Illinois General Assembly - Illinois Compiled Statutes

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70 ILCS 705/3

(70 ILCS 705/3) (from Ch. 127 1/2, par. 23)

Sec. 3.

Additional contiguous territory having the qualifications set
forth in Section 1 may be added to any fire protection district as
provided for in this Act in the manner following:

(a) One percent or more of the legal voters resident within the limits of
the proposed addition to the fire protection
district may petition the
court of the county in which the original petition for the formation of
the fire protection district was filed, to cause the question to be
submitted to the legal voters of the proposed additional territory
whether the proposed additional territory shall become a part of any
contiguous fire protection district organized under this Act and whether
the voters of the additional territory shall assume a proportionate
share of the bonded indebtedness of the district. The 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 addition
and shall allege facts in support of such addition.

Upon filing the petition in the office of the circuit clerk of the
county in which the original petition for the formation of the fire
protection district was filed, it shall be the duty of the court to fix
a time and place of a hearing upon the subject of the petition.

Notice shall be given by the court, or by the circuit clerk or
sheriff upon order of the court of the county in which the petition is
filed, of the time and place of a hearing upon the petition in the
manner as provided in Section 1. The conduct of the hearing on the question whether the
proposed additional territory shall become a part of the fire protection
district shall be carried out in the manner described in Section 1, as
nearly as may be. The question shall be in substantially the following form:

--------------------------------------------------------------
For joining the.... Fire
Protection District and assuming a
proportionate share of bonded
indebtedness, if any.
--------------------------------------------------------------
Against joining the.... Fire
Protection District and assuming a
proportionate share of bonded
indebtedness, if any.
--------------------------------------------------------------

If a majority of the votes cast at the election upon the question of
becoming a part of any contiguous fire protection district are in favor
of becoming a part of that fire protection district and if the trustees
of the fire protection district accept the proposed additional
territory by resolution, the proposed additional territory shall be
deemed an integral part of that fire protection district and shall be
subject to all the benefits of service and responsibilities of the
district as set forth in this Act.

(a-5) Any fire protection district organized under the provisions of this Act may be simultaneously dissolved and consolidated into an adjoining fire protection district upon like petition, hearing and election as is provided under Section 1 of this Act for the organization of such district, except that the ballot for such election shall be in substantially the following form:

--------------------------------------------------------------
    Shall the ... Fire Protection District
dissolve and be consolidated        YES
into the ... Fire                ----------------------------
Protection District?                NO
-------------------------------------------------------------

If a majority of the votes cast on the question at such election are in favor of such dissolution and consolidation, and if the board of trustees of the adjoining district agrees by resolution to accept the territory comprising the dissolved district,  the circuit court of the county in which the petition was filed shall enter an order on the records of the court dissolving and consolidating such district. On the effective date of the simultaneous dissolution and consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the former district shall vest in and be assumed by the fire protection district assuming the territory of the former district.

(b) The owner or owners of any tract or tracts of land, contiguous to an
existing fire protection district and not already included in a fire
protection district, may file a written petition, addressed to the
trustees of the fire protection district to which they seek to have
their tract or tracts of land attached, containing a definite
description of the boundaries of the territory and a statement that they
desire that their property become a part of the fire protection district
to which their petition is addressed, and that they are willing that
their property assume a proportionate share of the bonded indebtedness,
if any, of the fire protection district.

When such a petition is filed with the trustees, they shall
immediately pass a resolution to accept or reject the territory proposed
to be attached. If the trustees resolve in favor of accepting the
territory, they shall file with the court of the county where the fire
protection district was organized the original petition and a certified
copy of the resolution, and the court shall then enter an order stating
that the proposed annexed territory shall be deemed an integral part of
that fire protection district and subject to all of the benefits of
service and responsibilities of the district. The circuit clerk shall
transmit a certified copy of the order to the county
clerk of each county in which any of the territory affected is situated
and to the State Fire Marshal.

(c) Upon the annexation of territory by a district, the boundary shall
extend to the far side of any adjacent highway and shall include all of
every highway within the area annexed.  These highways shall be considered
to be annexed even though not included in the legal description set forth
in the petition for annexation.

(Source: P.A. 98-1003, eff. 1-1-15.)