(70 ILCS 2105/1) (from Ch. 42, par. 383)
Sec. 1.
Whenever the unified control of a lake or of a river system
or a portion thereof shall be deemed conducive to the prevention of
stream pollution development, conservation and protection of water
supply, preservation of water levels, control or prevention of floods,
reclamation of wet and overflowed lands, development of irrigation,
conservation of soil, provision of domestic, industrial or public water
supplies, collection and disposal of sewage and other public liquid
wastes, provision of forests, wildlife areas, parks and recreational
facilities, and to the promotion of the public health, comfort and
convenience the same may be organized as a conservancy district under
this Act in the manner following:
One per cent or more of the legal voters resident within the limits
of such proposed district, and, with respect to petitions filed on or
after the effective date of this amendatory Act of 1990, one percent of the
legal voters resident in each county in which the proposed district
is situated, may petition the circuit court for the county
which contains all or the largest portion of the proposed district to
cause the question to be submitted to the legal voters of such proposed
district, whether such proposed territory shall be organized as a
conservancy district under this Act, which petition shall be addressed
to the court and shall contain a general description of the boundaries
of the territory to be embraced in the proposed district and the name of
such proposed district. The description need not be given by metes and
bounds or by legal subdivisions, but it shall be sufficient if a
generally accurate description is given of the territory to be organized
as a district. Such territory need not be contiguous, provided that it
be so situated that the public health, safety, convenience or welfare
will be promoted by the organization as a single district of the
territory described.
Upon filing such petition in the office of the circuit clerk of the
county in which such petition is filed as aforesaid it shall be the duty
of the court to consider the boundaries of any such proposed conservancy
district, whether the same shall be those stated in the petition or
otherwise. The decision of the court is appealable as in other civil
cases.
The court shall by order fix a time and place for a hearing on the
petition not less than 60 days after the date of such order. Notice
shall be given by the court to whom the petition is addressed of the
time and place where such commissioners shall meet for such hearing by a
publication inserted once in one or more daily or weekly papers
published within the proposed conservancy district, or if no daily or
weekly newspaper is published within such proposed conservancy district,
then by posting such notice, at least 10 copies, in such proposed
district at least 20 days before such meeting, in conspicuous public
places as far separated from each other as consistently possible.
At such hearing all persons in such proposed conservancy district
shall have an opportunity to be heard, touching upon the location and
boundaries of such proposed district and to make suggestions regarding
the same, and the court, after hearing statements, evidence and
suggestions, shall fix and determine the limits and boundaries of such
proposed district, and for that purpose and to that extent, may alter
and amend such petition. After such determination by the court, the same
shall be incorporated in an order which shall be entered of record in
the circuit court or courts of the counties situate in
the proposed district and the court shall also by the order provide for
the holding of a referendum as herein provided.
Upon the entering of such order the court shall certify the question of
organization and establishment of the proposed conservancy district as
determined by the court to the proper election officials who shall submit
the question at an election in accordance with the general election law.
In addition to the requirements of the general election law,
notice of the referendum shall specify the purpose of the referendum
and contain a description of such proposed district.
The clerk of the court shall send notice of the referendum to the county
board of each county in which the proposed district is situated.
Each legal voter resident within such proposed conservancy district
shall have the right to cast a ballot at such election. The question
shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- Shall a Conservancy Districtbe organized, with authority to levyan annual tax at a maximum rate of YES... % (maximum rate authorized underSection 17 of the River Conservancy ----------------------------------------------------------------------Districts Act) of the value of alltaxable property within the limits of NOthe District as equalized or assessedby the Department of Revenue?---------------------------------------------------------------------------------------------------------------------
The ballots cast on the question in each county shall be returned and
canvassed by the county clerk of the county in which the same are cast and
such county clerks respectively shall file with the county clerk of the
county, in which the petition is filed, a true copy of the return and
canvass of the votes cast in each of said counties and thereupon the county
clerk of the county in which such petition is filed shall canvass the
entire vote cast in the election from the returns furnished by such
respective county clerks and shall ascertain the result of such referendum
and certify the same to the court. The court shall cause a statement of the
results of such referendum to be entered of record in the court. If a
majority of the votes cast at such election upon the question shall be in
favor of the organization of the proposed conservancy district such
proposed district shall thenceforth be deemed an organized conservancy
district under this Act and a municipal corporation with the powers and
duties herein conferred and bearing the name set forth in the petition.
(Source: P.A. 86-1307.)
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