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Rep. Thomas M. Bennett
Filed: 3/11/2019
| | 10100HB2583ham002 | | LRB101 08780 AWJ 57264 a |
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1 | | AMENDMENT TO HOUSE BILL 2583
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2 | | AMENDMENT NO. ______. Amend House Bill 2583 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The River Conservancy Districts Act is amended |
5 | | by changing Section 3 as follows:
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6 | | (70 ILCS 2105/3) (from Ch. 42, par. 385)
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7 | | Sec. 3.
Additional territory , including a part of a county |
8 | | or an entire county or counties, may be added to any |
9 | | conservancy district
as provided for in this Act in the manner |
10 | | following:
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11 | | One per cent or more of the legal voters resident within |
12 | | the limits
of such proposed addition to such conservancy |
13 | | district, in each county in
which the proposed addition is |
14 | | situated, may petition the
circuit court for the county in |
15 | | which the original petition for the
formation of said |
16 | | conservancy district was filed, to cause the question
to be |
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1 | | submitted to the legal voters of such proposed additional
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2 | | territory whether such proposed additional territory shall |
3 | | become a part
of any conservancy district organized under this |
4 | | Act and whether such
additional territory shall assume a |
5 | | proportionate share of the bonded
indebtedness, if any, of such |
6 | | conservancy district. Such petition shall
be addressed to the |
7 | | court of the county in which the original petition
for |
8 | | organization was filed , and shall contain a generally accurate
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9 | | description of the boundaries of the territory to be embraced |
10 | | in the
proposed addition , and, if desired, a new name of the |
11 | | expanded district .
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12 | | Upon filing such petition in the office of the circuit |
13 | | clerk of the
county in which the original petition for the |
14 | | formation of such
conservancy district was filed it shall be |
15 | | the duty of the court to
consider, fix and determine the |
16 | | boundaries of any such proposed
additional territory, whether |
17 | | the same shall be those stated in the
petition or otherwise and |
18 | | a decision of the court shall be reviewable as
in other civil |
19 | | cases.
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20 | | A date shall be fixed and notice shall be given by the |
21 | | court of the
county in which such petition is filed of the time |
22 | | and place where such
hearing shall be held in the manner |
23 | | described in Section 1 of this Act , including notice in each |
24 | | county in which the additional territory is located .
The |
25 | | conduct of the meeting, and the power of the court to fix and |
26 | | alter the
boundaries of the proposed addition shall be carried |
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1 | | out in the manner
described in Section 1 of this Act, as nearly |
2 | | as may be. The court shall
certify the question to the proper |
3 | | election officials who shall submit the
question at an election |
4 | | in accordance with the general election law. The
question shall |
5 | | be in substantially the following form:
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6 | | -------------------------------------------------------------
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7 | | For joining the Conservancy
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8 | | District and assuming a
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9 | | proportionate share of bonded
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10 | | indebtedness.
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11 | | -------------------------------------------------------------
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12 | | Against joining Conservancy
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13 | | District and assuming a
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14 | | proportionate share of bonded
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15 | | indebtedness.
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16 | | -------------------------------------------------------------
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17 | | If a majority of the votes cast upon the question of
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18 | | becoming a part of any conservancy district shall be in favor |
19 | | of
becoming a part of such conservancy district and if the |
20 | | board of
trustees of said conservancy district accept the |
21 | | proposed additional
territory by ordinance annexing the same, |
22 | | the court shall enter an
appropriate order of record in the |
23 | | court
and such additional
territory shall thenceforth be deemed |
24 | | an integral part of such
conservancy district and shall be |
25 | | subject to all the benefits,
responsibilities and obligations |
26 | | of said conservancy district as herein
set forth.
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1 | | Any such additional territory may also be annexed to such |
2 | | conservancy
district upon petition addressed to the court for |
3 | | the county in which
the original petition for organization of |
4 | | the district was filed, signed
by a majority of the owners of |
5 | | lands constituting such territory sought
to be annexed, who |
6 | | shall have arrived at lawful age and who represent a
majority |
7 | | in area of such territory, which said petition shall contain a
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8 | | generally accurate description of the boundaries of such |
9 | | territory
sought to be annexed, and shall set forth the |
10 | | willingness of the
petitioners of such territory to assume a |
11 | | proportionate share of the
bonded indebtedness, if any, of such |
12 | | conservancy district.
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13 | | Upon the filing of such petition and notice of and hearing |
14 | | the
decision upon the same by the court, all as herein before |
15 | | provided in
Section 1 of this Act with reference to notice, |
16 | | hearing and decision
upon the petition for the original |
17 | | organization of such district, such
court shall enter an order |
18 | | containing its findings and decision as to
the boundaries of |
19 | | the territory to be annexed; and thereupon if the
board of |
20 | | trustees of such conservancy district shall pass an ordinance
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21 | | annexing the territory described in such order to said |
22 | | conservancy
district, the court shall enter an appropriate |
23 | | order finding that the
territory is so annexed and such |
24 | | additional territory shall thenceforth
be deemed an integral |
25 | | part of such conservancy district and shall be
subject to all |
26 | | the benefits, responsibilities and obligations of said
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