HB2583 101ST GENERAL ASSEMBLY

LRB101 08780 AWJ 53867 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2583

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:

70 ILCS 2105/3

from Ch. 42, par. 385

Amends the River Conservancy Districts Act. Provides that a petition to expand a conservancy district may include a new name of the expanded district. Creates referendum language when territory to be added to a conservation district encompasses an entire county or counties. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The River Conservancy Districts Act is amended by changing Section 3 as follows:

(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:

(1) 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, and 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:

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For joining the Conservancy District and assuming a proportionate share of bonded indebtedness.

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Against joining Conservancy District and assuming a proportionate share of bonded indebtedness.

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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.

(2) If the territory to be added to a conservancy district under item (1) encompasses an entire county or counties, the question submitted to the voters of the District and the territories to be added shall be in substantially the following form: -------------------------------------------------------------

Shall the ..... Conservancy District be expanded to include ..... (County/counties); (if applicable: shall the District name change to the ..... Conservancy District); shall the new District have the authority to levy an annual tax at a maximum rate of .....% of the value of all taxable property within the limits of the District as equalized or assessed by the Department of Revenue; and shall the new territory assume a proportionate share of bonded indebtedness? -------------------------------------------------------------

If a majority of the votes cast at the election upon the question are in favor of the proposed expansion of the district, the district is then reorganized under this Act and its board shall be reconstituted under Section 4a.

(Source: P.A. 86-1307.)

Section 99. Effective date. This Act takes effect upon becoming law.