(70 ILCS 3705/2) (from Ch. 111 2/3, par. 189)
Sec. 2.
Any 100 legal voters resident within the limits of any
proposed public water district may petition the circuit court for the
county in which the proposed district, or the major portion thereof is
located, to cause the question of the creation of such proposed district
under this Act to be submitted to the voters of the proposed district.
Such petition shall be addressed to such court and shall contain a
definite description of the boundaries of the territory to be embraced
in such district, and the name of such proposed district. Upon filing of
such petition in the office of the circuit clerk of the county in which
such territory, or the major portion thereof is situated, it shall be
the duty of the court to set a date for hearing on the petition, and it
shall be the duty of such court to give notice of the time and place of
the hearing on the petition by a publication inserted in one or more
daily or weekly papers published in such proposed district at least 20
days prior to the date set for such hearing, and if no newspaper is
published in such proposed district then by posting a notice of the time
and place of the hearing on the said petition in not less than 10 of the
most public places in the district at least 20 days prior to the date
for such hearing.
At such hearing all persons desiring to be heard shall have an
opportunity to be heard touching upon the location and boundary 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 to
that extent may alter and amend such petition. After such determination
by such court the same shall be incorporated in an order that shall be
filed of record in the court,
and forthwith the court
shall order the submission to the voters of the proposed public water
district the question of organization and establishment thereof at a regular
election in accordance with the general election law. The court shall certify
the question to the proper election officials, who shall submit
the question. The
notice of such referendum shall specify briefly
the purpose of such election, with a description of the boundaries of
such proposed district. The question shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- FOR public water district.--------------------------------------------------------------------------------------------------------------------- AGAINST public water district.---------------------------------------------------------------------------------------------------------------------
The court shall canvass the result of
the election and cause a written statement of the result of the election to be
filed of record in the court. If a majority
of the votes cast
upon the question of the creation of the proposed public water district
shall be in favor thereof such district shall forthwith be deemed an
organized public water district, a public corporation, and a political
subdivision of the State, with power to own and hold property both real
and personal in its corporate name, to sue and be sued and to enter into
contracts necessary or incidental to its purposes, including contracts
with any city, village or incorporated town within or without its
boundaries for furnishing a supply of water for the distribution system
of any such city, village or incorporated town.
It shall be the duty of the circuit clerk to file a certified copy of
the order, entered by the court showing the
result of the referendum and the organization of the district, in the
office of the county clerk of each county in which any of the area of
such proposed district is located.
(Source: P.A. 83-343.)
|