Bill Text: IL HB0858 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Fire Protection District Act. Makes a technical change in a Section concerning annexation of territory.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0858 Detail]

Download: Illinois-2019-HB0858-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0858 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
70 ILCS 705/3 from Ch. 127 1/2, par. 23
Amends the Fire Protection District Act. Makes a technical change in a Section concerning annexation of territory.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Protection District Act is amended by
changing Section 3 as follows:
(70 ILCS 705/3) (from Ch. 127 1/2, par. 23)
Sec. 3. Additional contiguous territory having the 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

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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.
-------------------------------------------------------------

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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

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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

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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.)