Rep. Lindsay Parkhurst

Filed: 3/29/2019

 

 


 

 


 
10100HB2583ham003LRB101 08780 AWJ 58639 a

1
AMENDMENT TO HOUSE BILL 2583

2    AMENDMENT NO. ______. Amend House Bill 2583 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The River Conservancy Districts Act is amended
5by changing Section 3 as follows:
 
6    (70 ILCS 2105/3)  (from Ch. 42, par. 385)
7    Sec. 3. Additional territory, including a part of a county
8or an entire county or counties, may be added to any
9conservancy district as provided for in this Act in the manner
10following:
11    One per cent or more of the legal voters resident within
12the limits of such proposed addition to such conservancy
13district, in each county in which the proposed addition is
14situated, may petition the circuit court for the county in
15which the original petition for the formation of said
16conservancy district was filed, to cause the question to be

 

 

10100HB2583ham003- 2 -LRB101 08780 AWJ 58639 a

1submitted to the legal voters of such proposed additional
2territory whether such proposed additional territory shall
3become a part of any conservancy district organized under this
4Act and whether such additional territory shall assume a
5proportionate share of the bonded indebtedness, if any, of such
6conservancy district. Such petition shall be addressed to the
7court of the county in which the original petition for
8organization was filed, and shall contain a generally accurate
9description of the boundaries of the territory to be embraced
10in the proposed addition, and, if desired, a new name of the
11expanded district.
12    Upon filing such petition in the office of the circuit
13clerk of the county in which the original petition for the
14formation of such conservancy district was filed it shall be
15the duty of the court to consider, fix and determine the
16boundaries of any such proposed additional territory, whether
17the same shall be those stated in the petition or otherwise and
18a decision of the court shall be reviewable as in other civil
19cases.
20    A date shall be fixed and notice shall be given by the
21court of the county in which such petition is filed of the time
22and place where such hearing shall be held in the manner
23described in Section 1 of this Act, including notice in each
24county in which the additional territory is located. The
25conduct of the meeting, and the power of the court to fix and
26alter the boundaries of the proposed addition shall be carried

 

 

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1out in the manner described in Section 1 of this Act, as nearly
2as may be. The court shall certify the question to the proper
3election officials who shall submit the question at an election
4in accordance with the general election law. The question shall
5be in substantially the following form:
6-------------------------------------------------------------
7    For  joining the Conservancy
8District and assuming a
9proportionate share of bonded
10indebtedness.
11-------------------------------------------------------------
12    Against joining Conservancy
13District and assuming a
14proportionate share of bonded
15indebtedness.
16-------------------------------------------------------------
17    If a majority of the votes cast upon the question of
18becoming a part of any conservancy district shall be in favor
19of becoming a part of such conservancy district and if the
20board of trustees of said conservancy district accept the
21proposed additional territory by ordinance annexing the same,
22the court shall enter an appropriate order of record in the
23court and such additional territory shall thenceforth be deemed
24an integral part of such conservancy district and shall be
25subject to all the benefits, responsibilities and obligations
26of said conservancy district as herein set forth.

 

 

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1    Any such additional territory may also be annexed to such
2conservancy district upon petition addressed to the court for
3the county in which the original petition for organization of
4the district was filed, signed by a majority of the owners of
5lands constituting such territory sought to be annexed, who
6shall have arrived at lawful age and who represent a majority
7in area of such territory, which said petition shall contain a
8generally accurate description of the boundaries of such
9territory sought to be annexed, and shall set forth the
10willingness of the petitioners of such territory to assume a
11proportionate share of the bonded indebtedness, if any, of such
12conservancy district.
13    Upon the filing of such petition and notice of and hearing
14the decision upon the same by the court, all as herein before
15provided in Section 1 of this Act with reference to notice,
16hearing and decision upon the petition for the original
17organization of such district, such court shall enter an order
18containing its findings and decision as to the boundaries of
19the territory to be annexed; and thereupon if the board of
20trustees of such conservancy district shall pass an ordinance
21annexing the territory described in such order to said
22conservancy district, the court shall enter an appropriate
23order finding that the territory is so annexed and such
24additional territory shall thenceforth be deemed an integral
25part of such conservancy district and shall be subject to all
26the benefits, responsibilities and obligations of said

 

 

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1conservancy district as herein set forth.
2(Source: P.A. 86-1307.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".