State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]

91_HB2112

 
                                               LRB9101167DHmg

 1        AN ACT to amend the Soil and Water Conservation Districts
 2    Act by changing Section 17.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Soil and Water Conservation Districts Act
 6    is amended by changing Section 17 as follows:

 7        (70 ILCS 405/17) (from Ch. 5, par. 122)
 8        Sec.  17.  Included  territory.   All  of  the  territory
 9    contained within the boundaries of a county or counties shall
10    be  a  part of the Soil and Water Conservation District whose
11    territories are located within the county or counties  except
12    in  Cook  County  in which case all of the territory north of
13    22nd Street also known as Cermak Road, shall be a part of the
14    North Cook Soil and Water Conservation District  and  all  of
15    the  territory  of  Cook  County that is south of 22nd Street
16    also known as Cermak Road, shall be a part of the  Will-South
17    Cook  Soil  and  Water Conservation District.  The boundaries
18    for  any  District  consolidated  after  July  1,   1996   in
19    accordance  with  Section 26a of this Act shall encompass all
20    territory contained within those Districts so  consolidating.
21    Including   additional  territory.  Petitions  for  including
22    additional territory within an existing district may be filed
23    with the Department, and the proceedings herein provided  for
24    in  the  case  of  petitions  to organize a district shall be
25    observed in the case of petitions  for  such  inclusion.  The
26    Department shall prescribe the form for such petitions, which
27    shall  be  as nearly as may be in the form prescribed in this
28    Act for petitions to organize a district. In all cases  where
29    a  petition  is  signed by a majority of the land owners in a
30    proposed area, no referendum or hearing  need  be  held.  The
31    petition  shall serve as prima facie evidence that the public
 
                            -2-                LRB9101167DHmg
 1    good is being served and the territory shall be included.  In
 2    cases where the proposed area lies wholly or in  part  within
 3    the  boundaries of a municipality and a petition is signed by
 4    a majority of the governing body  of  that  municipality,  no
 5    referendum  or  hearing  need  be held as to that part of the
 6    proposed  area  lying   within   the   boundaries   of   that
 7    municipality.   The  petition  shall  serve  as  prima  facie
 8    evidence  that  the  public  good  is  being  served  and the
 9    territory shall be included.  If such territory lies in  more
10    than  one  district,  it  shall  be included in that district
11    which contains  the  greater  amount  of  the  territory.  In
12    referenda  upon  petitions  for inclusion only owners of land
13    within the proposed additional area shall be eligible to vote
14    and each shall have one vote. Such vote may be cast in person
15    or by absentee ballot.
16    (Source: P.A. 85-438.)

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