(70 ILCS 105/1) (from Ch. 21, par. 64.24a)
Sec. 1.
Any area within the boundaries of a single county may be
incorporated as a cemetery maintenance district in the manner following:
Fifty or more of the legal voters resident within the limits of such
proposed district or a majority thereof if less than 100, may petition
the circuit court for the county in which the proposed district is
located to cause the question to be submitted to the legal voters of
such proposed district, whether such proposed territory shall be
organized as a cemetery maintenance district under this Act. Such
petition shall be addressed to the court and shall contain a definite
description of the boundaries of the territory to be embraced in the
proposed district, and the name of such proposed district; provided,
that the territory incorporated in any district formed hereunder shall
be contiguous and may contain any territory not previously included in
any cemetery maintenance district.
Upon filing any such petition, in the office of the circuit clerk of the
county in which such petition is made, the court shall consider the boundaries
of any such proposed cemetery maintenance district whether the
same shall be those stated in the petition or otherwise.
Notice shall be given by the court of the time and place of a hearing upon
the subject of the petition which shall be inserted in one or more daily
or weekly papers published within the proposed cemetery maintenance district,
or if no daily or weekly newspaper is published within such proposed cemetery
maintenance district, then by posting at least 10 copies in such proposed
district at least 20 days before such meeting in conspicuous places as far
separated from each other as consistently possible.
At such hearing all persons in such proposed cemetery maintenance
district shall have an opportunity to be heard touching the location and
boundary of such proposed district and make suggestions regarding the
same, and the court, after hearing statements, evidence and suggestions,
shall fix and determine the limits and boundaries of such proposed
district, and for that purpose and to that extent, may alter and amend
such petition. After such determination by the court the same shall be
incorporated in an order which shall be filed in the records of the
court. Upon the entering of such order the court
shall certify the order and the proposition to the proper election officials,
who shall submit the proposition to the voters at an election in accordance
with the general election law. In addition to the requirements of the general
election law, notice of the referendum shall include a description of such
proposed district and the name of the proposed district.
The proposition shall be in substantially the following form:
-------------------------------------------------------------- Shall.... cemetery YES maintenance district --------------------------------- be incorporated? NO--------------------------------------------------------------
The court shall cause a statement of
the results of such election to be filed in the records
of the court.
If a majority of the votes cast upon the question are
in favor of the incorporation of the proposed cemetery maintenance
district, such district shall thenceforth be an organized cemetery
maintenance district under this Act, and the court shall enter an order
accordingly and cause the same to be filed in the records of the
court and shall also cause to be sent to the county clerk a certified
copy of the order organizing such district.
(Source: P.A. 83-343.)
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