(70 ILCS 3305/1) (from Ch. 121, par. 355)
Sec. 1.
Any area not included within the corporate boundaries of a
city, village or incorporated town may be incorporated as a street
lighting district in the manner following:
Fifty or more of the legal voters resident within the limits of such
proposed district or a majority thereof if less than 100, may petition
the circuit court for the county which contains all or the largest
portion of the proposed district to order the question to be submitted
to the legal voters of such proposed district, whether such proposed
territory shall be organized as a street lighting district under this
Act; such petition shall be addressed to the court and shall contain a
definite description of the boundaries of the territory to be embraced
in the proposed district, and the name of such proposed district:
Provided, that the territory incorporated in any district formed
hereunder may contain any territory not previously included in any
street lighting district.
Upon filing any such petition in the office of the circuit clerk of the
county in which such petition is made it shall be the duty of the
court to consider the boundaries of any such proposed street lighting
district whether the same shall be those stated in the petition or
otherwise.
Notice shall be given by the court to whom the petition is addressed
of the time and place of a hearing upon the subject of the petition
which shall be inserted at least once in a newspaper of general circulation
published
within the proposed street lighting district, or if no
newspaper of general circulation is published within such proposed street
lighting district,
then in a newspaper published in the county which contains all or the largest
portion of such proposed district and having a general circulation
in such district, at least 20 days
before such meeting.
At such meeting the court shall preside; and all persons in such
proposed street lighting district shall have an opportunity to be heard;
and if the court finds that the petition does not comply with the
provisions of law or that the allegations of the petition are not
true, the court shall dismiss the petition; but if the court finds that
the petition complies with the provisions of law and that the
allegations of the petition are true, the same shall be incorporated in
an order which shall be filed of record in the court.
Upon the entering of such order the court shall certify the proposition
to the proper election officials, who shall submit to the legal
voters of the proposed street lighting district the question of
organization and establishment of the proposed street lighting district
at an election.
Notice of the referendum shall be given in accordance with the general election law.
Such notice shall specify the purpose of
such referendum with a description of such proposed district.
The proposition under this section shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- For Street Lighting District--------------------------------------------------------------------------------------------------------------------- Against Street Lighting District---------------------------------------------------------------------------------------------------------------------
The court shall cause a written statement of
the results of such election to be filed of record in the court.
If a majority of the votes cast upon the question shall
be in favor of the incorporation of the proposed street lighting
district, such district shall thenceforth be an organized street
lighting district under this Act, and the court shall enter an order
accordingly and cause the same to be filed of record in the
court and shall also cause to be sent to the County Clerk of any and all
other counties in which any portion of the district lies a certified
copy of the order organizing such district and a plat of the same
indicating what lands of the district lie in such other county or
counties.
(Source: P.A. 83-343.)
|