2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 605/ - Illinois Drainage Code. › Article III - Organization Of Drainage Districts

(70 ILCS 605/Art. III heading)
ARTICLE III.  
		ORGANIZATION OF DRAINAGE DISTRICTS
(70 ILCS 605/3-1) (from Ch. 42, par. 3-1)
Sec. 3-1. 
		
		Drainage
districts.
Drainage districts may be formed to construct, maintain or repair drains
or levees or to engage in other drainage or levee work for agricultural,
sanitary or mining purposes.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-2) (from Ch. 42, par. 3-2)
Sec. 3-2. 
		
		Names of
districts.
A district which is organized as an outlet drainage district shall
include the term "outlet drainage district" in its name. A district which
maintains levees shall include the term "drainage and levee district" in
its name. A district which is organized as a mutual drainage district shall
include the term "mutual drainage district" in its name, and if such a
district also maintains levees it shall include the term "mutual drainage
and levee district" in its name. Any other district shall include the term
"drainage district" in its name.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-3) (from Ch. 42, par. 3-3)
Sec. 3-3. 
		Petition. 
		A drainage district may be organized upon petition
signed by 20% of the adult owners owning more than one-fourth of the land
in the proposed district; or by more than one-fourth of the adult owners
owning a major portion of the land. When the land in the proposed district
is owned by 2 owners only, the petition need be signed by only one owner if
he owns at least one-fifth of the land in the proposed district. The
petition shall be filed in the circuit court of that county in which the
greater part of the land shall lie. It must include: (a) the name of the
proposed district; (b) a statement showing the necessity for the district;
(c) a general description of the proposed work; (d) a general description
of the location of the lands in the proposed district or the numbers of the
sections, including township and range, in which the proposed district, or
any part thereof, is situated; (e) the names of the owners, when known; (f)
the approximate number of acres in the proposed district; (g) a request for the
organization of the district; and (h) a request for the appointment of
temporary commissioners.
(Source: P.A. 86-297.)
(70 ILCS 605/3-4) (from Ch. 42, par. 3-4)
Sec. 3-4. 
		
		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 605/3-5) (from Ch. 42, par. 3-5)
Sec. 3-5. 
		Notice of hearing. 
		
The clerk of the circuit court shall give notice of the hearing on the
petition in the manner provided in Section 3-6.  The notice shall be
entitled "Drainage Notice" and must state: (a) in what court and on what
date the petition was filed; (b) a general description of the proposed
work; (c) the boundaries of the proposed district or a description of the
lands proposed to be included or the numbers of the sections, including
township and range, in which the proposed district, or any part thereof, is
situated; (d) the name of the proposed district; and (e) the place, date
and hour the petition will be heard. The notice may be substantially in the
following form:
DRAINAGE NOTICE
Public notice is hereby given that on (insert date), there was filed in the Circuit Court of the .... Judicial
Circuit, .... County, Illinois, a petition requesting the organization of ....
Drainage District, in the County (or Counties) of .... and State of Illinois;
that the boundaries of the proposed district are as follows: .... (or "that
the proposed district is situated in the following sections: ...."); that the
work proposed to be undertaken by the district consists of ....; that upon
the filing thereof, the petition was presented to the Court and by the
Court set for hearing in the .... in the courthouse at ...., Illinois, on
(insert date), at the hour of
.... .. M., at which time and place all interested parties may appear
and be heard if they see fit so to do.
Dated (insert date).
		.............................
		Clerk of the Circuit Court of
		the ....... Judicial Circuit,
		............ County, Illinois
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 605/3-6) (from Ch. 42, par. 3-6)
Sec. 3-6. 
		Time and manner of giving notice. 
		Notice of the hearing on the petition shall be given by publishing the
notice in a newspaper of general circulation published in the county in
which the proposed 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 proposed
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 an affidavit of one or more
credible persons setting forth the names and addresses of the owners of all
the land proposed to be included 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 non-resident 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 of the court or the
affidavit of any other credible person, affixed to a copy of the notice, is
sufficient evidence of the mailing of notice.
(Source: P.A. 86-297.)
(70 ILCS 605/3-7) (from Ch. 42, par. 3-7)
Sec. 3-7. 
		Hearing. 
		
		At the hearing, the court shall determine whether or not the requisite
number of owners owning the required acreage of land signed the petition or
joined as petitioners. The affidavit of one or more credible persons may be
taken as prima facie evidence of the sufficiency of the signing of the
petition. Any owner of land situated within the proposed district may, at
or prior to the time fixed for hearing, file objections to the sufficiency
of the petition on the ground that it does not fulfill the requirements of
Section 3-3, and, after filing such objections, may be heard with
reference thereto and introduce evidence thereon.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-8) (from Ch. 42, par. 3-8)
Sec. 3-8. 
		Findings
and determinations by the court. 
		If the court finds that the petition has not been signed as required by
Section 3-3 or that the petition does not otherwise fulfill the
requirements of Section 3-3, it shall dismiss the petition at the
petitioners' costs. If the court determines that the petition has been
properly signed and otherwise fulfills the requirements of Section 3-3, it
shall find for the petitioners.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-9) (from Ch. 42, par. 3-9)
Sec. 3-9. 
		Appointment of temporary commissioners - Continuance. 
		If
the Court finds for the petitioners, it shall notify the appropriate
appointing authority which shall be the county board or in home rule
counties as defined by Article VII, Section 6 of the Constitution of 1970
the county chief executive officer of the county in which the petition is
filed to appoint by majority vote as temporary commissioners 3 competent
residents of Illinois own land in the proposed district, provided, however,
that for good cause shown the appropriate appointing authority may waive
the requirement that the temporary commissioners own land in the proposed
district.  When the proposed district is situated in 2 or more counties, no
more than 2 such commissioners shall be residents of any one county,
provided however, that for good cause shown the appropriate appointing
authority may waive this residence requirement.  In home rule counties
appointments made by the chief executive officer shall be subject to the
advice and consent of the county board.  A commissioner thus appointed
shall hold office until his duties are fulfilled or his successor is
appointed and has qualified.  Upon the appointment of temporary
commissioners, the cause shall be continued to a day certain for the
filing of their report.
(Source: P.A. 86-297.)
(70 ILCS 605/3-10) (from Ch. 42, par. 3-10)
Sec. 3-10. 
		Oath of temporary commissioners. 
		Before entering on their duties and within 10 days after appointment,
the temporary commissioners shall qualify by subscribing to an oath to
discharge the duties of the office faithfully and without favor or
partiality, which oaths shall be filed with the circuit clerk of the
county in which the district is organized.
(Source: P.A. 84-886.)
(70 ILCS 605/3-11) (from Ch. 42, par. 3-11)
Sec. 3-11. 
		Filling vacancies-Removal from office. 
		If for
any reason a vacancy occurs in the office of temporary commissioner,
the appropriate appointing authority shall appoint a successor,
without notice, or upon such notice as the appointing authority
may direct, and the fact that the cause has been continued to a
later date shall not affect the validity of the appointment.
Temporary commissioners may be removed from office for good
cause by the appointing authority upon its own motion or upon
the petition of any interested landowner.
(Source: P.A. 86-297.)
(70 ILCS 605/3-12) (from Ch. 42, par. 3-12)
Sec. 3-12. 
		Organization of temporary commissioners-Quorum.
The temporary commissioners shall elect one of their number as chairman
and may elect one of their number as secretary. A majority shall constitute
a quorum, and the concurrence of a majority regarding any matter within the
scope of their duties shall be sufficient.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-13) (from Ch. 42, par. 3-13)
Sec. 3-13. 
		
		Duties
of temporary commissioners.
The temporary commissioners shall examine the area proposed to be
included in the district and the land upon which any portion of the
drainage system is proposed to be constructed. They shall not be confined
in their deliberations to the system of drainage proposed in the petition,
but may consider such alterations or modifications of the same as they
believe will best drain or protect the lands in the proposed district with
the least damage and greatest benefit to all lands affected. No system of
drainage shall be considered or proposed by the temporary commissioners
unless such system shall at least provide a main outlet of ample capacity
to drain the lands in the proposed district, but this limitation shall not
apply to any district proposed to be organized for the sole purpose of
protecting lands against overflow.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-14) (from Ch. 42, par. 3-14)
Sec. 3-14. 
		Employment of engineer-Engineer's report.
The temporary commissioners shall, unless otherwise authorized by the
court, employ an engineer who shall be a registered professional engineer
competent in the design and operation of drainage systems, to assist them
in the performance of their duties. If an engineer is employed, he shall
make such surveys and estimates as the commissioners may direct. If the
engineer recommends the organization of the district and the performance of
work, and the temporary commissioners concur in this recommendation, then
the engineer shall prepare a report, which report shall include (a) a
description of the existing drainage facilities and conditions in the
proposed district; (b) a description of the system of drainage which he
recommends to be constructed by the district, giving the route, length and
termini of proposed levees, open ditches and tile drains, the top
elevations and dimensions of levees, the gradients, bottom widths and side
slopes of proposed open ditches, the diameter and gradients of proposed
tile drains, the type, plan, location and capacity of proposed pumping
plants, and the nature and location of all other work or structures
proposed for construction, operation or maintenance by the district; (c)
specifications for the performance of the work recommended; (d) a
description of the rights-of-way necessary for the performance of the work
recommended; (e) completes estimates of costs; (f) a map of the proposed
district, showing the boundaries described in the petition, any recommended
changes in the boundaries and the nature and location of the proposed work;
(g) such profile, cross-sectional and other drawings as may be necessary to
describe the proposed work; and (h) the approximate number of acres in the
proposed district and such other information as may be required by the
commissioners.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-15) (from Ch. 42, par. 3-15)
Sec. 3-15. 
		Report of temporary commissioners. 
		The temporary commissioners shall report in writing to the court on or
before the date fixed for the filing of their report. If they are not ready
to report by that date, they shall obtain a continuance to a day certain.
Successive continuances may be granted. In their report to the court, they
shall state (a) the general nature of the land in the proposed district,
(b) the drainage condition of the land, (c) the general nature and location
and the estimated cost of the drainage system they find to be best suited
for the land in the proposed district, (d) a description of any land in
addition to that described in the petition which will be benefited by the
proposed work and which, they find, should be included in the proposed
district, and a description of any land described in the petition which
will not be benefited by the proposed work and which, they find, should not
be included in the proposed district; provided, however, that the proposed
district shall not be so enlarged or contracted that the petitioners no
longer meet the proportional requirements of Section 3-3, (e) whether any
land lying outside of the proposed district, but within another drainage
district or a municipal corporation exercising drainage powers, will be
benefited, and, if so, a general description of the same, (f) whether any
land lying outside the proposed district, but not to be included in the
proposed district and not within another drainage district or municipal
corporation exercising drainage powers, will be benefited, and, if so, a
general description of the same, and (g) whether the benefits to the land
in the proposed district will exceed the probable cost to that land of
organizing the district and constructing such work. If an engineer was
employed, then the report of the engineer shall be attached to and made a
part of the temporary commissioners' report. If the temporary commissioners
find that the benefits to the land in the proposed district will not exceed
the probable cost to that land, then they shall recommend that the district
not be organized. If they find that the benefits to the land in the
proposed district will exceed the probable cost to that land, then they
shall recommend that the district be organized and shall include in their
report, in addition to the information above specified, (a) a complete
description of the system of drainage which they recommend, (b) the
estimated cost of that system, including all incidental expenses, (c) the
estimated annual cost of repair, maintenance and operation of the system,
and (d) the name of any other drainage district or any municipal
corporation exercising drainage powers which includes land lying outside of
the proposed district which will be benefited by the proposed work.
(Source: P.A. 86-297.)
(70 ILCS 605/3-16) (from Ch. 42, par. 3-16)
Sec. 3-16. 
		Petition to add lands to proposed district.
Any person owning land adjoining the proposed district may, at any time
at least 10 days prior to the hearing on the report of the temporary
commissioners, petition the court to have such land included in the
proposed district. Such petitioner shall give the temporary commissioners
at least 10 days' notice in writing of the hearing on the petition, which
notice shall include a description of the land sought to be included and
the name and address of the petitioner. The petition shall be heard at the
same time as the report of the temporary commissioners.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-17) (from Ch. 42, par. 3-17)
Sec. 3-17. 
		
		Setting
report for hearing.
The report of the temporary commissioners shall be presented to the
court on the date last fixed for the filing of the report and the court
shall then fix the date and hour for the hearing thereon and the cause
shall stand continued until such time.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-18) (from Ch. 42, par. 3-18)
Sec. 3-18. 
		Notice of hearing on report. 
		If the temporary commissioners
recommend in their report that the district be organized and that
additional land be included in the proposed district, they shall file with
their report their affidavit setting forth the names and addresses of the
owners of such land, if known, or, if unknown, then the names and addresses
of the person who last paid the general taxes on such land as shown by the
collector's books in the county in which such land is situated, and the
petitioners or the clerk of the court shall, at least
10 days before the date fixed for hearing, mail a notice thereof to each
such person at his address as set forth in the affidavit.  Notices shall be
mailed and proof made in the manner provided in Section 3-6.  The notice
shall be entitled "Drainage Notice" and must state (a) the general nature
of the proceedings and in what court they are pending, (b) the general
location of the proposed district, (c) a general description of the system
of drainage recommended, (d) the description of the additional land
proposed to be included, and (e) the date and hour fixed for the hearing on
the report.
The notice may be substantially in the following form:
DRAINAGE NOTICE
To the owners of the lands hereinafter described:
You are hereby notified that there is pending in the Circuit Court of
the .... Judicial Circuit, .... County, Illinois, the report of the
temporary commissioners in the matter of the petition for the organization
of .... Drainage District, in the County (or Counties) of .... and State of
Illinois; that the general location of the proposed district is ....; that
the work recommended to be undertaken in the proposed district by the
temporary commissioners consists of ....; and that the temporary
commissioners have recommended that in addition to the lands described in
the petition, there be included in the districts the lands described as
follows:
........................
You are further notified that the report of the temporary commissioners
is set for hearing in the .... in the Courthouse at .... Illinois, on (insert
date), at the hour of .... .. M., at which
time and place you may appear and be heard if you see fit so to do.
Dated (insert date).
		.................................
		Clerk of the Circuit Court of the
		............... Judicial Circuit,
		............... County, Illinois.
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 605/3-19) (from Ch. 42, par. 3-19)
Sec. 3-19. 
		
		Other
districts or municipal corporations as defendants.
If the temporary commissioners recommend in their report that the
district be organized and report that there is land which will be benefited
by the proposed work lying outside of the proposed district but within
another drainage district or a municipal corporation exercising drainage
powers, then such district or municipal corporation may be made a party
defendant in the proceedings. Summons shall be issued and served as in
other civil cases. If the summons is not served at least 30 days before the
date fixed for the hearing, then the court shall continue the hearing to a
day not less than 30 days after such service.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-20) (from Ch. 42, par. 3-20)
Sec. 3-20. 
		
		Hearing
on report.
Any owner of land in the proposed district or in any other district or
municipal corporation made a party defendant may, at or prior to the time
fixed for hearing, file objections opposing the confirmation of the report,
or any portion thereof or requesting that the report be modified in any
particular and, after filing such objections, may be heard with reference
thereto and introduce evidence in support thereof. The report of the
temporary commissioners shall be prima facie evidence of the matters
therein set forth.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-21) (from Ch. 42, par. 3-21)
Sec. 3-21. 
		Modification of report.
If, after hearing the evidence, the court finds that the report of the
temporary commissioners should be modified in any particular to provide the
best drainage or protection for the lands in the proposed district, with
the least damage and greatest benefit to all the lands affected, and the
court is sufficiently informed in the premises, it shall modify the same in
accordance with such finding. If the court finds that the report should be
so modified but is not sufficiently informed to make the modifications
itself, then it shall refer the report back to the temporary commissioners
and may give them specific directions for modifying their report. If the
report is thus referred back to the temporary commissioners, the court
shall continue the hearing to a day certain for the filing of the modified
report. Successive continuances may be granted, and no further notice shall
be required.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-22) (from Ch. 42, par. 3-22)
Sec. 3-22. 
		Dismissal of proceedings.
If, at the conclusion of the hearing, the court finds that the benefits
to the lands in the proposed district from the proposed work or from any
modification thereof will not exceed the cost to those lands, then the
court shall dismiss the proceedings at the petitioners' costs, which costs
shall include the fees and expenses of the temporary commissioners and
reasonable compensation for their agents, engineers and attorneys.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-23) (from Ch. 42, par. 3-23)
Sec. 3-23. 
		
		Order
organizing district.
If, at the conclusion of the hearing, the court approves the plans for
the proposed work or any modification thereof and finds that the benefits
to the land in the proposed district from such work will exceed the cost to
that land, then the court shall order the organization of the district,
which order shall include the name of the district and a description of the
district boundaries and shall direct the construction of the work approved
by the court and the levy of an assessment to pay the cost thereof,
including all incidental expenses, in the amount fixed by the court. The
court may also direct the levy of an annual maintenance assessment to pay
the cost of repair, maintenance and operation of the system.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-24) (from Ch. 42, par. 3-24)
Sec. 3-24. 
		
		Effect
of order organizing district.
When the order organizing the district is given or made, the district
shall become and be a body politic and corporate under the name set forth
in such order, with the right to sue and be sued, to plead and be
impleaded, to contract and be contracted with, and to have perpetual
succession.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-25) (from Ch. 42, par. 3-25)
Sec. 3-25. 
		Appeals from order organizing district. 
		The order organizing the district shall be final, and separate or joint
appeals may be taken by the parties affected thereby as in other civil
cases. However, the taking of an appeal or the reversal of the order upon
such appeal shall not impair or invalidate the organization as to all other
persons not appealing nor delay the work or subsequent proceedings so far
as it affects the lands of such other persons, unless the reversal of the
order by the reviewing court as to the owners so appealing would work a
substantial hardship on the owners or some of the owners not appealing and
the appeal has been made to operate as a stay of the enforcement of the
judgment. When any such an
appeal is taken, the commissioners or any landowner not appealing may,
within 15 days after the notice of appeal has been made to operate as a
stay, move the trial court to stay the proceedings as to the owners
of the lands not appealing, pending the determination of the appeal, upon
the grounds that the reversal of the order by the reviewing court as to the
owners appealing would work a substantial hardship on all or some of the
owners not appealing. In the event the proceedings are so stayed and the
order appealed from is thereafter affirmed, or the appeal is dismissed,
then, upon the receipt of final process from the reviewing court the trial
court shall vacate the stay and the proceedings shall thereafter continue
in the same manner as though no appeal had been taken. In the event the
proceedings are so stayed and the order appealed from is reversed then,
upon the receipt of final process from the reviewing court the trial court
may modify or vacate the original order as to the owners of the lands
not appealing, as justice may require under the circumstances.
(Source: P.A. 84-551.)
(70 ILCS 605/3-26) (from Ch. 42, par. 3-26)
Sec. 3-26. 
		Alternate method of organization - Referendum. 
		As an
alternate to the method of organizing a drainage district
hereinbefore provided in this Article, proceedings for the organization of
a district may also be instituted upon a petition signed by at least
one-tenth of the adult owners who own at least one-fifth of the land in the
proposed district. The petition shall be filed in the circuit court of the
county in which the greater part of the land in the proposed district shall
lie. The petition shall contain all of the information required by Section
3-3 and shall request that the question of organizing the district be
submitted to referendum as provided in this section. Upon its filing, the
petition 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 and manner and for the length of time provided in
Sections 3-5 and 3-6.
At the hearing, the court shall determine whether the petition is in
proper form, contains the required information and is signed by at least
one-tenth of the adult owners who own at least one-fifth of the land in the
proposed district. The affidavit of one or more credible persons may be
taken as prima facie evidence of the sufficiency of the signing of the
petition. If the petition is not adequate or is not properly signed, the
court shall dismiss the petition at the petitioner's costs. If the petition
is adequate and is properly signed, the court shall order the question of
organizing the district submitted to the adult owners of the land in the
proposed district at a special election to be held therein.
The court shall fix the day upon which the election shall be held, which
day shall be not 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 designate
the polling place in the proposed district, shall notify the appointing
authority, as described in Section 3-9, to appoint 3 judges of the
election and shall designate the hours at which the polling place 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 the court shall give notice of the election in the manner
and for the length of time provided in Section 3-6 in the case of hearing
on a petition, except that if notice is given by publication, no notice by
mailing shall be required. The notice shall specify the purpose of the
election with a description of the proposed district and the time and place
of holding the election. The ballots for the election shall be in
substantially the following form:
--------------------------------------------------------------
Shall the proposed (Name of         Yes
proposed district) be organized    ---------------------------
as a drainage district?                 No
--------------------------------------------------------------
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 ballots and the results shall be
returned to the clerk of the court within 48 hours after the election and
he shall report the results of the election to the court. The expense of
printing ballots and holding the election shall be taxed as costs in the
pending proceedings.
If a majority of the owners voting on the question do not favor the
organization of the proposed district, the court shall dismiss the petition
at the petitioners' costs. If the majority of the owners so voting favor
the organization of the proposed district, the court shall find for the
petitioners and proceedings shall thereafter be had in the manner provided
by Sections 3-9 through 3-23, inclusive, except that after the court has
called the election, no change may be made in the boundaries of the
proposed district from those set forth in the petition.
(Source: P.A. 86-297.)
(70 ILCS 605/3-27) (from Ch. 42, par. 3-27)
Sec. 3-27. 
		Organization of drainage district by user.
Where 2 or more parties owning adjoining or contiguous lands, or their
predecessors in title, have, by voluntary action, constructed a combined
system of drains, a combined system of levees or a combined system of
drains and levees which form a continuous line or a continuous line and
branches, the lands connected by such system shall be liable for their just
proportion of the cost of such repairs and improvements as may be needed
therefor, the amount to be determined, as nearly as may be, on the same
principles as if these lands were in an organized drainage district.
Whenever such repairs and improvements cannot be made by voluntary
agreement, any one or more parties owning land upon which any such work has
been constructed may petition the court for the formation of a drainage
district to include all the lands connected by such system. The petitioner
or petitioners for the formation of such drainage district must show to the
satisfaction of the court that his or their land is damaged through the
lack of proper repairs to or improvements of such system. After the
petition is filed, the procedure and conditions (except as to the number of
signers and proportions of area) heretofore prescribed in this Act for the
organization of other drainage districts shall be observed, as nearly as
practicable. The ditches, drains, levees or other work shall be taken as a
dedication of right-of-way and their construction and joining as the
consent of the several parties to be united in a drainage district.
Commissioners, both temporary and permanent, shall be appointed in drainage
districts organized under this section at the time, in the manner and with
the qualifications, powers and duties provided in this Act for
commissioners of other drainage districts.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-28) (from Ch. 42, par. 3-28)
Sec. 3-28. 
		Outlet
drainage districts-Organization. 
		Outlet drainage districts may be organized in the manner provided in
Sections 3-3 through 3-26:
(a) When an open drain, whether natural or artificial, or partly natural
and partly artificial, constitutes the common outlet for lands in two or
more other drainage districts which may or may not adjoin or for lands in
two or more such other drainage districts and lands not within any drainage
district; and
(b) When the purpose of the outlet district is to improve the channel of
the open drain constituting such outlet; and
(c) When the lands to be included in the outlet district are contiguous
and will be benefited by the work of the outlet district; and
(d) When all or a portion of the lands to be included in the outlet
district are situated in two or more other districts.
Any lands which will be benefited by the work of an outlet district may
be included therein without regard to whether such lands do or do not lie
within another district, however, it shall not be necessary to include in
an outlet district all lands which will be benefited by the work of the
outlet district or all lands lying within the other districts draining into
the outlet proposed to be improved.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-29) (from Ch. 42, par. 3-29)
Sec. 3-29. 
		
		Outlet
drainage districts-Commissioners-Powers.
Commissioners, both temporary and permanent, shall be appointed for
outlet drainage districts at the time and in the manner and with like
qualifications provided in this Act for the appointment of commissioners of
other drainage districts. Such commissioners shall have the same powers and
duties as commissioners of other districts except the following:
(a) The commissioners of an outlet drainage district shall not have the
power to construct any drainage work except the deepening, widening,
straightening, relocating or otherwise improving of the channel of such
outlet river, stream or other natural or artificial watercourse, and to
reconstruct, enlarge, repair and maintain the same. No assessment shall be
levied except for these purposes and incidental expenses in connection
therewith and to pay damages, if any, and compensation for land taken, and
the cost of organization.
(b) Subdistricts may not be formed in any outlet drainage district.
(c) No outlet drainage district shall remove, destroy, appropriate or
use any levee, drain, ditch or part thereof or other work of any other
drainage district or municipal corporation exercising drainage powers
without the consent of such district or municipal corporation or without
paying just compensation therefor.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-30) (from Ch. 42, par. 3-30)
Sec. 3-30. 
		
		Outlet
drainage districts-Lands included in other districts.
The fact that land is in an outlet drainage district shall not, in
itself, prevent that land from thereafter being included in another
drainage district.
(Source: Laws 1955, p. 512.)
(70 ILCS 605/3-31) (from Ch. 42, par. 3-31)
Sec. 3-31. 
		Mutual Drainage Districts. 
		Owners of lands which require
combined drainage or combined drainage and protection from overflow may
form a drainage district by mutual agreement, to include lands of their own
only, by an instrument in writing duly signed, acknowledged and recorded in
the drainage record. This agreement may include the location and character
of the work to be done, the method by which the work shall be done, the
total amount of the assessment to be levied, the amount of assessments of
benefits and damages to be levied against each tract, or so much of these
or more as may be agreed upon, and, to the extent provided by the
agreement, the proceedings shall be as valid as though the drainage
district were organized by petition in court in the manner hereinbefore
provided. The appointment, powers and duties of the commissioners of a
drainage district organized by mutual agreement shall, except as may be
limited by the agreement, be the same as prescribed for drainage districts
organized by petition in court, provided, however, that the agreement may
include the selection of three drainage commissioners from the signers of
the agreement or from others qualified to act. The terms of office of such
commissioners shall be until the first Tuesday of the following September
and until their successors have been appointed in the manner provided in
this Act for the appointment of commissioners of other districts and have
qualified. A drainage district organized by mutual agreement shall be
subject to the jurisdiction of the circuit court and all such districts
shall have all the powers, rights and duties of every kind given to
drainage districts organized by petition in court, except as may be limited
by the agreement. The above powers, rights and duties shall include, but
not be limited to, the power of annexation of lands benefited and the
formation of subdistricts as in other drainage districts.
(Source: P.A. 86-297.)