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91_SB1881eng SB1881 Engrossed LRB9111146MWgc 1 AN ACT to amend the Sanitary District Act of 1936 by 2 changing Section 1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Sanitary District Act of 1936 is amended 6 by changing Section 1 as follows: 7 (70 ILCS 2805/1) (from Ch. 42, par. 412) 8 Sec. 1. Incorporation; referendum. 9 (a) Any area of contiguous territory within the limits 10 of a single county and without the limits of any city, 11 village or incorporated town may be incorporated as a 12 sanitary district under this Act in the manner provided in 13 this Section. Any 2 areas that (i) are not contiguous to each 14 other, but each of which is contiguous by itself, and (ii) 15 are less than 1 mile apart from each other, and (iii) are 16 within the limits of a single county and without the limits 17 of any city, village, or incorporated town may also be 18 incorporated as a sanitary district under this Act in the 19 manner provided for in this Section. 20 (b) Any 20% of the legal voters residing within the 21 limits of the proposed sanitary district may petition the 22 Circuit Court in the county in which the proposed district is 23 situated, to cause to be submitted to the legal voters of the 24 proposed sanitary district the question of whether the 25 proposed territory shall be organized as a sanitary district 26 under this Act. The petition shall be addressed to the 27 Circuit Court and shall contain a definite description of the 28 boundaries of the territory to be embraced in the district 29 and the name of the proposed sanitary district. 30 (c) Upon filing of the petition in the office of the 31 circuit clerk in the county in which the proposed sanitary SB1881 Engrossed -2- LRB9111146MWgc 1 district is situated, the Circuit Court shall name 3 judges 2 of the court who shall constitute a board of commissioners, 3 which shall have power and authority to consider the 4 boundaries of the proposed sanitary district and whether the 5 boundaries shall be as described in the petition or 6 otherwise. The decision of 2 of the commissioners shall be 7 conclusive and shall not be subject to review in any manner, 8 directly or indirectly. 9 (d) Notice shall be given by the Circuit Court of the 10 time and place where the commissioners will meet, by a 11 publication of notice at least 20 days prior to the meeting 12 in one or more daily or weekly newspapers published in the 13 proposed district or, if no such newspaper is published in 14 the proposed district, then by the posting of at least 5 15 copies of the notice in the proposed district at least 20 16 days before the hearing. 17 (e) At the meeting all persons who reside in the 18 proposed district shall have an opportunity to be heard and 19 to make suggestions regarding the location and boundary of 20 the proposed district. The commissioners, after hearing 21 statements, evidence and suggestions, shall fix and determine 22 the boundaries of the proposed district, and for that purpose 23 and to that extent they may alter and amend the petition. 24 After the determination by the commissioners, or a majority 25 of them, their determination shall be incorporated in an 26 order, which shall be entered of record in the Circuit Court. 27 (f) Upon the entering of the order, the Circuit Court 28 shall certify the question of the organization and 29 establishment of the proposed sanitary district, with the 30 boundaries as determined by the commissioners, to the 31 appropriate election authorities who shall submit the 32 question at an election in accordance with the general 33 election law. In addition to the requirements of the general 34 election law, notice shall specify briefly the purpose of the SB1881 Engrossed -3- LRB9111146MWgc 1 election, with a description of the proposed sanitary 2 district. 3 (g) Each legal voter resident within the proposed 4 sanitary district shall have the right to cast a ballot at 5 the referendum. The question shall be in substantially the 6 following form: 7 ------------------------------------------------------------- 8 For Sanitary District 9 ------------------------------------------------------------- 10 Against Sanitary District 11 ------------------------------------------------------------- 12 (h) The Circuit Court shall cause a statement of the 13 result of the referendum to be entered of record in the 14 Circuit Court. If a majority of the votes cast upon the 15 question of the organization and establishment of the 16 proposed sanitary district shall be in favor of the 17 organization and establishment of the proposed sanitary 18 district, the proposed sanitary district shall thenceforth be 19 deemed to have been incorporated and to be an organized 20 sanitary district under this Act. 21 (Source: P.A. 90-655, eff. 7-30-98.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.