date
fixed for hearing and within 4 days after the first publication of the
notice, mail a copy of the notice (a) to each person named in the
assessment roll as an owner of, or as having last paid the general taxes
on, land being assessed and (b) to any other district or municipal corporation
exercising drainage powers against which an assessment is being levied.
Any notice given by mail shall be sent first-class, with the postage
thereon fully prepaid. The certificate of the chairperson or the affidavit
of any other credible person affixed to a copy of the notice shall be
sufficient evidence of the mailing of the notice.
However, with respect to land located within the boundaries of a
municipality, the mailing of the notice required by this Section to the
owner of such land or to the person having last paid the general taxes on
such land shall be at the option of the commissioners.
(Source: P.A. 86-297.)
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(70 ILCS 605/5-7) (from Ch. 42, par. 5-7)
Sec. 5-7.
Original assessments - Right to jury.
The commissioners and any parties interested have the right to a trial
by jury upon all questions as to benefits and damages to any lands and
property affected, if a written demand for a jury is filed on or before the
date and hour fixed for hearing on the assessment roll. If no demand for a
jury trial is filed, then all parties shall be deemed to have waived a
jury, and the court shall proceed to hear and determine all questions as to
benefits and damages to any lands and other property without a jury. If a
trial by jury is demanded by the commissioners or by one or more interested
parties, then the court shall submit to the jury all questions as to
benefits and damages to any and all lands and property, even though a
demand for a jury has not been made by all of the parties interested.
If any lands or property are sought to be taken by the exercise of the
right of eminent domain, then the compensation to be paid for any lands or
property so sought to be taken shall be fixed by a jury, unless a waiver of
a trial by jury has been filed by each owner of land or property sought to
be taken.
If a trial by jury is to be held, the jury may be drawn and summoned in
the manner now or hereafter provided for the drawing and summoning of
juries for the circuit court. If the jury is not summoned as above
provided, then the court may, when the cause is set for trial, direct the
clerk of the court to issue a venire for not less than 12 nor more than 24
competent jurors, as the court shall direct, and deliver the same to the
sheriff or coroner, who shall summon such jurors from the body of the
county to appear before the court at the time set for trial. The jury shall
be impaneled, and the parties shall be entitled to challenge jurors as in
other civil cases.
(Source: P.A. 84-886.)
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(70 ILCS 605/5-8) (from Ch. 42, par. 5-8)
Sec. 5-8.
Original
assessments-Objections-Hearing.
Any party interested may at or prior to the time fixed for hearing, file
objections to the assessment roll, or any portion thereof and, after filing
such objections, may be heard with reference thereto and introduce evidence
thereon. The court shall hear and determine all objections except those
pertaining to the amount of benefits and damages to the lands and property
or the amount of compensation to be paid for lands or property sought to be
taken, and may enter any proper order after such hearing.
If no demand for a trial by jury has been filed, the court shall also
hear and determine all questions as to the amount of benefits and damages
to lands and property without a jury, provided, however, that all questions
as to the amount of compensation for lands or property sought to be taken
must be determined by a jury unless a jury be waived as provided in Section
5-7.
If there are issues to be tried before a jury, then the court shall set
the cause for trial, and a jury shall be summoned and impaneled as provided
in Section 5-7.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-9) (from Ch. 42, par. 5-9)
Sec. 5-9.
Original assessments - Oath of jury.
When the jury has been selected, the court shall cause the following
oath to be administered to the jury:
"You and each of you do solemnly swear (or affirm) that you will well
and truly ascertain the benefits to be assessed and the just compensation
and damages to be allowed to the owner (and each owner) of property which
is sought to be taken or damaged, and to each person interested therein,
according to the facts in the case as the same may appear by the evidence,
and that you will truly report such benefits, compensation and damages to
the court."
(Source: P.A. 84-886.)
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(70 ILCS 605/5-10) (from Ch. 42, par. 5-10)
Sec. 5-10.
Original assessments-Assessment roll as prima facie evidence.
The assessment roll shall constitute the claim of the commissioners on
behalf of the district against the several tracts of land and other
property and, when offered and admitted into evidence, shall make out a
prima facie case on behalf of the district on all issues as to the amounts
of benefits, damages and compensation. If admitted into evidence, it shall
not be necessary to read the assessment roll to the jury in order for them
to take the assessment roll with them to the jury room when they retire for
their deliberations.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-11) (from Ch. 42, par. 5-11)
Sec. 5-11.
Original assessments-View of land-Organization of jury.
When a request for a view of the land by the jury has been made in
writing by any interested party prior to the commencement of the trial
before the jury, and has not been withdrawn, then the jury shall, in charge
of the bailiff, or other officer of the court, and at such time as the
court may direct, examine the lands and other property to be affected by
the proposed work, and in arriving at their verdict they shall consider
their view of the premises with the other proper evidence in the case.
After the jury has heard the evidence and arguments and been instructed as
to the law, they shall retire, select a foreman and a clerk from their
number, and proceed to deliberate upon their verdict.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-12) (from Ch. 42, par. 5-12)
Sec. 5-12.
Original assessments-Jury's verdict.
The court shall cause to be prepared and shall submit to the jury a form
of verdict, which shall, in all instances, contain the names of the owners,
and the description of the land or other property affected, as set forth in
the assessment roll. When the amount of the benefits (including annual
benefits, if any) assessed and the amount of compensation and damages
allowed, if any, are uncontested as to a particular tract of land or other
property, then the form of verdict may also contain the amount of benefits
(including annual benefits, if any) assessed against and the amount of the
compensation and damages, if any, allowed to, such tract or other property.
When the jury shall have completed their deliberations, their verdict shall
be properly completed and signed by them and filed in the court and, when
so filed, shall be taken and held to be the verdict of the jury upon all
questions of benefits, compensation and damages arising or which might have
arisen in the proceedings.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-13) (from Ch. 42, par. 5-13)
Sec. 5-13.
Original assessments-Order approving roll or confirming verdict.
If no trial by jury is held, the court shall determine whether the
assessments of benefits, compensation and damages and the annual
maintenance assessments, if any, as set forth in the commissioners' roll
should be changed, modified, disallowed or confirmed, as herein set forth.
If the court finds that the assessment of benefits, compensation and
damages and the annual maintenance assessment against each tract of land
and other property, as set forth in the assessment roll, should be
confirmed without modification or change, then the court shall order the
assessment roll confirmed and enter judgment thereon. If the court finds
that the assessment of benefits, compensation or damages or the annual
maintenance assessment should be changed or modified as to any one or more
tracts of land or other property, it shall change or modify the same in
accordance with its findings, confirm the roll as so changed or modified
and enter judgment thereon.
If a trial by jury is held, then the verdict of the jury shall be filed
in the court and the court shall confirm the verdict and enter judgment
thereon. When the verdict is returned to the court, it may be placed in
form by the court in the presence of the jury and the jury may be recalled
at any time after being discharged to correct any errors or omissions
therein. Motions for new trial or in arrest of judgment or for judgment
notwithstanding the verdict may be made, filed and determined within the
time and in the manner provided by the Civil Practice Law.
In its judgment confirming the assessment roll or verdict, the court
shall order the damages allowed to land not taken set off or credited
against the benefits assessed against such land. Payment of compensation
for land taken may be made by the treasurer of the district directly to the
owner of such land or to his legal representative or may be made to the
County Treasurer of the county in which the district was organized, who
shall, on demand, pay the same to the party entitled thereto.
(Source: P.A. 82-783.)
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(70 ILCS 605/5-14) (from Ch. 42, par. 5-14)
Sec. 5-14.
Original assessments - Recording - Certified copies of roll.
Immediately after the entry of judgment, the clerk shall
make out and certify copies of the assessment roll or verdict pertaining
to lands and other property of the district located in each county
encompassed by the district.
The commissioners shall cause the appropriate certified copies to be
filed or recorded in the recorder's office of each county containing lands
or other property of the district. The
clerk shall also make out and certify a copy of the roll or verdict or the
appropriate portions thereof to the district collector or collectors.
The clerk shall include in each certificate the date the judgment was
entered, when and how the assessments are payable and the interest rate.
(Source: P.A. 85-1252.)
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(70 ILCS 605/5-15) (from Ch. 42, par. 5-15)
Sec. 5-15.
Original assessments-Appeals.
The commissioners or any other interested party may appeal as in other
civil cases from a judgment on any assessment in the same time and manner
as is now or may hereafter be provided for taking an appeal from a judgment
on the Collector's application for judgment and order of sale for
delinquent general taxes. Such appeals may be joint or separate. The taking
of an appeal by any one or more persons as to any one or more tracts of
land or property shall not operate to defer the collection of the
assessments confirmed by such judgment on any other tract of land or
property not involved in such appeal, but the collection in such other
cases shall proceed as if no appeal had been taken. When, on any such
appeal, the cause is remanded for a new trial, then the judgment entered
upon such new trial shall make reference to the part of the judgment, if
any, not appealed from, and if any assessment be confirmed, the time of
payment and rate of interest thereon shall correspond, as nearly as
practicable, to the time of payment and interest on the part of the
judgment not appealed from.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/5-16) (from Ch. 42, par. 5-16)
Sec. 5-16.
Additional Assessments.
Whenever the commissioners have been authorized by the court to levy an
additional assessment, and no additional assessment roll was filed with
their petition for such authority, then they shall prepare and file their
additional assessment roll with the clerk of the court and notice thereof
shall be given by the commissioners as hereinbefore specified for
original assessments. The form and contents of additional assessment rolls
and the proceedings thereon shall follow, as nearly as the facts will
permit, the form and contents and the procedure hereinbefore specified for
original assessments.
(Source: P.A. 84-615.)
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(70 ILCS 605/5-17) (from Ch. 42, par. 5-17)
Sec. 5-17.
When original and additional assessments become due;
interest; lien; release.
(a) Original and additional assessments are due and
payable 30 days after the date of the order of the court approving the
assessment roll or confirming the verdict of the jury and, unless otherwise
ordered by the court, shall thereafter draw interest at a rate to be fixed
by the court, which rate shall not exceed the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract or, if a contract has been made for the sale of bonds or other
evidences of indebtedness or tax anticipation warrants, a rate not
exceeding the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract. However, the court may
provide in its order that the assessments shall be payable upon some other
more convenient date or in installments of such amounts and at such times
as will be convenient for the accomplishment of the proposed work or the
payment of bonds that may be issued. Interest on unpaid assessments and
installments may be ordered to become due annually on such date each year
as may be fixed by the court.
(b) The assessment constitutes a lien upon the
lands, lots and railroad property assessed the same as general taxes from
the date of such order until paid.
With respect to each original or additional assessment that is not paid by
the date payment is due, the district treasurer shall file a lien notice in the
office of the recorder of the county. The lien notice shall state the
following:
(1) The name of the district.
(2) The name of the person or persons to whom notice | ||
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(3) A description of the land being assessed.
(4) The date the original or additional assessment | ||
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(5) The amount for which the lien is claimed.
If the district treasurer is a person other than the county treasurer, the
district treasurer shall report to the county treasurer, in the form required
by the county treasurer, each lien notice recorded pursuant to this
subsection (b).
(c) When an assessment against any tract of
land, or an installment thereof, has been fully paid, the treasurer of the
district shall execute a release of the lien of the assessment or
installment so paid, and shall deliver a copy of the release to the owner
of the tract. In those districts which have appointed as their treasurer
persons other than the county treasurer, the treasurer will, when an
assessment against any tract of land or an installment thereof has been
fully paid, record in the recorder's office of the county in which the land
is situated the original release of the lien of the assessment or installment
so paid.
(d) With respect to instruments for the payment of money issued under
this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 87-374; 88-30.)
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(70 ILCS 605/5-18) (from Ch. 42, par. 5-18)
Sec. 5-18.
Alternate method of levying additional assessments for repair
work in districts organized under the Farm Drainage Act.
Whenever the commissioners of any district which, at the time this Act
becomes effective, are operating and existing under the Farm Drainage
Act, determine (a) that it is necessary to repair the drains, levees or
other works of the district, (b) that the proposed work will not involve
the taking or damaging of land or other property in the district, (c) that
sufficient funds are not on hand or otherwise available to perform such
work and that it is necessary to levy an assessment to pay the cost
thereof, (d) that the assessment to be levied against the lands and other
property in the district to pay the cost of such work will not exceed the
amount which would be produced by an assessment of $3.00 an acre upon the
lands and other property in the district subject to assessment, and (e)
that the benefits to be received by the lands and other property in the
district from the proposed work will exceed the amount of the assessment to
be levied against such lands and other property, then the commissioners
may, as an alternate to the method of levying additional assessments
hereinbefore provided, levy such an assessment in the following manner.
The commissioners shall file their certificate of levy and their
additional assessment roll with the clerk of the district, together with a
report on the condition of the drainage system of the district and a
current financial report. The assessment roll shall be prepared in the
manner and form prescribed by Section 5-3 insofar as the same may be
applicable and when filed shall be recorded in the drainage record. The
report on the condition of the drainage system shall include (a) a
description of the drainage system of the district and of the condition
thereof, (b) a description of the repair work on the system proposed to be
performed, (c) such engineer's reports, plans profiles or specifications as
may be necessary or appropriate, (d) an itemized estimate of the cost of
such work, including all incidental expenses, and (e) the number of acres
of land and other property in the district subject to assessment. The
current financial report shall be prepared in the manner and form
prescribed by Section 4-32 and shall cover the period elapsed since the
closing date of the last preceding financial report.
Upon the filing of the certificate, the assessment roll and the reports,
the assessments shall be a lien upon the lands and other property in the
district until paid. The assessments shall be payable 30 days after the
filing of the roll and shall draw interest at a rate which shall not
exceed that permitted in "An Act to authorize public corporations to issue
bonds, other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein", approved May 26,
1970, as amended. Certified copies of the
assessment roll, or portions thereof, shall be prepared, delivered and
recorded in the manner prescribed by Section 5-14. The assessments so
levied shall be collected as hereinafter provided in Section 5-23.
Assessments levied under this section against lands, lots, railroad
rights-of-way and other privately owned property may, if they become
delinquent, be enforced in the manner provided by Sections 5-24, 5-25 and
5-26. On a collector's application for judgment for assessments levied
under this section which have become delinquent a landowner shall have the
right to interpose any defenses affecting the validity of the assessment,
including the defense that the assessment against his lands exceeds the
benefits or exceeds the just proportion of the benefits. Assessments so
levied against highway authorities for benefits to public highways, against
cities and villages for benefits to streets and alleys or other municipally
owned property, and against other municipal corporations or quasi municipal
corporations for benefits to property belonging to or under the control of
such corporations, may, if they become delinquent, be enforced by an
appropriate action at law.
The commissioners shall not anticipate or borrow against any assessment
levied in the manner provided in this section.
(Source: P.A. 84-886.)
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(70 ILCS 605/5-19) (from Ch. 42, par. 5-19)
Sec. 5-19.
Annual
maintenance assessments-Establishment.
Whenever the commissioners have been authorized by the court to levy or
to increase an annual maintenance assessment, and no annual maintenance
assessment roll was filed with the petition of the commissioners for such
authorization, then the commissioners shall prepare and file their annual
maintenance assessment roll with the clerk of the court and notice thereof
shall be given as hereinbefore specified for original assessments. The form
and contents of annual maintenance assessment rolls and the proceedings
thereon shall follow, as nearly as the facts will permit, the form,
contents and the procedure hereinbefore specified for original assessments.
Certified copies of the assessment roll, or portions thereof, shall be
prepared, delivered and recorded in the manner prescribed by Section 5-14.
When an annual maintenance assessment roll, or the verdict of the jury
thereon, has been confirmed, the clerk shall, except in the case of those
districts which have appointed as their collectors persons other than the
county collector, make a certified copy thereof and deliver the same to the
county clerk; provided, however, if the district is situated in more than
one county, then, in that case, the clerk shall make separate certified
copies of those portions of the roll or verdict which pertain to lands
situated in each of the counties, and deliver the same to the county clerks
of such respective counties. When confirmed, the annual maintenance
assessment roll or the verdict of the jury thereon shall continue as an
annual charge against the lands and other property included therein until
increased, reduced, appealed or otherwise changed or a new annual
maintenance assessment levied in lieu thereof, as provided in this Act.
(Source: Laws 1965, p. 678.)
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(70 ILCS 605/5-20) (from Ch. 42, par. 5-20)
Sec. 5-20.
Annual maintenance assessments - Certificate of levy - Extension
of assessment.
During the month of November in each year, the commissioners of each
district in which an annual maintenance assessment roll has been approved
or confirmed shall determine whether it is necessary to collect all or any
portion of the annual maintenance assessment for repair and maintenance
work or the operation of pumping plants during the ensuing calendar year.
If they determine that it is necessary to collect all or a portion of such
assessment, then they shall, before the first of December, file with the
clerk of the circuit court of the county in which the district was
organized a certificate of levy, setting forth the amount of money needed
by them for the performance of such work during the ensuing year which
amount shall in no event exceed the total of the annual maintenance
assessment roll as confirmed by the court and, if the amount so levied be
less than the total amount which they are authorized to levy, then the
percentage which the amount so levied bears to the total amount authorized,
which certificate may be in the following form:
CERTIFICATE OF LEVY OF ANNUAL
MAINTENANCE ASSESSMENT
To ...., Clerk of the Circuit Court:
The undersigned commissioners of .... Drainage District do hereby
certify that they require the sum of .... Dollars, to be levied as an
annual maintenance assessment upon the lands and other property and other
districts and municipal corporations subject to assessment by the district.
Such sum is to be used for the performance of annual maintenance work (and
pumping plant operation) during the ensuing calendar year and represents
....% of the total amount of the annual maintenance assessment authorized
to be levied by the Circuit Court of this county by its order duly given or
made on (insert date).
Dated (insert date).
........................
........................
........................
Commissioners.
The owner of any land or other property which is subject to an annual
maintenance assessment may object to the amount levied by the commissioners
in any year by filing written objections with the court on or before the
10th day of December following the filing of the certificate of levy. Upon
the filing of the objections they shall be presented to the court, which
shall fix the date and hour for hearing. The objecting landowner or
landowners shall give each of the commissioners at least 3 days notice of
the hearing by personal service or by mail which notice shall have attached
thereto a copy of the objections filed. The objections shall be heard and
determined by the court prior to the 20th day of December. Upon such
hearing the court may confirm the levy without change or reduce the levy
and confirm the same as so reduced. No appeal shall lie from the order of
the court but the objectors shall not be precluded from raising the same
objections on the Collector's application for judgment and order of sale
for delinquent annual maintenance assessments. If no objections are filed
by the 10th day of December or if the court fails to hear and determine the
filed objections by the 20th day of December then the certificate of levy
shall stand as confirmed without further action by the court.
If the amount levied in any year is less than the total amount of the
annual maintenance assessment roll, then the individual assessments shall
abate proportionately. Upon the confirmation of the levy, whether by order
of the court or by the failure of any landowner to file written objections
or by the failure of the court to determine objections, the clerk of the
circuit court shall, except in the case of those districts which have
appointed as their collectors persons other than the county collector,
deliver a certified copy of the certificate of levy, together with a
certified copy of the order of the court, if any, thereon, to the county
clerk, who shall extend the same on the county collector's books in
appropriate columns, and the amounts so extended shall be collected at the
same time and in the same manner as general taxes and, when so collected,
shall be paid over to the district treasurer in the same manner as taxes of
municipal corporations. When the district is situated in more than one
county, the clerk of the circuit court of the county in which the district
is organized shall deliver to the county clerk of each of such counties a
certified copy of the certificate of levy, together with a certified copy
of the order of the court, if any thereon, and the county clerks of such
counties shall extend the levy against the portion of the lands and
property in the district in his county on the collector's books in his
office, as above set forth, and the collection and distribution thereof in
that county shall be accomplished in the same manner as in districts
situated in a single county. In extending annual maintenance assessments in
the county collector's books, when the tracts described in the assessment
roll do not coincide with the tracts described in the collector's books but
the description in the collector's books includes the description on the
assessment roll, then the clerk may include the assessment against the
smaller tract with the taxes against the larger tract, but such authority
shall be procedural only and shall not be construed to extend the lien of
the assessment against the larger tract or upon any land or property other
than that against which the assessment was actually confirmed. When the
tract described in the assessment roll is larger than the tract described
in the collector's book, then the assessment against such tract shall
be divided in the collector's books proportionately.
In those districts which have appointed as their collectors persons
other than the county collector, the clerk shall certify a copy of the
certificate of levy and the order of the court, if any, to the district
collector, who shall then be charged with the duty of billing and
collecting the annual maintenance assessment so levied as in the case of
original and additional assessments.
In all cases, it shall be the duty of the district collector to collect
assessments against other districts and municipal corporations and against
property not appearing in the county collector's books.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 605/5-20.1) (from Ch. 42, par. 5-20.1)
Sec. 5-20.1.
In districts where the county collector collects all drainage
assessments provided for by this Act, it shall be the duty of the drainage
district commissioners to cause an examination of county general tax records
at least once each year to ascertain any changes in ownership of land within
the district.
Any assessment roll or certificate of levy of annual maintenance assessment
filed pursuant to this Act shall be accompanied by an affidavit of the commissioners
stating that the search required by this Section has been made during the
preceding year and that information in the assessment roll as to tract descriptions
and names and addresses of land owners or persons who last paid general
taxes on lands coincides with information shown in the county general tax records.
(Source: P.A. 85-489.)
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(70 ILCS 605/5-21) (from Ch. 42, par. 5-21)
Sec. 5-21.
Annual
maintenance assessments-Lien-When assessments become due.
Annual maintenance assessments are due and payable and are a lien upon
the land and other property included in the annual maintenance assessment
roll upon the first day of January next succeeding the confirmation of the
levy, whether by order of the court or by failure of any landowner to file
written objections or by the failure of the court to determine the
objections, and all persons are charged with notice thereof. Such lien
shall continue until the assessment is paid, and when so paid the
collector, if requested, shall deliver to the person or persons paying the
assessment a release of the lien of the assessment. One-half of the annual
maintenance assessment shall become delinquent, if unpaid, on the first day
of the following June, and the remaining half shall become delinquent, if
unpaid, on the first day of the following September. Delinquent annual
maintenance assessments, or portions thereof, shall draw interest at the
rate of one-half of one per cent per calendar month or fraction thereof,
from the date of delinquency until paid.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-22) (from Ch. 42, par. 5-22)
Sec. 5-22.
Assessments on omitted lands and curing defects in prior assessments.
When it appears to the commissioners that by reason of omission,
mistake, irregularity or improper or insufficient notice or for any other
reason not affecting the merits of the assessment, land or other property
in the district subject to an assessment has been omitted from an
assessment roll, or an assessment has been annulled or held not legally
made or is invalid as to one or more tracts of land or other property
situated in the district, then the commissioners may petition the court
praying that the defects be cured and that an assessment be levied against
such lands. The petition shall describe the land or other property sought
to be assessed, state the amount of the benefits, if any, assessed against
such land or other property, and recite the omission, mistake, irregularity
or defect which annulled or invalidated the assessment. Upon the filing of
the petition, notice shall be given to the owners of the land or other
property sought to be assessed and proceedings had thereon as in other
assessment proceedings under this Act. Any such owner may demand that the
issues be tried before a jury as provided in this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-23) (from Ch. 42, par. 5-23)
Sec. 5-23.
Collection of original and additional assessments-Notice.
The collector of any drainage district, upon receiving a certified copy
of the original or any additional assessment roll, shall collect promptly
all assessments, installments and interest as the same become due and
payable. Before any such assessment, installment or interest becomes due
and payable, the collector shall mail to the owner of the property, when
known, and, if not known, then to the person in whose name the property is
assessed as shown by the assessment roll, a statement containing a brief
description of the property assessed, the amount of any assessment,
installment and interest to be collected, the date when such assessment,
installment and interest are due and payable, and the person to whom and
the place where such assessment, installment and interest are payable.
Assessments, installments and interest may be collected and the collection
thereof enforced in any manner provided by law, even though such statement
is not mailed or received. As the assessments are collected, the collector
shall pay the same over to the treasurer of the district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-24) (from Ch. 42, par. 5-24)
Sec. 5-24.
Delinquent assessments-Report to county collectors.
Any original or additional assessment, installment, or interest on
assessments or installments not paid on or before the date on which the
same becomes due shall be deemed delinquent. The district collector or
collectors on or before the 8th day of September in each year, shall
make out a report of (a) any original or additional assessments, (b) any
installments of assessments, (c) any annual maintenance assessments and
(d) any interest on any assessment against privately owned land or other
property, which were not paid when due and have become and remain
delinquent and certify the same to the County Collector of the county in
which such land or other property is situated.
The County Collector to whom such a report is made shall make return
of such delinquencies to the Circuit Court with his return
of delinquent general taxes, and proceedings shall be had and notice
given with like force and effect as in the collection of delinquent
general taxes.
Notwithstanding the report of delinquent assessments to the County
Collector or the return thereof by the County Collector to the court,
both the district collector and the County Collector are authorized to
receive payment of any such delinquent assessments, together with
interest, penalties and costs, and may give receipts for the same. The
district collector shall keep a memorandum of all such payments received
by him, and, on or before the day fixed by the court for the sale of
such lands, lots and railroads, he shall present such memorandum to the
County Collector, who shall thereupon remove the property from the list
of lands to be sold and show such payment upon his books.
At the sale for delinquent assessments, the commissioners may become
purchasers, or they may designate some person to attend the sale and bid
on the delinquent property as agent for and on behalf of the district.
The commissioners may accept a deed from the owner of any real estate
upon which an assessment is delinquent.
(Source: P.A. 80-553.)
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(70 ILCS 605/5-25) (from Ch. 42, par. 5-25)
Sec. 5-25.
Foreclosure of assessments-Acceleration.)
When any original or additional assessment, any installment of any
assessment, or any annual maintenance assessment or any interest on any
assessment is delinquent and the land or other property against which such
assessment was levied has been forfeited to the State upon failure to sell
at the County Collector's sale for the nonpayment thereof, the
commissioners, in the name of the district, may file a complaint in the
Circuit Court of the County in which such land is situated for the
foreclosure of the lien of any such unpaid assessment, installment, annual
maintenance assessment or interest in like manner and with like effect as
in the foreclosure of a mortgage. All owners and parties interested in the
lands involved and parties in possession thereof shall be made parties
defendant and shall be served with process by summons or by publication in
the manner and form provided by law for the service of defendants in the
foreclosure of mortgages. No irregularity in the County Collector's
proceeding for judgment and sale shall affect the district's right to
proceed with such foreclosure.
When the basis for a foreclosure has accrued, as above provided, then
the commissioners may include in such foreclosure all assessments,
installments, interest and annual maintenance assessments which have become
due prior to the filing of such foreclosure suit. If they deem it
advisable, the commissioners of the district may also accelerate the due
date of all unpaid original and additional assessments and installments
levied by such district after the effective date of this Act against the
lands involved in such foreclosure, and may include in such foreclosure
proceedings all such accelerated unpaid assessments and installments levied
against the land involved. If there has been no such acceleration by the
commissioners, any foreclosure shall be subject to all assessments,
installments and interest thereon becoming due after the commencement of
such foreclosure proceedings. All such foreclosures shall be subject to all
annual maintenance assessments which become due after the commencement of
such foreclosure proceedings.
Any judgment rendered in any such foreclosure proceedings may be enforced
as other judgments in such court but any sale made under such judgment
shall be made by the County Collector or by some other officer
having authority to receive state and county taxes designated by the court
in such judgment. The commissioners, on behalf of the district, may be the
purchasers at any such foreclosure sale. The right of redemption from any
sale under any such judgment shall exist in favor of owners and persons
interested in such real estate for a period of 2 years from the date of the
sale. After the sale of any such lands under any foreclosure order, notice
shall be given by the purchaser at such sale, or his assigns, to all
parties defendant in such suit and to all owners and parties interested in
such land (including all occupants of said land, or any part thereof) at
the time of giving such notice, of the fact of the sale of said lands for
such unpaid assessments, the date the sale was held, the amount of such
sale, and the time when the period of redemption will expire. Such notice
shall be given not more than one year nor less than 3 months before the
expiration of the time of redemption. Such notice shall be sent by
registered mail to all such parties at their respective places of residence
if the same can be ascertained upon diligent inquiry, except that all
occupants of said lands shall be personally served with such notice. If any
owner or party interested is unknown, or if, upon diligent inquiry, the
place of residence of any such party cannot be ascertained, then such
notice shall be given by one publication in some newspaper published in
such county or, if no newspaper is published in such county, then by
publication in some newspaper published in another county but having
general circulation in such county. Proof of the giving of such notice
shall be made to the court in which the suit is pending, and no deed shall
be issued until such proof is made and approved by the court.
If there is no redemption from such sale within 2 years from the time of
such sale and proper proof is made of the giving of notice as hereinabove
provided, then the court shall order the issuance of a deed which shall
vest in the grantee all the right, title and interest in said lands of all
parties defendant in such suit and of all their privies in title and
interest.
If a notice as above provided is not given within the time above
provided, or if the notice given is defective or insufficient, then the
court may, upon proper application, order the giving of another notice and
shall extend the time for redemption to a date certain, not less than 3 nor
more than 5 months following the entry of such order, so that proper notice
may be given.
The remedy provided by this section for the collection of unpaid
assessments shall not be construed to abridge or interfere with the right
to enforce the collection of any unpaid or delinquent assessments in the
manner provided by the revenue laws of this State or of other provisions of
this Act, but the remedy herein provided shall be taken and held as an
additional remedy.
(Source: P.A. 79-1360.)
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(70 ILCS 605/5-26) (from Ch. 42, par. 5-26)
Sec. 5-26.
Receivers.) The court in which a foreclosure suit is pending
may, upon motion of
the commissioners and without bond, appoint a receiver of the rents,
issues and profits of any land or other property which is the subject
matter of such suit. The circuit court may also, upon
complaint of the commissioners and without bond, appoint such a
receiver, even though no foreclosure suit is pending, when any original
or additional assessment, any installment of assessment, any annual
maintenance assessment or any interest on any assessment is delinquent
and the land or other property against which such assessment was levied
has been forfeited to the State upon failure to sell at the Collector's
sale for the non-payment thereof. If the receiver so appointed is a
commissioner or other officer of the district and such commissioner or
other officer has given bond for the faithful performance of his
official duties as such commissioner or officer and that bond is, in the
opinion of the court, adequate to protect the interests of the parties,
then the official bond of such commissioner or other officer shall stand
as his bond for the faithful performance of his duties as receiver. Any
receiver so appointed may be authorized by the court to pay, out of the
rents, issues and profits collected by him, any necessary expenses in
connection with the operation of the property, including receiver's fees
and expenses incurred in the administration of the receivership, general
taxes and other special assessments. The receiver shall apply the net
income from the property to the payment of the delinquent assessments or
installments upon such forfeited property, together with any assessments
or installments subsequently falling due and all interest, and when the
same, including all penalties and costs thereof, have been fully
satisfied, whether out of the income collected by the receiver or
otherwise, and the receiver has been discharged, the action shall abate
and the owner shall be restored to possession. The remedy provided by
this section shall be held and taken as cumulative and shall not be
construed to abridge or interfere with the right to enforce collection
of any unpaid or delinquent assessment in any manner otherwise provided
by law.
(Source: P.A. 79-1360.)
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(70 ILCS 605/5-27) (from Ch. 42, par. 5-27)
Sec. 5-27.
Rebate of assessments illegally levied and collected.
When an assessment or a portion of an assessment has been illegally
levied and has been collected and no lien has attached to the funds so
collected, the commissioners may use those funds, or any part thereof, for
the purposes for which the assessment was levied, or they may petition the
court in which the assessment was levied for authority to rebate the
balance of such funds remaining after the payment of the costs and expenses
incident to the levy of the assessment and the collection of the assessment
and the rebate thereof. Upon the filing of the petition it shall be
presented to the court and set for hearing. The clerk of the court shall
give notice of the hearing in substantially the form provided in Section
4-21 and in the manner and for the length of time provided in Section 4-22.
Any person interested may appear at the hearing and show cause why a
rebate should or should not be made. The court may, upon the conclusion of
the hearing, order the commissioners to rebate such balance or a portion
thereof or order the commissioners to retain the same, or a portion
thereof, to be used for the purposes for which the assessment was levied or
for the general purposes of the district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-28) (from Ch. 42, par. 5-28)
Sec. 5-28.
Rebate
and abatement of excess assessments-Commissioners' petition.
When the individual assessments have been completely paid and the
purposes for which the assessment was levied have been accomplished and the
funds remaining on hand from the assessment exceed the amount necessary to
accomplish those purposes, then the commissioners may either retain such
excess and use it for the general purposes of the district or they may
petition the court for authority to rebate such excess or a portion
thereof. When some of the individual assessments have been completely paid
and others are unpaid or only partially paid, but the purposes for which
the assessment was levied have been accomplished and the assessment exceeds
the amount necessary to accomplish those purposes, then the commissioners
may either retain such excess and use it for the general purposes of the
district or they may petition the court for authority to rebate and abate
such excess, or a portion thereof. Any such petition to rebate, or to
rebate and abate, such excess, or a portion thereof, under this Section
shall be verified by the commissioners and shall set forth (a) the amount
of the assessment levied, (b) the amount collected, (c) the amount
delinquent, if any, (d) the amount of the assessment which is not yet due
and remains unpaid, if any, (e) the amount expended, (f) the amount of any
indebtedness of the district which arose out of such assessment, (g) the
amount of any other indebtedness of the district, (h) whether any funds are
otherwise available for the payment of such indebtedness, (i) the amount
which, in the opinion of the commissioners, should be rebated, or rebated
and abated, and (j) the amount which should be retained for the general
purposes of the district. Upon the petition being filed, it shall be
presented to the court and the court shall set a time and place for
hearing. The clerk of the court shall give notice of the hearing in
substantially the form provided in Section 4-21, and in the manner and for
the length of time provided in Section 4-22. Any person interested may
appear at the hearing and show cause why the prayer of the petition should
or should not be granted. If the court finds from the evidence that the
remaining uncollected balance of the assessment, if any, and the funds on
hand or otherwise available are in excess of the outstanding indebtedness,
of the district and that no obligation of any contract will be impaired,
the court may order the rebate, or the rebate and abatement, of that
portion of the assessment not required for the general purposes of the
district, provided that no assessment or installment against which there is
a valid lien shall be abated without the consent of the holder or holders
of such lien.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-29) (from Ch. 42, par. 5-29)
Sec. 5-29.
Rebate and abatement of excess assessment - Landowners' petition.
When any landowner has requested the commissioners to initiate
proceedings to rebate, or to rebate and abate, a portion of an assessment
under Section 5-28 and the commissioners have failed or refused to
initiate such proceedings then the court may, if petitioned to do so by at
least 10 per cent of the adult landowners in the district, order the
rebate, or rebate and abatement, of that portion of the assessment not
required for the general purposes of the district.
When a landowners' petition seeking the rebate, or rebate and abatement,
of the excess or a portion of the excess of an assessment has been filed
with the clerk of the court the petition shall be presented to the court
and set for hearing by the court. Notice of the filing of the petition and
the hearing thereon shall be given by the clerk of the court to the
commissioners in the manner and for the length of time directed by the
court. Notice shall also be given by the clerk of the court to the other
landowners in the district in substantially the form provided in Section
4-21, and in the manner and for the length of time provided in Section 4-22.
Any person interested may appear at the hearing and show cause why the
prayer of the petition should or should not be granted. If the court finds
from the evidence that the remaining uncollected balance of the assessment,
if any, and the funds on hand or otherwise available are in excess of the
outstanding indebtedness of the district and that no obligation of any
contract will be impaired, the court may order the rebate, or rebate and
abatement, of that portion of the assessment not required for the general
purposes of the district, provided that no assessment or installment
against which there is a valid lien shall be abated without the consent of
the holder or holders of such lien.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/5-30) (from Ch. 42, par. 5-30)
Sec. 5-30.
Roll of
rebated, or rebated and abated assessments.
When an assessment or a portion of an assessment is ordered rebated and
abated then the individual assessments which have been paid, or partially
paid, shall be reduced in the same proportions as the unpaid assessments so
that no inequity will result from the payment or prepayment of an
assessment or an installment of an assessment. The persons who, on the date
of the filing of the petition, owned the land or other property with
respect to which rebates are payable are the persons entitled to receive
such rebates. When an assessment against a tract of land or other property
is reduced, and that assessment has been fully paid, the owner is entitled
to a rebate of the amount by which the assessment against his land is
reduced. When such an assessment is so reduced and the assessment has been
partially paid and such partial payment exceeds the assessment as reduced,
the owner is entitled to a rebate of the amount by which such partial
payment exceeds the assessment as reduced and the unpaid balance of the
assessment shall be abated. When such an assessment is so reduced and the
assessment is unpaid, or the assessment has been partially paid but such
partial payment does not exceed the assessment as reduced, the owner is not
entitled to any rebate but his assessment shall abate in the amount by
which it is reduced.
The roll of rebated, or rebated and abated, assessments shall set forth,
as to each tract of land or other property, (a) the name of the owner on
the date of the filing of the petition, (b) a description of each tract or
other property, (c) the amount of the assessment as originally levied, (d)
the amount of the assessment paid, (e) the amount of any interest or
penalty paid, (f) the amount proposed to be rebated, if any, (g) the amount
proposed to be abated, if any, (h) the amount remaining to be collected, if
any.
A petition to rebate, or to rebate and abate, an assessment, or a
portion of an assessment, under the provisions of Section 5-27 or 5-28
may be accompanied by a roll of rebated, or rebated and abated, assessments
and, if the petition is so accompanied by such a roll, the court shall hear
any issues arising on the roll at the time of the hearing on the petition.
If the petition is not accompanied by such a roll, or if the petition
was filed under Section 5-29, 10-1 or 10-2, then the court at the time
of ordering the rebate, or the rebate and abatement, of the assessment or a
portion thereof shall continue the proceeding to a day certain for the
filing of the roll. If the commissioners have not filed their roll before
the day to which the proceeding was continued, then successive continuances
may be granted. After the roll has been filed, the court, on the day to
which the proceeding was continued, shall fix the date and hour for the
hearing on the roll and no further notice need be given.
The hearing on the roll shall be by the court without a jury; except
that where only a portion of the work has been abandoned under the
provisions of Section 10-2, then any party may have a trial by jury on the
roll of rebated and abated assessments if a demand for a jury is made at or
before the time the court fixed the date and hour for hearing on the roll.
At the hearing any person interested may appear and object. At the
conclusion of the hearing, if heard without a jury, the court may confirm
the roll without change, modify the roll and confirm the roll as modified
or enter such other order as may appear proper under the evidence. If the
roll is heard by a jury, then the verdict of the jury shall be confirmed by
the court. Motions for new trials or in arrest of judgment or for judgment
notwithstanding the verdict may be made, filed and determined within the
time and in the manner provided in other actions under the Civil Practice
Law.
When the order confirming a roll of rebated, or rebated and abated,
assessments has become final, the treasurer of the district shall pay over
to the persons named in the roll the amount of the rebates to which they
are entitled, as disclosed by the roll, and when so paid, no liability
shall attach to the district, the commissioners or the treasurer by reason
of the fact that the persons receiving such payments were not in fact the
owners of the land on the date of the filing of the petition. If the name
or the whereabouts of the owner of any tract is unknown or if the owner is
under legal disability and has no legal representative, then the district
treasurer may, upon order of the court, deposit the amount of the rebate
due such owner with the County Treasurer of the county in which the
district was organized, and the liability of the district, the
commissioners and the treasurer to make such payment shall thereupon cease.
The County Treasurer shall, upon demand, pay the same to the party entitled
thereto, taking his receipt therefor.
Upon the confirmation of a roll of rebated and abated assessments, the
lands and other properties shall be released of the lien of the assessment
to the extent by which the individual assessments were reduced.
(Source: P.A. 82-783.)
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(70 ILCS 605/5-31) (from Ch. 42, par. 5-31)
Sec. 5-31.
Division of Assessment when Ownership is Divided.
If, at any time, the ownership of any tract of land is divided in a
manner other than that described in any assessment roll and such
assessment, or a portion thereof, is unpaid, the landowners may agree upon
the division of the assessment or the unpaid portion thereof between or
among them and request the division of the assessment on the district
collector's books. If the request for division of the assessment is
approved by the commissioners, they shall adopt a resolution granting the
request and file the same with the Clerk, who shall record it in the
drainage record. The district collector, upon receipt of a certified copy
of the resolution, shall make a division of the assessment or the unpaid
portion thereof on his books to correspond with the agreement of the
landowners, and such divided assessment shall thereafter be enforceable
only against the separate tracts according to the method of division.
Annual maintenance assessments may be divided between or among several
owners in the same manner as is hereinabove provided for other assessments.
In the absence of such agreement, the district collector shall divide the
assessment, or the unpaid portion thereof, on his books to correspond to
the ratio of the assessed land area held by each owner after division of
such tract to the total original assessed land area of the tract.
(Source: P.A. 86-297.)
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(70 ILCS 605/Art. VI heading) ARTICLE VI.
LETTING CONTRACTS, INDEBTEDNESS, BORROWING AND HANDLING FUNDS
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(70 ILCS 605/6-1) (from Ch. 42, par. 6-1)
Sec. 6-1.
Advertising for Bids on Construction Work and Purchases.
Whenever the cost of any work to be performed by the district or the
cost of any machinery, equipment, materials or supplies to be purchased
by the district will exceed $20,000, the commissioners shall advertise
for sealed bids for the performance of such work or the furnishing of
such machinery, equipment, materials or supplies by publishing a notice
in a newspaper published or having general circulation in the county in
which the district was organized not less than once each week for 3
successive weeks. The first such publication shall be made not less than
17 days prior to the date set for opening the bids. The notice shall
particularly set out the time when and the place where the bids will be
opened, the nature of the work to be performed or the machinery,
equipment, materials or supplies to be purchased and the terms of
payment. The commissioners may reject any and all bids, may waive any
informality in bids received and may continue the letting from time to
time. The commissioners may accept any bid they deem most favorable, but
if the bid accepted is not the lowest bid, they shall enter in their
minutes their reason for not accepting the lower bid or bids. If any
person to whom a contract has been let after notice as herein required
fails to perform his contract, the same may be relet in such a manner as
the commissioners deem best, with or without advertisement for bids.
The provisions of this Section, however, shall not apply to the
contracting, letting or doing of any repair or maintenance work the cost
of which will be payable from the annual maintenance fund of the
district.
(Source: P.A. 96-536, eff. 8-14-09.)
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(70 ILCS 605/6-2) (from Ch. 42, par. 6-2)
Sec. 6-2.
Emergency
work-Waiver of requirement for bids.
The provisions of Section 6-1 shall not apply to the performance of
work by the district in the protection, operation or repair of its levees,
pumping plants or drainage system during times of flood or other emergency.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-3) (from Ch. 42, par. 6-3)
Sec. 6-3.
Interest
of commissioner in contracts forbidden.
No commissioner shall be interested, directly or indirectly, in any
contract for the performance of any work by the district, whether original,
additional, repair or maintenance, for the purchase or rental of any
machinery or equipment by the district, or for the purchase of any
materials or supplies by the district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-4) (from Ch. 42, par. 6-4)
Sec. 6-4.
Contracts
with highway authorities or railroads for construction, maintenance and use
of levees.
The commissioners may contract with highway authorities or with any
person, firm or corporation operating a railroad, to construct or maintain
a levee or levees, or any portion thereof, upon such terms as may be for
the best interests of the district, and may grant to such highway
authorities or such person, firm or corporation operating a railroad the
right to construct, operate and maintain a highway or railroad upon, along
or across such levee or levees. The commissioners may also contract with
highway authorities or with any person, firm or corporation operating a
railroad to use any embankment, or any part thereof, constructed by such
highway authority or by such person, firm or corporation as a district
levee or as a part of the levee system of the district. Any such contract
shall be subject to approval by the court, after hearing, either without
notice or upon such notice as the court may direct.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-4.1) (from Ch. 42, par. 6-4.1)
Sec. 6-4.1.
Bikeways and trails.
A district may use its established
funds, personnel, and other resources to acquire, construct, operate, and
maintain bikeways and trails. Districts may cooperate with other
governmental and private agencies in bikeway and trail programs.
(Source: P.A. 87-985.)
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(70 ILCS 605/6-5) (from Ch. 42, par. 6-5)
Sec. 6-5.
Power to
incur indebtedness.
The commissioners may incur indebtedness in excess of uncollected
assessments and funds on hand or otherwise available only for: (a) the
current expenses of the district, including the fees of its officers,
engineers and attorneys, court costs and incidental administrative
expenses; (b) the completion of work previously approved by the court in
accordance with approved plans when the funds originally provided for such
work, whether by assessment or otherwise, are found by the commissioners to
be insufficient; and (c) the performance of work by the district in the
protection, operation or repair of its levees, pumping plants or drainage
system during times of flood or other emergency.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-6) (from Ch. 42, par. 6-6)
Sec. 6-6.
Bonds and
notes-Interest-Lien.
The commissioners may, without court approval, borrow money to an amount
not exceeding 90% of the amount of assessments, or one or more installments
of assessments, unpaid at the time of the borrowing, for the performance of
any work, whether original, additional, repair or maintenance, which they
may be authorized to perform, or for the payment of any indebtedness they
may have lawfully incurred, or for any other lawful purpose. They may
evidence the same by notes or bonds in registered form bearing interest at
a rate not to exceed the rate of interest payable on the assessment, and
not running beyond one year after the date that the assessment or last
installment of the assessment against which the money is borrowed will fall
due. Such notes or bonds shall not be held to make the commissioners
personally liable for the money borrowed, but shall constitute a lien upon
such assessments or installments of assessments (and all interest becoming
due thereon) for the repayment of the principal and interest thereof.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-7) (from Ch. 42, par. 6-7)
Sec. 6-7.
Borrowing
in excess of 90% of unpaid assessments.
The commissioners for good cause shown may borrow money in an amount
exceeding 90% of any unpaid assessments or installments of assessments for
the purposes set forth in Section 6-6. Before so borrowing, the
commissioners shall petition the court for such authority. Upon its filing,
the petition shall be presented to the court, which shall fix the date and
hour for hearing. Notice of the hearing shall be given substantially in the
form, for the length of time and in the manner provided in Sections 4-21
and 4-22, except that when notice is given by publication, no notice by
mailing shall be required. If, upon such hearing, the court finds that such
borrowing will be for the best interests of the district, it shall grant
the prayer of the petition.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-8) (from Ch. 42, par. 6-8)
Sec. 6-8.
Notes and
bonds-Resolution-Register-Calling prior to maturity.
The commissioners shall, by proper resolution, determine the form of the
notes or bonds to be issued, together with the date, amount, rate of
interest and maturity of the same, and shall designate the assessments or
installments of assessments against which the same are to be a lien. A copy
of the resolution shall be filed with the clerk and recorded in the
drainage record. The treasurer shall keep a register of the bonds and notes
of the district, which register shall show the names and addresses of the
registered holders, the serial numbers, amounts, rate of interest, date of
issue, maturity dates, where the bonds or notes are payable, the amount
received by the district for each bond or note and the assessment or
installment against which the bond is a lien. The note and bond register
shall at all reasonable times be available for inspection by any person
interested.
Any note or bond issued by a district after the effective date of this
Act shall be subject to call prior to maturity whenever there are
sufficient funds on hand in the bond fund to call one or more of such notes
or bonds and to meet all payments of principal and interest due or to
become due within the next 12 month period. Whenever the commissioners
determine that sufficient funds are on hand in the bond fund, they shall by
appropriate resolution also determine the number of the notes or bonds to
be called and direct the treasurer to call such notes or bonds. If the
number to be called is less than all of the notes or bonds outstanding
against such fund, then the treasurer shall determine by lot the serial
number of the notes or bonds to be called. The treasurer shall give the
registered holder of each such note or bond being called notice by
registered mail sent to the address shown on the note and bond register and
by publishing a notice thereof in a newspaper of general circulation
published in the county in which the district was organized. If no
newspaper of general circulation is published in that county, then the
notice shall be published in a newspaper having general publication in that
county. The notice to be so mailed and published shall specify the issue
and maturity dates of the notes or bonds called, the serial numbers of the
notes or bonds called, the assessment or installments of assessment against
which the notes or bonds are a lien, the date upon which the interest
thereon will cease, which date shall be not less than 30 days after the
publication and mailing of the notice and shall request that such notes or
bonds be presented for payment and cancellation. If notice is given as
hereinabove set forth, then such notes or bonds shall cease to bear
interest after the date fixed in said notice. Each note or bond issued by a
district shall contain a statement that it is subject to call prior to
maturity as provided by this section, but the failure of any note or bond
to contain such a statement shall not deprive the district of its right to
call such note or bond prior to maturity as hereinabove provided.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-9) (from Ch. 42, par. 6-9)
Sec. 6-9.
Borrowing against annual maintenance assessment.
Whenever an annual maintenance assessment has been confirmed in a
district and there are not sufficient funds on hand to perform maintenance
work, to operate a pumping plant, or for any other purpose for which annual
maintenance funds may be expended, the commissioners may, at any time after
they have made and filed their annual certificate of levy, borrow money
against the annual maintenance assessment for which such certificate of
levy has been filed, to an amount not exceeding 75% of such levy, and may
evidence the same by notes of the district bearing interest at a rate not
exceeding that permitted in "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein", approved May 26,
1970, as amended and not running beyond one year from the date of
issue. Such notes shall not be held to make the commissioners personally
liable, but shall constitute a lien against such annual maintenance
assessment.
(Source: P.A. 84-886.)
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(70 ILCS 605/6-10) (from Ch. 42, par. 6-10)
Sec. 6-10.
Extending payment of assessments-Refunding bonds.
The time of payment of any assessment or any installment thereof may be
extended, in whole or in part, whether due or not due, and any notes or
bonds of the district, or any part thereof, issued in anticipation of the
collection of any original or additional assessment or installment thereof,
may be refunded. Notes or bonds not due may be refunded only by agreement
with the holders, provided that no holder shall receive an amount in excess
of the par value thereof, together with accrued interest.
In the event that less than all of the notes or bonds are refunded, the
due date of a like proportion of the assessment or installment against
which the notes or bonds are a lien shall be extended. Assessments or
installments, or any part thereof, may be divided into a greater or less
number of installments than was originally provided, but the time of
payment of any assessment or installment, or any part thereof, shall not be
extended beyond 40 years from the date of the order providing for such
extension.
The commissioners may on their own motion, and shall upon receiving a
petition signed by the owners of land whose unpaid assessments against
which such notes or bonds are a lien equal to at least 25% of all such
unpaid assessments, petition the court to extend the time of payment of any
assessment or installment, or any part thereof, and to issue refunding
bonds. The petition shall set forth (a) a description of all assessments,
any part of which remains unpaid, including the date or dates of
confirmation, the amount remaining unpaid, the amount due in each year and
the rate of interest, (b) the amount of cash on hand, (c) a description of
the notes or bonds of the district outstanding, including the date of issue
of such notes or bonds, the dates of maturity, the rate of interest and the
assessments or installments against which such notes or bonds are a lien,
(d) other indebtedness of the district, if any, (e) the assessments or
installments they desire to extend, either in whole or in part, together
with the desired maturities of the extended assessments, installments or
parts thereof and the proposed rate of interest that said extended
assessments or installments shall bear, (f) the assessments, installments
or parts thereof, if any, they desire to remain as theretofore confirmed,
(g) the amount, maturities and rate of interest of the proposed refunding
notes or bonds, and (h) if it is proposed to extend the time of payment of
assessments or installments, or any part thereof, not yet due, a statement
whether the holders of the notes or bonds will surrender their notes or
bonds in exchange for refunding notes or bonds or, in the alternative,
accept, in payment thereof, an amount not in excess of the par value
thereof, together with accrued interest.
Accompanying such petition shall be an assessment roll, setting forth
(a) the name of the owner of each tract of land or other property against
which any such assessment, installment or part thereof remain unpaid, if
known, or, if unknown, then the name of the person who last paid the
general taxes thereon, as shown by the Collector's books, (b) a description
of each tract of land or other property, (c) the amount of unpaid
assessments or installments against each tract, (d) the amount and maturity
of each installment of the proposed extended assessments against each
tract, and (e) the amount and maturity of each assessment, installment or
part thereof, if any, which is to remain as theretofore confirmed against
each tract.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-11) (from Ch. 42, par. 6-11)
Sec. 6-11.
Extending payment of assessments-Notice.
When a petition is filed as provided in Section 6-10, the court shall
fix the date and hour for hearing. The clerk of the court shall give notice
of the hearing, which shall be entitled "Drainage Notice" and must state
(a) in what court and on what date the petition was filed, (b) the name of
the district, (c) the amount of assessment or parts thereof proposed to be
extended, (d) the number of installments in which they are presently
payable, (e) the number of installments in which it is proposed to make the
same payable, (f) the proposed interest rate of such extended assessments,
(g) the amount of bonds proposed to be refunded and the amount of refunding
bonds proposed to be issued, and (h) the place, date and hour the petition
will be heard. Such notice shall be given in the time and manner provided
by Section 4-22.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-12) (from Ch. 42, par. 6-12)
Sec. 6-12.
Extending payment of assessments - Hearing - Order.
The court shall hear such petition and make such order as it deems
proper. The court may order the time of payment of any such assessments or
one or more installments of assessments, or any part or parts thereof,
extended, may change the number of installments into which such assessments
are divided, may fix the rate of interest which said extended assessments
shall bear, which shall not exceed that permitted in "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended, and shall give the owners
an opportunity to pay the assessments or installments proposed to be
refunded in cash within a reasonable time to be fixed by the court without
further notice, and after the expiration of the time fixed and the
commissioners have reported such cash payments to the court, the court
shall also fix the amount of the refunding bonds and authorize their
issuance by the commissioners at a rate of interest not to exceed the rate
of interest on the extended assessments, and such refunding notes or bonds
shall be a lien upon such extended assessments or installments. Extended
assessments or installments shall continue to be a lien upon the lands
assessed until paid.
(Source: P.A. 84-886.)
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(70 ILCS 605/6-13) (from Ch. 42, par. 6-13)
Sec. 6-13.
Extending payment of assessments-Withdrawal of delinquent assessments-
Release of forfeited lands.
Whenever the time of payment of any assessment, installment or portion
thereof has been extended as provided in this Article and the extended
assessment or installment includes an assessment, installment or portion
thereof which is past due and has been certified to the County Collector as
delinquent, or the delinquent property has been forfeited to the State for
the non-payment of such assessment, installment or portion, the court
shall, in its order extending the time of payment, direct that such tract
be removed from the delinquent list or direct that such tract be released
from such judgment and forfeiture by proper entry upon the tax sale,
judgment and forfeiture record of the county in which the land is situated,
without charge to the district or the bondholders.
Where the amount of the assessment to be withdrawn from the delinquent
list or to be released from the tax sale, judgment and forfeiture record is
less than the whole amount of the assessment or installment for which the
property has been certified delinquent or forfeited, only that portion of
the assessment or installment the time of payment of which has been
extended shall be so released or withdrawn, and in withdrawing or releasing
such land, the records shall clearly indicate that only that portion of the
assessment or installment the time of payment of which has been extended
has been withdrawn or released. The balance of the assessment or
installment shall remain delinquent or forfeited, as the case may be, and
be collected in the manner provided by law for the collection of such
delinquencies or forfeitures.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/6-14) (from Ch. 42, par. 6-14)
Sec. 6-14.
Depository for district funds.
Upon request by the treasurer, the commissioners shall designate one or
more banks or savings and loan associations as the depository for funds
received by the treasurer by virtue of
his office. Within 10 days after such designation, the treasurer shall
transfer all funds of the district to such depository or depositories and
he shall thereafter be discharged of all responsibility for such funds
while they are on deposit therein.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
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(70 ILCS 605/6-15) (from Ch. 42, par. 6-15)
Sec. 6-15.
Paying out district funds.
The treasurer shall pay out district funds only upon a written order
signed by a majority of the commissioners, or upon the order of court,
and shall carefully preserve all such orders. Notes, bonds or interest
coupons which are lawful obligations of the district and obligations for
Social Security taxes as required by the "Social Security Enabling Act"
may be paid when
due by the treasurer out of district funds without the further order of
the commissioners.
(Source: P.A. 81-793.)
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(70 ILCS 605/6-16) (from Ch. 42, par. 6-16)
Sec. 6-16.
Treasurer's Account.
The treasurer shall keep an accurate account of all moneys received and
disbursed, and on or before the 1st day of November in each year, and at
such other times as required by the commissioners, he shall submit to them
an accurate account of such receipts and disbursements, together with the
commissioners' orders, vouchers and other papers and records necessary to
verify such account.
(Source: P.A. 84-886.)
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(70 ILCS 605/Art. VII heading) ARTICLE VII.
SUBDISTRICTS AND MINOR SUBDISTRICTS
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(70 ILCS 605/7-1) (from Ch. 42, par. 7-1)
Sec. 7-1.
Purposes
for which subdistricts may be organized.
Subdistricts may be organized in the circuit court of the county in
which the main district was organized for the purpose of providing more
minute or complete drainage or protection of lands in one or more
particular localities or separate areas in the main district. Subdistricts
shall have the right to use the drains of the main district for their
outlets.
(Source: Laws 1965, p. 678.)
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(70 ILCS 605/7-2) (from Ch. 42, par. 7-2)
Sec. 7-2.
Commissioners to examine lands.
The commissioners of the main district on their own initiative may, or,
if the commissioners are presented with a petition of the landowners
meeting the essential requirements as to signers and contents of either
Section 3-3 or Section 3-27 so far as the same may be applicable, they
shall, examine the lands proposed to be included in the subdistrict and
upon which any portion of the drainage system is proposed to be constructed
and determine upon the system of local drainage which will best provide
more minute or complete drainage or protection to such lands.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-3) (from Ch. 42, par. 7-3)
Sec. 7-3.
Employment of engineer - Engineer's report.
The commissioners shall, unless otherwise authorized by the court,
employ an engineer who shall be a registered professional engineer,
competent in the design and operation of drainage systems, to assist them
in the performance of their duties. If an engineer is so employed, he shall
make such surveys and estimates as the commissioners may direct, and he
shall report to the commissioners in the manner prescribed by Section 3-14.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-4) (from Ch. 42, par. 7-4)
Sec. 7-4.
Report of
commissioners.
After the commissioners have determined upon the system of drainage
which will best provide more minute or complete drainage or protection to
the lands proposed to be included in the subdistrict, they shall prepare
and file with the court a report on the proposed organization of the
subdistrict, meeting as nearly as the facts will permit, the general
requirements prescribed in Section 3-15.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-5) (from Ch. 42, par. 7-5)
Sec. 7-5.
Payment of expenses incident to report.
The commissioners may use general funds of the main district not
otherwise committed and not in excess of $2,000 to pay the necessary
expenses incident to the preparation of their report, but if the
subdistrict is organized and an assessment levied therein, the subdistrict
shall reimburse the main district for any funds so expended.
(Source: P.A. 84-886.)
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(70 ILCS 605/7-6) (from Ch. 42, par. 7-6)
Sec. 7-6.
Setting
report for hearing-Notice.
Upon the filing of the report, it shall be presented to the court, which
shall fix the date and hour for hearing. The clerk shall give notice of the
hearing thereon, in the manner and for the length of time prescribed in
Sections 3-5 and 3-6. Other districts or municipal corporations may be
made parties defendant in the proceedings in the manner set forth in
Section 3-19.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-7) (from Ch. 42, par. 7-7)
Sec. 7-7.
Hearing
on report.
Any owner of land in the proposed subdistrict or any other district or
municipal corporation made a party defendant may, at or prior to the time
fixed for hearing file objections to the report, or to any portion thereof,
or request that the report be modified in any particular and, after filing
such objections or request, may be heard with reference thereto and
introduce evidence in support thereof.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-8) (from Ch. 42, par. 7-8)
Sec. 7-8.
Order
modifying report, dismissing proceedings or organizing subdistrict.
At the conclusion of the hearing, the court may modify the report,
dismiss the proceedings or approve the report and order the organization of
the subdistrict, as in the case of original organization of main districts
as set forth in Sections 3-21, 3-22, and 3-23.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-9) (from Ch. 42, par. 7-9)
Sec. 7-9.
Effect of
order organizing subdistrict.
When an order organizing a subdistrict is given or made, the subdistrict
shall become a body politic and corporate under the name set forth in the
order and shall have all the powers of a main district as provided in this
Act. The organization of a subdistrict shall not operate to release the
land in the subdistrict from the payment of any assessment in the main
district, whether theretofore or thereafter levied, and neither shall it
give such subdistrict any claim on the funds of the main district for its
local use.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-10) (from Ch. 42, par. 7-10)
Sec. 7-10.
Commissioners and other officers.
The commissioners and other officers of the main district, ex officio,
shall be commissioners and officers of the subdistrict.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-11) (from Ch. 42, par. 7-11)
Sec. 7-11.
Powers
and duties of commissioners and other officers.
The commissioners and other officers of the subdistrict shall have the
same powers and duties as are provided in this Act for the commissioners
and other officers of main districts, but they shall keep a separate record
of their acts and doings affecting the subdistrict. The funds of the
subdistrict shall not be commingled with the funds of the main district or
any other subdistrict.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/7-12) (from Ch. 42, par. 7-12)
Sec. 7-12.
Minor
Subdistricts.
Minor subdistricts may be organized in such particular localities or
separate areas within subdistricts as may require more minute or complete
drainage or protection than is provided by the drainage system of the
subdistrict. The proceedings for the organization of minor subdistricts
shall be carried on in like manner and with like effect as is herein
provided for the organization of subdistricts. The commissioners and other
officers of the main district, ex officio, shall be commissioners and
officers of minor subdistricts, and they shall have the same powers and
duties as are provided in this Act for commissioners and other officers of
main districts but they shall keep a separate record of their acts and
doings affecting each minor subdistrict. The funds of a minor subdistrict
shall not be commingled with the funds of the main district, any
subdistrict or any other minor subdistrict.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/Art. VIII heading) ARTICLE VIII.
ANNEXATION AND DETACHMENT OF LANDS
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(70 ILCS 605/8-1) (from Ch. 42, par. 8-1)
Sec. 8-1.
Annexation and detachment.
Lands may be annexed to or detached from a district, subdistrict or
minor subdistrict in the manner provided in this Article.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-2) (from Ch. 42, par. 8-2)
Sec. 8-2.
Annexation-Right of outside lands to use district drains.
Any owner of land which lies outside of a district, subdistrict or minor
subdistrict but within the same natural drainage area, or involved in the
same system of drainage as the lands within the district, subdistrict or
minor subdistrict, may connect his land to any open ditch of the district,
subdistrict or minor subdistrict, or, with the prior consent of the
commissioners, to any covered drain of the district, subdistrict or minor
subdistrict. Any connection so made shall be subject to the conditions of
Section 12-1. When any such connection is made, the landowner involved
shall be deemed to have consented to the annexation of such land to the
district, subdistrict or minor subdistrict.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-3) (from Ch. 42, par. 8-3)
Sec. 8-3.
Annexation-Petition by commissioners.
When any land lying outside of a district has been connected to a
district drain or has been or will be benefited or protected by any
district work done or ordered to be done, the commissioners may petition
the court to annex such land to the district. The petition shall include a
description of the land proposed to be annexed, the name of the owner, when
known, and a general description of the connection which has been made or a
general description of the manner in which the land has been or will be
benefited or protected.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-4) (from Ch. 42, par. 8-4)
Sec. 8-4.
Annexation-Petition by landowners.
When the owners of lands lying outside of a district but within the same
natural drainage basin or involved in the same system of drainage as the
lands within the district, desire to have their lands annexed to the
district, they may so petition the court. The petition must meet the
proportional requirements of Section 3-3 as to signers and shall include a
description of the lands proposed to be annexed and the names of the
owners, when known.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-5) (from Ch. 42, par. 8-5)
Sec. 8-5.
Annexation-Setting petition for hearing-Notice.
Upon the filing of a petition for annexation, it shall be presented to
the Court, which shall fix the date and hour for hearing. The clerk of the
court shall give notice of the hearing to the owners of the lands proposed
to be annexed substantially in the form provided in Section 4-21 and in
the manner and for the length of time provided in Section 4-22. The notice
shall include a description of the lands sought to be annexed. If the
petition is filed by the landowners and all of the owners of the lands
sought to be annexed have signed the petition, then no notice, other than
10 days notice in writing sent by the clerk to the commissioners, need be
given.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-6) (from Ch. 42, par. 8-6)
Sec. 8-6.
Annexation - Hearing - Order - Appeals.
Any owner of land lying in the territory sought to be annexed may file
objections to the petition at or prior to the time fixed for hearing and,
after filing such objections may be heard with reference thereto and
introduce evidence thereon. At the hearing, the court shall determine
whether the lands sought to be annexed are connected with a district drain
or have been or will be benefited or protected by any work of the district
done or ordered to be done and, if the petition was filed by the
landowners, whether the lands sought to be annexed are within the same
natural drainage basin or involved in the same system of drainage as lands
within the district and whether the petition is signed by the requisite
number of owners owning the required proportion of the area sought to be
annexed. If the court finds for the petitioners, it shall order the lands
annexed to the district. The order of annexation shall include a
description of the territory annexed and a description of the boundaries of
that territory. The order shall be final and separate or joint appeals may
be taken by the parties affected thereby, as in other civil cases. The
taking of an appeal or the reversal of the order upon any such appeal shall
not impair or invalidate such annexation as to lands not involved in the
appeal, unless the reversal of the order by the reviewing court as to the
owners so appealing would work a substantial hardship on the owners or some
of the owners not appealing and the appeal has been made to operate as a
stay of the enforcement of the judgment. When any such
an appeal is taken, the commissioners or any
landowner not appealing may, within 15 days after the notice of appeal has
been made to operate as a stay of the enforcement of the judgment,
move the trial court to stay the
proceedings as to the owners of the lands not appealing, pending the
determination of the appeal, upon the grounds that the reversal of the
order by the reviewing court as to the owners appealing would work a
substantial hardship on all or some of the owners not appealing. In the
event the proceedings are so stayed and the order appealed from is
thereafter affirmed, or the appeal is dismissed, then, upon the receipt of
final process from the reviewing court the trial court shall vacate the
stay and the proceedings shall thereafter continue in the same manner as
though no appeal had been taken. In the event the proceedings are so stayed
and the order appealed from is reversed then, upon the receipt of final
process from the reviewing court the trial court may modify or vacate the
original order as to the lands not appealing as justice may
require under the circumstances.
(Source: P.A. 83-345.)
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(70 ILCS 605/8-7) (from Ch. 42, par. 8-7)
Sec. 8-7.
Assessment of annexed lands.
Lands annexed to a district shall be subject to assessment for their
just proportion of the cost of any work done or to be done by the district.
The lands so annexed shall be assessed with the other lands in the district
unless the assessment of the lands previously in the district has already
been made, in which event the lands so annexed shall be assessed in like
proceedings and with a like right of appeal.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-8) (from Ch. 42, par. 8-8)
Sec. 8-8.
Detachment-Petition.
When any land lying within a district is not connected to a district
drain and is not and cannot presently be benefited or protected by any work
of the district, the commissioners or the owner of such land may petition
the court to detach the same from the district. The petition shall include
a description of the land proposed to be detached, the name of the owner,
when known, and the reason or reasons why such land is not and cannot
presently be benefited or protected.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-9) (from Ch. 42, par. 8-9)
Sec. 8-9.
Detachment-Setting petition for hearing-Notice.
Upon the filing of a petition for detachment, it shall be presented to
the court, which shall fix the date and hour for hearing. The clerk of the
court shall give notice of the hearing to the owners of all of the lands in
the district substantially in the form provided in Section 4-21 and in the
manner and for the length of time provided in Section 4-22, except that
when notice is given by publication no notice by mailing shall be required.
The notice shall include a description of the land sought to be detached.
If the petition is filed by the owner of the land sought to be detached,
then 10 days notice shall also be given by the clerk to the commissioners
by mailing a copy of such notice to each commissioner.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-10) (from Ch. 42, par. 8-10)
Sec. 8-10.
Detachment-Hearing-Order-Costs-Appeals.
At the hearing, the court shall determine whether the allegations of the
petition are true. Any owner of land within the district and the
commissioners may appear and be heard with reference thereto without filing
formal pleadings. If, at the hearing, the court finds that the land
proposed to be detached has been assessed for benefits and that the work
for which such assessment was levied has not been abandoned, then the land
shall be presumed to have been benefited. If the court finds for the
petitioners, it shall order the land detached. The order shall include a
description of the land so detached. The costs of the proceedings may be
taxed against the petitioners, the detached land or the objectors, as
justice may require, without regard to the outcome of the proceeding. The
order shall be final and separate or joint appeals may be taken by any
person interested, as in other civil cases.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/8-11) (from Ch. 42, par. 8-11)
Sec. 8-11.
Detachment-Land lying in two districts.
When any land lies within the boundaries of 2 districts and such land is
not connected to a district drain in one of the districts and is not and
cannot presently be benefited or protected by the work of that district,
the landowner and the commissioners of that district may jointly petition
the court to detach such land from that district. The petition may be heard
without notice or upon such notice as the court may direct. The remedy
provided by this section shall be considered cumulative, and it shall not
operate to deprive the owner of such land of the right to have his land
detached from a district in the manner provided elsewhere in this Article.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-12) (from Ch. 42, par. 8-12)
Sec. 8-12.
Detaching lands from one district and annexing to another district.
When any land lies within a district and such land is not connected to a
district drain and is not and cannot presently be benefited or protected by
the work of that district, but such land is or can be benefited by the work
of another district, the landowners and the commissioners of the 2
districts may enter into an agreement to detach the land from the former
district and to annex the land to the latter district. Such agreement shall
be in writing and shall become effective only upon the approval of the
circuit court of the county or counties in which the districts were
organized. Such approval may be granted upon petition of the landowner or
the commissioners, and the petition may be heard without notice or upon
such notice as the court may direct.
(Source: Laws 1965, p. 678.)
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(70 ILCS 605/8-13) (from Ch. 42, par. 8-13)
Sec. 8-13.
Detachment-Effect on assessment.
An order detaching land from a district shall not in itself operate to
abate any assessment previously levied against the detached land.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-14) (from Ch. 42, par. 8-14)
Sec. 8-14.
Annexing lands to and detaching lands from subdistricts and minor
subdistricts.
Lands may be annexed to or detached from subdistricts or minor
subdistricts in the same manner and with the same effect as is hereinbefore
provided for the annexation of lands to and the detachment of lands from
main districts. When land is annexed to a main district, it may, in the
same proceeding and without a separate petition or a separate hearing, be
annexed to a subdistrict or a minor subdistrict. When land is detached from
a main district, it shall, in the same proceeding and without a separate
petition or a separate hearing, be detached from any subdistrict or minor
subdistrict in which such detached land is situated.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-15) (from Ch. 42, par. 8-15)
Sec. 8-15.
Detachment of lands in municipal corporation exercising drainage powers-
Power of court.
When a drainage district contains lands lying within a municipal
corporation which has constructed drains or levees and which is exercising
storm drainage powers in that territory of the same nature as the drainage
powers being exercised by the drainage district then all the lands within
such municipal corporation and within the drainage district may be detached
from the drainage district by the court upon petition of the landowners in
the territory sought to be detached, the commissioners of the drainage
district or the corporate authorities of the municipal corporation. When
any lands are so detached from a drainage district and the drainage system
of the drainage district is so situated that it will continue to protect
the detached lands from overflow or continue to provide an outlet for the
storm drainage of those lands, the municipal corporation shall be liable to
the drainage district for its proportionate share of the cost of future
construction, repair and maintenance work on the levee or outlet, based
upon the benefits to be received by the detached lands.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-16) (from Ch. 42, par. 8-16)
Sec. 8-16.
Detachment of lands in municipal corporation exercising drainage powers-Petition-Signers-Contents.
A petition of landowners under Section 8-15 must be signed by not less
than 100 adult owners of land in the territory sought to be detached,
unless there are fewer than 200 adult landowners in such territory, in
which event the petition shall be signed by not less than a majority of the
adult landowners. Each petition under Section 8-15, whether by landowners,
commissioners or corporate authorities, shall contain (a) a description of
the boundaries of the territory sought to be detached, (b) the name of the
drainage district from which detachment is sought, (c) the name of the
municipal corporation in which the lands are situated, (d) a general
description of the drains or levees which the municipal corporation has
constructed and is maintaining in the exercise of its storm drainage
powers, (e) a statement that the storm drainage powers being exercised by
the municipal corporation in the territory sought to be detached are of the
same nature as the drainage powers being exercised by the drainage
district, (f) a statement that the lands sought to be detached constitute
all the lands which lie within both the drainage district and the municipal
corporation, and (g) a request that such lands be detached from the
drainage district. The petition must be verified and shall have attached
thereto a map showing the territory sought to be detached.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-17) (from Ch. 42, par. 8-17)
Sec. 8-17.
Detachment of lands in municipal corporation exercising drainage powers -
Setting petition for hearing - Notice. Upon the filing of the petition, it
shall be presented to the court,
which shall fix the date and hour for hearing, which date shall be not less
than 20 nor more than 60 days from the filing thereof. The clerk of the
court shall give notice of the hearing on the petition by publishing a
notice in a newspaper of general circulation published in the county in
which the drainage district is situated. The notice shall be entitled
"Notice of Hearing on Petition to Detach Lands from .... Drainage District"
and shall be addressed "To All Persons Interested". The notice must set
forth (a) in what court and on what date the petition was filed, (b) a
brief summary of the contents of the petition, and (c) the place, date and
hour the petition will be heard. The notice shall be published at least
once each week for 2 successive weeks. The first publication of the notice
shall be at least 2 weeks prior to the date fixed for hearing. When the
drainage district is situated in 2 or more counties, then such notice shall
be given as aforesaid by publishing the same in a newspaper of general
circulation published in each of said counties. If no newspaper of general
circulation is published in any such county then publication of the notice
shall be in a newspaper having general circulation in that county. Within 4
days after the first publication of the notice, the clerk shall mail a copy
thereof to each commissioner of the drainage district and to the corporate
authorities of the municipal corporation.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-18) (from Ch. 42, par. 8-18)
Sec. 8-18.
Detachment of lands in municipal corporation exercising drainage powers-
Objections to petition.
Any landowner in the drainage district, the drainage district or the
municipal corporation may file objections to the petition at or prior to
the time fixed for hearing and, after filing such objections, may be heard
with reference thereto and introduce evidence thereon.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-19) (from Ch. 42, par. 8-19)
Sec. 8-19.
Detachment of lands in municipal corporation exercising drainage powers-
Hearing-Order.
If upon hearing the petition, the court finds that it is not properly
signed, that the allegations of the petition are not true or that the
proposed detachment is not in the best interest of the district and of the
lands proposed to be detached, then the court shall deny the petition. If
the court finds for the petitioners and has not been requested in writing
to ascertain the proportionate share of the cost of reconstruction, repair
and maintenance work on the levee or outlet of the drainage district which
shall be borne by the municipal corporation in the future, then the court
shall order the lands detached from the district. If, however, the court
finds for the petitioners and has been requested in writing to ascertain
such proportionate share and appropriate pleadings have been filed, then
the court shall continue the hearing for the purpose of hearing additional
evidence and ascertaining such proportionate share. When the court has
ascertained the proportionate share of the cost of such work which the
municipal corporation should bear or such proportion has been fixed by an
agreement between the commissioners of the drainage district and the
corporate authorities of the municipal corporation and approved by the
court, the court shall order the lands detached from the district and by
that order establish such proportionate share in accordance with its
findings or in accordance with the approved agreement. The failure of a
district to proceed with a claim against a municipal corporation for the
proportionate share of the cost of future work under this section shall not
bar the district from bringing an action against the municipal corporation
in the manner provided in Article II of this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-20) (from Ch. 42, par. 8-20)
Sec. 8-20.
Detachment of lands in municipal corporation exercising drainage powers-
Effect of order detaching.
The detachment order so entered shall not operate to abate, or to
release the lien of, any assessment previously levied against the lands
detached or to relieve such lands from liability for assessment by the
drainage district for the purpose of paying indebtedness or obligations of
the drainage district outstanding at the time of detachment. Immediately
upon the entry of the detachment order, all drains, levees, drainage
structures and easements of the drainage district in the detached area
shall become the property of the municipal corporation without the payment
of compensation therefor, and the municipal corporation shall thereafter be
charged with the duty of keeping such property in repair.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-21) (from Ch. 42, par. 8-21)
Sec. 8-21.
Detachment of lands in municipal corporation exercising drainage powers-
Appeals.
Any order entered on such a detachment petition shall be final, whether
granting or denying detachment, and separate or joint appeals may be taken
as in other civil cases.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/8-22) (from Ch. 42, par. 8-22)
Sec. 8-22.
Detachment of Lands in Municipal Corporation Exercising
Drainage Powers - Enforcement of Order - Modification.
The proportionate share of the cost of future work by the drainage
district to be borne by the municipal corporation shall constitute the
measure of liability of the municipal corporation to the drainage
district and may be enforced by mandamus. The proportionate share as
fixed by the court may be set aside or modified by a subsequent contract
approved by the court or may be set aside or modified by the court upon
application by the drainage district or by the municipal corporation
when circumstances have so changed as to make the proportionate share
inequitable or unjust as to either party. Notice of the hearing on any
petition to modify the proportionate share shall be given as the court
may direct.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/8-22.1) (from Ch. 42, par. 8-22.1)
Sec. 8-22.1.
In districts where the county collector collects all drainage
assessments provided for by this Act, the commissioners of the main district
shall provide the county clerk of the county in which a district, subdistrict
or minor subdistrict lies with a legal description of the boundaries of
such district, subdistrict or minor subdistrict. Within 60 days of any
change in such boundaries, the commissioner shall provide the county clerk
with a legal description of the new boundaries.
(Source: P.A. 81-983.)
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(70 ILCS 605/Art. IX heading) ARTICLE IX.
CONSOLIDATION OF DISTRICTS, SUBDISTRICTS AND
MINOR SUBDISTRICTS
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(70 ILCS 605/9-1) (from Ch. 42, par. 9-1)
Sec. 9-1.
Authority
to consolidate.
Any 2 or more adjoining districts whose drainage or levee systems are
connected may merge and form a single consolidated district which shall
thereafter be subject to the provisions of this Act. For the purpose of
this Article, districts shall be considered as adjoining when any portion
of their boundaries are contiguous or overlap. When the proposed
consolidated district will include more than 2 districts, it shall not be
necessary for each district to adjoin each of the other districts, but it
shall be sufficient if each district adjoins one of the other districts.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/9-2) (from Ch. 42, par. 9-2)
Sec. 9-2.
Petition
to consolidate.
A consolidated district may be formed upon petition signed by at least
one-tenth of the adult owners who own at least one-fifth of the land in
each of the districts proposed to be merged. The petition shall be filed in
the circuit court of the county in which the greater part of the land in
the proposed consolidated district will be situated. The petition shall set
forth (a) the names of the districts proposed to be merged, (b) the name of
the proposed consolidated district and (c) the reasons for and the
advantages to be derived from such consolidation. The petition shall
conclude with a prayer for the merger of the districts into a single
consolidated district. Upon its filing, the petition shall be presented to
the court which shall fix the date and hour for hearing.
(Source: Laws 1965, p. 678.)
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(70 ILCS 605/9-3) (from Ch. 42, par. 9-3)
Sec. 9-3.
Notice of hearing on petition.
The clerk of the
court shall give notice of the hearing substantially in the
form provided in Section 4-21 and in the manner and for the
length of time provided in Section 4-22, except that when
notice is given by publication no notice by mailing shall be
required. The notice shall include the names of the districts
proposed to be merged and the name of the proposed consolidated
district. Within 4 days after the first publication of the notice
the clerk shall mail a copy thereof to each commissioner of each district.
(Source: P.A. 86-297.)
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(70 ILCS 605/9-4) (from Ch. 42, par. 9-4)
Sec. 9-4.
Hearing on petition - Referendum - Order.
At the hearing the court shall first determine whether the districts are
contiguous and whether the petition is signed by at least one-tenth of the
adult owners in each district who own at least one-fifth of the land in
each district. If the districts are not contiguous or if the petition is
not so signed, the petition shall be dismissed.
If the districts are contiguous and the petition is so signed but it is
not signed by a majority of the adult owners in each district owning more
than one-third of the land in each district, or by more than one-third of
the adult owners in each district owning a major portion of the land in
each district, the court shall then order the question of consolidation
submitted to the adult owners of land in each district at a special
election to be held in each district. The court shall fix the day upon
which the election shall be held which shall be the same day in each
district and which shall not be less than 30 nor more than 60 days from the
day the order is entered. The court, at the time of calling the election,
shall also designate the polling place or places in each district and
designate the hours at which the polling places will open and close. Upon
calling the election the court shall continue the cause to a day certain,
which day shall be not less than 7 nor more than 14 days following the day
fixed for the election.
The clerk of each district shall give notice of the election by
publishing notice thereof in the manner and for the length of time provided
in Section 4-22 in the case of a hearing on a petition. The ballots cast
at the election shall be in substantially the following form:
Shall (name of district in whichelection is being held), be merged with Yes(name of other district or districts) to organize (name of consolidated Nodistrict)
The reverse side of the ballot shall show the official nature of the
ballot by the certificate of the clerk, and it shall be the duty of the
clerk to cause the ballots to be prepared. The commissioners of each
district shall serve as the judges of the election unless the court shall
designate other judges at the time of calling the election. The ballots and
the results shall be returned to the clerk of the district within 48 hours
after the election and he shall, within 5 days thereafter, report the
results of the election to the court. The cost of the election in each
district shall be borne by that district. If, in each district, a majority
of the owners voting on the question shall favor consolidation and if the
court thereupon finds that such consolidation will be beneficial to the
major portion of the land in each district, the court shall order the
merger of the districts into the consolidated district.
If, at the hearing the court determines that the districts are
contiguous and that the petition is signed by a majority of the adult
owners in each district owning more than one-third of the land in each
district or by more than one-third of the adult owners in each district
owning a major portion of the land in each district, then no election shall
be necessary and if the court further finds that such consolidation will be
beneficial to a major portion of the lands in each district, the court
shall order the merger of the districts into the consolidated district.
The affidavit of one or more credible persons may be taken as prima
facie evidence as to the proportion of the owners signing the petition and
of the proportion of the area owned by them.
(Source: Laws 1957, p. 1438.)
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(70 ILCS 605/9-4.1) (from Ch. 42, par. 9-4.1)
Sec. 9-4.1.
Consolidation - Petition of Commissioners.) In
addition to the method of consolidation provided in Section 9-2,
the commissioners of contiguous districts may petition to
consolidate the districts. Such petition must show: (a)
the names of the districts proposed to be merged; (b) that
the districts are contiguous; (c) the name of the proposed
consolidated district and (d) the reasons for and the advantages
to be derived from such consolidation. The petition shall be
signed by a majority of the commissioners of each district
proposed to be merged and shall be verified by at least one
commissioner of each district proposed to be merged.
Time for hearing of the petition shall be fixed and notice
thereof given as provided by Section 9-3.
At the hearing the court shall determine whether the districts
are contiguous and whether such consolidation will be beneficial
to a major portion of the lands in each district. If the court
finds for the petitioners it shall order the merger of the
districts into the consolidated district but if the court
finds against the petitioners the petition shall be dismissed.
In either event, the costs shall be taxed against the districts.
The order shall be final. Separate or joint appeals may be
taken by any of the parties affected thereby or by the commissioners
of the districts, as in other civil cases.
(Source: P.A. 82-783.)
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(70 ILCS 605/9-5) (from Ch. 42, par. 9-5)
Sec. 9-5.
Effect of
order organizing consolidated district.
Upon the entry of an order consolidating 2 or more districts, the
individual districts shall lose their separate existence and be merged into
the consolidated district and the consolidated district shall thereupon
become a body politic and corporate with all the powers, rights, duties and
obligations of other districts organized under this Act. The consolidated
district shall succeed to all the records, property, funds, rights and
duties of the merged districts.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/9-6) (from Ch. 42, par. 9-6)
Sec. 9-6.
Commissioners and other officers.
Upon the organization of the
consolidated district, the duties of commissioners and other officers of
each merged district shall cease. The appointing authority as provided in
Section 3-9 shall appoint 3 commissioners of the consolidated district to
serve until the first Tuesday in September following, and thereafter
commissioners shall be appointed as provided in Article IV of this Act. The
commissioners and other officers of a consolidated district shall have like
powers and duties as commissioners and officers of other districts
organized under this Act.
(Source: P.A. 86-297.)
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(70 ILCS 605/9-7) (from Ch. 42, par. 9-7)
Sec. 9-7.
Indebtedness of merged districts.
In case any district merged into a consolidated district has bonds or
notes outstanding which are a lien on funds on hand in the treasury of the
district at the time of consolidation, or on assessments which are unpaid
at the time of consolidation, such lien shall be unimpaired by such
consolidation and the lien shall continue in favor of the bond or note
holders. The funds on hand and the assessments when collected shall be set
apart and held for the purpose of retiring such secured debt and no such
funds or assessments shall be transferred into the general funds of the
consolidated district until all indebtedness of the merged district has
been discharged.
In case any district merged into a consolidated district has unsecured
debts outstanding at the time of consolidation, any funds in the treasury
of such district or otherwise available and not committed shall, to the
extent necessary, be applied to the payment of such debts. If the funds on
hand or otherwise available are not sufficient to satisfy such
indebtedness, the court may, if such an assessment would otherwise be
authorized, direct the commissioners of the consolidated district to levy
an assessment against the lands in the merged debtor district for the
purpose of paying such indebtedness. The proceeds of such assessment shall
be used to pay the costs and expenses incident to the levy and collection
of the assessment and for the payment of such indebtedness, and for no
other purpose.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/9-8) (from Ch. 42, par. 9-8)
Sec. 9-8.
Prior
obligations and assessments-Annual maintenance assessments.
The merging of any district into a consolidated district shall not
affect the obligation of any contract entered into by the merged district
nor invalidate or otherwise affect the levy, extension or collection of any
assessments upon property in such merged district. Such contracts shall be
taken over and assumed by the consolidated district. All assessments shall
be collected and the proceeds therefrom shall be expended or disposed of by
the consolidated district in the same manner as such assessments might have
been collected, expended or disposed of by the individual districts.
If an annual maintenance assessment has been levied in one or more of
the districts so consolidated such annual maintenance assessment or
assessments shall remain unimpaired by such consolidation and the
commissioners of the consolidated district shall have the power to make and
file a certificate of levy of an annual maintenance assessment in the same
manner as is provided in this Act for other districts. If the commissioners
of the consolidated district determine that (a) the annual maintenance
assessment is insufficient or (b) is not properly equalized on the lands
and other property in the consolidated district they may petition the court
for leave to levy an annual maintenance assessment to supersede the former
annual maintenance assessment or assessments levied by the individual
district or districts. Any such petition shall be filed, set for hearing
and heard after notice in the manner provided in Sections 4-19 to 4-24,
inclusive. If the court finds that the existing annual maintenance
assessment is insufficient or is not properly equalized on the lands or
other property in the consolidated district then its order shall include a
provision setting aside and vacating the former annual maintenance
assessment or assessments effective upon the confirmation of the new annual
maintenance assessment roll, but such order shall not in any way affect the
collection of any annual maintenance assessments due and unpaid at the time
of the confirmation of the new roll.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/9-9) (from Ch. 42, par. 9-9)
Sec. 9-9.
Effect of
Consolidation of Districts Upon Subdistricts and Minor Subdistricts.
The merger of 2 or more districts into a consolidated district shall not
affect the organization or operation of any subdistrict or minor
subdistrict within any of the merged districts in existence at the time of
consolidation, except to avoid confusion the court may rename or renumber
the subdistricts and minor subdistricts. The commissioners and other
officers of the consolidated district, ex officio, shall become the
commissioners and officers of all subdistricts and minor subdistricts
within the consolidated district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/Art. X heading) ARTICLE X.
ABANDONMENT OF WORK, DISSOLUTION OF DISTRICTS, SUBDISTRICTS AND
MINOR SUBDISTRICTS
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(70 ILCS 605/10-1) (from Ch. 42, par. 10-1)
Sec. 10-1.
Abandonment of entire work.
When a petition signed by not less than two-thirds of the adult
landowners who own not less than two-thirds of the lands in the district
and praying for the abandonment of work theretofore ordered constructed, is
filed with the court before the commissioners of the district enter into a
contract for the construction of such work and before any lien has attached
to the assessment levied to pay the cost thereof, the court shall order the
commissioners to abandon such work and to rebate the assessments paid and
abate the unpaid assessments. Upon the filing of the petition it shall be
presented to the court, set for hearing, and heard after notice in the
manner provided in Sections 4-19 to 4-24, inclusive. If notice is given
by publication then the clerk of the court shall, within 4 days after the
first publication, mail a copy thereof to each of the commissioners. The
order directing such abandonment, rebate and abatement shall be conditioned
upon the petitioners reimbursing the district within 30 days for all costs
and expenses, including the fees of the commissioners, treasurer, clerk,
engineers and attorneys, theretofore incurred by the district in connection
with the abandoned work and assessment and to be incurred by the district
in connection with the rebate and abatement of the assessment abandoned,
which costs and expenses shall be fixed and determined by the court in its
abandonment order. If the petitioners fail to reimburse the district as
provided in the order within such 30 day period, the order shall be vacated
and shall thereafter be without force or effect. Any assessment levied to
pay the cost of work subsequently abandoned shall be rebated and abated as
hereinbefore provided in Section 5-30 of this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-2) (from Ch. 42, par. 10-2)
Sec. 10-2.
Abandonment of portion of work.
When a petition, signed by not less than two-thirds of the adult
landowners in any area which will be benefited by a particular portion of
any work theretofore ordered constructed and who own not less than
two-thirds of the lands in such area, is filed with the court before the
commissioners of the district enter into a contract for the construction of
such work and before any lien has attached to the assessment levied to pay
the cost thereof, the court shall order the commissioners to abandon such
work and to rebate the assessments paid and abate the unpaid assessments
attributable to such work. Upon the filing of the petition it shall be
presented to the court, set for hearing, and heard after notice in the
manner provided in Sections 4-19 to 4-24, inclusive. If notice is given
by publication then the clerk shall, within 4 days after the first
publication, mail a copy thereof to each of the commissioners. The order
directing such abandonment, rebate and abatement shall be conditioned upon
the petitioners reimbursing the district within 30 days for the
proportionate share of the costs and expenses attributable to the abandoned
work and assessment, including the fees of the commissioners, treasurer,
clerk, engineers and attorneys, theretofore incurred by the district, and
including all costs and expenses to be incurred by the district in
connection with the rebate and abatement of a portion of the assessment,
which costs and expenses shall be fixed and determined by the court in its
abandonment order. If the petitioners fail to reimburse the district as
provided in the order within such 30 day period, the order shall be vacated
and shall thereafter be without force or effect. Any assessment levied to
pay the cost of the portion of the work subsequently abandoned shall be
rebated and abated as hereinbefore provided in Section 5-30.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-3) (from Ch. 42, par. 10-3)
Sec. 10-3.
Abandonment of work in subdistricts and minor subdistricts.
The work or a portion of the work of a subdistrict or a minor
subdistrict may be abandoned in like manner and with like effect as work in
a main district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-4) (from Ch. 42, par. 10-4)
Sec. 10-4.
Dissolution-Power of court.
The court may dissolve a district in the manner hereinafter provided in
this Article.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-5) (from Ch. 42, par. 10-5)
Sec. 10-5.
Dissolution-Petition by landowners.
When the owners of lands within a district desire to dissolve the
district they may so petition the court. The petition must be signed by not
less than three-fourths of the adult landowners who own not less than
three-fourths of the land in the district. The petition must show (a) the
reasons for dissolving the district, (b) that there are no debts of the
district outstanding or that there are sufficient funds on hand or
available to satisfy such debts, (c) that no contract will be impaired by
the dissolution of the district, (d) that the district is not obligated to
maintain any bridges and (e) that the petitioners will pay any court costs
incurred in connection with the petition. The petition must be verified.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-6) (from Ch. 42, par. 10-6)
Sec. 10-6.
Dissolution-Setting petition for hearing-Notice.
Upon the filing of a petition for dissolution it shall be presented to
the court, which shall fix the date and hour for hearing. The clerk of the
court shall give notice of the hearing substantially in the form provided
in Section 4-21 and in the manner and for the length of time provided in
Section 4-22. Within 4 days after the first publication of the notice, the
clerk shall mail a copy thereof to each of the commissioners of the
district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-7) (from Ch. 42, par. 10-7)
Sec. 10-7.
Dissolution-Hearing-Order-Appeals.
At the hearing the court shall determine (a) whether the petition is
signed by the requisite number of owners owning the required proportion of
the land, (b) whether there is a good reason for dissolving the district
and (c) whether the other required allegations of the petition are true. If
the court finds for the petitioners it shall order the district dissolved
but if the court finds against the petitioners the petition shall be
dismissed. In either event, the costs shall be taxed against the
petitioners. The order shall be final. Separate or joint appeals may be
taken by any of the parties affected thereby or by the commissioners of the
district, as in other civil cases.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/10-7.1) (from Ch. 42, par. 10-7.1)
Sec. 10-7.1.
Dissolution - Petition of Commissioners.) In
addition to the method of dissolution provided in Section 10-5,
the commissioners of a district may petition to dissolve the
district. Such petition must show: (a) the reasons for
dissolving the district; (b) that there are no debts of the
district outstanding or that there are sufficient funds on
hand or available to satisfy such debts; (c) that no contract
will be impaired by the dissolution of the district; (d) that
the district is not obligated to maintain any bridges and (e)
that the district will pay any court costs incurred in connection
with the petition. The petition shall be signed
by a majority of the commissioners and be verified by at least one
commissioner.
Time for hearing of the petition shall be fixed and notice
thereof given as provided by Section 10-6.
At the hearing the court shall determine whether there is good
reason for dissolving the district and whether the allegations
of the petition are true. If the court finds for the petitioners
it shall order the district dissolved but if the court finds
against the petitioners the petition shall be dismissed. In
either event, the costs shall be taxed against the district.
The order shall be final. Separate or joint appeals may be
taken by any of the parties affected thereby or by the commissioners
of the district, as in other civil cases.
(Source: P.A. 80-579.)
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(70 ILCS 605/10-7.2) Sec. 10-7.2. Seavey Drainage District; dissolution. In addition to the other methods of dissolution provided in this Article, the Lake County Board may dissolve the Seavey Drainage District by adopting a resolution that states: (1) that the district has not imposed a levy for at | ||
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(2) that there are no outstanding debts of the | ||
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(3) that federal or State permits or grants will not | ||
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(4) that the precise physical boundaries of the | ||
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(5) the date of dissolution of the district. On the date of dissolution of the district, all drains, levees, and other works constituting the drainage system of the district and the rights-of-way, if any, on which the same are situated shall be deemed to be for the mutual benefit of the lands formerly in the district as provided in Section 10-11. Additional
powers of the former district, except those in Article V, shall be exercised by the respective municipalities where the various parts of the former district are located and by Lake County for any unincorporated areas contained in the former district. No later than 60 days after the date of dissolution of the district, Lake County shall notify the Illinois Environmental Protection Agency of the dissolution of the district. Dissolution of the Seavey Drainage District under this Section must take place no later than December 31, 2019.
(Source: P.A. 100-874, eff. 1-1-19.) |
(70 ILCS 605/10-7.3) Sec. 10-7.3. Dissolution by resolution or ordinance. (a) In addition to the other methods of dissolution provided in this Article, if one or more municipalities account for at least 75% of a drainage district's territory, the drainage district may be dissolved if each municipality that has territory within the drainage district and the county in which the drainage district lies adopt a resolution or ordinance dissolving the drainage district that states: (1) that there are no outstanding debts of the | ||
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(2) that federal or State permits or grants will not | ||
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(b) Upon adoption of the required resolutions or ordinances under subsection (a), the county shall file a petition for dissolution of the drainage district with the circuit court. The court shall set a time for an initial hearing on the petition for dissolution with written notice to be provided to all municipalities that have territory within the drainage district and to the commissioners of the drainage district. If the court is satisfied after conducting the initial hearing that the conditions required for dissolution have been met, the court shall enter an order providing: (1) that the commissioners of the district shall file | ||
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(2) that the commissioners of the district shall file | ||
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(c) After all reports have been filed, the court shall set a hearing to determine and enter requested transfer orders and enter an order dissolving the drainage district. (d) On the date of dissolution of the district, all drains, levees, and other works constituting the drainage system of the district and the rights-of-way, if any, on which the same are situated shall be deemed to be for the mutual benefit of the lands formerly in the district as provided in Section 10-11. Additional
powers of the former district, except those in Article V, shall be exercised by the respective municipalities where the various parts of the former district are located and by the county for any areas contained in the former district outside of municipalities. Any property owned by the former district becomes property of the county to be used for the benefit of the drainage system of the former district unless the county, by resolution, gives it to one or more of the municipalities that will be exercising the powers of the former district. (e) If the former district had levied an assessment that is still effective on the date of dissolution, then the county and municipality in which the drainage district lies has the authority to continue to collect, receive, and expend the proceeds of the assessment within the boundaries of the former drainage district, in a proportionate share to the area of the dissolved drainage district contained within the county or municipality, and the proceeds shall be expended or disposed of by the county or municipality in the same manner as the proceeds may have been expended or disposed by the former drainage district. No later than 60 days after the date of dissolution, the county board or city council shall, by ordinance or resolution: (1) reduce the assessment to an amount necessary to | ||
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(2) eliminate the assessment if the county board or | ||
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(f) No later than 60 days after the date of dissolution of the district, the county shall notify the Illinois Environmental Protection Agency of the dissolution of the district. (g) If (1) the former drainage district is located in a county with a county stormwater committee operating under Section 5-1062 of the Counties Code, (2) the municipalities accounting for at least 75% of the territory of the former drainage district agree that the county stormwater committee shall exercise the powers of the former drainage district within the municipalities and county for the drainage system of the former drainage district, and (3) delegation of authority to the county stormwater committee is included in the resolution or ordinance to dissolve the drainage district by each municipality and county accounting for at least 75% of the territory of the former drainage district, then the county shall have the authority to continue to levy the former drainage district assessment in the territory of the former drainage district to be used by the county stormwater committee for the benefit of the former drainage district's drainage system. Funds from this levy shall be budgeted and appropriated separate from the county stormwater committee's other operations. If resolutions or ordinances are adopted as provided in this subsection, the former drainage district levy shall not expire and, if extended, the county shall not exceed the rate of the last assessment of the former drainage district. (h) This Section only applies to drainage districts: (1) wholly or partially contained within the Lake Michigan Watershed, Chicago/Calumet Watershed, Des Plaines River Watershed, or Fox River Watershed; and (2) wholly contained within a county with a stormwater management planning committee operating under Section 5-1062 of the Counties Code.
(Source: P.A. 101-298, eff. 1-1-20.) |
(70 ILCS 605/10-8) (from Ch. 42, par. 10-8)
Sec. 10-8.
Dissolution-Effect of order-Procedure following dissolution.
If an order is entered by the court dissolving a district, the district
shall thenceforth cease to be a body politic and corporate. The
commissioners of the district shall become vested as trustees with the
title to all property of the district, both real and personal, except the
drains, levees and other works of the district and the rights-of-way upon
which the same are situated, and shall hold in trust all funds belonging to
the district at the time of the entry of the order of dissolution. The
commissioners shall in the manner directed by the court advertise and sell
the real and personal property belonging to the district. The proceeds of
any such sale and any other funds passing to the commissioners shall be
used to pay the debts of the district, the costs of sale and any other
costs and expenses incurred subsequent to the entry of the order of
dissolution, and all remaining surplus funds shall be rebated equitably to
the landowners. The persons entitled to any such rebate shall be those
persons who owned the land on the date of the filing of the petition for
dissolution. The commissioners shall make a report to the court of their
acts in making any such sale, and they shall report to the court the names
of the persons to whom any rebate is proposed to be made and the amounts of
such rebates. Such report may be heard by the court upon such notice as the
court may direct, and the court at such hearing shall determine all
questions with regard to any proposed rebate. Such rebates shall be paid
out in like manner and with like effect as rebates paid out under Section
5-30.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-9) (from Ch. 42, par. 10-9)
Sec. 10-9.
Dissolution-Subdistricts and minor subdistricts upon petition of
landowners.
Subdistricts and minor subdistricts may be dissolved upon petition of
landowners in the same manner as provided in this Article for main
districts. The dissolution of a main district shall not result in the
dissolution of the subdistricts or minor subdistricts included therein
unless the order dissolving the main district expressly so states and
neither shall the dissolution of a subdistrict result in the dissolution of
the minor subdistricts included therein unless the order dissolving the
subdistrict expressly so states. In any subdistrict not dissolved at the
time of dissolution of the main district, the subdistrict shall continue in
existence and shall have its own commissioners and other officers in the
same manner as though it had been originally organized as a main district
under this Act. The commissioners and other officers of the dissolved
district shall continue as commissioners and officers of the subdistrict
until their successors are selected and have qualified as hereinbefore
provided in this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-10) (from Ch. 42, par. 10-10)
Sec. 10-10.
Dissolution-Subdistrict or minor subdistrict upon petition of
commissioners.
In addition to the method provided in Section 10-9, when the drainage
system of a subdistrict is of the same character, type or nature as any
part of the drainage system of the main district, the commissioners of the
subdistrict may petition the court to dissolve the subdistrict. Such
petition must show: (a) the reasons for dissolving the subdistrict; (b)
that there are no debts of the subdistrict outstanding or that there are
sufficient funds on hand or available to satisfy such debts; (c) that no
contract will be impaired by the dissolution of the subdistrict; and (d)
that the drainage system of the subdistrict is of the same character, type
or nature as some part of the drainage system of the main district. The
petition shall be signed by the commissioners and be verified by at least
one commissioner. Time for hearing of the petition shall be fixed and
notice thereof given as provided by Section 10-6.
At the hearing the court shall determine whether there is good reason
for dissolving the subdistrict and whether the allegations of the petition
are true. If the court finds for the petitioners it shall order dissolution
and the main district shall thereupon succeed to the drainage system, funds
and property of the dissolved subdistrict and be responsible for the
performance and fulfillment of the duties and obligations of the dissolved
subdistrict.
When the drainage system of a minor subdistrict is of the same
character, type or nature as any part of the drainage system of the
subdistrict in which it is located, the minor subdistrict may be dissolved
upon petition of the commissioners of the minor subdistrict in the same
manner and subject to the same conditions as is provided by this section
for the dissolution of a subdistrict. If a minor subdistrict is so
dissolved the subdistrict in which it is located shall thereupon succeed to
the drainage system, funds and property of the dissolved minor subdistrict
and be responsible for the performance and fulfillment of the duties and
obligations of the dissolved minor subdistrict.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/10-11) (from Ch. 42, par. 10-11)
Sec. 10-11.
Dissolution-Drains and levees to remain for common use-Exception.
Whenever a district, subdistrict or minor subdistrict has been dissolved
as hereinbefore provided, other than dissolution of a subdistrict or minor
subdistrict under the provisions of Section 10-10, all drains, levees and
other works thereof and the rights-of-way upon which the same are situated
shall be deemed to be for the mutual benefit of the lands formerly in the
district, subdistrict or minor subdistrict so dissolved and shall be
subject to the provisions of Section 2-9, 2-10 and 2-11.
However, when a subdistrict or minor subdistrict is dissolved under the
provisions of Section 10-10, then all such drains, levees and other works
and the rights-of-way upon which the same are situated belonging to the
suborganization shall become the property of the district or subdistricts
so taking over such drainage system.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/Art. XI heading) ARTICLE XI.
CLAIMS AGAINST AND CONTRACTS WITH OTHER DISTRICTS AND MUNICIPAL
CORPORATIONS EXERCISING DRAINAGE POWERS
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(70 ILCS 605/11-1) (from Ch. 42, par. 11-1)
Sec. 11-1.
Right
to connect drains and levees.
Any drainage district may connect its drains, in the course of natural
drainage, or its levees to the drains or levees of another district or to
the storm drains or levees of a municipal corporation exercising drainage
powers. Any municipal corporation exercising drainage powers may connect
its storm drains, in the course of natural drainage, or its levees to the
drains or levees of a drainage district. If, by reason of such connection,
lands or other property in the district or municipal corporation making the
connection receive benefits from work theretofore or thereafter constructed
by the other public body, then the district or municipal corporation making
the connection shall be liable to the district or municipal corporation
conferring the benefits for the just proportion of the cost of such work
and of the cost of the enlargement, improvement, maintenance, repair and
operation thereof based upon the relation which the benefits to the lands
in the district or municipal corporation making the connection bear to the
entire benefits from such work. Whenever the connection is made for the
purpose of obtaining an outlet, such connection in itself shall be prima
facie evidence of the fact that lands and other property in the district or
municipal corporation making the connection are benefited by such work.
Any district may, by a contract in writing with another district or with
a municipal corporation exercising drainage powers approved in the manner
provided in Sections 11-5, 11-6 and 11-7, obtain the right to connect
its drains other than in the course of natural drainage to the drains of
the other districts or to the storm drains of the municipal corporation.
Any municipal corporation exercising drainage powers may in like manner
obtain the right to connect its drains other than in the course of natural
drainage to the drains of a drainage district. If a drainage district or
municipal corporation exercising drainage powers, by reason of connecting
its drains other than in the course of natural drainage, causes damage to
any lands or other property by flooding or otherwise, it is liable for such
damage to the owners thereof or other persons interested therein and such
liability shall not be avoided by the terms of any contract between the two
bodies.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-2) (from Ch. 42, par. 11-2)
Sec. 11-2.
Liability for benefits conferred by districts.
Whenever any work constructed or ordered to be constructed by any
drainage district has benefited or will benefit lands outside of that
district but within the boundaries of another district or within the
boundaries of a municipal corporation exercising drainage powers, the other
district or the municipal corporation is liable to the district conferring
such benefits for the just proportion of the cost of such work and of the
cost of the enlargement, improvement, maintenance, repair and operation
thereof based upon the relation which the benefits to the lands in the
other district or the municipal corporation bear to the entire benefits
from such work.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-3) (from Ch. 42, par. 11-3)
Sec. 11-3.
Liability for benefits conferred by municipal corporations.
Whenever any drainage or levee work constructed or ordered to be
constructed by any municipal corporation exercising drainage powers has
benefited or will benefit lands outside of such municipal corporation but
within the boundaries of a drainage district, the district is liable to the
municipal corporation constructing such work for its just proportion of the
cost of such work and the enlargement, improvement, maintenance, repair and
operation thereof, based upon the relation which the benefits to the lands
in the district bear to the entire benefits from such work.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-4) (from Ch. 42, par. 11-4)
Sec. 11-4.
Contracts adjusting claims for benefits.
Whenever a drainage district has a claim against another district or
against a municipal corporation exercising drainage powers, or a municipal
corporation exercising drainage powers has a claim against a drainage
district for a portion of the cost of constructing, enlarging, improving,
maintaining, repairing or operating any drainage or levee work, the
commissioners of the 2 districts or the commissioners and the corporate
authorities of the municipal corporation, as the case may be, may enter
into a written contract settling and adjusting the claim for benefits and
fixing the proportionate share of the cost of future maintenance and repair
work and operating expenses to be borne by the benefited district or
municipal corporation.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-5) (from Ch. 42, par. 11-5)
Sec. 11-5.
Petition for approval of contracts adjusting claims for benefits.
Before a contract adjusting a claim for benefits becomes effective it
must be approved by the court or courts having jurisdiction over the
drainage district or districts. The commissioners of any district entering
into such a contract shall petition the court having jurisdiction over that
district for the approval of the contract. A copy of the contract shall be
attached to the petition. If the contract is between 2 drainage districts
under the jurisdiction of the same court the commissioners of the 2
districts may join in the same petition.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-6) (from Ch. 42, par. 11-6)
Sec. 11-6.
Setting
petition for hearing-Notice.
Upon the filing of a petition for the approval of a contract settling
and adjusting a claim for benefits it shall be presented to the court,
which shall fix the date and hour for hearing. If the contract is between a
drainage district and a municipal corporation exercising drainage powers
and such municipal corporation was made a party to the proceeding in which
the performance of the work was authorized, then the petition may be heard
without notice or upon such notice as the court may direct. If the contract
is between 2 drainage districts, or if the contract is between a drainage
district and a municipal corporation and the municipal corporation was not
a party to that proceeding, then the clerk of the court shall publish
notice of the hearing on the petition in a newspaper of general circulation
published in the county in which the petitioning district is situated. The
notice shall be entitled "Drainage Notice", shall be addressed "To All
Persons Interested" and must state (a) in what court and on what date the
petition was filed, (b) in summary form, the terms of the contract,
including the names of the parties to the contract and (c) the place, date
and hour the petition will be heard. The notice shall be published once
each week for 2 successive weeks and the first publication of the notice
shall be at least 2 weeks prior to the date fixed for hearing. When a
petitioning district is situated in 2 or more counties then such notice
shall be given as aforesaid by publishing the same in a newspaper of
general circulation published in each of said counties. If no newspaper of
general circulation is published in any such county, then publication of
the notice shall be in a newspaper having general circulation in that
county. Notice by mailing shall not be required.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-7) (from Ch. 42, par. 11-7)
Sec. 11-7.
Hearing
on petition-Appeals.
At such hearing all persons interested shall have the right to appear
and be heard. The court may approve or disapprove the contract or, with the
consent of the parties to the contract, may modify it. Separate or joint
appeals may be taken from the final order of the court as in other civil
cases.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/11-8) (from Ch. 42, par. 11-8)
Sec. 11-8.
Fixing
proportionate share of costs when unable to agree.
Whenever a drainage district has a claim against another district or
against a municipal corporation exercising drainage powers, or a municipal
corporation exercising drainage powers has a claim against a drainage
district for a portion of the cost of constructing, enlarging, improving,
maintaining, repairing or operating any drainage or levee work, and the
commissioners of the 2 districts or the commissioners and the corporate
authorities of the municipal corporation, as the case may be, are unable to
agree upon any or all of the terms of a written contract settling and
adjusting the claim for benefits, then the proportionate share of the cost
of such work to be borne by the benefited body shall be fixed by a court.
If the claim is made by a drainage district and the other district or
the municipal corporation, as the case may be, was made a party to the
proceeding authorizing the performance of the work, then the amount of such
benefits shall be fixed in the assessment proceeding at the time and as a
part of the hearing on the assessment roll. If the claim is made by a
drainage district and the other district or the municipal corporation, as
the case may be, was not made a party to the proceeding authorizing the
performance of the work or if the claim is made by a municipal corporation,
then the commissioners of the district performing the work or the corporate
authorities of the municipal corporation performing the work, shall file a
complaint in the circuit court of the county in which the defendant, or any
part thereof, is situated or in any other court of competent jurisdiction.
The pleadings and practice shall be as provided by the Civil Practice Law.
A copy of the plans, profiles and specifications, together with a summary
of the cost of the work done or an estimate of the cost of the work ordered
to be done shall be attached to or filed with the complaint.
(Source: P.A. 82-783.)
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(70 ILCS 605/11-9) (from Ch. 42, par. 11-9)
Sec. 11-9.
Counterclaims-Annual benefits.
In any such proceeding, the defendant may, by counterclaim, set off or
recoup any benefits which the defendant may have conferred upon the lands
or other property in the plaintiff district or municipal corporation. If
the plaintiff district has levied an annual maintenance assessment or if
the plaintiff municipal corporation levies an annual tax for the purpose of
repairing, maintaining or operating the drainage or levee work conferring
such benefits, then, in such proceeding, the plaintiff may inquire into and
determine the amount of the annual benefits which the defendant will
receive from the repair, maintenance or operation of such work and the
defendant may likewise set off or recoup the amount of annual benefits
which the plaintiff will receive from the repair, maintenance or operation
of drainage or levee work of the defendant.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-10) (from Ch. 42, par. 11-10)
Sec. 11-10.
Procedure at trial - View by jury.
The issues arising on
a complaint filed under Section 11-8 shall be
tried as in an action under the Civil Practice Law. If tried
before a jury, the jury may view the work and premises if a request for
such a view is made in the manner provided in Section 5-11.
(Source: P.A. 82-783.)
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(70 ILCS 605/11-11) (from Ch. 42, par. 11-11)
Sec. 11-11.
Judgment.
Upon the conclusion of the hearing, the court shall enter judgment
according to its findings or according to the verdict of the jury, as the
case may be. If judgment is entered for the payment of money, then the court
shall also order the district or municipal corporation against which
judgment is entered to pay, or to take such steps as may be
necessary to pay,
such judgment. Appeals may be taken as in other civil cases.
(Source: P.A. 84-547.)
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(70 ILCS 605/11-12) (from Ch. 42, par. 11-12)
Sec. 11-12.
Effect of judgment fixing annual benefits.
A judgment fixing the amount of annual benefits between the parties
constitutes the measure of liability between them for the repair,
maintenance and operation of the work for which such judgment was given and
any amounts coming due thereunder shall be payable at such times as the
court may direct. The judgment for such benefits may, however, be modified
or set aside upon the application of either the plaintiff or the defendant
when circumstances have so changed as to make the judgment inequitable or
unjust as to either party.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-13) (from Ch. 42, par. 11-13)
Sec. 11-13.
Limitation of action for benefits.
No complaint or counterclaim seeking to establish liability for or to
recoup or set off benefits under this Article may be filed more than 5
years after the completion of the work or the making or enlarging of the
connection.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-14) (from Ch. 42, par. 11-14)
Sec. 11-14.
Joint
systems.
Any 2 or more adjoining drainage districts may by contract establish
joint systems of drains, levees, pumping plants or other works and provide
for the construction, reconstruction, repair, maintenance and operation
thereof. For the purposes of this Article, districts shall be considered as
adjoining when any portion of their boundaries are contiguous or overlap.
When the joint system is established by more than two districts it shall
not be necessary for each of the districts to adjoin each of the other
districts but it shall be sufficient if each district adjoins one of the
other districts.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-15) (from Ch. 42, par. 11-15)
Sec. 11-15.
Approval of contract establishing joint system.
The contract establishing the joint system shall be reduced to writing
and before it becomes effective it must be approved by the court or courts
having jurisdiction over the drainage districts. The commissioners of any
district entering into such a contract shall petition the court having
jurisdiction over that district for approval of the contract. A copy of the
contract shall be attached to the petition. If the contract is between 2 or
more districts under the jurisdiction of the same court the commissioners
of such districts may join in the same petition.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-16) (from Ch. 42, par. 11-16)
Sec. 11-16.
Setting petition for hearing-Notice.
Upon the filing of a petition for the approval of a contract
establishing a joint system, it shall be presented to the court, which
shall fix the date and hour for hearing. The clerk of the court shall
publish notice of the hearing on the petition in a newspaper of general
circulation published in the county in which the petitioning district is
situated. The notice shall be entitled "Drainage Notice", shall be
addressed "To All Persons Interested" and must state (a) in what court and
on what date the petition was filed, (b) in summary form, the terms of the
contract, including the names of the parties to the contract, and (c) the
place, date and hour the petition will be heard. The notice shall be
published once each week for 2 successive weeks and the first publication
of the notice shall be at least 2 weeks prior to the date fixed for
hearing. When a petitioning district is situated in 2 or more counties,
then such notice shall be given as aforesaid by publishing the same in
newspapers of general circulation published in each of said counties. If no
newspaper of general circulation is published in any such county, then
publication of the notice shall be in a newspaper having general
circulation in that county. Notice by mailing shall not be required.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/11-17) (from Ch. 42, par. 11-17)
Sec. 11-17.
Hearing on Petition-Appeals.
At such hearing, all persons interested shall have the right to appear
and be heard. The court may approve or disapprove the contract or, with the
consent of the parties to the contract, may modify it. Separate or joint
appeals may be taken from the final order as in other civil cases.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/Art. XII heading) ARTICLE XII.
MISCELLANEOUS PROVISIONS--PENALTIES
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(70 ILCS 605/12-1) (from Ch. 42, par. 12-1)
Sec. 12-1.
Lands
within district-Right to use district drains.
A landowner within any drainage district has the right to use the
ditches and drains of the district as outlets for any drains, either open
or covered, which he may desire to construct for the more complete drainage
of his own land; provided, however, that hereafter when any such drain is
connected with any ditch or drain of the district, a proper bulkhead,
spillway, drop box, pipe outlet, junction box or other suitable structure
shall be constructed and thereafter maintained by the landowner so as to
prevent damage to the ditch or drain of the district. The landowner shall
obtain the approval of the commissioners as to the type, design and method
of construction of the structure before making any connection and the
construction thereof shall be subject to the supervision and control of the
commissioners. Any landowner who fails to construct such an outlet
structure is liable for all damages resulting from such failure. If, after
written request by the commissioners to do so, the landowner fails or
refuses to construct such an outlet structure, then the district may build
the same and recover the cost thereof from the landowner.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-2) (from Ch. 42, par. 12-2)
Sec. 12-2.
Lands
within district-Rights of drainage.
Land included within a district shall continue to have the same rights
of drainage, both common law and statutory, as land not within an organized
drainage district, except insofar as the drainage system of the district
may vary from or be inconsistent with natural drainage. The construction of
a covered drain by a drainage district in the course of natural drainage or
along the course of an open ditch shall not in itself be considered to be
an abandonment of the natural drain or the open ditch.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-3) (from Ch. 42, par. 12-3)
Sec. 12-3.
Right
of landowner to use right-of-way of district.
The owner of any land over, through or across which a district has
acquired a right-of-way for the construction and maintenance of an open or
covered drain by grant, dedication, condemnation or otherwise, may use the
land occupied by such right-of-way in any manner not inconsistent with the
paramount easement of the district. Any use of the right-of-way which will
interfere with the operation of the drain or will increase the cost to the
district of performing any of its work thereon is deemed to be inconsistent
with the district's easement. No permanent structures, including bridges
and fords, shall be placed on the right-of-way by a landowner without first
obtaining the express consent of the commissioners of the district.
Temporary structures, including fences, may be placed on or across the
right-of-way without the necessity of obtaining the consent of the
commissioners, but shall be removed by the landowner whenever he is
notified to do so by the commissioners. A landowner may pasture livestock
in an open ditch, but if, in so doing, the ditch is damaged, the owner
shall repair such damage, and if he fails to make such repairs, he is
liable to the district for the cost of such repairs and all expenses
incident thereto.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-4) (from Ch. 42, par. 12-4)
Sec. 12-4.
Highway
and railroad bridges.
Whenever a district drain crosses an existing air-strip or airplane
landing field owned by any county, township, city, village, Park District,
Port District, airport authority, or any other political subdivision or
municipality of this state, or which is owned, controlled, operated or
leased by another state or a political subdivision of another state under
the provisions of Sections 25.01 to 25.04, both inclusive, of the "Illinois
Aeronautics Act", or an existing public highway or an existing railroad
other than in the course of natural drainage, the district is liable to the
highway authority or the railroad, or the political subdivision or
municipality which owns the air-strip or airplane landing field, for the
cost of constructing any bridge or culvert made necessary by such crossing
and shall thereafter be liable to the highway authority or railroad, or the
political subdivision or municipality which owns the air-strip or airplane
landing field, for the cost of repairing and maintaining such a bridge or
culvert.
Whenever a natural drain or a ditch constructed in the course of natural
drainage crosses a public highway or a railroad, or an air-strip or
airplane landing field, the highway authority or the railroad, or the
political subdivision or municipality which owns the air-strip or airplane
landing field, shall construct and thereafter keep in repair and maintain a
bridge or culvert of sufficient length, depth, height above the bed of the
drain or ditch, and capacity to subserve the needs of the public with
respect to the drainage of the lands within the natural watershed of such
drain or ditch, not only as such needs exist at the time of construction,
but for all future time.
When a ditch of a district has been, or is to be, constructed in the
course of natural drainage across or under a railroad and the bridge or
culvert of such railroad is not of sufficient length, depth, height or
capacity to allow the water to flow through the same without substantial or
material obstruction, the commissioners shall give notice to such railroad
to enlarge or replace the bridge or culvert so that the water can pass
through the bridge or culvert without substantial material obstruction. If
the railroad fails, neglects or refuses to so enlarge or replace the bridge
or culvert within 6 months after being so notified, then the railroad, in
addition to being liable for all damages caused to land, crops and other
property, is liable to the district for damages in the sum of $25.00 for
each day beyond the 6 months period that it failed, neglected or refused to
so enlarge or replace the bridge or culvert. Such damages may be recovered
by the district by an action at law in any court of competent jurisdiction.
If, in the construction, reconstruction, repair or maintenance of a
district ditch in the course of natural drainage, it becomes necessary that
a railroad bridge be temporarily removed to permit the performance of such
work upon railroad right-of-way, the commissioners shall give the railroad
reasonable notice of such fact and the railroad shall, at its own expense
and without cost to the district, either perform such work on its own
right-of-way or remove such bridge and, upon completion of the work,
replace the same. The district shall perform its work with as little
interruption to the traffic on the railroad as circumstances permit. If the
railroad fails, neglects or refuses to perform such work or remove the
bridge by the time specified in such notice, then the railroad, in addition
to being liable to the district for the actual damages sustained, is liable
for punitive damages in the sum of $25 for each day beyond the time
specified in the notice that it so failed, neglected or refused to perform
such work or to remove the bridge.
If a district, by deepening, widening or straightening a natural drain
or by changing the established grade, width or alignment of a ditch,
removes or threatens to remove the support from under any abutment, pier,
wingwall or other supporting member of a highway or railroad bridge, or an
airstrip or airplane landing field, the district is liable to the highway
authority or railroad, or the political subdivision or municipality which
owns the air-strip or airplane landing field, for the cost of protecting or
underpinning such abutment, pier, wingwall or other supporting member. The
amount of such liability may be fixed and determined by agreement between
the drainage commissioners and the highway authority or railroad, or the
political subdivision or municipality which owns the airstrip or airplane
landing field, or by the allowance of damages in the assessment proceeding
or, if there is no assessment proceeding, then by separate action at law.
Nothing contained in this paragraph shall be construed as relieving the
highway authority or railroad, or the political subdivision or municipality
which owns the air-strip or airplane landing field, from its obligation to
construct and maintain adequate bridges or culverts over natural drains or
over ditches constructed in the course of natural drainage as hereinabove
provided in the second paragraph of this section.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/12-5) (from Ch. 42, par. 12-5)
Sec. 12-5.
Farm
bridges.
In districts organized prior to June 28, 1919, under the Farm Drainage
Act, the districts shall continue to be liable for the construction,
reconstruction and maintenance of at least one bridge or proper passageway
over each open ditch constructed or ordered constructed prior to the
effective date of this Act where the same crosses any enclosed tract or
parcel of land in such a manner that a portion thereof is landlocked and
has no access from any public highway other than by a bridge or passageway
over the ditch. The cost of constructing, reconstructing and maintaining
such bridge or crossing shall be paid by the district, except that the
commissioners may contract with the owner of any land crossed by the ditch
for such owner to construct, reconstruct and maintain any such bridge or
crossing, or they may enter into any other agreement with such owner by
which the district may be relieved of or released from such liability. If
the commissioners and the owner are unable to reach such an agreement, the
district may cause the amount of compensation to be paid for a release from
such liability to be determined in the manner provided in Section 4-17 of
this Act.
In districts organized under the Farm Drainage Act prior to June 28,
1919, as to ditches ordered constructed after the effective date of this
Act, and in all other districts, whether organized under this Act or any
prior act, the district is not required to construct, reconstruct, enlarge
or maintain any farm bridge or other private bridge across a district
ditch, but the cost thereof, when occasioned by the work of the district,
shall be taken into consideration in determining the amount to be allowed
to the landowner for damages to land not taken. Nothing contained in this
paragraph shall be construed to prevent such damages from being fixed by
agreement of the parties or to prevent the district from assuming liability
for the construction, reconstruction, enlargement and maintenance of a farm
bridge or other private bridge in order to reduce the amount of damages to
which the owner may be entitled.
If a district, by deepening, widening or straightening a natural drain,
or by changing the established grade, width or alignment of a ditch,
removes or threatens to remove the support from under any abutment, pier,
wingwall or other supporting member of a private bridge, the district is
liable to the owner for the cost of protecting or underpinning such
abutment, pier, wingwall or other supporting member. The amount of such
liability may be fixed and determined by agreement between the
commissioners and the owner, or by the allowance of damages to land not
taken in the assessment proceeding or, if there is no assessment
proceeding, or, then by a separate action at law. Nothing contained in this
paragraph shall be construed as requiring the district to build or enlarge
any farm bridge or other private bridge and neither shall it be construed
as altering or in any way affecting any agreement between the district and
the owner relieving or releasing the district from liability for the
construction, reconstruction, enlargement or maintenance of a bridge.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-6) (from Ch. 42, par. 12-6)
Sec. 12-6.
When
land may be in more than one district.
If the work of a district or a proposed district includes the
construction of a levee to protect the lands within the district from
overflow, or the erection and operation of a pumping plant, or both, then
all lands so protected may be included within the district, either at the
time of organization or by subsequent annexation. The fact that a portion
of those lands are already within the boundaries of another district shall
not prevent their inclusion in the district so constructing or proposing to
construct the levee and pumping plant if the drainage system of such other
district does not include a levee and pumping plant. If a ditch or covered
drain leading from lands lying within one drainage district is connected,
other than by the drainage system of that district, with a ditch or covered
drain of another district and such lands are benefited by the ditch or
covered drain of the other district, then the lands so connected and
benefited may be included in or annexed to the other district and the fact
of such connection shall be deemed to be a waiver of any objection to such
inclusion or annexation upon the ground that such land is already within
the boundaries of and subject to assessment by an organized drainage
district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-7) (from Ch. 42, par. 12-7)
Sec. 12-7.
Penalty
for obstructing or injuring drain, drainage structure, levee or pumping
plant.
Whoever wilfully obstructs, injures or destroys any covered drain
constructed through the lands of others as provided in Section 2-6 of this
Act, or any other drain, levee, drainage structure or pumping plant,
whether private, mutual or district, is guilty of a Class A misdemeanor.
The dumping of trash, refuse or debris into an open drain shall be treated
and considered as obstructing a drain.
The pollution of the water of any drain of any drainage district shall
be considered an injury to such drain, within the meaning of this Section.
Pollution shall be deemed to be wilful, within the meaning of this Section,
if the person, firm or corporation responsible for such pollution shall
allow the same to continue for more than 60 days after written notice from
the commissioners to abate the same.
Whoever wilfully cuts or breaches any private, mutual or district levee
is guilty of a Class 3 felony.
Any fines collected under this Section for the obstruction, injury or
destruction of a district drain, drainage structure or pumping plant or for
the cutting or breaching of any district levee shall be paid over to the
district.
In addition to the criminal penalty imposed by this Section, whoever
wilfully or negligently obstructs, injures, cuts, breaches or destroys a
private, mutual or district drain or drainage structure, levee or pumping
plant is liable for the cost of repairing or reconstructing the same and
for any damage to lands, crops or other property that may have resulted
therefrom.
(Source: P.A. 77-2405.)
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(70 ILCS 605/12-8) (from Ch. 42, par. 12-8)
Sec. 12-8.
Penalty
for preventing entry by commissioners upon lands or right-of-way.
Whoever wilfully prohibits, prevents or obstructs the commissioners of a
district or their agents from going upon lands either within or outside of
the district for the purpose of examining the same or making surveys in
connection with the work of the district, or wilfully prohibits, prevents
or obstructs the commissioners of a district, their agents, employees or
contractors from going upon the right-of-way of the district with their
servants, tools, machinery, instruments and other equipment for the purpose
of constructing, reconstructing, repairing or maintaining the work of the
district, is guilty of a Class A misdemeanor. Each day's hindrance
constitutes a separate offense.
Any fine collected under this Section shall be paid over to the
district. In addition to the criminal penalty imposed by this Section,
whoever hinders the work is liable for all damages which may have been
sustained by reason thereof to be recovered in a civil action.
(Source: P.A. 77-2405.)
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(70 ILCS 605/12-9) (from Ch. 42, par. 12-9)
Sec. 12-9.
Penalty for preventing construction or repair of private drain.
Whoever wilfully prohibits, prevents or delays the construction or
repair of any drain through the land of others, as provided in Section 2-6,
is guilty of a Class A misdemeanor. Each day's hindrance constitutes a
separate offense.
(Source: P.A. 77-2405.)
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(70 ILCS 605/12-10) (from Ch. 42, par. 12-10)
Sec. 12-10.
Penalty for failure or refusal of commissioner to perform duties-Removal
from office.
Any commissioner appointed under the provisions of this Act who wilfully
fails or refuses to perform any duty imposed upon him by this Act is guilty
of a Class A misdemeanor. Any fines collected under this Section shall be
paid over to the district.
Conviction under this Section is cause for removal from office.
(Source: P.A. 77-2405.)
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(70 ILCS 605/12-11) (from Ch. 42, par. 12-11)
Sec. 12-11.
Withdrawal of signature from petition.
After a landowners petition has been filed with the court under any of
the provisions of this Act, a petitioner may withdraw his signature from
the petition only with the consent of a majority of the other petitioners,
or upon a satisfactory showing to the court that his signature was obtained
by fraud or misrepresentation.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-12) (from Ch. 42, par. 12-12)
Sec. 12-12.
Additional signers to petition.
At any time before the conclusion of the hearing on a landowners
petition filed with the court under any of the provisions of this Act,
other landowners shall be permitted to join as petitioners and upon so
joining they shall be considered as signers in determining the sufficiency
of the petition.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-13) (from Ch. 42, par. 12-13)
Sec. 12-13.
Deeds, petitions and contracts in fraud of act.
All deeds, made for the purpose of preventing or aiding the organization
of a district or for the purpose of preventing or aiding any other
proceeding taken under this Act, and not made in good faith, are in fraud
of the provisions of this Act.
If the court in which a petition for the organization of a district is
pending finds that any other petition for the organization of another
district which includes a portion only of the lands involved in the pending
petition is on file, yet if the court finds (a) that the petition first
filed was filed for the primary purpose of preventing the organization of
the other proposed district or for the purpose of preventing the lands or
some of the lands described therein from being included in the other
proposed district, (b) that all of the lands included in the petition first
filed are included in the petition for the other proposed district, and (c)
that the lands described in the petition first filed will be protected and
drained as adequately and as cheaply by the works proposed in the petition
under consideration as they would be by any works which might be
constructed by the proposed district described in the petition first filed;
then such petition first filed shall be deemed in fraud of the provisions
of this Act, and the fact that such petition was first filed shall not be a
valid objection to the granting of the prayer of the petition under
consideration or to the inclusion of such land in the proposed district.
If the court in which a petition for the organization of a district is
pending finds that a district including a portion only of the lands
involved in the petition under consideration has been organized by mutual
agreement, yet if the court finds (a) that such mutual district has neither
constructed nor contracted to construct any substantial drainage or levee
work, (b) that such mutual district was organized for the primary purpose
of preventing the organization of the other proposed district or preventing
the lands or some of the lands in the mutual district from being included
in the other proposed district, (c) that all the lands included in the
mutual district are included in the petition for the other proposed
district, and (d) that the lands in the mutual district will be protected
and drained as adequately and as cheaply by the works proposed in the
petition under consideration as they would be by any works which may be
constructed by the mutual district, then the agreement organizing the
mutual district shall be deemed in fraud of the provisions of this Act, and
the fact that such mutual district has been organized shall not be a valid
objection to the granting of the prayer of the petition under consideration
or the inclusion of such lands in the proposed district.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-14) (from Ch. 42, par. 12-14)
Sec. 12-14.
Separate petitions not required.
Whenever the commissioners of a district petition the court for
authority to do or perform any act or thing specified in this Act, such
petition may also seek authorization from the court to do or perform other
acts and things specified elsewhere in this Act and it shall not be
necessary for the commissioners to file separate petitions with the court
for each act or thing for which authorization is sought.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-15) (from Ch. 42, par. 12-15)
Sec. 12-15.
Continuances and amendments.
Except as otherwise specifically provided in this Act, any hearing may
be continued generally or to a day certain and from time to time as other
civil cases. Any petition, report, assessment roll or other pleading may be
amended as in other civil cases.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-16) (from Ch. 42, par. 12-16)
Sec. 12-16.
Appeals.
Unless otherwise provided in this Act, appeals may be taken from the
final judgments or orders as in other civil cases. An appeal from a
judgment on an assessment roll shall be taken in the time and manner as is
now or may hereafter be provided for taking an appeal from a judgment on
the collector's application for judgment and order of sale for delinquent
general taxes. Appeals may be joint or separate. No appeal shall affect the
validity of any order or judgment as to any tract of land or other property
not directly involved in such appeal, except as provided in Sections 3-25
and 8-6 of this Act.
(Source: Laws 1967, p. 3809.)
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(70 ILCS 605/12-17) (from Ch. 42, par. 12-17)
Sec. 12-17.
Construction of act-Effect of omissions, imperfections or defects in
proceedings.
This Act shall be liberally construed to promote drainage for
agricultural, sanitary and mining purposes. The collection of assessments
shall not be defeated by reason of any omission, imperfection or defect not
substantial in nature occurring in the organization of any district or in
any of the proceedings prior to the order confirming an assessment, but
such order shall be conclusive that all prior proceedings were regular and
according to law.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-18) (from Ch. 42, par. 12-18)
Sec. 12-18.
Insufficient notice-Default.
If for any reason the clerk of the court fails to give proper notice of
the hearing on any report, petition or assessment roll, such failure shall
not be grounds for dismissing the report, petition or roll, but the court
shall continue the cause and direct that proper notice be given. Neither
shall it be valid ground for objection on the part of any landowner that
any other landowner has not received proper notice. If proper notice is
given and any landowner fails to appear within the time specified or within
any further time allowed him by the court, then a default may be taken
against him in the same manner and with the same effect as in other civil
proceedings.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-19) (from Ch. 42, par. 12-19)
Sec. 12-19. Cooperation with other public agencies.
Commissioners of a district shall cooperate in the exchange of
information pertaining to drainage with the commissioners of other
districts and with local, State and Federal governments, officers and
agencies operating in fields affecting or related to drainage, including,
but not restricted to, the Department of Natural Resources, the State Water
Resources and Flood Control Board, the
State Soil Conservation Advisory Board, the State Geological Survey of the University of Illinois, and the State Water Survey of the University of Illinois.
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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(70 ILCS 605/12-20) (from Ch. 42, par. 12-20)
Sec. 12-20.
Annual assessments in existing districts-Changeover to this act.
In any district heretofore organized or existing under the Levee Act in
which, prior to the effective date of this Act, there has been levied an
assessment of the "Annual Amounts of Benefits" upon the lands in such
district for keeping the levees, ditches and other works in repair or to
maintain in operation any pumping plant, such assessment of "Annual Amount
of Benefits" shall continue as the annual maintenance assessment in such
district under the provisions of this Act until the same shall be
increased, reduced, abated or otherwise changed or a new annual maintenance
assessment levied in lieu thereof by proceedings under this Act.
Any annual maintenance assessments due and unpaid at the time this Act
becomes effective shall be collectible in the same manner as if this Act
had not been enacted and, in addition, any remedies for the collection of
annual maintenance assessments provided by this Act shall be available for
the collection of any such annual maintenance assessments due and unpaid on
the effective date of this Act.
(Source: Laws 1961, p. 3578.)
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(70 ILCS 605/12-21) (from Ch. 42, par. 12-21)
Sec. 12-21.
Partial invalidity.
The invalidity of any provision or Section of this Act shall not affect
the validity of the remainder of this Act.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-22) (from Ch. 42, par. 12-22)
Sec. 12-22.
Repealing section.
This Act is intended as a complete revision, consolidation and
codification of all the statutes of this State relating to the
organization and operation of drainage districts and the construction of
drains, ditches and levees for agricultural, sanitary and mining
purposes and the following acts and all acts amendatory thereof are
repealed:
"An Act to provide for the construction, reparation and protection of
drains, ditches and levees, across the lands of others, for
agricultural, sanitary and mining purposes, and to provide for the
organization of drainage districts", approved May 29, 1879;
"An Act to provide for drainage for agricultural and sanitary
purposes, and to repeal certain acts therein named," approved June 27,
1885;
"An Act to authorize certain drainage and levee districts to acquire,
maintain and operate dredge boats for the construction and preservation
of drains, ditches and levees", approved May 16, 1905;
"An Act to authorize drainage districts and special drainage
districts to acquire, maintain and operate dredge boats and other
necessary equipment for the construction and preservation of drains and
ditches," approved June 26, 1923;
"An Act to authorize certain drainage and levee districts to acquire,
maintain and operate dredge boats, land dredges and other necessary
equipment for the construction and preservation of drains, ditches and
levees," approved July 1, 1941;
"An Act to provide for the construction and maintenance of a levee or
levees in special drainage districts and to legalize and validate former
proceedings, bonds, orders indebtedness and expenditures had, issued or
incurred in regard to, on account of, or with the view to the erection
and maintenance of such levee or levees," approved June 26, 1923;
"An Act to authorize the organization of drainage and levee districts
for the purpose of accepting works constructed or proposed to be
constructed by the United States of America, to authorize existing
districts to accept such works, to authorize all districts to comply
with the conditions imposed in connection with the construction of such
works, and to empower two or more districts to cooperate in accepting
and maintaining such works," approved June 12, 1937;
"An Act to enable the owners of farm lands which form any part of a
drainage district, in which there is located in whole or in part a city,
town or village, to reorganize as a separate drainage district with
certain rights and duties in relation thereto", filed June 26, 1917;
"An Act to extend the time and provide for the payment of assessments
of benefits in drainage districts", approved May 22, 1885;
"An Act in relation to the abatement of assessments for benefits in
drainage districts", filed July 13, 1933;
"An Act to maintain and improve county ditches heretofore constructed
to drain swamp and overflowed lands", approved June 23, 1883;
"An Act declaring legal drains heretofore or hereafter constructed by
mutual license, consent or agreement, by adjacent or adjoining owners of
land, and to limit the time within which such license or agreement
heretofore granted may be withdrawn", approved June 4, 1889;
"An Act to enable the commissioners of drainage districts to contract
with railroad companies to construct or keep in repair any levee or
levees now constructed or to be hereafter constructed in such districts,
and to grant to such railroad companies a right-of-way over, on, along
or across such levees", approved June 5, 1889;
"An Act to provide for the dissolution of drainage districts,"
approved June 4, 1889;
"An Act authorizing all drainage districts to issue bonds, and
providing for the registration and payment thereof", approved June 15,
1895;
"An Act to authorize the levying of special assessments upon lands,
railroads, public highways and municipal corporations situate within any
drainage district so as to provide the funds necessary to pay the cost
of construction for benefits that shall have been conferred by the
construction of any work of improvement, without special assessments
having been legally levied prior thereto, and providing for the issuance
of bonds payable out of such special assessments, authorized by this act
to be levied," approved June 11, 1917;
"An Act to provide for constructing pumping plants and maintaining
the same in operation, in drainage and levee districts and special
drainage districts heretofore or hereafter organized, and to legalize
and validate former proceedings, assessments, bond issues, indebtedness,
and expenditures in regard to, or on account of, the erection,
maintenance and operation of pumping plants, and to repeal an act
therein named", approved June 27, 1913;
"An Act to enable adjoining drainage districts to connect their
ditches, drains, levees or other works, and to provide for the
apportionment of the cost of the construction, operation and maintenance
of the work of a drainage district where lands in an adjoining district
are benefited thereby, and to repeal an act therein named", approved
June 28, 1913;
"An Act to enable adjoining drainage districts to construct and erect
a joint pumping station or joint pumping stations, ditches, levees or
other works, to contract for the proportion of the cost of construction
and maintenance of the same to be paid by each, and providing for the
approval of the same," approved June 27, 1913;
"An Act in relation to the construction, reparation and protection of
drains, ditches and levees across the land of others for agricultural,
sanitary and mining purposes, and to provide for the organization of
drainage districts, approved and in force May 29, 1879", approved June
7, 1897;
"An Act to provide for the refunding by drainage districts of money
raised by assessments or taxes illegally levied and collected and of
money raised by assessments or taxes legally levied where the proposed
improvements for which the assessments or taxes were levied, have been
abandoned", approved June 1, 1921;
"An Act in relation to the abatement of assessments for benefits in
levee and drainage districts", approved June 15, 1895;
"An Act to authorize the commissioners of drainage districts to
convey property to and lease property from the Federal Government",
approved November 20, 1933;
"An Act to enable drainage districts to effect settlements for
damages resulting from changes in water surface elevations of any river,
lake, or other water surfaces, or of ground water, caused by flood
control, navigation, irrigation, or water power projects and works
constructed by Federal Agencies", approved July 17, 1945;
"An Act to give circuit courts of this State and the Superior Courts
of Cook County, in term time, and judges thereof in vacation, concurrent
jurisdiction with the county courts, in all matters pertaining to the
organization of farm drainage districts, and farm drainage and levee
districts, and the operation thereof, and to repeal all acts in conflict
herewith", approved June 5, 1909;
"An Act to provide for the care of water in lakes and artificial
ponds or bodies of water within the boundaries of drainage and levee
districts, or drainage districts", approved June 17, 1929.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-23) (from Ch. 42, par. 12-23)
Sec. 12-23.
Saving clause.
The repeal of a statute by this Act shall not affect any action pending
or rights existing at the time this Act takes effect; neither shall this
Act impair the validity of any proceedings taken or assessment levied under
such prior statute or impair the validity of any bonds or other obligations
or indebtedness outstanding at the time this Act takes effect. The remedies
provided under this Act for the collection of assessments shall extend and
be applicable to assessments levied under prior acts.
(Source: Laws 1955, p. 512.)
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(70 ILCS 605/12-24) (from Ch. 42, par. 12-24)
Sec. 12-24.
Effective date.
This Act shall take effect on January 1, 1956.
(Source: Laws 1955, p. 512.)
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