Executive Committee
Filed: 1/6/2011
 
 

 

 

 
09600SB3336ham001LRB096 16888 RLJ 44569 a



1
AMENDMENT TO SENATE BILL 3336




2    AMENDMENT NO. ______. Amend Senate Bill 3336 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Fire Protection District Act is amended by 
5changing Section 3 as follows:
 



6    (70 ILCS 705/3)  (from Ch. 127 1/2, par. 23)



7    Sec. 3. 
Additional contiguous territory having the
the 
8qualifications set
forth in Section 1 may be added to any fire 
9protection district as
provided for in this Act in the manner 
10following:
11    (a) One percent or more of the legal voters resident within 
12the limits of
the proposed addition to the fire protection

13district may petition the
court of the county in which the 
14original petition for the formation of
the fire protection 
15district was filed, to cause the question to be
submitted to 
16the legal voters of the proposed additional territory
whether 
 
 
09600SB3336ham001- 2 -LRB096 16888 RLJ 44569 a

1the proposed additional territory shall become a part of any

2contiguous fire protection district organized under this Act 
3and whether
the voters of the additional territory shall assume 
4a proportionate
share of the bonded indebtedness of the 
5district. The petition shall
be addressed to the court and 
6shall contain a definite description of
the boundaries of the 
7territory to be embraced in the proposed addition
and shall 
8allege facts in support of such addition.

9    Upon filing the petition in the office of the circuit clerk 
10of the
county in which the original petition for the formation 
11of the fire
protection district was filed, it shall be the duty 
12of the court to fix
a time and place of a hearing upon the 
13subject of the petition.

14    Notice shall be given by the court, or by the circuit clerk 
15or
sheriff upon order of the court of the county in which the 
16petition is
filed, of the time and place of a hearing upon the 
17petition in the
manner as provided in Section 1. The conduct of 
18the hearing on the question whether the
proposed additional 
19territory shall become a part of the fire protection
district 
20shall be carried out in the manner described in Section 1, as

21nearly as may be. The question shall be in substantially the 
22following form:

23-------------------------------------------------------------

24    For joining the.... Fire

25Protection District and assuming a

26proportionate share of bonded

 
 
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1indebtedness, if any.

2-------------------------------------------------------------

3    Against joining the.... Fire

4Protection District and assuming a

5proportionate share of bonded

6indebtedness, if any.

7-------------------------------------------------------------

8    If a majority of the votes cast at the election upon the 
9question of
becoming a part of any contiguous fire protection 
10district are in favor
of becoming a part of that fire 
11protection district and if the trustees
of the fire protection 
12district accept the proposed additional
territory by 
13resolution, the proposed additional territory shall be
deemed 
14an integral part of that fire protection district and shall be

15subject to all the benefits of service and responsibilities of 
16the
district as set forth in this Act.

17    (b) The owner or owners of any tract or tracts of land, 
18contiguous to an
existing fire protection district and not 
19already included in a fire
protection district, may file a 
20written petition, addressed to the
trustees of the fire 
21protection district to which they seek to have
their tract or 
22tracts of land attached, containing a definite
description of 
23the boundaries of the territory and a statement that they

24desire that their property become a part of the fire protection 
25district
to which their petition is addressed, and that they 
26are willing that
their property assume a proportionate share of 
 
 
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1the bonded indebtedness,
if any, of the fire protection 
2district.

3    When such a petition is filed with the trustees, they shall

4immediately pass a resolution to accept or reject the territory 
5proposed
to be attached. If the trustees resolve in favor of 
6accepting the
territory, they shall file with the court of the 
7county where the fire
protection district was organized the 
8original petition and a certified
copy of the resolution, and 
9the court shall then enter an order stating
that the proposed 
10annexed territory shall be deemed an integral part of
that fire 
11protection district and subject to all of the benefits of

12service and responsibilities of the district. The circuit clerk 
13shall
transmit a certified copy of the order to the county

14clerk of each county in which any of the territory affected is 
15situated
and to the State Fire Marshal.

16    (c) Upon the annexation of territory by a district, the 
17boundary shall
extend to the far side of any adjacent highway 
18and shall include all of
every highway within the area annexed.  
19These highways shall be considered
to be annexed even though 
20not included in the legal description set forth
in the petition 
21for annexation.

22(Source: P.A. 85-556; 86-1191.)".