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