(1) When a part of a sanitary district is thus withdrawn, the district shall, by action
of its governing body, turn over to the city of which the withdrawn area becomes a
part, its sewer lines, pumping stations, disposal and any other properties within
the area withdrawn from the district that are not necessary for the operation of the
remainder of the sewer system of the district. All outfall, trunk and collection lines, pumping stations, disposal and other properties
which are necessary for the district to continue maintenance and operation of its
sewer and disposal system shall remain the property of the district, regardless of
whether they are located within or without the city. If the city is not satisfied with the division of property made by the district governing
body, or if, within 90 days from the effective date of the withdrawal, the district
governing body has failed to make a division, the city's governing body may request
the county court or board of county commissioners of the county in which the property
is situated to decide upon such a division.
(2) After giving 10 days' notice and an opportunity to be heard to the district governing
body, the court or board shall, in accordance with the standards of guidance provided
in this section for the district governing board, divide the property.
(3) The decision of the court or board shall be binding upon all parties in interest
except that an appeal may be taken therefrom for abuse of discretion in arriving at
the decision to the circuit court of the county in which the property withdrawn is
located within 30 days from the announcement of the decision. The functions of the district shall be continued in the entire preexisting area thereof
by the district until the final determination of the division of property.
(4) This section shall not prevent the governing bodies of the city and the district
from arriving at a binding agreement for a joint operation of the sewer, sewage disposal
or other properties of each that will be beneficial to and equitable for the inhabitants
and property owners of each after the withdrawal of part of the sanitary district.
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