2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 605/ - Illinois Drainage Code. › Article IX - Consolidation Of Districts, Subdistricts And Minor Subdistricts

(70 ILCS 605/Art. IX heading)
ARTICLE IX.  
		CONSOLIDATION OF DISTRICTS, SUBDISTRICTS AND
MINOR SUBDISTRICTS
(70 ILCS 605/9-1) (from Ch. 42, par. 9-1)
Sec. 9-1. 
		
		Authority
to consolidate.
Any 2 or more adjoining districts whose drainage or levee systems are
connected may merge and form a single consolidated district which shall
thereafter be subject to the provisions of this Act. For the purpose of
this Article, districts shall be considered as adjoining when any portion
of their boundaries are contiguous or overlap. When the proposed
consolidated district will include more than 2 districts, it shall not be
necessary for each district to adjoin each of the other districts, but it
shall be sufficient if each district adjoins one of the other districts.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/9-2) (from Ch. 42, par. 9-2)
Sec. 9-2. 
		
		Petition
to consolidate.
A consolidated district may be formed upon petition signed by at least
one-tenth of the adult owners who own at least one-fifth of the land in
each of the districts proposed to be merged. The petition shall be filed in
the circuit court of the county in which the greater part of the land in
the proposed consolidated district will be situated. The petition shall set
forth (a) the names of the districts proposed to be merged, (b) the name of
the proposed consolidated district and (c) the reasons for and the
advantages to be derived from such consolidation. The petition shall
conclude with a prayer for the merger of the districts into a single
consolidated district. Upon its filing, the petition shall be presented to
the court which shall fix the date and hour for hearing.
(Source: Laws 1965, p. 678.)
(70 ILCS 605/9-3) (from Ch. 42, par. 9-3)
Sec. 9-3. 
		Notice of hearing on petition. 
		The clerk of the
court shall give notice of the hearing substantially in the
form provided in Section 4-21 and in the manner and for the
length of time provided in Section 4-22, except that when
notice is given by publication no notice by mailing shall be
required. The notice shall include the names of the  districts
proposed to be merged and the name of the proposed consolidated
district. Within 4 days after the first publication of the notice
the clerk shall mail a copy thereof to each commissioner of each district.
(Source: P.A. 86-297.)
(70 ILCS 605/9-4) (from Ch. 42, par. 9-4)
Sec. 9-4. 
		Hearing on petition - Referendum - Order. 
		At the hearing the court shall first determine whether the districts are
contiguous and whether the petition is signed by at least one-tenth of the
adult owners in each district who own at least one-fifth of the land in
each district. If the districts are not contiguous or if the petition is
not so signed, the petition shall be dismissed.
If the districts are contiguous and the petition is so signed but it is
not signed by a majority of the adult owners in each district owning more
than one-third of the land in each district, or by more than one-third of
the adult owners in each district owning a major portion of the land in
each district, the court shall then order the question of consolidation
submitted to the adult owners of land in each district at a special
election to be held in each district. The court shall fix the day upon
which the election shall be held which shall be the same day in each
district and which shall not be less than 30 nor more than 60 days from the
day the order is entered. The court, at the time of calling the election,
shall also designate the polling place or places in each district and
designate the hours at which the polling places will open and close. Upon
calling the election the court shall continue the cause to a day certain,
which day shall be not less than 7 nor more than 14 days following the day
fixed for the election.
The clerk of each district shall give notice of the election by
publishing notice thereof in the manner and for the length of time provided
in Section 4-22 in the case of a hearing on a petition. The ballots cast
at the election shall be in substantially the following form:
--------------------------------------------------------------
Shall (name of district in which
election is being held), be merged with       Yes
(name of other district or districts)     --------------------
to organize (name of consolidated             No
district)
--------------------------------------------------------------
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.)
(70 ILCS 605/9-4.1) (from Ch. 42, par. 9-4.1)
Sec. 9-4.1. 
		
		Consolidation - Petition of Commissioners.)  In
addition to the method of consolidation provided in Section 9-2,
the commissioners of contiguous districts may petition to
consolidate the districts.  Such petition must show:  (a)
the names of the districts proposed to be merged; (b) that
the districts are contiguous; (c) the name of the proposed
consolidated district and (d) the reasons for and the advantages
to be derived from such consolidation.  The petition shall be
signed by a majority of the commissioners of each district
proposed to be merged and shall be verified by at least one
commissioner of each district proposed to be merged.
Time for hearing of the petition shall be fixed and notice
thereof given as provided by Section 9-3.
At the hearing the court shall determine whether the districts
are contiguous and whether such consolidation will be beneficial
to a major portion of the lands in each district.  If the court
finds for the petitioners it shall order the merger of the
districts into the consolidated district but if the court
finds against the petitioners the petition shall be dismissed.
In either event, the costs shall be taxed against the districts.
The order shall be final.  Separate or joint appeals may be
taken by any of the parties affected thereby or by the commissioners
of the districts, as in other civil cases.
(Source: P.A. 82-783.)
(70 ILCS 605/9-5) (from Ch. 42, par. 9-5)
Sec. 9-5. 
		
		Effect of
order organizing consolidated district.
Upon the entry of an order consolidating 2 or more districts, the
individual districts shall lose their separate existence and be merged into
the consolidated district and the consolidated district shall thereupon
become a body politic and corporate with all the powers, rights, duties and
obligations of other districts organized under this Act. The consolidated
district shall succeed to all the records, property, funds, rights and
duties of the merged districts.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/9-6) (from Ch. 42, par. 9-6)
Sec. 9-6. 
		Commissioners and other officers. 
		Upon the organization of the
consolidated district, the duties of commissioners and other officers of
each merged district shall cease. The appointing authority as provided in
Section 3-9 shall appoint 3 commissioners of the consolidated district to
serve until the first Tuesday in September following, and thereafter
commissioners shall be appointed as provided in Article IV of this Act. The
commissioners and other officers of a consolidated district shall have like
powers and duties as commissioners and officers of other districts
organized under this Act.
(Source: P.A. 86-297.)
(70 ILCS 605/9-7) (from Ch. 42, par. 9-7)
Sec. 9-7. 
		Indebtedness of merged districts.
In case any district merged into a consolidated district has bonds or
notes outstanding which are a lien on funds on hand in the treasury of the
district at the time of consolidation, or on assessments which are unpaid
at the time of consolidation, such lien shall be unimpaired by such
consolidation and the lien shall continue in favor of the bond or note
holders. The funds on hand and the assessments when collected shall be set
apart and held for the purpose of retiring such secured debt and no such
funds or assessments shall be transferred into the general funds of the
consolidated district until all indebtedness of the merged district has
been discharged.
In case any district merged into a consolidated district has unsecured
debts outstanding at the time of consolidation, any funds in the treasury
of such district or otherwise available and not committed shall, to the
extent necessary, be applied to the payment of such debts. If the funds on
hand or otherwise available are not sufficient to satisfy such
indebtedness, the court may, if such an assessment would otherwise be
authorized, direct the commissioners of the consolidated district to levy
an assessment against the lands in the merged debtor district for the
purpose of paying such indebtedness. The proceeds of such assessment shall
be used to pay the costs and expenses incident to the levy and collection
of the assessment and for the payment of such indebtedness, and for no
other purpose.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/9-8) (from Ch. 42, par. 9-8)
Sec. 9-8. 
		Prior
obligations and assessments-Annual maintenance assessments. 
		The merging of any district into a consolidated district shall not
affect the obligation of any contract entered into by the merged district
nor invalidate or otherwise affect the levy, extension or collection of any
assessments upon property in such merged district. Such contracts shall be
taken over and assumed by the consolidated district. All assessments shall
be collected and the proceeds therefrom shall be expended or disposed of by
the consolidated district in the same manner as such assessments might have
been collected, expended or disposed of by the individual districts.
If an annual maintenance assessment has been levied in one or more of
the districts so consolidated such annual maintenance assessment or
assessments shall remain unimpaired by such consolidation and the
commissioners of the consolidated district shall have the power to make and
file a certificate of levy of an annual maintenance assessment in the same
manner as is provided in this Act for other districts. If the commissioners
of the consolidated district determine that (a) the annual maintenance
assessment is insufficient or (b) is not properly equalized on the lands
and other property in the consolidated district they may petition the court
for leave to levy an annual maintenance assessment to supersede the former
annual maintenance assessment or assessments levied by the individual
district or districts. Any such petition shall be filed, set for hearing
and heard after notice in the manner provided in Sections 4-19 to 4-24,
inclusive. If the court finds that the existing annual maintenance
assessment is insufficient or is not properly equalized on the lands or
other property in the consolidated district then its order shall include a
provision setting aside and vacating the former annual maintenance
assessment or assessments effective upon the confirmation of the new annual
maintenance assessment roll, but such order shall not in any way affect the
collection of any annual maintenance assessments due and unpaid at the time
of the confirmation of the new roll.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/9-9) (from Ch. 42, par. 9-9)
Sec. 9-9. 
		
		Effect of
Consolidation of Districts Upon Subdistricts and Minor Subdistricts.
The merger of 2 or more districts into a consolidated district shall not
affect the organization or operation of any subdistrict or minor
subdistrict within any of the merged districts in existence at the time of
consolidation, except to avoid confusion the court may rename or renumber
the subdistricts and minor subdistricts. The commissioners and other
officers of the consolidated district, ex officio, shall become the
commissioners and officers of all subdistricts and minor subdistricts
within the consolidated district.
(Source: Laws 1955, p. 512.)