(70 ILCS 2105/3) (from Ch. 42, par. 385)
Sec. 3.
Additional territory may be added to any conservancy district
as provided for in this Act in the manner following:
One per cent or more of the legal voters resident within the limits
of such proposed addition to such conservancy district, in each county in
which the proposed addition is situated, may petition the
circuit court for the county in which the original petition for the
formation of said conservancy district was filed, to cause the question
to be submitted to the legal voters of such proposed additional
territory whether such proposed additional territory shall become a part
of any conservancy district organized under this Act and whether such
additional territory shall assume a proportionate share of the bonded
indebtedness, if any, of such conservancy district. Such petition shall
be addressed to the court of the county in which the original petition
for organization was filed, shall contain a generally accurate
description of the boundaries of the territory to be embraced in the
proposed addition, and, if desired, a new name of the expanded district.
Upon filing such petition in the office of the circuit clerk of the
county in which the original petition for the formation of such
conservancy district was filed it shall be the duty of the court to
consider, fix and determine the boundaries of any such proposed
additional territory, whether the same shall be those stated in the
petition or otherwise and a decision of the court shall be reviewable as
in other civil cases.
A date shall be fixed and notice shall be given by the court of the
county in which such petition is filed of the time and place where such
hearing shall be held in the manner described in Section 1 of this Act.
The conduct of the meeting, and the power of the court to fix and alter the
boundaries of the proposed addition shall be carried out in the manner
described in Section 1 of this Act, as nearly as may be. The court shall
certify the question to the proper election officials who shall submit the
question at an election in accordance with the general election law. The
question shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- For joining the ConservancyDistrict and assuming aproportionate share of bondedindebtedness.--------------------------------------------------------------------------------------------------------------------- Against joining ConservancyDistrict and assuming aproportionate share of bondedindebtedness.---------------------------------------------------------------------------------------------------------------------
If a majority of the votes cast upon the question of
becoming a part of any conservancy district shall be in favor of
becoming a part of such conservancy district and if the board of
trustees of said conservancy district accept the proposed additional
territory by ordinance annexing the same, the court shall enter an
appropriate order of record in the court
and such additional
territory shall thenceforth be deemed an integral part of such
conservancy district and shall be subject to all the benefits,
responsibilities and obligations of said conservancy district as herein
set forth.
Any such additional territory may also be annexed to such conservancy
district upon petition addressed to the court for the county in which
the original petition for organization of the district was filed, signed
by a majority of the owners of lands constituting such territory sought
to be annexed, who shall have arrived at lawful age and who represent a
majority in area of such territory, which said petition shall contain a
generally accurate description of the boundaries of such territory
sought to be annexed, and shall set forth the willingness of the
petitioners of such territory to assume a proportionate share of the
bonded indebtedness, if any, of such conservancy district.
Upon the filing of such petition and notice of and hearing the
decision upon the same by the court, all as herein before provided in
Section 1 of this Act with reference to notice, hearing and decision
upon the petition for the original organization of such district, such
court shall enter an order containing its findings and decision as to
the boundaries of the territory to be annexed; and thereupon if the
board of trustees of such conservancy district shall pass an ordinance
annexing the territory described in such order to said conservancy
district, the court shall enter an appropriate order finding that the
territory is so annexed and such additional territory shall thenceforth
be deemed an integral part of such conservancy district and shall be
subject to all the benefits, responsibilities and obligations of said
conservancy district as herein set forth.
(Source: P.A. 101-476, eff. 8-23-19.)
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