(70 ILCS 605/Art. IV heading)
COMMISSIONERS AND OTHER OFFICERS–SELECTION, QUALIFICATIONS,
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(70 ILCS 605/4-36)
Sec. 4-36.
(Repealed).
(Source: Repealed by P.A. 88-30.)
(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.)
(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.)
(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.)
(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.)
(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.)