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07/28/88 In Re Saline Branch Drainage District (Saline Branch

July 28, 1988

IN RE SALINE BRANCH DRAINAGE DISTRICT (SALINE BRANCH


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Drainage District, Plaintiff-Appellee, v.

Urbana & Champaign Sanitary District, Defendant and

Objector-Appellant (The City of Urbana, Defendant))

526 N.E.2d 939, 172 Ill. App. 3d 574, 122 Ill. Dec. 546 1988.IL.1165

Appeal from the Circuit Court of Champaign County; the Hon. Creed D. Tucker, Judge, presiding.

APPELLATE Judges:

JUSTICE SPITZ delivered the opinion of the court. LUND and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

The instant case involves an appeal from a proceeding under the Illinois Drainage Code (Code) (Ill. Rev. Stat. 1987, ch. 42, par. 1-2 et seq.). The record reveals that defendant, the Urbana and Champaign Sanitary District (Sanitary District), plaintiff Saline Branch Drainage District (Drainage District) and the intervenors City of Urbana and City of Champaign (cities) entered into an indenture on January 31, 1949. Pursuant to the indenture, the parties recognized the jurisdiction of the Sanitary District over the Boneyard and its existing open tributaries, draining such lands, and over the rights-of-way, improvements, drains and drainage structures in the Boneyard. Also pursuant to the indenture, the Sanitary District accepted "full and complete responsibility for the improvements and maintenance of the Boneyard and its existing open tributaries, and it [agreed] to provide and keep in repair an adequate system of storm water drainage therein and to correct any sanitary and unhealthful conditions existing therein." Additionally, the Sanitary District was authorized and empowered to perform work in the Drainage District's main open ditch "as may be necessary to obtain a proper outlet for the storm water drainage system to be constructed by the Sanitary District." The Sanitary District agreed that "if, in order to obtain a proper outlet for the storm water drainage system to be constructed by it, it is necessary to perform work in the main open ditch of the Drainage District, it will perform such work at its own expense, including the cost of acquisition of any additional right-of-way and any damage to private or public property."

As a part of the agreement, lands lying within the boundaries of both the Drainage District and the Sanitary District were to be detached from the Drainage District and would cease to be a part of it. The Sanitary District agreed that it was an adjoining drainage district within the meaning of "An Act to enable adjoining drainage districts to connect their ditches . . ." (Adjoining Drainage District Act) (Ill. Rev. Stat. 1949, ch. 42, par. 219) and agreed to pay "its proportion of the cost of any work or improvement performed by the Drainage District and the maintenance, operation and repair thereof, when such work, improvement, maintenance, operation or repair benefits the lands or any part thereof situated within the boundary of the Sanitary District."

On February 8, 1949, orders were entered by the circuit court of Champaign County approving the indenture and detaching from the Drainage District the lands lying within the boundaries of both the Drainage District and the Sanitary District.

On October 14, 1959, the Sanitary District entered into an "Agreement to Construct and Connect Drains" with the Drainage District and Beaver Lake Drainage District. Pursuant to the agreement, the Sanitary District was authorized to construct a diversion outlet storm sewer and open ditch through the drainage districts "to serve territory which lies within the original boundaries of the Saline District (a portion of which has heretofore been detached from the Saline District and placed under the jurisdiction of the Sanitary District by order of the County Court of Champaign County, Illinois." The Sanitary District also agreed that "it was liable to each District for its just proportion of the cost of the enlargement, improvement, maintenance, repair and operation of the main open ditches of the Drainage Districts, including the clearing and redredging thereof, such proportionate share to be determined or approved by the County Court of Champaign County, Illinois, under the terms and provisions of Article XI of the Illinois Drainage Code."

Then in 1974, an assessment for outlet rights and an annual maintenance agreement were agreed upon and entered on the Drainage District's assessment roll. The District agreed to pay $60,000 in additional benefits and entered into an "agreement in lieu of annual assessment to equal annual levy for first three years not to exceed $5,000.00 and thereafter to equal annual levy not to exceed $2,500.00"

On March 2, 1984, the Drainage District filed a "Petition for Authority to Increase and Levy Annual Maintenance Assessments in the Main District and Establish and Levy Annual Maintenance Assessments in Subdistricts A and C." The Drainage District also filed the main district and subdistrict A and C annual maintenance assessment rolls at that time. The Drainage District's petition included a description of the annual maintenance work proposed to be ...


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