Full Text of HB0858 101st General Assembly
HB0858 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0858 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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
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 | 17 | | the proposed additional territory shall become a part of any
| 18 | | contiguous fire protection district organized under this Act | 19 | | and whether
the voters of the additional territory shall assume | 20 | | a proportionate
share of the bonded indebtedness of the | 21 | | district. The petition shall
be addressed to the court and | 22 | | shall contain a definite description of
the boundaries of the | 23 | | territory to be embraced in the proposed addition
and shall |
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| 1 | | allege facts in support of such addition.
| 2 | | Upon filing the petition in the office of the circuit clerk | 3 | | of the
county in which the original petition for the formation | 4 | | of the fire
protection district was filed, it shall be the duty | 5 | | of the court to fix
a time and place of a hearing upon the | 6 | | subject of the petition.
| 7 | | Notice shall be given by the court, or by the circuit clerk | 8 | | or
sheriff upon order of the court of the county in which the | 9 | | petition is
filed, of the time and place of a hearing upon the | 10 | | petition in the
manner as provided in Section 1. The conduct of | 11 | | the hearing on the question whether the
proposed additional | 12 | | territory shall become a part of the fire protection
district | 13 | | shall be carried out in the manner described in Section 1, as
| 14 | | nearly as may be. The question shall be in substantially the | 15 | | following form:
| 16 | | -------------------------------------------------------------
| 17 | | For joining the.... Fire
| 18 | | Protection District and assuming a
| 19 | | proportionate share of bonded
| 20 | | indebtedness, if any.
| 21 | | -------------------------------------------------------------
| 22 | | Against joining the.... Fire
| 23 | | Protection District and assuming a
| 24 | | proportionate share of bonded
| 25 | | indebtedness, if any.
| 26 | | -------------------------------------------------------------
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| 1 | | If a majority of the votes cast at the election upon the | 2 | | question of
becoming a part of any contiguous fire protection | 3 | | district are in favor
of becoming a part of that fire | 4 | | protection district and if the trustees
of the fire protection | 5 | | district accept the proposed additional
territory by | 6 | | resolution, the proposed additional territory shall be
deemed | 7 | | an integral part of that fire protection district and shall be
| 8 | | subject to all the benefits of service and responsibilities of | 9 | | the
district as set forth in this Act.
| 10 | | (a-5) Any fire protection district organized under the | 11 | | provisions of this Act may be simultaneously dissolved and | 12 | | consolidated into an adjoining fire protection district upon | 13 | | like petition, hearing and election as is provided under | 14 | | Section 1 of this Act for the organization of such district, | 15 | | except that the ballot for such election shall be in | 16 | | substantially the following form: | 17 | | ---------------------------
| 18 | | Shall the ... Fire Protection District
| 19 | | dissolve and be consolidated YES | 20 | | into the ... Fire
| 21 | | -------------------------------------------------------------
| 22 | | | 23 | | Protection District? NO | 24 | | ----------------------
| 25 | | | 26 | | If a majority of the votes cast on the question at such |
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| 1 | | election are in favor of such dissolution and consolidation, | 2 | | and if the board of trustees of the adjoining district agrees | 3 | | by resolution to accept the territory comprising the dissolved | 4 | | district, the circuit court of the county in which the petition | 5 | | was filed shall enter an order on the records of the court | 6 | | dissolving and consolidating such district. On the effective | 7 | | date of the simultaneous dissolution and consolidation, all the | 8 | | rights, powers, duties, assets, property, liabilities, | 9 | | indebtedness, obligations, bonding authority, taxing | 10 | | authority, and responsibilities of the former district shall | 11 | | vest in and be assumed by the fire protection district assuming | 12 | | the territory of the former district. | 13 | | (b) The owner or owners of any tract or tracts of land, | 14 | | contiguous to an
existing fire protection district and not | 15 | | already included in a fire
protection district, may file a | 16 | | written petition, addressed to the
trustees of the fire | 17 | | protection district to which they seek to have
their tract or | 18 | | tracts of land attached, containing a definite
description of | 19 | | the boundaries of the territory and a statement that they
| 20 | | desire that their property become a part of the fire protection | 21 | | district
to which their petition is addressed, and that they | 22 | | are willing that
their property assume a proportionate share of | 23 | | the bonded indebtedness,
if any, of the fire protection | 24 | | district.
| 25 | | When such a petition is filed with the trustees, they shall
| 26 | | immediately pass a resolution to accept or reject the territory |
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| 1 | | proposed
to be attached. If the trustees resolve in favor of | 2 | | accepting the
territory, they shall file with the court of the | 3 | | county where the fire
protection district was organized the | 4 | | original petition and a certified
copy of the resolution, and | 5 | | the court shall then enter an order stating
that the proposed | 6 | | annexed territory shall be deemed an integral part of
that fire | 7 | | protection district and subject to all of the benefits of
| 8 | | service and responsibilities of the district. The circuit clerk | 9 | | shall
transmit a certified copy of the order to the county
| 10 | | clerk of each county in which any of the territory affected is | 11 | | situated
and to the State Fire Marshal.
| 12 | | (c) Upon the annexation of territory by a district, the | 13 | | boundary shall
extend to the far side of any adjacent highway | 14 | | and shall include all of
every highway within the area annexed. | 15 | | These highways shall be considered
to be annexed even though | 16 | | not included in the legal description set forth
in the petition | 17 | | for annexation.
| 18 | | (Source: P.A. 98-1003, eff. 1-1-15 .)
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