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1 | AN ACT concerning fire protection districts.
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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 1 as follows:
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6 | (70 ILCS 705/1) (from Ch. 127 1/2, par. 21)
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7 | Sec. 1. It is hereby declared as a matter of legislative | |||||||||||||||||||
8 | determination
that in order to promote and protect the
the | |||||||||||||||||||
9 | health, safety, welfare and
convenience of the public, it is | |||||||||||||||||||
10 | necessary in the public interest to provide for the
creation of | |||||||||||||||||||
11 | municipal corporations known as fire protection districts and
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12 | to confer upon and vest in the fire protection districts all | |||||||||||||||||||
13 | powers necessary
or appropriate in order that they may engage | |||||||||||||||||||
14 | in the acquisition, establishment,
maintenance and operation | |||||||||||||||||||
15 | of fire stations, facilities, vehicles, apparatus
and | |||||||||||||||||||
16 | equipment for the prevention and control of fire therein and | |||||||||||||||||||
17 | the underwater
recovery of drowning victims, and provide as | |||||||||||||||||||
18 | nearly adequate protection
from fire for lives and property | |||||||||||||||||||
19 | within the districts as possible and regulate
the prevention | |||||||||||||||||||
20 | and control of fire therein; and that the powers herein
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21 | conferred upon such fire protection districts are public | |||||||||||||||||||
22 | objects and governmental
functions in the public interest.
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23 | Whenever any territory is (1) an area of contiguous | |||||||||||||||||||
24 | territory in a county,
or in more than one but in not more than | |||||||||||||||||||
25 | 5 counties; (2) so situated that
the destruction by fire of the | |||||||||||||||||||
26 | buildings and other property therein is
hazardous to the lives | |||||||||||||||||||
27 | and property of the public; (3) so situated that the | |||||||||||||||||||
28 | acquisition,
establishment, maintenance and operation of a | |||||||||||||||||||
29 | fire station or stations,
facilities, vehicles, apparatus and | |||||||||||||||||||
30 | equipment for the prevention and control
of fire therein will | |||||||||||||||||||
31 | conduce to the promotion and protection of the health,
safety, | |||||||||||||||||||
32 | welfare and convenience of the public; (4) so situated that it |
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1 | does
not divide any city, village or incorporated town, but, in | ||||||
2 | the case of a
city, village or incorporated town situated | ||||||
3 | partly within and partly without
one or more existing fire | ||||||
4 | protection districts, such territory shall not
be considered as | ||||||
5 | dividing the city, village or incorporated town if it includes
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6 | all of the city, village or incorporated town situated outside | ||||||
7 | of any existing
fire protection district; (5) so situated that | ||||||
8 | such territory contains no
territory included in any other fire | ||||||
9 | protection district, or if any territory
is disconnected in the | ||||||
10 | manner provided in Section 16c of this Act, the same
may be | ||||||
11 | incorporated as a fire protection district. For the purpose of
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12 | meeting the requirement of item (1) that the territory be | ||||||
13 | contiguous,
territory shall be considered to be contiguous if | ||||||
14 | the only separation
between parts of such territory is land | ||||||
15 | owned by the United States, the
State of Illinois, or any | ||||||
16 | agency or instrumentality of either. In the case of territory
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17 | disconnected from an existing district pursuant to Section 16c | ||||||
18 | of this Act,
such territory may be incorporated
as provided in | ||||||
19 | that Section; otherwise such districts may be incorporated
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20 | under this Act in the manner following:
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21 | Fifty or more of the legal voters resident within the | ||||||
22 | limits of the proposed
district, or a majority thereof if less | ||||||
23 | than 100, may petition the circuit
court for the county which | ||||||
24 | contains all or the largest portion of the proposed
district to | ||||||
25 | cause the question to be submitted to the legal voters of the
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26 | proposed district, whether the proposed territory shall be | ||||||
27 | organized as
a fire protection district under this Act; the | ||||||
28 | petition shall be addressed
to the court and shall contain a | ||||||
29 | definite description of the boundaries
of the territory to be | ||||||
30 | embraced in the proposed district, and the name of
the proposed | ||||||
31 | district and shall allege facts in support of the organization
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32 | and incorporation.
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33 | Upon filing a petition in the office of the circuit clerk | ||||||
34 | of the county
in which the petition is made, the court shall | ||||||
35 | fix a time and place for
a hearing upon the subject of the | ||||||
36 | petition.
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1 | Notice shall be given by the court to which the petition is | ||||||
2 | addressed,
or by the circuit clerk or sheriff of the county in | ||||||
3 | which the petition is
made at the order and direction of the | ||||||
4 | court, of the time and place of the
hearing upon the subject of | ||||||
5 | the petition at least 20 days prior thereto
by one publication | ||||||
6 | thereof in one or more daily or weekly papers published
within | ||||||
7 | the proposed fire protection district (or if no daily or weekly | ||||||
8 | newspaper
is published within such proposed fire protection | ||||||
9 | district, then either
by one publication thereof in any | ||||||
10 | newspaper of general circulation within
that territory or by | ||||||
11 | posting at least 10 copies of the notice in the district
at | ||||||
12 | least 20 days before the hearing in conspicuous places as far | ||||||
13 | separated
from each other as consistently possible), and by | ||||||
14 | mailing a copy of the
notice to the mayor or president of the | ||||||
15 | board of trustees of all cities,
villages and incorporated | ||||||
16 | towns in whole or in part within the proposed
fire protection | ||||||
17 | district.
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18 | At the hearing all persons residing in or owning property | ||||||
19 | situated in the
proposed fire protection district shall have an | ||||||
20 | opportunity to be heard;
and if the court finds that the | ||||||
21 | petition does not comply with the provisions
of this Act or | ||||||
22 | that the allegations of the petition are not true, the court
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23 | shall dismiss the petition; but if the court finds that the | ||||||
24 | petition complies
with the provisions of this Act and that the | ||||||
25 | allegations of the petition
are true, the same shall be | ||||||
26 | incorporated in an order which shall be filed
of record in the | ||||||
27 | court. Upon
the entering of such order
the court shall order | ||||||
28 | the submission to the legal voters of the proposed
fire | ||||||
29 | protection district the question of organization and | ||||||
30 | establishment
of the proposed fire protection district at an | ||||||
31 | election. The circuit clerk
shall certify the question and the | ||||||
32 | order to the proper election officials
who shall submit the | ||||||
33 | question at an election in accordance with the general
election | ||||||
34 | law.
The notice of the referendum shall specify the purpose of | ||||||
35 | such election
with a description of the proposed district.
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36 | The question shall be in substantially the following form:
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1 | -------------------------------------------------------------
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2 | For Fire Protection District.
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3 | -------------------------------------------------------------
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4 | Against Fire Protection District.
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5 | -------------------------------------------------------------
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6 | The court shall cause a written statement of the results of | ||||||
7 | such election
to be filed of record in the court. If
no city or | ||||||
8 | village or incorporated town nor any part thereof is included
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9 | in the territory proposed as a district and the majority of the | ||||||
10 | votes cast
at such election upon the question shall be in favor | ||||||
11 | of the incorporation
of the proposed fire protection district, | ||||||
12 | or if a city or village or incorporated
town or any part | ||||||
13 | thereof is included in the territory proposed as a district
and | ||||||
14 | a majority of the votes cast
at such election upon the | ||||||
15 | question, within the limits of each city or village
or | ||||||
16 | incorporated town and also a majority of those cast outside the | ||||||
17 | limits
of each such city or village or incorporated town shall | ||||||
18 | be in favor of the
proposed fire protection district, or if a | ||||||
19 | city or village or
incorporated town is included in the | ||||||
20 | territory proposed
as a district and a majority of the votes | ||||||
21 | cast at such election upon the
question within the limits of | ||||||
22 | such city or village or incorporated town
or in any other city | ||||||
23 | or village or incorporated town
which is included in the | ||||||
24 | proposed territory shall be in
favor of the proposed fire | ||||||
25 | protection district, and even if a majority of
the votes cast | ||||||
26 | outside the limits of such city or cities or village or
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27 | villages or incorporated town or towns, are not in favor
of the | ||||||
28 | proposed fire protection district, in each city or village or
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29 | incorporated town which casts a majority of votes in
favor of | ||||||
30 | the proposed district, the proposed district or portion
of the | ||||||
31 | proposed district in which a majority of the votes cast at the
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32 | election are in favor
of the proposition as provided in this | ||||||
33 | amendatory Act of 1986 shall
thenceforth be deemed
an organized | ||||||
34 | fire protection district under this Act, and the
court shall | ||||||
35 | enter an order accordingly and cause the same to be filed
of | ||||||
36 | record in the court and shall also cause
to be sent to the |
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1 | county
clerk of any and all other counties in which any portion | ||||||
2 | of the district
lies and the Office of the State Fire Marshal a | ||||||
3 | certified copy of the order
organizing the district and a plat | ||||||
4 | of the same indicating what lands of
the district lie in such | ||||||
5 | other county or counties. The circuit clerk shall
also file | ||||||
6 | with the Office of the State Fire Marshal a certified copy of
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7 | any other order organizing any other fire protection district | ||||||
8 | which may
have been theretofore organized in the county.
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9 | (Source: P.A. 85-1434 .)
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