Bill Text: IL HB1300 | 2011-2012 | 97th 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: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB1300 Detail]

Download: Illinois-2011-HB1300-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1300 Introduced 02/09/11, by Rep. Donald L. Moffitt 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:
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For joining the.... Fire
Protection District and assuming a
proportionate share of bonded
indebtedness, if any.
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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.
(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

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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. 85-556; 86-1191.)