Full Text of SB0599 94th General Assembly
SB0599sam001 94TH GENERAL ASSEMBLY
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Sen. Wendell E. Jones
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 599
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| AMENDMENT NO. ______. Amend Senate Bill 599 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing
| 5 |
| Sections 6-19, 28-2, and 28-5 as follows:
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| (10 ILCS 5/6-19) (from Ch. 46, par. 6-19)
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| Sec. 6-19. The election officials canvassing returns shall | 8 |
| cause a
statement of the result of such election on the | 9 |
| rejection of this Article 6
and Articles 14 and 18 of this Act | 10 |
| to be certified to the court. If a
majority of the electors | 11 |
| voting on the question vote
total votes cast at
such election | 12 |
| is in the affirmative,
the court shall enter an order declaring | 13 |
| said Articles rejected and shall
file a copy of the order in | 14 |
| the office of the Secretary of State. Thereupon
said Articles | 15 |
| shall cease to be operative and binding in such city.
| 16 |
| (Source: Laws 1965, p. 3481.)
| 17 |
| (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
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| Sec. 28-2. (a) Except as otherwise provided in this | 19 |
| Section, petitions
for the submission of public questions to | 20 |
| referendum must be filed with the
appropriate officer or board | 21 |
| not less than 78 days prior to a regular
election to be | 22 |
| eligible for submission on the ballot at such election; and
| 23 |
| petitions for the submission of a question under Section 18-120 |
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| of the
Property Tax Code must be filed with the appropriate | 2 |
| officer or board not more
than 10 months nor less than 6 months | 3 |
| prior to the election at which such
question is to be submitted | 4 |
| to the voters.
| 5 |
| (b) However, petitions for the submission of a public | 6 |
| question to
referendum which proposes the creation or formation | 7 |
| of a political
subdivision must be filed with the appropriate | 8 |
| officer or board not less
than 108 days prior to a regular | 9 |
| election to be eligible for submission on
the ballot at such | 10 |
| election.
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| (c) Resolutions or ordinances of governing boards of | 12 |
| political
subdivisions which initiate the submission of public | 13 |
| questions pursuant
to law must be adopted not less than 65 days | 14 |
| before a regularly scheduled
election to be eligible for | 15 |
| submission on the ballot at such election.
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| (d) A petition, resolution or ordinance initiating the | 17 |
| submission of a
public question may specify a regular election | 18 |
| at which the question is
to be submitted, and must so specify | 19 |
| if the statute authorizing the
public question requires | 20 |
| submission at a particular election. However,
no petition, | 21 |
| resolution or ordinance initiating the submission of a
public | 22 |
| question, other than a legislative resolution initiating an
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| amendment to the Constitution, may specify such submission at | 24 |
| an
election more than one year , or 15 months in the case of a | 25 |
| back door referendum as defined in subsection (f), after the | 26 |
| date on which it is filed or
adopted, as the case may be. A | 27 |
| petition, resolution or ordinance
initiating a public question | 28 |
| which specifies a particular election at
which the question is | 29 |
| to be submitted shall be so limited, and shall not
be valid as | 30 |
| to any other election, other than an emergency referendum
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| ordered pursuant to Section 2A-1.4.
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| (e) If a petition initiating a public question does not | 33 |
| specify a
regularly scheduled election, the public question | 34 |
| shall be submitted to
referendum at the next regular election |
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| occurring not less than 78 days
after the filing of the | 2 |
| petition, or not less than 108 days after the
filing of a | 3 |
| petition for referendum to create a political subdivision. If
a | 4 |
| resolution or ordinance initiating a public question does not | 5 |
| specify a
regularly scheduled election, the public question | 6 |
| shall be submitted to
referendum at the next regular election | 7 |
| occurring not less than 65 days
after the adoption of the | 8 |
| resolution or ordinance.
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| (f) In the case of back door referenda, any limitations in | 10 |
| another
statute authorizing such a referendum which restrict | 11 |
| the time in which
the initiating petition may be validly filed | 12 |
| shall apply to such
petition, in addition to the filing | 13 |
| deadlines specified in this Section
for submission at a | 14 |
| particular election. In the case of any back door
referendum, | 15 |
| the publication of the ordinance or resolution of the political
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| subdivision shall include a notice of (1) the specific number | 17 |
| of voters
required to sign a petition requesting that a public | 18 |
| question be submitted
to the voters of the subdivision; (2) the | 19 |
| time within which the petition must
be filed; and (3) the date | 20 |
| of the prospective referendum. The secretary or
clerk of the | 21 |
| political subdivision shall provide a petition form to any
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| individual requesting one. As used herein, a "back door
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| referendum" is the submission of a public question to the | 24 |
| voters of a
political subdivision, initiated by a petition of | 25 |
| voters or residents of
such political subdivision, to determine | 26 |
| whether an action by the
governing body of such subdivision | 27 |
| shall be adopted or rejected.
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| (g) A petition for the incorporation or formation of a new
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| political subdivision whose officers are to be elected rather | 30 |
| than appointed
must have attached to it an affidavit attesting | 31 |
| that at least 108 days and
no more than 138 days prior to such | 32 |
| election notice of intention to file
such petition was | 33 |
| published in a newspaper published within the proposed
| 34 |
| political subdivision, or if none, in a newspaper of general |
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| circulation
within the territory of the proposed political | 2 |
| subdivision in substantially
the following form:
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| NOTICE OF PETITION TO FORM A NEW........
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| Residents of the territory described below are notified | 5 |
| that a petition
will or has been filed in the Office | 6 |
| of............requesting a referendum
to establish a | 7 |
| new........, to be called the............
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| *The officers of the new...........will be elected on the | 9 |
| same day as the
referendum. Candidates for the governing board | 10 |
| of the new......may file
nominating petitions with the officer | 11 |
| named above until...........
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| The territory proposed to comprise the new........is | 13 |
| described as follows:
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| (description of territory included in petition)
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| (signature)....................................
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| Name and address of person or persons proposing
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| the new political subdivision.
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| * Where applicable.
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| Failure to file such affidavit, or failure to publish the | 20 |
| required notice
with the correct information contained therein | 21 |
| shall render the petition,
and any referendum held pursuant to | 22 |
| such petition, null and void.
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| Notwithstanding the foregoing provisions of this | 24 |
| subsection (g) or any
other provisions of this Code, the | 25 |
| publication of notice and affidavit
requirements of this | 26 |
| subsection (g) shall not apply to any petition filed
under | 27 |
| Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any
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| referendum
held pursuant to any such petition, and neither any | 29 |
| petition filed under
any of those Articles nor any referendum | 30 |
| held pursuant to any such petition
shall be rendered null and | 31 |
| void because of the failure to file an affidavit
or publish a | 32 |
| notice with respect to the petition or referendum as required
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| under this subsection (g) for petitions that are not filed | 34 |
| under any of
those Articles of the School Code.
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| (Source: P.A. 90-459, eff. 8-17-97.)
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| (10 ILCS 5/28-5) (from Ch. 46, par. 28-5)
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| Sec. 28-5. Not less than 61 days before a regularly | 4 |
| scheduled
election, each local election official shall certify | 5 |
| the public questions
to be submitted to the voters of or within | 6 |
| his political subdivision at
that election which have been | 7 |
| initiated by petitions filed in his office or
by action of the | 8 |
| governing board of his political subdivision.
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| Not less than 61 days before a regularly scheduled | 10 |
| election, each circuit
court clerk shall certify the public | 11 |
| questions to be submitted to the
voters of a political | 12 |
| subdivision at that election which have been ordered
to be so | 13 |
| submitted by the circuit court pursuant to law. Not less than | 14 |
| 30
days before the date set by the circuit court for the | 15 |
| conduct of an
emergency referendum pursuant to Section 2A-1.4, | 16 |
| the circuit court clerk
shall certify the public question as | 17 |
| herein required.
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| Local election officials and circuit court clerks shall | 19 |
| make their
certifications, as required by this Section, to each | 20 |
| election authority
having jurisdiction over any of the | 21 |
| territory of the respective political
subdivision in which the | 22 |
| public question is to be submitted to referendum.
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| Not less than 61 days before the next regular election, the | 24 |
| county clerk
shall certify the public questions to be submitted | 25 |
| to the voters of the
entire county at that election, which have | 26 |
| been initiated by petitions filed
in his office or by action of | 27 |
| the county board, to the board of election
commissioners, if | 28 |
| any, in his county.
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| Not less than 67 days before the general election,
the | 30 |
| State Board of Elections shall certify any questions proposing | 31 |
| an
amendment to Article IV of the Constitution pursuant to | 32 |
| Section 3, Article
XIV of the Constitution and any advisory | 33 |
| public questions to be submitted
to the voters of the entire |
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| State, which have been initiated by petitions
received or filed | 2 |
| at its office, to the respective county clerks. Not
less than | 3 |
| 61 days before the general election, the
county clerk shall | 4 |
| certify such questions to the board of election
commissioners, | 5 |
| if any, in his county.
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| The certifications shall include the form of the public | 7 |
| question to be
placed on the ballot, the date on which the | 8 |
| public question was initiated
by either the filing of a | 9 |
| petition or the adoption of a resolution or ordinance
by a | 10 |
| governing body, as the case may be, and a certified copy of any | 11 |
| court
order or political subdivision resolution or ordinance | 12 |
| requiring the submission
of the public question. | 13 |
| Certifications of propositions for annexation to,
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| disconnection from, or formation of political subdivisions or | 15 |
| for other
purposes shall include a description of the territory | 16 |
| in which the proposition
is required to be submitted, whenever | 17 |
| such territory is not coterminous
with an existing political | 18 |
| subdivision.
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| The certification of a public question described in | 20 |
| subsection (b) of
Section 28-6 shall include the precincts | 21 |
| included in the territory
concerning which the public question | 22 |
| is to be submitted, as well as a
common description of such | 23 |
| territory, in plain and nonlegal
language, and specify the | 24 |
| election at which the question is to be submitted.
The | 25 |
| description of the territory shall be prepared by the local | 26 |
| election
official as set forth in the resolution or ordinance | 27 |
| initiating the public
question.
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| Whenever a local election official, an election authority, | 29 |
| or the State Board
of Elections is in receipt of an initiating | 30 |
| petition, or a certification
for the submission of a public | 31 |
| question at an election at which the public
question may not be | 32 |
| placed on the ballot or submitted because of the
limitations of | 33 |
| Section 28-1, such officer or board shall give notice of
such | 34 |
| prohibition, by registered mail, as follows:
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| (a) in the case of a petition, to any person designated on | 2 |
| a certificate
attached thereto as the proponent or as the | 3 |
| proponents' attorney for purposes
of notice of objections;
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| (b) in the case of a certificate from a local election | 5 |
| authority, to
such local election authority, who shall | 6 |
| thereupon give notice as provided
in subparagraph (a), or | 7 |
| notify the governing board which adopted the initiating
| 8 |
| resolution or ordinance;
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| (c) in the case of a certification from a circuit court | 10 |
| clerk of a court
order, to such court, which shall thereupon | 11 |
| give notice as provided in
subparagraph (a) and shall modify | 12 |
| its order in accordance with the provisions of this Act.
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| If the petition, resolution or ordinance initiating such | 14 |
| prohibited public
question did not specify a particular | 15 |
| election for its submission, the officer
or board responsible | 16 |
| for certifying the question to the election authorities
shall | 17 |
| certify or recertify the question, in the manner required | 18 |
| herein, for
submission on the ballot at the next regular | 19 |
| election no more than one year , or 15 months in the case of a | 20 |
| back door referendum as defined in subsection (f) of Section | 21 |
| 28-2,
subsequent to the filing of the initiating petition or | 22 |
| the adoption of the
initiating resolution or ordinance and at | 23 |
| which the public question may
be submitted, and the appropriate | 24 |
| election authorities
shall submit the question at such | 25 |
| election, unless the public question is
ordered submitted as an | 26 |
| emergency referendum pursuant to Section 2A-1.4
or is withdrawn | 27 |
| as may be provided by law.
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| (Source: P.A. 86-875.)
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| Section 10. The Counties Code is amended by changing
| 30 |
| Sections 1-3001, 1-3002, and 1-4004 as follows:
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| (55 ILCS 5/1-3001) (from Ch. 34, par. 1-3001)
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| Sec. 1-3001. Petition to form new county. Whenever it is |
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| desired to form a new county out of one or more
of the then | 2 |
| existing counties, and a petition praying for the erection of
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| such new county, stating and describing the territory proposed | 4 |
| to be taken
for such new county, together with the name of such | 5 |
| proposed new county,
must be signed by a majority of the legal | 6 |
| voters residing in the territory to be
stricken from such | 7 |
| county or counties equal in number to 1% of the total votes | 8 |
| cast in the affected territory for candidates for Governor in | 9 |
| the preceding gubernatorial election. The petition must be | 10 |
| signed by the petitioners not more than 24 months preceding the | 11 |
| date of the general election at which the question is to be | 12 |
| submitted and , shall be presented to the county
board of each | 13 |
| county to be affected by such division . If it appears
, and it | 14 |
| appearing that
such new county can be constitutionally formed, | 15 |
| it shall be the duty of
such county board or county boards to | 16 |
| make an order providing for the
submission of the question of | 17 |
| the erection of such new county to a vote of
the people of the | 18 |
| counties to be affected. The County Board or boards
shall | 19 |
| certify the question to the proper election officials, who | 20 |
| shall
submit the question to the voters at a general election, | 21 |
| in
accordance with the general election law. The form of the | 22 |
| proposition
shall be as follows: "For new county," and "Against | 23 |
| new county."
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| (Source: P.A. 86-962.)
| 25 |
| (55 ILCS 5/1-3002) (from Ch. 34, par. 1-3002)
| 26 |
| Sec. 1-3002. Election; effect. If it shall appear that a | 27 |
| majority of
the electors voting on the question
all the votes | 28 |
| cast at such
election , in each of the counties interested, is
| 29 |
| in favor of the erection of such new county, the county clerk | 30 |
| of each of
said counties shall certify the same to the | 31 |
| Secretary of State, stating in
such certificate the name, | 32 |
| territorial contents and boundaries of such new
county; | 33 |
| whereupon the Secretary of State shall notify the Governor of |
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| the
result of such election, whose duty it shall be to order an | 2 |
| election of
county officers for such new county in accordance | 3 |
| with the general election
law for the election of county | 4 |
| officers. At such election the qualified
voters of said new | 5 |
| county shall elect all county officers for said county,
except | 6 |
| as hereinafter excepted, who shall be commissioned and | 7 |
| qualified in
the same manner as such officers are in other | 8 |
| counties in this State, and
who shall continue in office until | 9 |
| the next regular election for such
officers, and until their | 10 |
| successors are elected and qualified, and who
shall have all | 11 |
| the jurisdiction and perform all the duties which are or may
be | 12 |
| conferred upon such officers in other counties of this State.
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| (Source: P.A. 86-962.)
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| (55 ILCS 5/1-4004) (from Ch. 34, par. 1-4004)
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| Sec. 1-4004. Effect of vote. If a majority of the electors | 16 |
| voting on the
question, in each of the counties, is
votes
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| polled in each of such counties at such election shall be in
| 18 |
| favor of said proposition, all that territory included within
| 19 |
| the established boundaries of the petitioning county, shall be
| 20 |
| united and annexed to the adjoining county, and such | 21 |
| petitioning
county, shall cease to have any separate existence | 22 |
| as a county,
but shall be merged into and form an integral part | 23 |
| of such
adjoining county, in fact and in name, at the time and | 24 |
| in the
manner hereinafter provided.
| 25 |
| (Source: P.A. 86-962.)
| 26 |
| Section 15. The Illinois Municipal Code is amended by | 27 |
| changing
Sections 2-2-3, 2-2-8, 2-3-6, 5-5-1, 11-66-3, and | 28 |
| 11-112-1 as follows:
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| (65 ILCS 5/2-2-3) (from Ch. 24, par. 2-2-3)
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| Sec. 2-2-3. The question shall be in
substantially the | 31 |
| following form:
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| -------------------------------------------------------------
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| Shall the city of.... YES
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| incorporate as a city under -------------------------------
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| the general law? NO
| 5 |
| -------------------------------------------------------------
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| The corporate authorities shall
cause the result of the canvass | 7 |
| to be entered on the records of the
city. If a majority of the | 8 |
| electors voting on the question
votes cast at the election | 9 |
| favor
incorporation as a city under the general law, the city | 10 |
| is incorporated
under this Code. Thereupon, the city officers | 11 |
| then in office shall
exercise the powers conferred upon like | 12 |
| officers in this Code, until
their successors are elected and | 13 |
| have qualified.
| 14 |
| (Source: P.A. 81-1489 .)
| 15 |
| (65 ILCS 5/2-2-8) (from Ch. 24, par. 2-2-8)
| 16 |
| Sec. 2-2-8. The proposition shall be in
substantially the | 17 |
| following form:
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| -------------------------------------------------------------
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| Shall the territory (here describe YES
| 20 |
| it) be incorporated as a city under ------------------
| 21 |
| the general law? NO
| 22 |
| -------------------------------------------------------------
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| The result of the election shall be entered of record in | 24 |
| the court.
If a majority of the electors voting on the | 25 |
| proposition
votes cast at the election
favor incorporation as a | 26 |
| city under the general law, the inhabitants of
the territory | 27 |
| described in the petition are incorporated as a city under
this | 28 |
| Code, with the name stated in the petition.
| 29 |
| Appeals may be taken as in other civil cases.
| 30 |
| (Source: P.A. 83-343 .)
| 31 |
| (65 ILCS 5/2-3-6) (from Ch. 24, par. 2-3-6)
| 32 |
| Sec. 2-3-6. Upon the filing of such a petition with the |
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| circuit
clerk, the court shall hear testimony and rule that the | 2 |
| area under
consideration is or is not a village in fact. The | 3 |
| ruling of the court
shall be entered of record in the court. If
| 4 |
| the court rules that
the area does not constitute a village in | 5 |
| fact, the petition to
incorporate the area as a village is | 6 |
| denied and no subsequent petition
concerning village | 7 |
| incorporation of any of the land described in the
earlier | 8 |
| petition may be filed within one year. If the court rules that
| 9 |
| the area does constitute a village in fact, such court shall | 10 |
| enter an order
so finding and the proposition shall be | 11 |
| certified and submitted to the electors
of such area in the | 12 |
| manner provided by the general election law. The proposition
| 13 |
| shall be in substantially the following form:
| 14 |
| -------------------------------------------------------------
| 15 |
| Shall the territory (here YES
| 16 |
| describe it) be incorporated as --------------------------
| 17 |
| a village under the general law? NO
| 18 |
| -------------------------------------------------------------
| 19 |
| The result of the election shall be entered of record in
| 20 |
| the court. If a majority of the electors voting on the | 21 |
| proposition
votes cast at the election favor
incorporation as a | 22 |
| village under the general law the inhabitants of the
territory | 23 |
| described in the petition are incorporated as a village under
| 24 |
| this Code with the name stated in the petition.
| 25 |
| (Source: P.A. 83-343 .)
| 26 |
| (65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
| 27 |
| Sec. 5-5-1. Petition for abandonment of managerial form; | 28 |
| referendum;
succeeding elections of officers and aldermen or | 29 |
| trustees.
| 30 |
| (a) A city or village that has operated for 4
years or more | 31 |
| under the
managerial form of municipal government may abandon | 32 |
| that
organization as provided in this Section. For the purposes | 33 |
| of this
Article, the
operation of the managerial form of |
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| municipal government shall be deemed
to begin on the date of | 2 |
| the appointment of the first manager in
the city or village. | 3 |
| When a petition for abandonment
signed by electors of the
| 4 |
| municipality equal in number to at least 10% of the number of | 5 |
| votes cast
for candidates for mayor at the preceding general | 6 |
| quadrennial municipal
election is filed with the circuit court | 7 |
| for the county in which that
city or village is located, the | 8 |
| court shall set a date not less than 10
nor more than 30 days | 9 |
| thereafter for a hearing on the sufficiency of the
petition. | 10 |
| Notice of the filing of the petition and of the date of the
| 11 |
| hearing shall be given in writing to the city or village clerk | 12 |
| and to
the mayor or village president at least 7 days before | 13 |
| the date of the
hearing. If the petition is found sufficient, | 14 |
| the court shall enter an
order directing that the
proposition | 15 |
| be submitted at an election other than a primary election for
| 16 |
| the municipality. The clerk of the court shall certify the | 17 |
| proposition to
the proper election authorities for submission.
| 18 |
| The proposition shall be in substantially the following form:
| 19 |
| Shall (name of city or village) retain the managerial | 20 |
| form of municipal government?
| 21 |
| (b) If the majority of the electors voting on the | 22 |
| proposition vote in the affirmative
votes at the
election are | 23 |
| "yes" , then the
proposition to abandon is rejected and the | 24 |
| municipality shall continue
operating under this Article 5. If | 25 |
| the majority of the electors voting on the proposition vote in | 26 |
| the negative
of the votes are "no" ,
then the proposition to | 27 |
| abandon operation under this Article 5 is
approved.
| 28 |
| (c) If the proposition for abandonment is approved, the | 29 |
| city or village
shall become subject to Article 3.1 or Article | 30 |
| 4,
whichever Article was in force in the city or village
| 31 |
| immediately before the adoption of the plan authorized by this | 32 |
| Article 5, upon the
election and qualification of officers to | 33 |
| be elected at the next
succeeding general municipal election. | 34 |
| Those officers shall be those
prescribed by Article 3.1 or |
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| Article 4, as the case may be, but the
change shall not in any | 2 |
| manner or degree affect the property rights or
liabilities of | 3 |
| the city or village. The mayor, clerk, and treasurer and
all | 4 |
| other elected officers of a city or village in office at the | 5 |
| time
the proposition for abandonment is approved shall continue | 6 |
| in office
until the expiration of the term for which they were | 7 |
| elected.
| 8 |
| (d) If a city or village operating under this Article 5 has | 9 |
| aldermen or
trustees elected from wards or districts and a | 10 |
| proposition to abandon operation under this Article 5 is | 11 |
| approved, then the officers
to be elected at the next
| 12 |
| succeeding general municipal election shall be elected from the | 13 |
| same
wards or districts as exist immediately before the | 14 |
| abandonment.
| 15 |
| (e) If a city or village operating under this Article 5 has | 16 |
| a council or
village board elected from the municipality at | 17 |
| large and a proposition
to abandon operation under this Article | 18 |
| 5 is approved, then
the first group of aldermen,
board of | 19 |
| trustees, or commissioners so elected shall be of the same
| 20 |
| number as was provided for in the municipality at the time of | 21 |
| the
adoption of a plan under this Article 5, with the same ward | 22 |
| or district
boundaries in cities or villages that immediately | 23 |
| before the adoption
of this Article 5 had wards or districts, | 24 |
| unless the municipal
boundaries have been changed. If there has | 25 |
| been such a change,
the council or village board shall so alter | 26 |
| the former ward or district
boundaries so as to conform as | 27 |
| nearly as possible to the former
division. If the plan | 28 |
| authorized by this Article 5 is
abandoned, the next general | 29 |
| municipal election for officers shall be
held at the time | 30 |
| specified in Section 3.1-10-75 or
3.1-25-15 for that
election. | 31 |
| The aldermen or trustees elected at that election shall, if
the | 32 |
| city or village was operating under Article 3 at the time of
| 33 |
| adoption of this Article 5 and had at that time staggered 4 | 34 |
| year terms
of office for the aldermen or trustees, choose by |
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| lot which shall serve
initial 2 year terms as provided by | 2 |
| Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in | 3 |
| the case of election of those officers at
the first
election | 4 |
| after a municipality is incorporated.
| 5 |
| (f) The proposition to abandon the managerial form of | 6 |
| municipal
government shall not be submitted in any city or | 7 |
| village oftener than
once in 12 months.
| 8 |
| (Source: P.A. 93-847, eff. 7-30-04.)
| 9 |
| (65 ILCS 5/11-66-3) (from Ch. 24, par. 11-66-3)
| 10 |
| Sec. 11-66-3.
If a majority of the electors voting on the | 11 |
| question
all votes cast at
the election are in favor of the tax
| 12 |
| levy for a municipal coliseum, the corporate authorities, in | 13 |
| the next
annual tax levy, shall include a tax not to exceed | 14 |
| .25% of the value, as
equalized or assessed by the Department | 15 |
| of Revenue, on all
the taxable property of the municipality for | 16 |
| the establishment of a
municipal coliseum in the municipality, | 17 |
| and thereafter may annually levy a
tax not to exceed .05% of | 18 |
| the value, as equalized or assessed by the
Department of | 19 |
| Revenue, on all the taxable property of the
municipality, for | 20 |
| the maintenance thereof and for the payment for the use
of any | 21 |
| money loaned or advanced to the municipality for the purpose of
| 22 |
| buying a site and building the municipal coliseum, and for the | 23 |
| repayment of
any money so loaned or advanced. Payment for the | 24 |
| use of money so loaned or
advanced shall be in such form and | 25 |
| manner as the board of directors may
determine, and the amount | 26 |
| so paid shall not exceed 5% annually on any money
so loaned or | 27 |
| advanced. The corporate authorities of such a municipality,
| 28 |
| when real estate owned by the municipality is not necessary for | 29 |
| any other
municipal purpose, may authorize the use of the real | 30 |
| estate for the
municipal coliseum.
| 31 |
| The foregoing limitations upon tax rates may be increased | 32 |
| or decreased
according to the referendum provisions of the | 33 |
| General Revenue Law of
Illinois.
|
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| (Source: P.A. 86-1028.)
| 2 |
| (65 ILCS 5/11-112-1) (from Ch. 24, par. 11-112-1)
| 3 |
| Sec. 11-112-1. When a vote has been taken under "An Act to | 4 |
| enable cities,
villages and towns threatened with overflow or | 5 |
| inundation to levy taxes by
vote of the electors thereof, to | 6 |
| strengthen, build, raise or repair the
levees around same and | 7 |
| to issue anticipation warrants on such taxes,"
approved June | 8 |
| 11, 1897, as amended, or when a vote is taken under this
| 9 |
| Section and Section 11-112-2 at a general municipal election in | 10 |
| a
municipality that is protected by levees or embankments, or | 11 |
| that may deem
it necessary to be so protected, and a majority | 12 |
| of the electors voting on the
question
legal votes cast at
the | 13 |
| election were or are for a tax to build, raise, strengthen, or | 14 |
| repair
the levees around the municipality, not exceeding the | 15 |
| rate of .1666%
annually, to be levied annually for a period of | 16 |
| not exceeding 7 years on
the taxable property of the | 17 |
| municipality, the corporate authorities of the
municipality | 18 |
| may (1) make an appropriation by ordinance of the proceeds of
| 19 |
| the tax so authorized, (2) pass an ordinance levying the tax | 20 |
| for the whole
period as authorized by the vote to be annually | 21 |
| extended, and (3) draw tax
anticipation warrants thereon to the | 22 |
| amount that the tax levy will produce
based on the assessment | 23 |
| of the preceding year of all the taxable property
of the | 24 |
| municipality. These warrants shall draw interest at not to | 25 |
| exceed
the rate authorized by the vote authorizing the tax, not | 26 |
| exceeding 7%
annually, but the warrants shall not be sold below | 27 |
| par.
| 28 |
| The foregoing limitation upon tax rate may be increased or | 29 |
| decreased
according to the referendum provisions of the General | 30 |
| Revenue Law of
Illinois.
| 31 |
| (Source: P.A. 76-845.)
| 32 |
| Section 20. The Fire Protection District Act is amended by |
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| changing
Sections 1 and 3 as follows:
| 2 |
| (70 ILCS 705/1) (from Ch. 127 1/2, par. 21)
| 3 |
| Sec. 1. It is hereby declared as a matter of legislative | 4 |
| determination
that in order to promote and protect the health, | 5 |
| safety, welfare and
convenience of the public, it is necessary | 6 |
| in the public interest to provide for the
creation of municipal | 7 |
| corporations known as fire protection districts and
to confer | 8 |
| upon and vest in the fire protection districts all powers | 9 |
| necessary
or appropriate in order that they may engage in the | 10 |
| acquisition, establishment,
maintenance and operation of fire | 11 |
| stations, facilities, vehicles, apparatus
and equipment for | 12 |
| the prevention and control of fire therein and the underwater
| 13 |
| recovery of drowning victims, and provide as nearly adequate | 14 |
| protection
from fire for lives and property within the | 15 |
| districts as possible and regulate
the prevention and control | 16 |
| of fire therein; and that the powers herein
conferred upon such | 17 |
| fire protection districts are public objects and governmental
| 18 |
| functions in the public interest.
| 19 |
| Whenever any territory is (1) an area of contiguous | 20 |
| territory in a county,
or in more than one but in not more than | 21 |
| 5 counties; (2) so situated that
the destruction by fire of the | 22 |
| buildings and other property therein is
hazardous to the lives | 23 |
| and property of the public; (3) so situated that the | 24 |
| acquisition,
establishment, maintenance and operation of a | 25 |
| fire station or stations,
facilities, vehicles, apparatus and | 26 |
| equipment for the prevention and control
of fire therein will | 27 |
| conduce to the promotion and protection of the health,
safety, | 28 |
| welfare and convenience of the public; (4) so situated that it | 29 |
| does
not divide any city, village or incorporated town, but, in | 30 |
| the case of a
city, village or incorporated town situated | 31 |
| partly within and partly without
one or more existing fire | 32 |
| protection districts, such territory shall not
be considered as | 33 |
| dividing the city, village or incorporated town if it includes
|
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| all of the city, village or incorporated town situated outside | 2 |
| of any existing
fire protection district; (5) so situated that | 3 |
| such territory contains no
territory included in any other fire | 4 |
| protection district, or if any territory
is disconnected in the | 5 |
| manner provided in Section 16c of this Act, the same
may be | 6 |
| incorporated as a fire protection district. For the purpose of
| 7 |
| meeting the requirement of item (1) that the territory be | 8 |
| contiguous,
territory shall be considered to be contiguous if | 9 |
| the only separation
between parts of such territory is land | 10 |
| owned by the United States, the
State of Illinois, or any | 11 |
| agency or instrumentality of either. In the case of territory
| 12 |
| disconnected from an existing district pursuant to Section 16c | 13 |
| of this Act,
such territory may be incorporated
as provided in | 14 |
| that Section; otherwise such districts may be incorporated
| 15 |
| under this Act in the manner following:
| 16 |
| Fifty or more of the legal voters resident within the | 17 |
| limits of the proposed
district, or a majority thereof if less | 18 |
| than 100, may petition the circuit
court for the county which | 19 |
| contains all or the largest portion of the proposed
district to | 20 |
| cause the question to be submitted to the legal voters of the
| 21 |
| proposed district, whether the proposed territory shall be | 22 |
| organized as
a fire protection district under this Act; the | 23 |
| petition shall be addressed
to the court and shall contain a | 24 |
| definite description of the boundaries
of the territory to be | 25 |
| embraced in the proposed district, and the name of
the proposed | 26 |
| district and shall allege facts in support of the organization
| 27 |
| and incorporation.
| 28 |
| Upon filing a petition in the office of the circuit clerk | 29 |
| of the county
in which the petition is made, the court shall | 30 |
| fix a time and place for
a hearing upon the subject of the | 31 |
| petition.
| 32 |
| Notice shall be given by the court to which the petition is | 33 |
| addressed,
or by the circuit clerk or sheriff of the county in | 34 |
| which the petition is
made at the order and direction of the |
|
|
|
09400SB0599sam001 |
- 18 - |
LRB094 04344 JAM 44525 a |
|
| 1 |
| court, of the time and place of the
hearing upon the subject of | 2 |
| the petition at least 20 days prior thereto
by one publication | 3 |
| thereof in one or more daily or weekly papers published
within | 4 |
| the proposed fire protection district (or if no daily or weekly | 5 |
| newspaper
is published within such proposed fire protection | 6 |
| district, then either
by one publication thereof in any | 7 |
| newspaper of general circulation within
that territory or by | 8 |
| posting at least 10 copies of the notice in the district
at | 9 |
| least 20 days before the hearing in conspicuous places as far | 10 |
| separated
from each other as consistently possible), and by | 11 |
| mailing a copy of the
notice to the mayor or president of the | 12 |
| board of trustees of all cities,
villages and incorporated | 13 |
| towns in whole or in part within the proposed
fire protection | 14 |
| district.
| 15 |
| At the hearing all persons residing in or owning property | 16 |
| situated in the
proposed fire protection district shall have an | 17 |
| opportunity to be heard;
and if the court finds that the | 18 |
| petition does not comply with the provisions
of this Act or | 19 |
| that the allegations of the petition are not true, the court
| 20 |
| shall dismiss the petition; but if the court finds that the | 21 |
| petition complies
with the provisions of this Act and that the | 22 |
| allegations of the petition
are true, the same shall be | 23 |
| incorporated in an order which shall be filed
of record in the | 24 |
| court. Upon
the entering of such order
the court shall order | 25 |
| the submission to the legal voters of the proposed
fire | 26 |
| protection district the question of organization and | 27 |
| establishment
of the proposed fire protection district at an | 28 |
| election. The circuit clerk
shall certify the question and the | 29 |
| order to the proper election officials
who shall submit the | 30 |
| question at an election in accordance with the general
election | 31 |
| law.
The notice of the referendum shall specify the purpose of | 32 |
| such election
with a description of the proposed district.
| 33 |
| The question shall be in substantially the following form:
| 34 |
| -------------------------------------------------------------
|
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| For Fire Protection District.
| 2 |
| -------------------------------------------------------------
| 3 |
| Against Fire Protection District.
| 4 |
| -------------------------------------------------------------
| 5 |
| The court shall cause a written statement of the results of | 6 |
| such election
to be filed of record in the court. If
no city or | 7 |
| village or incorporated town nor any part thereof is included
| 8 |
| in the territory proposed as a district and the majority of the | 9 |
| electors voting
votes cast
at such election upon the question | 10 |
| shall be in favor of the incorporation
of the proposed fire | 11 |
| protection district, or if a city or village or incorporated
| 12 |
| town or any part thereof is included in the territory proposed | 13 |
| as a district
and a majority of the electors voting
votes cast
| 14 |
| at such election upon the question, within the limits of each | 15 |
| city or village
or incorporated town and also a majority of the | 16 |
| electors voting on the question
those cast outside the limits
| 17 |
| of each such city or village or incorporated town shall be in | 18 |
| favor of the
proposed fire protection district, or if a city or | 19 |
| village or
incorporated town is included in the territory | 20 |
| proposed
as a district and a majority of the electors voting
| 21 |
| votes cast at such election upon the
question within the limits | 22 |
| of such city or village or incorporated town
or in any other | 23 |
| city or village or incorporated town
which is included in the | 24 |
| proposed territory shall be in
favor of the proposed fire | 25 |
| protection district, and even if a majority of
the electors | 26 |
| voting upon the question
votes cast outside the limits of such | 27 |
| city or cities or village or
villages or incorporated town or | 28 |
| towns, are not in favor
of the proposed fire protection | 29 |
| district, in each city or village or
incorporated town in which | 30 |
| a majority of the electors voting on the question are
casts a | 31 |
| majority of votes in
favor of the proposed district, the | 32 |
| proposed district or portion
of the proposed district in which | 33 |
| a majority of the electors voting on the question
votes cast at | 34 |
| the
election are in favor
of the proposition as provided in |
|
|
|
09400SB0599sam001 |
- 20 - |
LRB094 04344 JAM 44525 a |
|
| 1 |
| this amendatory Act of 1986 and this amendatory Act of the 94th | 2 |
| General Assembly shall
thenceforth be deemed
an organized fire | 3 |
| protection district under this Act, and the
court shall enter | 4 |
| an order accordingly and cause the same to be filed
of record | 5 |
| in the court and shall also cause
to be sent to the county
| 6 |
| clerk of any and all other counties in which any portion of the | 7 |
| district
lies and the Office of the State Fire Marshal a | 8 |
| certified copy of the order
organizing the district and a plat | 9 |
| of the same indicating what lands of
the district lie in such | 10 |
| other county or counties. The circuit clerk shall
also file | 11 |
| with the Office of the State Fire Marshal a certified copy of
| 12 |
| any other order organizing any other fire protection district | 13 |
| which may
have been theretofore organized in the county.
| 14 |
| (Source: P.A. 85-1434 .)
| 15 |
| (70 ILCS 705/3) (from Ch. 127 1/2, par. 23)
| 16 |
| Sec. 3. Additional contiguous territory having the | 17 |
| qualifications set
forth in Section 1 may be added to any fire | 18 |
| protection district as
provided for in this Act in the manner | 19 |
| following:
| 20 |
| (a) One percent or more of the legal voters resident within | 21 |
| the limits of
the proposed addition to the fire protection
| 22 |
| district may petition the
court of the county in which the | 23 |
| original petition for the formation of
the fire protection | 24 |
| district was filed, to cause the question to be
submitted to | 25 |
| the legal voters of the proposed additional territory
whether | 26 |
| the proposed additional territory shall become a part of any
| 27 |
| contiguous fire protection district organized under this Act | 28 |
| and whether
the voters of the additional territory shall assume | 29 |
| a proportionate
share of the bonded indebtedness of the | 30 |
| district. The petition shall
be addressed to the court and | 31 |
| shall contain a definite description of
the boundaries of the | 32 |
| territory to be embraced in the proposed addition
and shall | 33 |
| allege facts in support of such addition.
|
|
|
|
09400SB0599sam001 |
- 21 - |
LRB094 04344 JAM 44525 a |
|
| 1 |
| Upon filing the petition in the office of the circuit clerk | 2 |
| of the
county in which the original petition for the formation | 3 |
| of the fire
protection district was filed, it shall be the duty | 4 |
| of the court to fix
a time and place of a hearing upon the | 5 |
| subject of the petition.
| 6 |
| Notice shall be given by the court, or by the circuit clerk | 7 |
| or
sheriff upon order of the court of the county in which the | 8 |
| petition is
filed, of the time and place of a hearing upon the | 9 |
| petition in the
manner as provided in Section 1. The conduct of | 10 |
| the hearing on the question whether the
proposed additional | 11 |
| territory shall become a part of the fire protection
district | 12 |
| shall be carried out in the manner described in Section 1, as
| 13 |
| nearly as may be. The question shall be in substantially the | 14 |
| following form:
| 15 |
| -------------------------------------------------------------
| 16 |
| For joining the.... Fire
| 17 |
| Protection District and assuming a
| 18 |
| proportionate share of bonded
| 19 |
| indebtedness, if any.
| 20 |
| -------------------------------------------------------------
| 21 |
| Against joining the.... Fire
| 22 |
| Protection District and assuming a
| 23 |
| proportionate share of bonded
| 24 |
| indebtedness, if any.
| 25 |
| -------------------------------------------------------------
| 26 |
| If a majority of the electors voting
votes cast at the | 27 |
| election upon the question of
becoming a part of any contiguous | 28 |
| fire protection district are in favor
of becoming a part of | 29 |
| that fire protection district and if the trustees
of the fire | 30 |
| protection district accept the proposed additional
territory | 31 |
| by resolution, the proposed additional territory shall be
| 32 |
| deemed an integral part of that fire protection district and | 33 |
| shall be
subject to all the benefits of service and | 34 |
| responsibilities of the
district as set forth in this Act.
|
|
|
|
09400SB0599sam001 |
- 22 - |
LRB094 04344 JAM 44525 a |
|
| 1 |
| (b) The owner or owners of any tract or tracts of land, | 2 |
| contiguous to an
existing fire protection district and not | 3 |
| already included in a fire
protection district, may file a | 4 |
| written petition, addressed to the
trustees of the fire | 5 |
| protection district to which they seek to have
their tract or | 6 |
| tracts of land attached, containing a definite
description of | 7 |
| the boundaries of the territory and a statement that they
| 8 |
| desire that their property become a part of the fire protection | 9 |
| district
to which their petition is addressed, and that they | 10 |
| are willing that
their property assume a proportionate share of | 11 |
| the bonded indebtedness,
if any, of the fire protection | 12 |
| district.
| 13 |
| When such a petition is filed with the trustees, they shall
| 14 |
| immediately pass a resolution to accept or reject the territory | 15 |
| proposed
to be attached. If the trustees resolve in favor of | 16 |
| accepting the
territory, they shall file with the court of the | 17 |
| county where the fire
protection district was organized the | 18 |
| original petition and a certified
copy of the resolution, and | 19 |
| the court shall then enter an order stating
that the proposed | 20 |
| annexed territory shall be deemed an integral part of
that fire | 21 |
| protection district and subject to all of the benefits of
| 22 |
| service and responsibilities of the district. The circuit clerk | 23 |
| shall
transmit a certified copy of the order to the county
| 24 |
| clerk of each county in which any of the territory affected is | 25 |
| situated
and to the State Fire Marshal.
| 26 |
| (c) Upon the annexation of territory by a district, the | 27 |
| boundary shall
extend to the far side of any adjacent highway | 28 |
| and shall include all of
every highway within the area annexed. | 29 |
| These highways shall be considered
to be annexed even though | 30 |
| not included in the legal description set forth
in the petition | 31 |
| for annexation.
| 32 |
| (Source: P.A. 85-556; 86-1191 .)
| 33 |
| Section 25. The River Conservancy Districts Act is amended |
|
|
|
09400SB0599sam001 |
- 23 - |
LRB094 04344 JAM 44525 a |
|
| 1 |
| by changing
Section 1 as follows:
| 2 |
| (70 ILCS 2105/1) (from Ch. 42, par. 383)
| 3 |
| Sec. 1. Whenever the unified control of a lake or of a | 4 |
| river system
or a portion thereof shall be deemed conducive to | 5 |
| the prevention of
stream pollution development, conservation | 6 |
| and protection of water
supply, preservation of water levels, | 7 |
| control or prevention of floods,
reclamation of wet and | 8 |
| overflowed lands, development of irrigation,
conservation of | 9 |
| soil, provision of domestic, industrial or public water
| 10 |
| supplies, collection and disposal of sewage and other public | 11 |
| liquid
wastes, provision of forests, wildlife areas, parks and | 12 |
| recreational
facilities, and to the promotion of the public | 13 |
| health, comfort and
convenience the same may be organized as a | 14 |
| conservancy district under
this Act in the manner following:
| 15 |
| One per cent or more of the legal voters resident within | 16 |
| the limits
of such proposed district, and, with respect to | 17 |
| petitions filed on or
after the effective date of this | 18 |
| amendatory Act of 1990, one percent of the
legal voters | 19 |
| resident in each county in which the proposed district
is | 20 |
| situated, may petition the circuit court for the county
which | 21 |
| contains all or the largest portion of the proposed district to
| 22 |
| cause the question to be submitted to the legal voters of such | 23 |
| proposed
district, whether such proposed territory shall be | 24 |
| organized as a
conservancy district under this Act, which | 25 |
| petition shall be addressed
to the court and shall contain a | 26 |
| general description of the boundaries
of the territory to be | 27 |
| embraced in the proposed district and the name of
such proposed | 28 |
| district. The description need not be given by metes and
bounds | 29 |
| or by legal subdivisions, but it shall be sufficient if a
| 30 |
| generally accurate description is given of the territory to be | 31 |
| organized
as a district. Such territory need not be contiguous, | 32 |
| provided that it
be so situated that the public health, safety, | 33 |
| convenience or welfare
will be promoted by the organization as |
|
|
|
09400SB0599sam001 |
- 24 - |
LRB094 04344 JAM 44525 a |
|
| 1 |
| a single district of the
territory described.
| 2 |
| Upon filing such petition in the office of the circuit | 3 |
| clerk of the
county in which such petition is filed as | 4 |
| aforesaid it shall be the duty
of the court to consider the | 5 |
| boundaries of any such proposed conservancy
district, whether | 6 |
| the same shall be those stated in the petition or
otherwise. | 7 |
| The decision of the court is appealable as in other civil
| 8 |
| cases.
| 9 |
| The court shall by order fix a time and place for a hearing | 10 |
| on the
petition not less than 60 days after the date of such | 11 |
| order. Notice
shall be given by the court to whom the petition | 12 |
| is addressed of the
time and place where such commissioners | 13 |
| shall meet for such hearing by a
publication inserted once in | 14 |
| one or more daily or weekly papers
published within the | 15 |
| proposed conservancy district, or if no daily or
weekly | 16 |
| newspaper is published within such proposed conservancy | 17 |
| district,
then by posting such notice, at least 10 copies, in | 18 |
| such proposed
district at least 20 days before such meeting, in | 19 |
| conspicuous public
places as far separated from each other as | 20 |
| consistently possible.
| 21 |
| At such hearing all persons in such proposed conservancy | 22 |
| district
shall have an opportunity to be heard, touching upon | 23 |
| the location and
boundaries of such proposed district and to | 24 |
| make suggestions regarding
the same, and the court, after | 25 |
| hearing statements, evidence and
suggestions, shall fix and | 26 |
| determine the limits and boundaries of such
proposed district, | 27 |
| and for that purpose and to that extent, may alter
and amend | 28 |
| such petition. After such determination by the court, the same
| 29 |
| shall be incorporated in an order which shall be entered of | 30 |
| record in
the circuit court or courts of the counties situate | 31 |
| in
the proposed district and the court shall also by the order | 32 |
| provide for
the holding of a referendum as herein provided.
| 33 |
| Upon the entering of such order the court shall certify the | 34 |
| question of
organization and establishment of the proposed |
|
|
|
09400SB0599sam001 |
- 25 - |
LRB094 04344 JAM 44525 a |
|
| 1 |
| conservancy district as
determined by the court to the proper | 2 |
| election officials who shall submit
the question at an election | 3 |
| in accordance with the general election law.
In addition to the | 4 |
| requirements of the general election law,
notice of the | 5 |
| referendum shall specify the purpose of the referendum
and | 6 |
| contain a description of such proposed district.
The clerk of | 7 |
| the court shall send notice of the referendum to the county
| 8 |
| board of each county in which the proposed district is | 9 |
| situated.
| 10 |
| Each legal voter resident within such proposed conservancy | 11 |
| district
shall have the right to cast a ballot at such | 12 |
| election. The question
shall be in substantially the following | 13 |
| form:
| 14 |
| -------------------------------------------------------------
| 15 |
| Shall a Conservancy District
| 16 |
| be organized, with authority to levy
| 17 |
| an annual tax at a maximum rate of YES
| 18 |
| ... % (maximum rate authorized under
| 19 |
| Section 17 of the River Conservancy ----------------------
| 20 |
| Districts Act) of the value of all
| 21 |
| taxable property within the limits of NO
| 22 |
| the District as equalized or assessed
| 23 |
| by the Department of Revenue?
| 24 |
| -------------------------------------------------------------
| 25 |
| The ballots cast on the question in each county shall be | 26 |
| returned and
canvassed by the county clerk of the county in | 27 |
| which the same are cast and
such county clerks respectively | 28 |
| shall file with the county clerk of the
county, in which the | 29 |
| petition is filed, a true copy of the return and
canvass of the | 30 |
| votes cast in each of said counties and thereupon the county
| 31 |
| clerk of the county in which such petition is filed shall | 32 |
| canvass the
entire vote cast in the election from the returns | 33 |
| furnished by such
respective county clerks and shall ascertain | 34 |
| the result of such referendum
and certify the same to the |
|
|
|
09400SB0599sam001 |
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|
| 1 |
| court. The court shall cause a statement of the
results of such | 2 |
| referendum to be entered of record in the court. If a
majority | 3 |
| of the electors voting
votes cast at such election upon the | 4 |
| question shall be in
favor of the organization of the proposed | 5 |
| conservancy district such
proposed district shall thenceforth | 6 |
| be deemed an organized conservancy
district under this Act and | 7 |
| a municipal corporation with the powers and
duties herein | 8 |
| conferred and bearing the name set forth in the petition.
| 9 |
| (Source: P.A. 86-1307 .)
| 10 |
| Section 30. The North Shore Sanitary District Act is | 11 |
| amended by changing
Sections 26 and 27 as follows:
| 12 |
| (70 ILCS 2305/26) (from Ch. 42, par. 296.6)
| 13 |
| Sec. 26. Additional contiguous territory may be added to | 14 |
| any sanitary
district organized under this Act in the manner | 15 |
| following:
| 16 |
| Ten per cent or more of the legal voters resident within | 17 |
| the limits
of such proposed addition to such sanitary district | 18 |
| may petition the
circuit court for the county in which such | 19 |
| sanitary district is located
to cause the question to be | 20 |
| submitted to the legal voters of such
proposed additional | 21 |
| territory whether such proposed additional territory
shall | 22 |
| become a part of any contiguous sanitary district organized | 23 |
| under
this Act and whether such additional territory and the | 24 |
| taxpayers thereof
shall assume a proportionate share of the | 25 |
| bonded indebtedness, if any,
of such sanitary district. Such | 26 |
| petition shall be addressed to the court
and shall contain a | 27 |
| definite description of the boundaries of the
territory sought | 28 |
| to be added. Provided that no territory disqualified in
Section | 29 |
| 1 of this Act shall be included.
| 30 |
| Upon filing such petition in the office of the circuit | 31 |
| clerk of the
county in which such sanitary district is located | 32 |
| it shall be the duty
of the court to consider the boundaries of |
|
|
|
09400SB0599sam001 |
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|
| 1 |
| such proposed additional
territory, whether the same shall be | 2 |
| those stated in the petition or
otherwise. The decision of the | 3 |
| court shall be a final order and
appealable as in other civil | 4 |
| cases.
| 5 |
| Notice shall be given by the court of the time and place | 6 |
| when and
where all persons interested will be heard | 7 |
| substantially as provided in
and by Section 1 of this Act.
The | 8 |
| court shall certify its order and the proposition to the proper | 9 |
| election
officials who shall submit the proposition at an | 10 |
| election in accordance
with the general election law.
The | 11 |
| proposition shall be in substantially the following form:
| 12 |
| -------------------------------------------------------------
| 13 |
| For joining sanitary district and
| 14 |
| assuming a proportionate share
| 15 |
| of bonded indebtedness, if any.
| 16 |
| -------------------------------------------------------------
| 17 |
| Against joining sanitary district
| 18 |
| and assuming a proportionate
| 19 |
| share of bonded indebtedness,
| 20 |
| if any.
| 21 |
| -------------------------------------------------------------
| 22 |
| If a majority of the electors voting on the question
votes cast | 23 |
| at such election shall be in favor of
becoming a part of such | 24 |
| sanitary district and if the trustees of such
sanitary district | 25 |
| accept the proposed additional territory by ordinance
annexing | 26 |
| the same, the court shall enter an appropriate order of record
| 27 |
| in the court, and such additional territory shall thenceforth | 28 |
| be
deemed an integral part of such sanitary district. Any such | 29 |
| additional
contiguous territory may be annexed to such sanitary | 30 |
| district upon
petition addressed to such court, signed by a | 31 |
| majority of the owners of
lands constituting such territory | 32 |
| who, in the case of natural persons,
shall have arrived at | 33 |
| lawful age and who represent a majority in area of
such | 34 |
| territory, which said petition shall contain a definite |
|
|
|
09400SB0599sam001 |
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|
| 1 |
| description
of the boundaries of such territory and shall set | 2 |
| forth the willingness
of the petitioners that such territory | 3 |
| and the taxpayers thereof assume
a proportionate share of the | 4 |
| bonded indebtedness, if any, of such
sanitary district. Upon | 5 |
| the filing of such petition and notice of and
hearing and | 6 |
| decision upon the same by the aforesaid commissioners, all
as | 7 |
| hereinbefore provided, such commissioners or a majority of | 8 |
| them,
shall enter an order containing their findings and | 9 |
| decision as to the
boundaries of the territory to be annexed; | 10 |
| and thereupon, if the
trustees of such sanitary district shall | 11 |
| pass an ordinance annexing the
territory described in such | 12 |
| order to said sanitary district, the court
shall enter an | 13 |
| appropriate order as hereinabove provided, and such
additional | 14 |
| territory shall thenceforth be deemed an integral part of
such | 15 |
| sanitary district.
| 16 |
| (Source: P.A. 83-343 .)
| 17 |
| (70 ILCS 2305/27) (from Ch. 42, par. 296.7)
| 18 |
| Sec. 27. Any contiguous territory located within the | 19 |
| boundaries of
any sanitary district organized under this Act, | 20 |
| and upon the border of
such district, may become disconnected | 21 |
| from such district in the manner
following, to wit: 10% or more | 22 |
| of the legal voters resident in the
territory sought to be | 23 |
| disconnected from such district, may petition the
circuit court | 24 |
| for the county in which such sanitary district is located
to | 25 |
| cause the question of whether such territory shall be | 26 |
| disconnected to
be submitted to the legal voters of such | 27 |
| territory. Such petition shall
be addressed to the court and | 28 |
| shall contain a definite description of
the boundaries of such | 29 |
| territory and recite as a fact, that there is no
outstanding | 30 |
| bonded indebtedness of such sanitary district which was
| 31 |
| incurred or assumed while such territory was a part of such | 32 |
| sanitary
district and that no special assessments for local | 33 |
| improvements were
levied upon or assessed against any of the |
|
|
|
09400SB0599sam001 |
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|
| 1 |
| lands within such territory
or, if so levied or assessed, that | 2 |
| all of such assessments have been
fully paid and discharged and | 3 |
| that such territory is not, at the time of
the filing of such | 4 |
| petition, and will not be, either benefited or served
by any | 5 |
| work or improvements either then existing or then authorized by
| 6 |
| said sanitary district. Upon filing such petition in the office | 7 |
| of the
circuit clerk of the county in which such sanitary | 8 |
| district is located
it shall be the duty of the court to | 9 |
| consider the boundaries of such
territory and the facts upon | 10 |
| which the petition is founded. The court
may alter the | 11 |
| boundaries of such territory and shall deny the prayer of
the | 12 |
| petition, if the material allegations therein contained are not
| 13 |
| founded in fact; a decision of said commissioners or a majority | 14 |
| of them
shall be conclusive and not subject to review.
| 15 |
| Notice shall be given by the court of the time and place | 16 |
| when and
where all persons interested will be heard | 17 |
| substantially as provided in
and by Section 1 of this Act. The | 18 |
| court shall certify its order and the
question to the proper | 19 |
| election officials who shall submit the question
at an election | 20 |
| in accordance with the general election law. The proposition
| 21 |
| shall be in substantially the following form:
| 22 |
| -------------------------------------------------------------
| 23 |
| For disconnection from
| 24 |
| sanitary district.
| 25 |
| -------------------------------------------------------------
| 26 |
| Against disconnection from
| 27 |
| sanitary district.
| 28 |
| -------------------------------------------------------------
| 29 |
| If a majority of the electors voting on the proposition
votes | 30 |
| cast at such election shall be in favor of
disconnection, and | 31 |
| if the trustees of such sanitary district shall, by
ordinance, | 32 |
| disconnect such territory, thereupon the court shall enter an
| 33 |
| appropriate order of record in the court and thereafter such
| 34 |
| territory shall thenceforth be deemed disconnected from such |
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| sanitary
district.
| 2 |
| (Source: P.A. 83-343 .)
| 3 |
| Section 35. The Street Light District Act is amended by | 4 |
| changing
Section 2a as follows:
| 5 |
| (70 ILCS 3305/2a) (from Ch. 121, par. 356a)
| 6 |
| Sec. 2a. Additional territory having the qualifications | 7 |
| set forth in
Section 1 may be added to any street lighting | 8 |
| district as provided for
in this Act in the manner following:
| 9 |
| Fifty or more of the legal voters resident within the | 10 |
| limits of such
proposed addition to such street lighting | 11 |
| district may petition the
circuit court of the county in which | 12 |
| the original petition for the
formation of said street lighting | 13 |
| district was filed, to cause the
question to be submitted to | 14 |
| the legal voters of such proposed additional
territory whether | 15 |
| such proposed additional territory shall become a part
of any | 16 |
| street lighting district organized under this Act and whether | 17 |
| the
voters of the additional territory shall assume a | 18 |
| proportionate share of
the bonded indebtedness of such | 19 |
| district. The petition shall be
addressed to the court and | 20 |
| shall contain a definite description of the
boundaries of the | 21 |
| territory to be embraced in the proposed addition and
shall | 22 |
| allege facts in support of the addition.
| 23 |
| Upon filing the petition in the office of the circuit clerk | 24 |
| of the
county in which the original petition for the formation | 25 |
| of such street
lighting district was filed, it shall be the | 26 |
| duty of the court to fix a
time and place of a hearing upon the | 27 |
| subject of said petition.
| 28 |
| Notice shall be given by the circuit court, or by the | 29 |
| circuit clerk
or sheriff upon order of the circuit court of the | 30 |
| county in which such
petition is filed, of the time and place | 31 |
| of a hearing upon the petition
in the manner as provided in | 32 |
| Section 1. The conduct of the hearing and
the manner of |
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| conducting a subsequent referendum on the
question whether
the | 2 |
| proposed additional territory shall become a part of the street
| 3 |
| lighting district, shall be carried out in the manner described | 4 |
| in
Section 1, as nearly as may be, and in accordance with the | 5 |
| general election
law but the question
shall be in substantially | 6 |
| the following form, to-wit:
| 7 |
| -------------------------------------------------------------
| 8 |
| For joining the.... Street
| 9 |
| Lighting District and assuming a
| 10 |
| proportionate share of bonded
| 11 |
| indebtedness, if any.
| 12 |
| -------------------------------------------------------------
| 13 |
| Against joining the.... Street
| 14 |
| Lighting District and assuming a
| 15 |
| proportionate share of bonded
| 16 |
| indebtedness, if any.
| 17 |
| -------------------------------------------------------------
| 18 |
| If a majority of the electors voting
votes cast at the | 19 |
| election upon the question of
becoming a part of any street | 20 |
| lighting district shall be in favor of
becoming a part of such | 21 |
| street lighting district and if the trustees of
said street | 22 |
| lighting district accept the proposed additional territory
by | 23 |
| resolution, such proposed additional territory shall | 24 |
| thenceforth be
deemed an integral part of such street lighting | 25 |
| district and shall be
subject to all the benefits of service | 26 |
| and responsibilities of said
district as herein set forth.
| 27 |
| The owner or owners of any tract or tracts of land not | 28 |
| included in a
street lighting district, may file a written | 29 |
| petition, addressed to the
trustees of the street lighting | 30 |
| district to which they seek to have
their tract or tracts of | 31 |
| land attached, containing a definite
description of the | 32 |
| boundaries of the territory and a statement that they
desire | 33 |
| that their property become a part of the street lighting | 34 |
| district
to which their petition is addressed, and that they |
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| are willing that
their property assume a proportionate share of | 2 |
| the bonded indebtedness,
if any, of such street lighting | 3 |
| district.
| 4 |
| When such a petition is filed with the trustees, they shall
| 5 |
| immediately pass a resolution to accept or reject the territory | 6 |
| proposed
to be attached. If the trustees resolve in favor of | 7 |
| accepting such
territory, they shall file with the court of the | 8 |
| county where the street
lighting district was organized the | 9 |
| original petition and a certified
copy of the resolution and | 10 |
| the circuit clerk shall then enter an order
stating that such | 11 |
| proposed annexed territory shall thenceforth be deemed
an | 12 |
| integral part of such street lighting district and subject to | 13 |
| all of
the benefits of service and responsibilities of the | 14 |
| district. The
circuit clerk shall transmit a certified copy of | 15 |
| the order to the county
clerk of each county in which any of | 16 |
| the territory affected is situated.
| 17 |
| (Source: P.A. 81-1489 .)
| 18 |
| Section 40. The School Code is amended by changing
Section | 19 |
| 32-1 as follows:
| 20 |
| (105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
| 21 |
| Sec. 32-1. May vote to organize under general law.
| 22 |
| (a) Any special charter district may, by vote of its | 23 |
| electors, cease to
control its school under the Act under which | 24 |
| it was organized, and become part
of the school township or | 25 |
| townships in which it is situated. Upon petition of
50 voters | 26 |
| of the district, presented to the board having the control and
| 27 |
| management of the schools, the board shall order submitted to | 28 |
| the voters at an
election to be held in the district, in | 29 |
| accordance with the general election
law, the question of | 30 |
| "organizing under the general school law".
The secretary of the | 31 |
| board shall make certification to the proper election
authority | 32 |
| in accordance with the general election law. If, however, a
|
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| majority of the electors
votes cast at any such election in any | 2 |
| school district subject
to Sections 32-3 through 32-4.11 voting | 3 |
| on the question
is against organizing the district under
the | 4 |
| general school law, the question may not again be submitted in | 5 |
| the district
for 22 months thereafter, and then only upon | 6 |
| petition signed by at least 2% of
the voters of the school | 7 |
| district. Notice shall be given in accordance with
the general | 8 |
| election law, which notice shall be in the following form:
| 9 |
| NOTICE OF REFERENDUM
| 10 |
| Notice is hereby given that on (insert date), a referendum | 11 |
| will be held at.... for the purpose of deciding the
question of | 12 |
| organizing under the general school law. The polls will be | 13 |
| opened
at .... o'clock ..m and closed at .... o'clock ..m.
| 14 |
| Signed .....
| 15 |
| If a majority of the electors voting
votes cast on the | 16 |
| proposition is in favor of organizing
under the general school | 17 |
| law, then the board having the control and management
of | 18 |
| schools in the district, shall declare the proposition carried.
| 19 |
| When such a proposition is declared to have so carried, the | 20 |
| board of
education shall continue to exercise its powers and | 21 |
| duties under the general
school law. Each member of the board | 22 |
| of education selected under the provisions
of the special | 23 |
| charter shall continue in office until his term has expired.
| 24 |
| Before the term of each of these members expires, the board | 25 |
| shall give notice
of an election to be held on the date of the | 26 |
| next regular school election, in
accordance with the general | 27 |
| election law to fill the vacancy which is created.
Nomination | 28 |
| papers filed under this Section are not valid unless the | 29 |
| candidate
named therein files with the secretary of the board | 30 |
| of education a receipt
from the county clerk showing that the | 31 |
| candidate has filed a statement of
economic interests as | 32 |
| required by the Illinois Governmental Ethics Act.
Such receipt | 33 |
| shall be so filed either previously during the calendar year
in |
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| which his nomination papers were filed or within the period for | 2 |
| the filing
of nomination papers in accordance with the general | 3 |
| election law.
| 4 |
| (b) Notwithstanding the foregoing, any special charter | 5 |
| district whose board
is appointed by the mayor or other | 6 |
| corporate authority of that municipality
may, by resolution | 7 |
| adopted by the corporate authorities of that municipality
cease | 8 |
| to control its school under the Act under which it was | 9 |
| organized,
become a part of the school township or townships in | 10 |
| which it is situated
and become organized under the general | 11 |
| school law. If such a resolution
is adopted, the board of | 12 |
| education shall continue to exercise its powers
and duties | 13 |
| under the general school law. Each member of the board of | 14 |
| education
selected under the provisions of the special charter | 15 |
| shall continue in office
until his term has expired. Before the | 16 |
| term of each of these members expires,
the board shall give | 17 |
| notice of an election to be held on the date of the
next | 18 |
| regular school election, in accordance with the general | 19 |
| election law
to fill the vacancy which is created.
| 20 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 21 |
| Section 45. The Public Community College Act is amended by | 22 |
| changing
Section 3-5 as follows:
| 23 |
| (110 ILCS 805/3-5) (from Ch. 122, par. 103-5)
| 24 |
| Sec. 3-5. The proposition shall be in substantially the | 25 |
| following form:
| 26 |
| FOR the establishment of a community college district with | 27 |
| authority
to levy taxes at the rate of.... per cent for | 28 |
| educational purposes,
and.... per cent for operations and
| 29 |
| maintenance of facilities purposes.
| 30 |
| AGAINST the establishment of a community college district | 31 |
| with
authority to levy taxes at the rate of.... per cent for | 32 |
| educational
purposes, and.... per cent for operations and
|
|
|
|
09400SB0599sam001 |
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LRB094 04344 JAM 44525 a |
|
| 1 |
| maintenance of facilities purposes.
| 2 |
| In order for the proposition to be approved, a majority of | 3 |
| the electors
voting on the proposition
votes
cast in the | 4 |
| territory at the election must be in favor of the proposition | 5 |
| of
establishing a community college district; provided, | 6 |
| however, that
if the territory described in the petition
| 7 |
| includes one or more community college districts, the | 8 |
| proposition has not
received a majority of the votes cast on | 9 |
| the proposition unless it also
receives a majority of the votes | 10 |
| cast on the proposition within the
territory included within | 11 |
| each such district, the count to be taken
separately within | 12 |
| such districts.
| 13 |
| (Source: P.A. 85-1335.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
|
|