(70 ILCS 2405/1) (from Ch. 42, par. 299)
Sec. 1.
Whenever any area of contiguous territory shall contain one
or more incorporated cities, towns or villages or parts of one or more
incorporated cities, towns or villages, and shall be so situated that
the construction and maintenance of a plant or plants for the
purification and treatment of sewage and the maintenance of one or more
outlets for the drainage thereof, after having been so treated and
purified by and through such plant or plants will conduce to the
preservation of the public health, comfort and convenience, the same may
be incorporated as a sanitary district under this Act in the manner
following:
Any 100 legal voters, resident within the limits of such proposed
sanitary district, may petition the Circuit Court in the county in which
the proposed district or the major portion thereof is located, to cause
the question to be submitted to the legal voters of such proposed
district whether such proposed territory shall be organized as a
sanitary district under this Act, such petition shall be addressed to
the Circuit Court and shall contain a definite description of the
territory to be embraced in such district, and the name of such proposed
sanitary district: However, no territory shall be included in any
municipal corporation formed hereunder which is not situated within the
limits of a city, incorporated town or village, or within 6 miles
outside thereof, and no territory shall be included within more than one
sanitary district organized under this Act or any other Act, except that
territory included within a sanitary district organized under the Metro-East
Sanitary District Act of 1974 may also be included within a sanitary district
organized under this Act. Upon filing
of such petition in the office of the circuit clerk in the county in
which such territory or the major portion thereof is situated, it shall
be the duty of the Circuit Court to name 3 judges of such Court who
shall constitute a board of commissioners which shall have power and
authority to consider the boundaries of any such proposed sanitary
district, whether the same shall be as described in such petition or
otherwise, and the decision of 2 of such commissioners shall be
conclusive and not subject to review in any manner, directly or
indirectly.
Notice shall be given by such court of the time and place where such
commissioners will meet, by a publication inserted in one or more daily
or weekly papers published in such proposed district, at least 20 days
prior to such meeting and if no such newspaper is published in such
proposed district, then by posting at least 5 copies of such notice in
such proposed district at least 20 days before such hearing.
At such meeting all persons in such proposed district shall have an
opportunity to be heard touching the location and boundary of such
proposed district and to make suggestions regarding the same, and such
commissioners, after hearing statements, evidence and suggestions, shall
fix and determine the limits and boundaries of such proposed district,
and for that purpose and to that extent may alter and amend such
petition. After such determination by the commissioners or a majority of
them, the same shall be incorporated in an order which shall be entered
of record in the Circuit Court. Upon the entering of
such order, the Circuit Court shall certify the question to the proper election
officials who shall submit the question of organization and
establishment of the proposed sanitary district as determined by the
commissioners, at an election in accordance with the general election law.
Each legal voter resident within such proposed sanitary district
shall have the right to cast a ballot at such election. The proposition
shall be in substantially the
following form:
--------------------------------------------------------------------------------------------------------------------- For Sanitary District--------------------------------------------------------------------------------------------------------------------- Against Sanitary District---------------------------------------------------------------------------------------------------------------------
The Circuit Court shall cause a statement of the result of such election
to be entered of record in the Circuit Court. If a majority of the
votes cast upon the question of incorporation of the proposed sanitary
district shall be in favor of the proposed sanitary district, such
proposed district shall thenceforth be deemed an organized sanitary
district under this Act.
(Source: P.A. 83-1425.)
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