(70 ILCS 3710/1) (from Ch. 111 2/3, par. 213)
Sec. 1.
Any area not included within the corporate boundaries of a
city, village or incorporated town may be incorporated as a water
service district in the manner following:
Fifty or more of the legal voters resident within the limits of such
proposed district or a majority thereof if less than 100, 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 water service district under this Act;
such 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 district, and the name of such proposed district;
Provided, that the territory incorporated in any district formed
hereunder shall be contiguous and may contain any territory not
previously included in any water service district.
Upon filing any such petition in the office of the circuit clerk of
the county in which such petition is made, it shall be the duty of the
court to consider the boundaries of any such proposed water service
district whether the same shall be those stated in the petition or
otherwise.
Notice shall be given by the court to whom the petition is addressed
of the time and place of a hearing upon the subject of the petition
which shall be inserted in one or more daily or weekly papers published
within the proposed water service district, or if no daily or weekly
newspaper is published within such proposed water service district, then
by posting at least 10 copies in such district at least 20 days before
such meeting in conspicuous places as far separated from each other as
consistently possible.
At such hearing all persons in such proposed water service district
shall have an opportunity to be heard touching the location and boundary
of such proposed district and 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 filed in the records of the court.
Upon the entering of such order the court shall certify the proposition
to the proper election officials, who shall submit to the legal voters of
the proposed district such question of organization and establishment of
the proposed water service district as
determined by the judge, at an election to be held in the proposed district
in accordance with the general election law. Notice whereof shall be given
by the court in the manner provided by the general election law. Such notice shall
specify the description of such proposed
district.
Each legal voter resident within such proposed district shall have
the right to cast a ballot at such election. The proposition under this
section shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- For Water Service District--------------------------------------------------------------------------------------------------------------------- Against Water Service District---------------------------------------------------------------------------------------------------------------------
The court shall cause a written statement of
the results of such election to be filed of record in the court.
If a majority of the votes cast upon the question shall
be in favor of the incorporation of the proposed water service district,
such district shall thenceforth be an organized water service district
under this Act, and the court shall enter an order accordingly and cause
the same to be filed of record in the
court and shall also cause
to be sent to the County Clerk of any and all other counties in which
any portion of the district lies a certified copy of the order
organizing such district and a plot of the same indicating what lands of
the district lie in such other county or counties.
(Source: P.A. 83-343.)
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