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| Public Act 098-1003 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Protection District Act is amended by | ||||
changing Section 3 as follows:
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(70 ILCS 705/3) (from Ch. 127 1/2, par. 23)
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Sec. 3.
Additional contiguous territory having the | ||||
qualifications set
forth in Section 1 may be added to any fire | ||||
protection district as
provided for in this Act in the manner | ||||
following:
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(a) One percent or more of the legal voters resident within | ||||
the limits of
the proposed addition to the fire protection
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district may petition the
court of the county in which the | ||||
original petition for the formation of
the fire protection | ||||
district was filed, to cause the question to be
submitted to | ||||
the legal voters of the proposed additional territory
whether | ||||
the proposed additional territory shall become a part of any
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contiguous fire protection district organized under this Act | ||||
and whether
the voters of the additional territory shall assume | ||||
a proportionate
share of the bonded indebtedness of the | ||||
district. The 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 addition
and shall | ||||
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.
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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
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nearly as may be. The question shall be in substantially the | ||
following form:
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-------------------------------------------------------------
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For joining the.... Fire
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Protection District and assuming a
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proportionate share of bonded
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indebtedness, if any.
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-------------------------------------------------------------
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Against joining the.... Fire
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Protection District and assuming a
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proportionate share of bonded
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indebtedness, if any.
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-------------------------------------------------------------
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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
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subject to all the benefits of service and responsibilities of | ||
the
district as set forth in this Act.
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(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: | ||
-------------------------------------------------------------
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Shall the ... Fire Protection District
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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
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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
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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
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service and responsibilities of the district. The circuit clerk | ||
shall
transmit a certified copy of the order to the county
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clerk of each county in which any of the territory affected is | ||
situated
and to the State Fire Marshal.
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(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.)
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