§ 10-1. Abandonment of Entire Work. When a petition signed by not less than two-thirds of the adult landowners who own
not less than two-thirds of the lands in the district and praying for the abandonment
of work theretofore ordered constructed, is filed with the court before the commissioners
of the district enter into a contract for the construction of such work and before
any lien has attached to the assessment levied to pay the cost thereof, the court
shall order the commissioners to abandon such work and to rebate the assessments paid
and abate the unpaid assessments. Upon the filing of the petition it shall be presented to the court, set for hearing,
and heard after notice in the manner provided in Sections 4-19 to 4-24, inclusive. If notice is given by publication then the clerk of the court shall, within 4 days
after the first publication, mail a copy thereof to each of the commissioners. The order directing such abandonment, rebate and abatement shall be conditioned
upon the petitioners reimbursing the district within 30 days for all costs and expenses,
including the fees of the commissioners, treasurer, clerk, engineers and attorneys,
theretofore incurred by the district in connection with the abandoned work and assessment
and to be incurred by the district in connection with the rebate and abatement of
the assessment abandoned, which costs and expenses shall be fixed and determined by
the court in its abandonment order. If the petitioners fail to reimburse the district as provided in the order within
such 30 day period, the order shall be vacated and shall thereafter be without force
or effect. Any assessment levied to pay the cost of work subsequently abandoned shall be rebated
and abated as hereinbefore provided in Section 5-30 of this Act.
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