(70 ILCS 3405/3) (from Ch. 42, par. 450)
Sec. 3.
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 which contains all or the
largest portion of the proposed district to cause the question to be
submitted to the legal voters of such proposed district, whether such
proposed territory shall be organized as a surface water protection
district under this Act. The petition shall be addressed to the court
and shall contain a general description of the boundaries of the
territory to be embraced in the proposed district, and the name of such
proposed district and shall allege facts in support of such organization
and incorporation. The description contained in the petition need not be
given by metes and bounds or by legal subdivisions but it shall be
sufficient if a generally accurate description is given of the territory
to be organized as a district.
Upon filing any such petition with the clerk of the court, the court
shall fix a time and place for a hearing upon the subject of the
petition.
Notice shall be given by the court to whom the petition is addressed,
or by the circuit clerk or sheriff of the county in which such petition
is made at the order and direction of the court, of the time and place
of the hearing upon the subject of the petition at least 20 days prior
thereto by one publication thereof in one or more daily or weekly papers
published within the proposed surface water protection district (or if
no daily or weekly newspaper is published within such proposed surface
water protection district, then either by one publication thereof in any
newspaper of general circulation within said territory or by posting at
least ten copies of such notice in such district at least 20 days before
such hearing in conspicuous places as far separated from each other as
consistently possible), and by mailing a copy of such notice to the
mayor or president of the board of trustees of all cities, villages and
incorporated towns within such proposed surface water protection
district.
At the hearing all persons residing in or owning property situated in
the proposed surface water protection district may appear and be heard
touching upon the sufficiency of the petition and the location and
boundaries of such proposed district and to make suggestions regarding
the same. If the court finds that the petition does not comply with the
provisions of this Act or that the allegations of the petition are not
true, the court shall dismiss the petition; but if the court finds that
the petition complies with the provisions of this Act and that the
allegations of the petition are true, the court shall fix and determine
the boundaries and limits of such proposed district and for that purpose
and to that extent may alter and amend the petition, and the same shall
be incorporated in an order which shall be entered of record in the
court. Upon the entering of such order the court shall
certify the question of organization and establishment of the proposed surface water
protection district to the proper election officials who shall submit the
question at an election in accordance with the general election law.
In addition to the requirements of the general election law, such notice
shall specify the purpose of such election with a
description of such proposed district.
Each legal voter resident within such proposed district shall have
the right to cast a ballot at such referendum. The question shall
be in substantially the following form:
-------------------------------------------------------------- For organization of....(name)Surface Water Protection District-------------------------------------------------------------- Against organization of....(name)Surface Water Protection District--------------------------------------------------------------
(Source: P.A. 83-343.)
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