70 ILCS 605/9-4
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 605/ - Illinois Drainage Code.|Article IX - Consolidation Of Districts, Subdistricts And Minor Subdistricts

 (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.)