Full Text of SB0911 94th General Assembly
SB0911 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0911
Introduced 2/18/2005, by Sen. Wendell E. Jones SYNOPSIS AS INTRODUCED: |
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70 ILCS 705/1 |
from Ch. 127 1/2, par. 21 |
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Amends the Fire Protection District Act. Makes a technical change in a Section concerning the creation of fire protection district.
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A BILL FOR
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| AN ACT concerning fire protection districts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fire Protection District Act is amended by | 5 |
| changing Section 1 as follows:
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| (70 ILCS 705/1) (from Ch. 127 1/2, par. 21)
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| Sec. 1. It is hereby declared as a matter of legislative | 8 |
| determination
that in order to promote and protect the
the | 9 |
| health, safety, welfare and
convenience of the public, it is | 10 |
| necessary in the public interest to provide for the
creation of | 11 |
| municipal corporations known as fire protection districts and
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| to confer upon and vest in the fire protection districts all | 13 |
| powers necessary
or appropriate in order that they may engage | 14 |
| in the acquisition, establishment,
maintenance and operation | 15 |
| of fire stations, facilities, vehicles, apparatus
and | 16 |
| equipment for the prevention and control of fire therein and | 17 |
| the underwater
recovery of drowning victims, and provide as | 18 |
| nearly adequate protection
from fire for lives and property | 19 |
| within the districts as possible and regulate
the prevention | 20 |
| and control of fire therein; and that the powers herein
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| conferred upon such fire protection districts are public | 22 |
| objects and governmental
functions in the public interest.
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| Whenever any territory is (1) an area of contiguous | 24 |
| territory in a county,
or in more than one but in not more than | 25 |
| 5 counties; (2) so situated that
the destruction by fire of the | 26 |
| buildings and other property therein is
hazardous to the lives | 27 |
| and property of the public; (3) so situated that the | 28 |
| acquisition,
establishment, maintenance and operation of a | 29 |
| fire station or stations,
facilities, vehicles, apparatus and | 30 |
| equipment for the prevention and control
of fire therein will | 31 |
| conduce to the promotion and protection of the health,
safety, | 32 |
| welfare and convenience of the public; (4) so situated that it |
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| does
not divide any city, village or incorporated town, but, in | 2 |
| the case of a
city, village or incorporated town situated | 3 |
| partly within and partly without
one or more existing fire | 4 |
| protection districts, such territory shall not
be considered as | 5 |
| dividing the city, village or incorporated town if it includes
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| all of the city, village or incorporated town situated outside | 7 |
| of any existing
fire protection district; (5) so situated that | 8 |
| such territory contains no
territory included in any other fire | 9 |
| protection district, or if any territory
is disconnected in the | 10 |
| manner provided in Section 16c of this Act, the same
may be | 11 |
| incorporated as a fire protection district. For the purpose of
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| meeting the requirement of item (1) that the territory be | 13 |
| contiguous,
territory shall be considered to be contiguous if | 14 |
| the only separation
between parts of such territory is land | 15 |
| owned by the United States, the
State of Illinois, or any | 16 |
| agency or instrumentality of either. In the case of territory
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| disconnected from an existing district pursuant to Section 16c | 18 |
| of this Act,
such territory may be incorporated
as provided in | 19 |
| that Section; otherwise such districts may be incorporated
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| under this Act in the manner following:
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| Fifty or more of the legal voters resident within the | 22 |
| limits of the proposed
district, or a majority thereof if less | 23 |
| than 100, may petition the circuit
court for the county which | 24 |
| contains all or the largest portion of the proposed
district to | 25 |
| cause the question to be submitted to the legal voters of the
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| proposed district, whether the proposed territory shall be | 27 |
| organized as
a fire protection district under this Act; the | 28 |
| petition shall be addressed
to the court and shall contain a | 29 |
| definite description of the boundaries
of the territory to be | 30 |
| embraced in the proposed district, and the name of
the proposed | 31 |
| district and shall allege facts in support of the organization
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| and incorporation.
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| Upon filing a petition in the office of the circuit clerk | 34 |
| of the county
in which the petition is made, the court shall | 35 |
| fix a time and place for
a hearing upon the subject of the | 36 |
| petition.
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| Notice shall be given by the court to which the petition is | 2 |
| addressed,
or by the circuit clerk or sheriff of the county in | 3 |
| which the petition is
made at the order and direction of the | 4 |
| court, of the time and place of the
hearing upon the subject of | 5 |
| the petition at least 20 days prior thereto
by one publication | 6 |
| thereof in one or more daily or weekly papers published
within | 7 |
| the proposed fire protection district (or if no daily or weekly | 8 |
| newspaper
is published within such proposed fire protection | 9 |
| district, then either
by one publication thereof in any | 10 |
| newspaper of general circulation within
that territory or by | 11 |
| posting at least 10 copies of the notice in the district
at | 12 |
| least 20 days before the hearing in conspicuous places as far | 13 |
| separated
from each other as consistently possible), and by | 14 |
| mailing a copy of the
notice to the mayor or president of the | 15 |
| board of trustees of all cities,
villages and incorporated | 16 |
| towns in whole or in part within the proposed
fire protection | 17 |
| district.
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| At the hearing all persons residing in or owning property | 19 |
| situated in the
proposed fire protection district shall have an | 20 |
| opportunity to be heard;
and if the court finds that the | 21 |
| petition does not comply with the provisions
of this Act or | 22 |
| that the allegations of the petition are not true, the court
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| shall dismiss the petition; but if the court finds that the | 24 |
| petition complies
with the provisions of this Act and that the | 25 |
| allegations of the petition
are true, the same shall be | 26 |
| incorporated in an order which shall be filed
of record in the | 27 |
| court. Upon
the entering of such order
the court shall order | 28 |
| the submission to the legal voters of the proposed
fire | 29 |
| protection district the question of organization and | 30 |
| establishment
of the proposed fire protection district at an | 31 |
| election. The circuit clerk
shall certify the question and the | 32 |
| order to the proper election officials
who shall submit the | 33 |
| question at an election in accordance with the general
election | 34 |
| law.
The notice of the referendum shall specify the purpose of | 35 |
| such election
with a description of the proposed district.
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| The question shall be in substantially the following form:
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| -------------------------------------------------------------
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| For Fire Protection District.
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| -------------------------------------------------------------
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| Against Fire Protection District.
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| -------------------------------------------------------------
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| The court shall cause a written statement of the results of | 7 |
| such election
to be filed of record in the court. If
no city or | 8 |
| village or incorporated town nor any part thereof is included
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| in the territory proposed as a district and the majority of the | 10 |
| votes cast
at such election upon the question shall be in favor | 11 |
| of the incorporation
of the proposed fire protection district, | 12 |
| or if a city or village or incorporated
town or any part | 13 |
| thereof is included in the territory proposed as a district
and | 14 |
| a majority of the votes cast
at such election upon the | 15 |
| question, within the limits of each city or village
or | 16 |
| incorporated town and also a majority of those cast outside the | 17 |
| limits
of each such city or village or incorporated town shall | 18 |
| be in favor of the
proposed fire protection district, or if a | 19 |
| city or village or
incorporated town is included in the | 20 |
| territory proposed
as a district and a majority of the votes | 21 |
| cast at such election upon the
question within the limits of | 22 |
| such city or village or incorporated town
or in any other city | 23 |
| 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 votes cast | 26 |
| outside the limits of such city or cities or village or
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| villages or incorporated town or towns, are not in favor
of the | 28 |
| proposed fire protection district, in each city or village or
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| incorporated town which casts a majority of votes in
favor of | 30 |
| the proposed district, the proposed district or portion
of the | 31 |
| proposed district in which a majority of the votes cast at the
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| election are in favor
of the proposition as provided in this | 33 |
| amendatory Act of 1986 shall
thenceforth be deemed
an organized | 34 |
| fire protection district under this Act, and the
court shall | 35 |
| enter an order accordingly and cause the same to be filed
of | 36 |
| record in the court and shall also cause
to be sent to the |
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| county
clerk of any and all other counties in which any portion | 2 |
| of the district
lies and the Office of the State Fire Marshal a | 3 |
| certified copy of the order
organizing the district and a plat | 4 |
| of the same indicating what lands of
the district lie in such | 5 |
| other county or counties. The circuit clerk shall
also file | 6 |
| with the Office of the State Fire Marshal a certified copy of
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| any other order organizing any other fire protection district | 8 |
| which may
have been theretofore organized in the county.
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| (Source: P.A. 85-1434 .)
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