(70 ILCS 2805/1) (from Ch. 42, par. 412)
Sec. 1.
Incorporation; referendum.
(a) Any area of contiguous territory within the limits of a
single county and without the limits of any city, village or
incorporated town may be incorporated as a sanitary district under this
Act in the manner provided in this Section.
Any 2 areas that (i) are not contiguous to each other, but each of which is
contiguous by itself, and (ii) are less than 1 mile apart from each other, and
(iii) are within the limits of a single county and
without the limits of any city, village, or incorporated town may also be
incorporated as a sanitary district under this Act in the manner provided for
in this Section.
(b) Any 20% of the legal voters residing within the limits
of the proposed sanitary district may petition the Circuit
Court in the county in which the proposed district is situated, to cause to be
submitted to the legal voters of the proposed sanitary district
the question of whether the proposed territory shall
be organized as a sanitary district under this Act. The petition
shall be addressed to the Circuit Court and shall contain a definite
description of the boundaries of the territory to be embraced in the district
and the name of the proposed sanitary
district.
(c) Upon filing of the petition in the office of the circuit
clerk in the county in which the proposed sanitary district is
situated, the Circuit Court shall name 3
judges of the court who shall constitute a board of
commissioners, which shall have power and authority to consider the
boundaries of the proposed sanitary district and whether the boundaries shall be as described in the petition or
otherwise. The decision of 2 of the commissioners
shall be conclusive and shall not be subject to review in any manner,
directly or indirectly.
(d) Notice shall be given by the Circuit Court of the time and place
where the commissioners will meet, by a publication of
notice at least 20 days prior to the meeting in one or more daily
or weekly newspapers published in the proposed district or, if no such
newspaper is published in the proposed
district, then by the posting of at least 5 copies of the notice in the
proposed district at least 20 days before
the hearing.
(e) At the meeting all persons who reside in
the proposed district shall have an opportunity to be heard and
to make suggestions regarding the location and boundary of
the proposed district. The commissioners, after hearing statements, evidence
and suggestions, shall fix and determine the boundaries of the
proposed district, and for that purpose and to that extent they may
alter and amend the petition. After the
determination by the commissioners, or a majority of them, their determination
shall be incorporated in an order, which shall be entered of record in the
Circuit Court.
(f) Upon the entering of the order, the Circuit Court shall
certify the question of
the organization and establishment of the proposed sanitary district,
with the boundaries as determined by the commissioners, to the appropriate
election authorities 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 shall specify briefly the purpose of the
election, with a description of the proposed sanitary district.
(g) Each legal voter resident within the proposed sanitary
district shall have the right to cast a ballot at the referendum.
The question shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- For Sanitary District--------------------------------------------------------------------------------------------------------------------- Against Sanitary District---------------------------------------------------------------------------------------------------------------------
(h) The Circuit Court shall cause a statement of the result of the
referendum to be entered of record in the Circuit Court. If a
majority of the votes cast upon the question of the organization and
establishment of the proposed sanitary district shall be in favor of the
organization and establishment of the proposed sanitary district, the proposed
sanitary district shall thenceforth be deemed to have been
incorporated and to be an organized sanitary district under this Act.
(Source: P.A. 90-655, eff. 7-30-98; 91-925, eff. 7-7-00.)
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