Full Text of HB2583 101st General Assembly
HB2583ham002 101ST GENERAL ASSEMBLY | Rep. Thomas M. Bennett Filed: 3/11/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2583
| 2 | | AMENDMENT NO. ______. Amend House Bill 2583 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The River Conservancy Districts Act is amended | 5 | | by changing Section 3 as follows:
| 6 | | (70 ILCS 2105/3) (from Ch. 42, par. 385)
| 7 | | Sec. 3.
Additional territory , including a part of a county | 8 | | or an entire county or counties, may be added to any | 9 | | conservancy district
as provided for in this Act in the manner | 10 | | following:
| 11 | | One per cent or more of the legal voters resident within | 12 | | the limits
of such proposed addition to such conservancy | 13 | | district, in each county in
which the proposed addition is | 14 | | situated, may petition the
circuit court for the county in | 15 | | which the original petition for the
formation of said | 16 | | conservancy district was filed, to cause the question
to be |
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| 1 | | submitted to the legal voters of such proposed additional
| 2 | | territory whether such proposed additional territory shall | 3 | | become a part
of any conservancy district organized under this | 4 | | Act and whether such
additional territory shall assume a | 5 | | proportionate share of the bonded
indebtedness, if any, of such | 6 | | conservancy district. Such petition shall
be addressed to the | 7 | | court of the county in which the original petition
for | 8 | | organization was filed , and shall contain a generally accurate
| 9 | | description of the boundaries of the territory to be embraced | 10 | | in the
proposed addition , and, if desired, a new name of the | 11 | | expanded district .
| 12 | | Upon filing such petition in the office of the circuit | 13 | | clerk of the
county in which the original petition for the | 14 | | formation of such
conservancy district was filed it shall be | 15 | | the duty of the court to
consider, fix and determine the | 16 | | boundaries of any such proposed
additional territory, whether | 17 | | the same shall be those stated in the
petition or otherwise and | 18 | | a decision of the court shall be reviewable as
in other civil | 19 | | cases.
| 20 | | A date shall be fixed and notice shall be given by the | 21 | | court of the
county in which such petition is filed of the time | 22 | | and place where such
hearing shall be held in the manner | 23 | | described in Section 1 of this Act , including notice in each | 24 | | county in which the additional territory is located .
The | 25 | | conduct of the meeting, and the power of the court to fix and | 26 | | alter the
boundaries of the proposed addition shall be carried |
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| 1 | | out in the manner
described in Section 1 of this Act, as nearly | 2 | | as may be. The court shall
certify the question to the proper | 3 | | election officials who shall submit the
question at an election | 4 | | in accordance with the general election law. The
question shall | 5 | | be in substantially the following form:
| 6 | | -------------------------------------------------------------
| 7 | | For joining the Conservancy
| 8 | | District and assuming a
| 9 | | proportionate share of bonded
| 10 | | indebtedness.
| 11 | | -------------------------------------------------------------
| 12 | | Against joining Conservancy
| 13 | | District and assuming a
| 14 | | proportionate share of bonded
| 15 | | indebtedness.
| 16 | | -------------------------------------------------------------
| 17 | | If a majority of the votes cast upon the question of
| 18 | | becoming a part of any conservancy district shall be in favor | 19 | | of
becoming a part of such conservancy district and if the | 20 | | board of
trustees of said conservancy district accept the | 21 | | proposed additional
territory by ordinance annexing the same, | 22 | | the court shall enter an
appropriate order of record in the | 23 | | court
and such additional
territory shall thenceforth be deemed | 24 | | an integral part of such
conservancy district and shall be | 25 | | subject to all the benefits,
responsibilities and obligations | 26 | | of said conservancy district as herein
set forth.
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| 1 | | Any such additional territory may also be annexed to such | 2 | | conservancy
district upon petition addressed to the court for | 3 | | the county in which
the original petition for organization of | 4 | | the district was filed, signed
by a majority of the owners of | 5 | | lands constituting such territory sought
to be annexed, who | 6 | | shall have arrived at lawful age and who represent a
majority | 7 | | in area of such territory, which said petition shall contain a
| 8 | | generally accurate description of the boundaries of such | 9 | | territory
sought to be annexed, and shall set forth the | 10 | | willingness of the
petitioners of such territory to assume a | 11 | | proportionate share of the
bonded indebtedness, if any, of such | 12 | | conservancy district.
| 13 | | Upon the filing of such petition and notice of and hearing | 14 | | the
decision upon the same by the court, all as herein before | 15 | | provided in
Section 1 of this Act with reference to notice, | 16 | | hearing and decision
upon the petition for the original | 17 | | organization of such district, such
court shall enter an order | 18 | | containing its findings and decision as to
the boundaries of | 19 | | the territory to be annexed; and thereupon if the
board of | 20 | | trustees of such conservancy district shall pass an ordinance
| 21 | | annexing the territory described in such order to said | 22 | | conservancy
district, the court shall enter an appropriate | 23 | | order finding that the
territory is so annexed and such | 24 | | additional territory shall thenceforth
be deemed an integral | 25 | | part of such conservancy district and shall be
subject to all | 26 | | the benefits, responsibilities and obligations of said
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| 1 | | conservancy district as herein set forth.
| 2 | | (Source: P.A. 86-1307 .)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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