(70 ILCS 405/26a.3) (from Ch. 5, par. 131a-3)
Sec. 26a.3.
After the Department has made and recorded a determination that
division of the district is administratively practicable and feasible, the
directors of the district shall present to the Secretary of State through
the Department an application for the discontinuance of the district and
for a certificate of organization for each of the new districts. The
application shall be signed and sworn to by the directors and shall set
forth the name of the district being divided, the proposed names of the
districts being formed and the location of the offices of each of the new
districts. The application shall be accompanied by a statement from the
Department setting forth (and such statement need contain no details other
than the mere recitals) that a petition for the division of the district
was filed, that the proposed division was, by resolution, approved by the
governing body of the district, that a referendum was held in the district
on the question of the proposed division, and that the result of such
referendum showed a majority of the votes cast to be in favor of the
proposed division.
The Secretary of State shall receive and file the application and
statement and shall record them in an appropriate book of record in his
office. When the application and statement had been made, filed and
recorded, the division of the district shall be deemed effected and each of
the new districts shall constitute a public body, corporate and politic,
vested with all the powers of soil and water conservation districts. The
Secretary of State shall issue to the signers of the application a separate
certificate, under the seal of the State, of the due organization of each
of the new districts, and shall record the certificates with the
application and statement. A copy of the statement, along with the
appropriate certificate of organization, shall be recorded with the
recorder of the county in which each new district has its office.
(Source: P.A. 83-358.)
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