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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0175 Introduced 1/22/2021, by Rep. Lawrence Walsh, Jr. SYNOPSIS AS INTRODUCED:
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70 ILCS 705/3 | from Ch. 127 1/2, par. 23 |
| Amends the Fire Protection District Act. Makes a technical change in a Section concerning annexation of territory.
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| | A BILL FOR |
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| | HB0175 | | LRB102 04318 AWJ 14336 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Fire Protection District Act is amended by |
| 5 | | changing Section 3 as follows:
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| 6 | | (70 ILCS 705/3) (from Ch. 127 1/2, par. 23)
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| 7 | | Sec. 3.
Additional contiguous territory having the
the |
| 8 | | qualifications set
forth in Section 1 may be added to any fire |
| 9 | | protection district as
provided for in this Act in the manner |
| 10 | | following: |
| 11 | | (a) One percent or more of the legal voters resident |
| 12 | | within the limits of
the proposed addition to the fire |
| 13 | | protection
district may petition the
court of the county in |
| 14 | | which the original petition for the formation of
the fire |
| 15 | | protection district was filed, to cause the question to be
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| 16 | | submitted to the legal voters of the proposed additional |
| 17 | | territory
whether the proposed additional territory shall |
| 18 | | become a part of any
contiguous fire protection district |
| 19 | | organized under this Act and whether
the voters of the |
| 20 | | additional territory shall assume a proportionate
share of the |
| 21 | | bonded indebtedness of the district. The petition shall
be |
| 22 | | addressed to the court and shall contain a definite |
| 23 | | description of
the boundaries of the territory to be embraced |
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| | HB0175 | - 2 - | LRB102 04318 AWJ 14336 b |
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| 1 | | in the proposed addition
and shall allege facts in support of |
| 2 | | such addition.
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| 3 | | Upon filing the petition in the office of the circuit |
| 4 | | clerk of the
county in which the original petition for the |
| 5 | | formation of the fire
protection district was filed, it shall |
| 6 | | be the duty of the court to fix
a time and place of a hearing |
| 7 | | upon the subject of the petition.
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| 8 | | Notice shall be given by the court, or by the circuit clerk |
| 9 | | or
sheriff upon order of the court of the county in which the |
| 10 | | petition is
filed, of the time and place of a hearing upon the |
| 11 | | petition in the
manner as provided in Section 1. The conduct of |
| 12 | | the hearing on the question whether the
proposed additional |
| 13 | | territory shall become a part of the fire protection
district |
| 14 | | shall be carried out in the manner described in Section 1, as
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| 15 | | nearly as may be. The question shall be in substantially the |
| 16 | | following form:
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| 17 | | -------------------------------------------------------------
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| 18 | | For joining the.... Fire
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| 19 | | Protection District and assuming a
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| 20 | | proportionate share of bonded
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| 21 | | indebtedness, if any.
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| 22 | | -------------------------------------------------------------
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| 23 | | Against joining the.... Fire
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| 24 | | Protection District and assuming a
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| 25 | | proportionate share of bonded
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| 26 | | indebtedness, if any.
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| | HB0175 | - 3 - | LRB102 04318 AWJ 14336 b |
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| 1 | | -------------------------------------------------------------
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| 2 | | If a majority of the votes cast at the election upon the |
| 3 | | question of
becoming a part of any contiguous fire protection |
| 4 | | district are in favor
of becoming a part of that fire |
| 5 | | protection district and if the trustees
of the fire protection |
| 6 | | district accept the proposed additional
territory by |
| 7 | | resolution, the proposed additional territory shall be
deemed |
| 8 | | an integral part of that fire protection district and shall be
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| 9 | | subject to all the benefits of service and responsibilities of |
| 10 | | the
district as set forth in this Act.
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| 11 | | (a-5) Any fire protection district organized under the |
| 12 | | provisions of this Act may be simultaneously dissolved and |
| 13 | | consolidated into an adjoining fire protection district upon |
| 14 | | like petition, hearing and election as is provided under |
| 15 | | Section 1 of this Act for the organization of such district, |
| 16 | | except that the ballot for such election shall be in |
| 17 | | substantially the following form: |
| 18 | | ---------------------------
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| 19 | | Shall the ... Fire Protection District
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| 20 | | dissolve and be consolidated YES |
| 21 | | into the ... Fire
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| 22 | | -------------------------------------------------------------
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| 23 | | |
| 24 | | Protection District? NO |
| 25 | | ----------------------
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| 26 | | |
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| 1 | | If a majority of the votes cast on the question at such |
| 2 | | election are in favor of such dissolution and consolidation, |
| 3 | | and if the board of trustees of the adjoining district agrees |
| 4 | | by resolution to accept the territory comprising the dissolved |
| 5 | | district, the circuit court of the county in which the |
| 6 | | petition was filed shall enter an order on the records of the |
| 7 | | court dissolving and consolidating such district. On the |
| 8 | | effective date of the simultaneous dissolution and |
| 9 | | consolidation, all the rights, powers, duties, assets, |
| 10 | | property, liabilities, indebtedness, obligations, bonding |
| 11 | | authority, taxing authority, and responsibilities of the |
| 12 | | former district shall vest in and be assumed by the fire |
| 13 | | protection district assuming the territory of the former |
| 14 | | district. |
| 15 | | (b) The owner or owners of any tract or tracts of land, |
| 16 | | contiguous to an
existing fire protection district and not |
| 17 | | already included in a fire
protection district, may file a |
| 18 | | written petition, addressed to the
trustees of the fire |
| 19 | | protection district to which they seek to have
their tract or |
| 20 | | tracts of land attached, containing a definite
description of |
| 21 | | the boundaries of the territory and a statement that they
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| 22 | | desire that their property become a part of the fire |
| 23 | | protection district
to which their petition is addressed, and |
| 24 | | that they are willing that
their property assume a |
| 25 | | proportionate share of the bonded indebtedness,
if any, of the |
| 26 | | fire protection district.
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| 1 | | When such a petition is filed with the trustees, they |
| 2 | | shall
immediately pass a resolution to accept or reject the |
| 3 | | territory proposed
to be attached. If the trustees resolve in |
| 4 | | favor of accepting the
territory, they shall file with the |
| 5 | | court of the county where the fire
protection district was |
| 6 | | organized the original petition and a certified
copy of the |
| 7 | | resolution, and the court shall then enter an order stating
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| 8 | | that the proposed annexed territory shall be deemed an |
| 9 | | integral part of
that fire protection district and subject to |
| 10 | | all of the benefits of
service and responsibilities of the |
| 11 | | district. The circuit clerk shall
transmit a certified copy of |
| 12 | | the order to the county
clerk of each county in which any of |
| 13 | | the territory affected is situated
and to the State Fire |
| 14 | | Marshal.
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| 15 | | (c) Upon the annexation of territory by a district, the |
| 16 | | boundary shall
extend to the far side of any adjacent highway |
| 17 | | and shall include all of
every highway within the area |
| 18 | | annexed. These highways shall be considered
to be annexed even |
| 19 | | though not included in the legal description set forth
in the |
| 20 | | petition for annexation.
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| 21 | | (Source: P.A. 98-1003, eff. 1-1-15.)
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