2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 605/ - Illinois Drainage Code. › Article XI - Claims Against And Contracts With Other Districts And Municipal Corporations Exercising Drainage Powers

(70 ILCS 605/Art. XI heading)
ARTICLE XI.  
		CLAIMS AGAINST AND CONTRACTS WITH OTHER DISTRICTS AND MUNICIPAL
CORPORATIONS EXERCISING DRAINAGE POWERS
(70 ILCS 605/11-1) (from Ch. 42, par. 11-1)
Sec. 11-1. 
		Right
to connect drains and levees. 
		Any drainage district may connect its drains, in the course of natural
drainage, or its levees to the drains or levees of another district or to
the storm drains or levees of a municipal corporation exercising drainage
powers. Any municipal corporation exercising drainage powers may connect
its storm drains, in the course of natural drainage, or its levees to the
drains or levees of a drainage district. If, by reason of such connection,
lands or other property in the district or municipal corporation making the
connection receive benefits from work theretofore or thereafter constructed
by the other public body, then the district or municipal corporation making
the connection shall be liable to the district or municipal corporation
conferring the benefits for the just proportion of the cost of such work
and of the cost of the enlargement, improvement, maintenance, repair and
operation thereof based upon the relation which the benefits to the lands
in the district or municipal corporation making the connection bear to the
entire benefits from such work. Whenever the connection is made for the
purpose of obtaining an outlet, such connection in itself shall be prima
facie evidence of the fact that lands and other property in the district or
municipal corporation making the connection are benefited by such work.
Any district may, by a contract in writing with another district or with
a municipal corporation exercising drainage powers approved in the manner
provided in Sections 11-5, 11-6 and 11-7, obtain the right to connect
its drains other than in the course of natural drainage to the drains of
the other districts or to the storm drains of the municipal corporation.
Any municipal corporation exercising drainage powers may in like manner
obtain the right to connect its drains other than in the course of natural
drainage to the drains of a drainage district. If a drainage district or
municipal corporation exercising drainage powers, by reason of connecting
its drains other than in the course of natural drainage, causes damage to
any lands or other property by flooding or otherwise, it is liable for such
damage to the owners thereof or other persons interested therein and such
liability shall not be avoided by the terms of any contract between the two
bodies.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-2) (from Ch. 42, par. 11-2)
Sec. 11-2. 
		Liability for benefits conferred by districts.
Whenever any work constructed or ordered to be constructed by any
drainage district has benefited or will benefit lands outside of that
district but within the boundaries of another district or within the
boundaries of a municipal corporation exercising drainage powers, the other
district or the municipal corporation is liable to the district conferring
such benefits for the just proportion of the cost of such work and of the
cost of the enlargement, improvement, maintenance, repair and operation
thereof based upon the relation which the benefits to the lands in the
other district or the municipal corporation bear to the entire benefits
from such work.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-3) (from Ch. 42, par. 11-3)
Sec. 11-3. 
		Liability for benefits conferred by municipal corporations.
Whenever any drainage or levee work constructed or ordered to be
constructed by any municipal corporation exercising drainage powers has
benefited or will benefit lands outside of such municipal corporation but
within the boundaries of a drainage district, the district is liable to the
municipal corporation constructing such work for its just proportion of the
cost of such work and the enlargement, improvement, maintenance, repair and
operation thereof, based upon the relation which the benefits to the lands
in the district bear to the entire benefits from such work.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-4) (from Ch. 42, par. 11-4)
Sec. 11-4. 
		Contracts adjusting claims for benefits.
Whenever a drainage district has a claim against another district or
against a municipal corporation exercising drainage powers, or a municipal
corporation exercising drainage powers has a claim against a drainage
district for a portion of the cost of constructing, enlarging, improving,
maintaining, repairing or operating any drainage or levee work, the
commissioners of the 2 districts or the commissioners and the corporate
authorities of the municipal corporation, as the case may be, may enter
into a written contract settling and adjusting the claim for benefits and
fixing the proportionate share of the cost of future maintenance and repair
work and operating expenses to be borne by the benefited district or
municipal corporation.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-5) (from Ch. 42, par. 11-5)
Sec. 11-5. 
		Petition for approval of contracts adjusting claims for benefits.
Before a contract adjusting a claim for benefits becomes effective it
must be approved by the court or courts having jurisdiction over the
drainage district or districts. The commissioners of any district entering
into such a contract shall petition the court having jurisdiction over that
district for the approval of the contract. A copy of the contract shall be
attached to the petition. If the contract is between 2 drainage districts
under the jurisdiction of the same court the commissioners of the 2
districts may join in the same petition.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-6) (from Ch. 42, par. 11-6)
Sec. 11-6. 
		
		Setting
petition for hearing-Notice.
Upon the filing of a petition for the approval of a contract settling
and adjusting a claim for benefits it shall be presented to the court,
which shall fix the date and hour for hearing. If the contract is between a
drainage district and a municipal corporation exercising drainage powers
and such municipal corporation was made a party to the proceeding in which
the performance of the work was authorized, then the petition may be heard
without notice or upon such notice as the court may direct. If the contract
is between 2 drainage districts, or if the contract is between a drainage
district and a municipal corporation and the municipal corporation was not
a party to that proceeding, then the clerk of the court shall publish
notice of the hearing on the petition in a newspaper of general circulation
published in the county in which the petitioning district is situated. The
notice shall be entitled "Drainage Notice", shall be addressed "To All
Persons Interested" and must state (a) in what court and on what date the
petition was filed, (b) in summary form, the terms of the contract,
including the names of the parties to the contract and (c) the place, date
and hour the petition will be heard. The notice shall be published once
each week for 2 successive weeks and the first publication of the notice
shall be at least 2 weeks prior to the date fixed for hearing. When a
petitioning district is situated in 2 or more counties then such notice
shall be given as aforesaid by publishing the same in a newspaper of
general circulation published in each of said counties. If no newspaper of
general circulation is published in any such county, then publication of
the notice shall be in a newspaper having general circulation in that
county. Notice by mailing shall not be required.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-7) (from Ch. 42, par. 11-7)
Sec. 11-7. 
		
		Hearing
on petition-Appeals.
At such hearing all persons interested shall have the right to appear
and be heard. The court may approve or disapprove the contract or, with the
consent of the parties to the contract, may modify it. Separate or joint
appeals may be taken from the final order of the court as in other civil
cases.
(Source: Laws 1967, p. 3809.)
(70 ILCS 605/11-8) (from Ch. 42, par. 11-8)
Sec. 11-8. 
		
		Fixing
proportionate share of costs when unable to agree.
Whenever a drainage district has a claim against another district or
against a municipal corporation exercising drainage powers, or a municipal
corporation exercising drainage powers has a claim against a drainage
district for a portion of the cost of constructing, enlarging, improving,
maintaining, repairing or operating any drainage or levee work, and the
commissioners of the 2 districts or the commissioners and the corporate
authorities of the municipal corporation, as the case may be, are unable to
agree upon any or all of the terms of a written contract settling and
adjusting the claim for benefits, then the proportionate share of the cost
of such work to be borne by the benefited body shall be fixed by a court.
If the claim is made by a drainage district and the other district or
the municipal corporation, as the case may be, was made a party to the
proceeding authorizing the performance of the work, then the amount of such
benefits shall be fixed in the assessment proceeding at the time and as a
part of the hearing on the assessment roll. If the claim is made by a
drainage district and the other district or the municipal corporation, as
the case may be, was not made a party to the proceeding authorizing the
performance of the work or if the claim is made by a municipal corporation,
then the commissioners of the district performing the work or the corporate
authorities of the municipal corporation performing the work, shall file a
complaint in the circuit court of the county in which the defendant, or any
part thereof, is situated or in any other court of competent jurisdiction.
The pleadings and practice shall be as provided by the Civil Practice Law.
A copy of the plans, profiles and specifications, together with a summary
of the cost of the work done or an estimate of the cost of the work ordered
to be done shall be attached to or filed with the complaint.
(Source: P.A. 82-783.)
(70 ILCS 605/11-9) (from Ch. 42, par. 11-9)
Sec. 11-9. 
		Counterclaims-Annual benefits.
In any such proceeding, the defendant may, by counterclaim, set off or
recoup any benefits which the defendant may have conferred upon the lands
or other property in the plaintiff district or municipal corporation. If
the plaintiff district has levied an annual maintenance assessment or if
the plaintiff municipal corporation levies an annual tax for the purpose of
repairing, maintaining or operating the drainage or levee work conferring
such benefits, then, in such proceeding, the plaintiff may inquire into and
determine the amount of the annual benefits which the defendant will
receive from the repair, maintenance or operation of such work and the
defendant may likewise set off or recoup the amount of annual benefits
which the plaintiff will receive from the repair, maintenance or operation
of drainage or levee work of the defendant.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-10) (from Ch. 42, par. 11-10)
Sec. 11-10. 
		Procedure at trial - View by jury. 
		The issues arising on
a complaint filed under Section 11-8 shall be
tried as in an action under the Civil Practice Law. If tried
before a jury, the jury may view the work and premises if a request for
such a view is made in the manner provided in Section 5-11.
(Source: P.A. 82-783.)
(70 ILCS 605/11-11) (from Ch. 42, par. 11-11)
Sec. 11-11. 
		Judgment. 
		Upon the conclusion of the hearing, the court shall enter judgment
according to its findings or according to the verdict of the jury, as the
case may be. If judgment is entered for the payment of money, then the court
shall also order the district or municipal corporation against which
judgment is entered to pay, or to take such steps as may be
necessary to pay,
such judgment. Appeals may be taken as in other civil cases.
(Source: P.A. 84-547.)
(70 ILCS 605/11-12) (from Ch. 42, par. 11-12)
Sec. 11-12. 
		Effect of judgment fixing annual benefits.
A judgment fixing the amount of annual benefits between the parties
constitutes the measure of liability between them for the repair,
maintenance and operation of the work for which such judgment was given and
any amounts coming due thereunder shall be payable at such times as the
court may direct. The judgment for such benefits may, however, be modified
or set aside upon the application of either the plaintiff or the defendant
when circumstances have so changed as to make the judgment inequitable or
unjust as to either party.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-13) (from Ch. 42, par. 11-13)
Sec. 11-13. 
		Limitation of action for benefits.
No complaint or counterclaim seeking to establish liability for or to
recoup or set off benefits under this Article may be filed more than 5
years after the completion of the work or the making or enlarging of the
connection.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-14) (from Ch. 42, par. 11-14)
Sec. 11-14. 
		
		Joint
systems.
Any 2 or more adjoining drainage districts may by contract establish
joint systems of drains, levees, pumping plants or other works and provide
for the construction, reconstruction, repair, maintenance and operation
thereof. For the purposes of this Article, districts shall be considered as
adjoining when any portion of their boundaries are contiguous or overlap.
When the joint system is established by more than two districts it shall
not be necessary for each of the districts to adjoin each of the other
districts but it shall be sufficient if each district adjoins one of the
other districts.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-15) (from Ch. 42, par. 11-15)
Sec. 11-15. 
		Approval of contract establishing joint system.
The contract establishing the joint system shall be reduced to writing
and before it becomes effective it must be approved by the court or courts
having jurisdiction over the drainage districts. The commissioners of any
district entering into such a contract shall petition the court having
jurisdiction over that district for approval of the contract. A copy of the
contract shall be attached to the petition. If the contract is between 2 or
more districts under the jurisdiction of the same court the commissioners
of such districts may join in the same petition.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-16) (from Ch. 42, par. 11-16)
Sec. 11-16. 
		Setting petition for hearing-Notice.
Upon the filing of a petition for the approval of a contract
establishing a joint system, it shall be presented to the court, which
shall fix the date and hour for hearing. The clerk of the court shall
publish notice of the hearing on the petition in a newspaper of general
circulation published in the county in which the petitioning district is
situated. The notice shall be entitled "Drainage Notice", shall be
addressed "To All Persons Interested" and must state (a) in what court and
on what date the petition was filed, (b) in summary form, the terms of the
contract, including the names of the parties to the contract, and (c) the
place, date and hour the petition will be heard. The notice shall be
published once each week for 2 successive weeks and the first publication
of the notice shall be at least 2 weeks prior to the date fixed for
hearing. When a petitioning district is situated in 2 or more counties,
then such notice shall be given as aforesaid by publishing the same in
newspapers of general circulation published in each of said counties. If no
newspaper of general circulation is published in any such county, then
publication of the notice shall be in a newspaper having general
circulation in that county. Notice by mailing shall not be required.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/11-17) (from Ch. 42, par. 11-17)
Sec. 11-17. 
		Hearing on Petition-Appeals.
At such hearing, all persons interested shall have the right to appear
and be heard. The court may approve or disapprove the contract or, with the
consent of the parties to the contract, may modify it. Separate or joint
appeals may be taken from the final order as in other civil cases.
(Source: Laws 1967, p. 3809.)