(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 Yesproposed 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.)
|