Full Text of HB5856 98th General Assembly
HB5856ham002 98TH GENERAL ASSEMBLY | Rep. Donald L. Moffitt Filed: 3/12/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5856
| 2 | | AMENDMENT NO. ______. Amend House Bill 5856 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fire Protection District Act is amended by | 5 | | changing Section 3 as follows:
| 6 | | (70 ILCS 705/3) (from Ch. 127 1/2, par. 23)
| 7 | | Sec. 3.
Additional contiguous territory having the | 8 | | qualifications set
forth in Section 1 may be added to any fire | 9 | | protection district as
provided for in this Act in the manner | 10 | | following:
| 11 | | (a) One percent or more of the legal voters resident within | 12 | | the limits of
the proposed addition to the fire protection
| 13 | | district may petition the
court of the county in which the | 14 | | original petition for the formation of
the fire protection | 15 | | district was filed, to cause the question to be
submitted to | 16 | | the legal voters of the proposed additional territory
whether |
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| 1 | | the proposed additional territory shall become a part of any
| 2 | | contiguous fire protection district organized under this Act | 3 | | and whether
the voters of the additional territory shall assume | 4 | | a proportionate
share of the bonded indebtedness of the | 5 | | district. The petition shall
be addressed to the court and | 6 | | shall contain a definite description of
the boundaries of the | 7 | | territory to be embraced in the proposed addition
and shall | 8 | | allege facts in support of such addition.
| 9 | | Upon filing the petition in the office of the circuit clerk | 10 | | of the
county in which the original petition for the formation | 11 | | of the fire
protection district was filed, it shall be the duty | 12 | | of the court to fix
a time and place of a hearing upon the | 13 | | subject of the petition.
| 14 | | Notice shall be given by the court, or by the circuit clerk | 15 | | or
sheriff upon order of the court of the county in which the | 16 | | petition is
filed, of the time and place of a hearing upon the | 17 | | petition in the
manner as provided in Section 1. The conduct of | 18 | | the hearing on the question whether the
proposed additional | 19 | | territory shall become a part of the fire protection
district | 20 | | shall be carried out in the manner described in Section 1, as
| 21 | | nearly as may be. The question shall be in substantially the | 22 | | following form:
| 23 | | -------------------------------------------------------------
| 24 | | For joining the.... Fire
| 25 | | Protection District and assuming a
| 26 | | proportionate share of bonded
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| 1 | | indebtedness, if any.
| 2 | | -------------------------------------------------------------
| 3 | | Against joining the.... Fire
| 4 | | Protection District and assuming a
| 5 | | proportionate share of bonded
| 6 | | indebtedness, if any.
| 7 | | -------------------------------------------------------------
| 8 | | If a majority of the votes cast at the election upon the | 9 | | question of
becoming a part of any contiguous fire protection | 10 | | district are in favor
of becoming a part of that fire | 11 | | protection district and if the trustees
of the fire protection | 12 | | district accept the proposed additional
territory by | 13 | | resolution, the proposed additional territory shall be
deemed | 14 | | an integral part of that fire protection district and shall be
| 15 | | subject to all the benefits of service and responsibilities of | 16 | | the
district as set forth in this Act.
| 17 | | (a-5) Any fire protection district organized under the | 18 | | provisions of this Act may be simultaneously dissolved and | 19 | | consolidated into an adjoining fire protection district upon | 20 | | like petition, hearing and election as is provided under | 21 | | Section 1 of this Act for the organization of such district, | 22 | | except that the ballot for such election shall be in | 23 | | substantially the following form: | 24 | | -------------------------------------------------------------
| 25 | | Shall the ... Fire Protection District
| 26 | | dissolve and be consolidated YES
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| 1 | | into the ... Fire --------------------------------------------
| 2 | | Protection District? NO
| 3 | | --------------- | 4 | | If a majority of the votes cast on the question at such | 5 | | election are in favor of such dissolution and consolidation, | 6 | | and if the board of trustees of the adjoining district agrees | 7 | | by resolution to accept the territory comprising the dissolved | 8 | | district, the clerk of the circuit court of the county in which | 9 | | the petition was filed shall enter an order on the records of | 10 | | the court dissolving and consolidating such district. On the | 11 | | effective date of the of the simultaneous dissolution and | 12 | | consolidation, all the rights, powers, duties, assets, | 13 | | property, liabilities, indebtedness, obligations, bonding | 14 | | authority, taxing authority, and responsibilities of the | 15 | | former district shall vest in and be assumed by the fire | 16 | | protection district assuming the territory of the former | 17 | | district. | 18 | | (b) The owner or owners of any tract or tracts of land, | 19 | | contiguous to an
existing fire protection district and not | 20 | | already included in a fire
protection district, may file a | 21 | | written petition, addressed to the
trustees of the fire | 22 | | protection district to which they seek to have
their tract or | 23 | | tracts of land attached, containing a definite
description of | 24 | | the boundaries of the territory and a statement that they
| 25 | | desire that their property become a part of the fire protection | 26 | | district
to which their petition is addressed, and that they |
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| 1 | | are willing that
their property assume a proportionate share of | 2 | | the bonded indebtedness,
if any, of the fire protection | 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 the
territory, they shall file with the court of the | 8 | | county where the fire
protection district was organized the | 9 | | original petition and a certified
copy of the resolution, and | 10 | | the court shall then enter an order stating
that the proposed | 11 | | annexed territory shall be deemed an integral part of
that fire | 12 | | protection district and subject to all of the benefits of
| 13 | | service and responsibilities of the district. The circuit clerk | 14 | | shall
transmit a certified copy of the order to the county
| 15 | | clerk of each county in which any of the territory affected is | 16 | | situated
and to the State Fire Marshal.
| 17 | | (c) Upon the annexation of territory by a district, the | 18 | | boundary shall
extend to the far side of any adjacent highway | 19 | | and shall include all of
every highway within the area annexed. | 20 | | These highways shall be considered
to be annexed even though | 21 | | not included in the legal description set forth
in the petition | 22 | | for annexation.
| 23 | | (Source: P.A. 85-556; 86-1191 .)".
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