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allege facts in support of such addition.
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Upon filing the petition in the office of the circuit clerk |
of the
county in which the original petition for the formation |
of the fire
protection district was filed, it shall be the duty |
of the court to fix
a time and place of a hearing upon the |
subject of the petition.
|
Notice shall be given by the court, or by the circuit clerk |
or
sheriff upon order of the court of the county in which the |
petition is
filed, of the time and place of a hearing upon the |
petition in the
manner as provided in Section 1. The conduct of |
the hearing on the question whether the
proposed additional |
territory shall become a part of the fire protection
district |
shall be carried out in the manner described in Section 1, as
|
nearly as may be. The question shall be in substantially the |
following form:
|
-------------------------------------------------------------
|
For joining the.... Fire
|
Protection District and assuming a
|
proportionate share of bonded
|
indebtedness, if any.
|
-------------------------------------------------------------
|
Against joining the.... Fire
|
Protection District and assuming a
|
proportionate share of bonded
|
indebtedness, if any.
|
-------------------------------------------------------------
|
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If a majority of the votes cast at the election upon the |
question of
becoming a part of any contiguous fire protection |
district are in favor
of becoming a part of that fire |
protection district and if the trustees
of the fire protection |
district accept the proposed additional
territory by |
resolution, the proposed additional territory shall be
deemed |
an integral part of that fire protection district and shall be
|
subject to all the benefits of service and responsibilities of |
the
district as set forth in this Act.
|
(a-5) Any fire protection district organized under the |
provisions of this Act may be simultaneously dissolved and |
consolidated into an adjoining fire protection district upon |
like petition, hearing and election as is provided under |
Section 1 of this Act for the organization of such district, |
except that the ballot for such election shall be in |
substantially the following form: |
-------------------------------------------------------------
|
Shall the ... Fire Protection District
|
dissolve and be consolidated YES |
into the ... Fire ------------------------------------------------------------- |
Protection District? NO |
------------------------------------------------------------- |
If a majority of the votes cast on the question at such |
election are in favor of such dissolution and consolidation, |
and if the board of trustees of the adjoining district agrees |
by resolution to accept the territory comprising the dissolved |
|
district, the circuit court of the county in which the petition |
was filed shall enter an order on the records of the court |
dissolving and consolidating such district. On the effective |
date of the simultaneous dissolution and consolidation, all the |
rights, powers, duties, assets, property, liabilities, |
indebtedness, obligations, bonding authority, taxing |
authority, and responsibilities of the former district shall |
vest in and be assumed by the fire protection district assuming |
the territory of the former district. |
(b) The owner or owners of any tract or tracts of land, |
contiguous to an
existing fire protection district and not |
already included in a fire
protection district, may file a |
written petition, addressed to the
trustees of the fire |
protection district to which they seek to have
their tract or |
tracts of land attached, containing a definite
description of |
the boundaries of the territory and a statement that they
|
desire that their property become a part of the fire protection |
district
to which their petition is addressed, and that they |
are willing that
their property assume a proportionate share of |
the bonded indebtedness,
if any, of the fire protection |
district.
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When such a petition is filed with the trustees, they shall
|
immediately pass a resolution to accept or reject the territory |
proposed
to be attached. If the trustees resolve in favor of |
accepting the
territory, they shall file with the court of the |
county where the fire
protection district was organized the |
|
original petition and a certified
copy of the resolution, and |
the court shall then enter an order stating
that the proposed |
annexed territory shall be deemed an integral part of
that fire |
protection district and subject to all of the benefits of
|
service and responsibilities of the district. The circuit clerk |
shall
transmit a certified copy of the order to the county
|
clerk of each county in which any of the territory affected is |
situated
and to the State Fire Marshal.
|
(c) Upon the annexation of territory by a district, the |
boundary shall
extend to the far side of any adjacent highway |
and shall include all of
every highway within the area annexed. |
These highways shall be considered
to be annexed even though |
not included in the legal description set forth
in the petition |
for annexation.
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(Source: P.A. 85-556; 86-1191.)
|