93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5155


 
Introduced 02/05/04, by Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 		














70 ILCS 705/3
  from Ch. 127 1/2, par. 23







    Amends the Fire Protection District Act. Makes a technical change in a Section concerning annexation of territory.
















LRB093 19359 MKM 45095 b

















 


 


A BILL FOR









 











HB5155

LRB093 19359 MKM 45095 b






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    AN ACT concerning fire protection districts.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Fire Protection District Act is amended  by 
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changing Section 3 as follows:
 



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    (70 ILCS 705/3)  (from Ch. 127 1/2, par. 23)



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    Sec. 3. Annexation of territory; petition; hearing; 
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election; resolution accepting or rejecting territory.

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Additional contiguous territory having the qualifications set

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forth in Section 1 may be added to any fire protection district 
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as
provided for in this Act in the manner following:

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    (a) One percent or more of the legal voters resident within 
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the limits of
the proposed addition to the fire protection

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district may petition the
court of the county in which the 
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original petition for the formation of
the fire protection 
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district was filed, to cause the question to be
submitted to 
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the legal voters of the proposed additional territory
whether 
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the proposed additional territory shall become a part of any

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contiguous fire protection district organized under this Act 
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and whether
the voters of the additional territory shall assume 
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a proportionate
share of the bonded indebtedness of the 
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district. The petition shall
be addressed to the court and 
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shall contain a definite description of
the boundaries of the 
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territory to be embraced in the proposed addition
and shall 
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allege facts in support of such addition.

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    Upon filing the petition in the office of the circuit clerk 
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of the
county in which the original petition for the formation 
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of the fire
protection district was filed, it shall be the duty 
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of the court to fix
a time and place of a hearing upon the 
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subject of the petition.

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    Notice shall be given by the court, or by the circuit clerk 
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or
sheriff upon order of the court of the county in which the 
 


 






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petition is
filed, of the time and place of a hearing upon the 
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petition in the
manner as provided in Section 1. The conduct of 
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the hearing on the question whether the
proposed additional 
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territory shall become a part of the fire protection
district 
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shall be carried out in the manner described in Section 1, as

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nearly as may be. The question shall be in substantially the 
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following form:

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-------------------------------------------------------------

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    For joining the.... Fire

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Protection District and assuming a

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proportionate share of bonded

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indebtedness, if any.

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-------------------------------------------------------------

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    Against joining the.... Fire

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Protection District and assuming a

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proportionate share of bonded

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indebtedness, if any.

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-------------------------------------------------------------

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    If a majority of the votes cast at the election upon the 
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question of
becoming a part of any contiguous fire protection 
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district are in favor
of becoming a part of that fire 
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protection district and if the trustees
of the fire protection 
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district accept the proposed additional
territory by 
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resolution, the proposed additional territory shall be
deemed 
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an integral part of that fire protection district and shall be

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subject to all the benefits of service and responsibilities of 
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the
district as set forth in this Act.

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    (b) The owner or owners of any tract or tracts of land, 
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contiguous to an
existing fire protection district and not 
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already included in a fire
protection district, may file a 
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written petition, addressed to the
trustees of the fire 
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protection district to which they seek to have
their tract or 
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tracts of land attached, containing a definite
description of 
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the boundaries of the territory and a statement that they

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desire that their property become a part of the fire protection 
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district
to which their petition is addressed, and that they 
 


 






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are willing that
their property assume a proportionate share of 
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the bonded indebtedness,
if any, of the fire protection 
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district.

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    When such a petition is filed with the trustees, they shall

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immediately pass a resolution to accept or reject the territory 
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proposed
to be attached. If the trustees resolve in favor of 
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accepting the
territory, they shall file with the court of the 
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county where the fire
protection district was organized the 
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original petition and a certified
copy of the resolution, and 
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the court shall then enter an order stating
that the proposed 
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annexed territory shall be deemed an integral part of
that fire 
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protection district and subject to all of the benefits of

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service and responsibilities of the district. The circuit clerk 
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shall
transmit a certified copy of the order to the county

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clerk of each county in which any of the territory affected is 
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situated
and to the State Fire Marshal.

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    (c) Upon the annexation of territory by a district, the 
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boundary shall
extend to the far side of any adjacent highway 
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and shall include all of
every highway within the area annexed.  
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These highways shall be considered
to be annexed even though 
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not included in the legal description set forth
in the petition 
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for annexation.

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(Source: P.A. 85-556; 86-1191.)