(70 ILCS 605/Art. X heading)
ABANDONMENT OF WORK, DISSOLUTION OF DISTRICTS, SUBDISTRICTS AND
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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 least 10 years;
- (2) that there are no outstanding debts of the district that have been filed with the county clerk of Lake County;
- (3) that federal or State permits or grants will not be impaired by dissolution of the district;
- (4) that the precise physical boundaries of the district have become indeterminate due to the passage of time; and
- (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 district that have been filed with the county clerk; and
- (2) that federal or State permits or grants will not be impaired by dissolution of the district.
(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 within 60 days a final financial report of commissioners. If a final financial report of commissioners is not timely filed, the county shall file a verified statement indicating the amount of any funds held by the county treasurer belonging to the drainage district; and
- (2) that the commissioners of the district shall file a report within 60 days to the court listing all property of the district, both real and personal, including the title to any drains, levees, rights-of-way, or other works upon which the district’s drainage system is located. Should the commissioners of the drainage district fail to file a report listing all property, the county shall file its own report based on information available to the county and from public records.
(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 continue operation of the former drainage district’s drainage structures and drainage system until the levy expires; or
- (2) eliminate the assessment if the county board or city council determines the municipality or municipalities and county have sufficient revenue to operate the drainage structures and drainage system within each respective unit’s boundaries.
(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.)
(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.)
(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.)
(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.)