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91_SB0573
LRB9105757MWgc
1 AN ACT concerning referenda, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Section 6-19 and adding Section 28-1.5 as follows:
6 (10 ILCS 5/6-19) (from Ch. 46, par. 6-19)
7 Sec. 6-19. The election officials canvassing returns
8 shall cause a statement of the result of such election on the
9 rejection of this Article 6 and Articles 14 and 18 of this
10 Act to be certified to the court. If a majority of the
11 electors voting on the question vote total votes cast at such
12 election is in the affirmative, the court shall enter an
13 order declaring said Articles rejected and shall file a copy
14 of the order in the office of the Secretary of State.
15 Thereupon said Articles shall cease to be operative and
16 binding in such city.
17 (Source: Laws 1965, p. 3481.)
18 (10 ILCS 5/28-1.5 new)
19 Sec. 28-1.5. Referenda; general primary and general
20 elections. Notwithstanding any other law to the contrary,
21 referenda may be placed on the ballot only at the general
22 primary election and the general election.
23 Section 10. The Counties Code is amended by changing
24 Sections 1-3002 and 1-4004 as follows:
25 (55 ILCS 5/1-3002) (from Ch. 34, par. 1-3002)
26 Sec. 1-3002. Election; effect. If it shall appear that a
27 majority of the electors voting on the question all the votes
28 cast at such election, in each of the counties interested, is
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1 in favor of the erection of such new county, the county clerk
2 of each of said counties shall certify the same to the
3 Secretary of State, stating in such certificate the name,
4 territorial contents and boundaries of such new county;
5 whereupon the Secretary of State shall notify the Governor of
6 the result of such election, whose duty it shall be to order
7 an election of county officers for such new county in
8 accordance with the general election law for the election of
9 county officers. At such election the qualified voters of
10 said new county shall elect all county officers for said
11 county, except as hereinafter excepted, who shall be
12 commissioned and qualified in the same manner as such
13 officers are in other counties in this State, and who shall
14 continue in office until the next regular election for such
15 officers, and until their successors are elected and
16 qualified, and who shall have all the jurisdiction and
17 perform all the duties which are or may be conferred upon
18 such officers in other counties of this State.
19 (Source: P.A. 86-962.)
20 (55 ILCS 5/1-4004) (from Ch. 34, par. 1-4004)
21 Sec. 1-4004. Effect of vote. If a majority of the
22 electors voting on the question, in each of the counties, is
23 votes polled in each of such counties at such election shall
24 be in favor of said proposition, all that territory included
25 within the established boundaries of the petitioning county,
26 shall be united and annexed to the adjoining county, and such
27 petitioning county, shall cease to have any separate
28 existence as a county, but shall be merged into and form an
29 integral part of such adjoining county, in fact and in name,
30 at the time and in the manner hereinafter provided.
31 (Source: P.A. 86-962.)
32 Section 15. The Illinois Municipal Code is amended by
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1 changing Sections 2-2-3, 2-2-8, 2-3-6, 5-5-1, 11-66-3, and
2 11-112-1 as follows:
3 (65 ILCS 5/2-2-3) (from Ch. 24, par. 2-2-3)
4 Sec. 2-2-3. The question shall be in substantially the
5 following form:
6 -------------------------------------------------------------
7 Shall the city of.... YES
8 incorporate as a city under -------------------------------
9 the general law? NO
10 -------------------------------------------------------------
11 The corporate authorities shall cause the result of the
12 canvass to be entered on the records of the city. If a
13 majority of the electors voting on the question votes cast at
14 the election favor incorporation as a city under the general
15 law, the city is incorporated under this Code. Thereupon, the
16 city officers then in office shall exercise the powers
17 conferred upon like officers in this Code, until their
18 successors are elected and have qualified.
19 (Source: P.A. 81-1489.)
20 (65 ILCS 5/2-2-8) (from Ch. 24, par. 2-2-8)
21 Sec. 2-2-8. The proposition shall be in substantially
22 the following form:
23 -------------------------------------------------------------
24 Shall the territory (here describe YES
25 it) be incorporated as a city under ------------------
26 the general law? NO
27 -------------------------------------------------------------
28 The result of the election shall be entered of record in
29 the court. If a majority of the electors voting on the
30 proposition votes cast at the election favor incorporation as
31 a city under the general law, the inhabitants of the
32 territory described in the petition are incorporated as a
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1 city under this Code, with the name stated in the petition.
2 Appeals may be taken as in other civil cases.
3 (Source: P.A. 83-343.)
4 (65 ILCS 5/2-3-6) (from Ch. 24, par. 2-3-6)
5 Sec. 2-3-6. Upon the filing of such a petition with the
6 circuit clerk, the court shall hear testimony and rule that
7 the area under consideration is or is not a village in fact.
8 The ruling of the court shall be entered of record in the
9 court. If the court rules that the area does not constitute a
10 village in fact, the petition to incorporate the area as a
11 village is denied and no subsequent petition concerning
12 village incorporation of any of the land described in the
13 earlier petition may be filed within one year. If the court
14 rules that the area does constitute a village in fact, such
15 court shall enter an order so finding and the proposition
16 shall be certified and submitted to the electors of such area
17 in the manner provided by the general election law. The
18 proposition shall be in substantially the following form:
19 -------------------------------------------------------------
20 Shall the territory (here YES
21 describe it) be incorporated as --------------------------
22 a village under the general law? NO
23 -------------------------------------------------------------
24 The result of the election shall be entered of record in
25 the court. If a majority of the electors voting on the
26 proposition votes cast at the election favor incorporation as
27 a village under the general law the inhabitants of the
28 territory described in the petition are incorporated as a
29 village under this Code with the name stated in the petition.
30 (Source: P.A. 83-343.)
31 (65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
32 Sec. 5-5-1. Petition for abandonment of managerial form;
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1 referendum; succeeding elections of officers and aldermen or
2 trustees.
3 (a) A city or village that has operated for 4 years or
4 more under the managerial form of municipal government may
5 abandon that organization as provided in this Section. For
6 the purposes of this Article, the operation of the managerial
7 form of municipal government shall be deemed to begin on the
8 date of the appointment of the first manager in the city or
9 village. When a petition for abandonment signed by electors
10 of the municipality equal in number to at least 10% of the
11 number of votes cast for candidates for mayor at the
12 preceding general quadrennial municipal election is filed
13 with the circuit court for the county in which that city or
14 village is located, the court shall set a date not less than
15 10 nor more than 30 days thereafter for a hearing on the
16 sufficiency of the petition. Notice of the filing of the
17 petition and of the date of the hearing shall be given in
18 writing to the city or village clerk and to the mayor or
19 village president at least 7 days before the date of the
20 hearing. If the petition is found sufficient, the court shall
21 enter an order directing that the proposition be submitted at
22 an election other than a primary election for the
23 municipality. The clerk of the court shall certify the
24 proposition to the proper election authorities for
25 submission. The proposition shall be in substantially the
26 following form:
27 Shall (name of city or village) retain the
28 managerial form of municipal government?
29 (b) If the majority of the electors voting on the
30 proposition vote in the affirmative votes at the election are
31 "yes", then the proposition to abandon is rejected and the
32 municipality shall continue operating under this Article 5.
33 If the majority of the electors voting on the proposition
34 vote in the negative of the votes are "no", then the
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1 proposition to abandon operation under this Article 5 is
2 approved.
3 (c) If the proposition for abandonment is approved, the
4 city or village shall become subject to Article 3.1 or
5 Article 4, whichever Article was in force in the city or
6 village immediately before the adoption of the plan
7 authorized by this Article 5, upon the election and
8 qualification of officers to be elected at the next
9 succeeding general municipal election. Those officers shall
10 be those prescribed by Article 3.1 or Article 4, as the case
11 may be, but the change shall not in any manner or degree
12 affect the property rights or liabilities of the city or
13 village. The mayor, clerk, and treasurer and all other
14 elected officers of a city or village in office at the time
15 the proposition for abandonment is approved shall continue in
16 office until the expiration of the term for which they were
17 elected.
18 (d) If a city or village operating under this Article 5
19 has aldermen or trustees elected from wards or districts and
20 a proposition to abandon operation under this Article 5 is
21 approved, then the officers to be elected at the next
22 succeeding general municipal election shall be elected from
23 the same wards or districts as exist immediately before the
24 abandonment.
25 (e) If a city or village operating under this Article 5
26 has a council or village board elected from the municipality
27 at large and a proposition to abandon operation under this
28 Article 5 is approved, then the first group of aldermen,
29 board of trustees, or commissioners so elected shall be of
30 the same number as was provided for in the municipality at
31 the time of the adoption of a plan under this Article 5, with
32 the same ward or district boundaries in cities or villages
33 that immediately before the adoption of this Article 5 had
34 wards or districts, unless the municipal boundaries have been
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1 changed. If there has been such a change, the council or
2 village board shall so alter the former ward or district
3 boundaries so as to conform as nearly as possible to the
4 former division. If the plan authorized by this Article 5 is
5 abandoned, the next general municipal election for officers
6 shall be held at the time specified in Section 3.1-10-75 or
7 3.1-25-15 for that election. The aldermen or trustees elected
8 at that election shall, if the city or village was operating
9 under Article 3 at the time of adoption of this Article 5 and
10 had at that time staggered 4 year terms of office for the
11 aldermen or trustees, choose by lot which shall serve initial
12 2 year terms as provided by Section 3.1-20-35 or 3.1-15-5,
13 whichever may be applicable, in the case of election of those
14 officers at the first election after a municipality is
15 incorporated.
16 (f) The proposition to abandon the managerial form of
17 municipal government shall not be submitted in any city or
18 village oftener than once in 46 months.
19 (Source: P.A. 87-1119.)
20 (65 ILCS 5/11-66-3) (from Ch. 24, par. 11-66-3)
21 Sec. 11-66-3. If a majority of the electors voting on the
22 question all votes cast at the election are in favor of the
23 tax levy for a municipal coliseum, the corporate authorities,
24 in the next annual tax levy, shall include a tax not to
25 exceed .25% of the value, as equalized or assessed by the
26 Department of Revenue, on all the taxable property of the
27 municipality for the establishment of a municipal coliseum in
28 the municipality, and thereafter may annually levy a tax not
29 to exceed .05% of the value, as equalized or assessed by the
30 Department of Revenue, on all the taxable property of the
31 municipality, for the maintenance thereof and for the payment
32 for the use of any money loaned or advanced to the
33 municipality for the purpose of buying a site and building
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1 the municipal coliseum, and for the repayment of any money so
2 loaned or advanced. Payment for the use of money so loaned or
3 advanced shall be in such form and manner as the board of
4 directors may determine, and the amount so paid shall not
5 exceed 5% annually on any money so loaned or advanced. The
6 corporate authorities of such a municipality, when real
7 estate owned by the municipality is not necessary for any
8 other municipal purpose, may authorize the use of the real
9 estate for the municipal coliseum.
10 The foregoing limitations upon tax rates may be increased
11 or decreased according to the referendum provisions of the
12 General Revenue Law of Illinois.
13 (Source: P.A. 86-1028.)
14 (65 ILCS 5/11-112-1) (from Ch. 24, par. 11-112-1)
15 Sec. 11-112-1. When a vote has been taken under "An Act
16 to enable cities, villages and towns threatened with overflow
17 or inundation to levy taxes by vote of the electors thereof,
18 to strengthen, build, raise or repair the levees around same
19 and to issue anticipation warrants on such taxes," approved
20 June 11, 1897, as amended, or when a vote is taken under this
21 Section and Section 11-112-2 at a general municipal election
22 in a municipality that is protected by levees or embankments,
23 or that may deem it necessary to be so protected, and a
24 majority of the electors voting on the question legal votes
25 cast at the election were or are for a tax to build, raise,
26 strengthen, or repair the levees around the municipality, not
27 exceeding the rate of .1666% annually, to be levied annually
28 for a period of not exceeding 7 years on the taxable property
29 of the municipality, the corporate authorities of the
30 municipality may (1) make an appropriation by ordinance of
31 the proceeds of the tax so authorized, (2) pass an ordinance
32 levying the tax for the whole period as authorized by the
33 vote to be annually extended, and (3) draw tax anticipation
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1 warrants thereon to the amount that the tax levy will produce
2 based on the assessment of the preceding year of all the
3 taxable property of the municipality. These warrants shall
4 draw interest at not to exceed the rate authorized by the
5 vote authorizing the tax, not exceeding 7% annually, but the
6 warrants shall not be sold below par.
7 The foregoing limitation upon tax rate may be increased
8 or decreased according to the referendum provisions of the
9 General Revenue Law of Illinois.
10 (Source: P.A. 76-845.)
11 Section 20. The Fire Protection District Act is amended
12 by changing Sections 1 and 3 as follows:
13 (70 ILCS 705/1) (from Ch. 127 1/2, par. 21)
14 Sec. 1. It is hereby declared as a matter of legislative
15 determination that in order to promote and protect the
16 health, safety, welfare and convenience of the public, it is
17 necessary in the public interest to provide for the creation
18 of municipal corporations known as fire protection districts
19 and to confer upon and vest in the fire protection districts
20 all powers necessary or appropriate in order that they may
21 engage in the acquisition, establishment, maintenance and
22 operation of fire stations, facilities, vehicles, apparatus
23 and equipment for the prevention and control of fire therein
24 and the underwater recovery of drowning victims, and provide
25 as nearly adequate protection from fire for lives and
26 property within the districts as possible and regulate the
27 prevention and control of fire therein; and that the powers
28 herein conferred upon such fire protection districts are
29 public objects and governmental functions in the public
30 interest.
31 Whenever any territory is (1) an area of contiguous
32 territory in a county, or in more than one but in not more
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1 than 5 counties; (2) so situated that the destruction by fire
2 of the buildings and other property therein is hazardous to
3 the lives and property of the public; (3) so situated that
4 the acquisition, establishment, maintenance and operation of
5 a fire station or stations, facilities, vehicles, apparatus
6 and equipment for the prevention and control of fire therein
7 will conduce to the promotion and protection of the health,
8 safety, welfare and convenience of the public; (4) so
9 situated that it does not divide any city, village or
10 incorporated town, but, in the case of a city, village or
11 incorporated town situated partly within and partly without
12 one or more existing fire protection districts, such
13 territory shall not be considered as dividing the city,
14 village or incorporated town if it includes all of the city,
15 village or incorporated town situated outside of any existing
16 fire protection district; (5) so situated that such territory
17 contains no territory included in any other fire protection
18 district, or if any territory is disconnected in the manner
19 provided in Section 16c of this Act, the same may be
20 incorporated as a fire protection district. For the purpose
21 of meeting the requirement of item (1) that the territory be
22 contiguous, territory shall be considered to be contiguous if
23 the only separation between parts of such territory is land
24 owned by the United States, the State of Illinois, or any
25 agency or instrumentality of either. In the case of
26 territory disconnected from an existing district pursuant to
27 Section 16c of this Act, such territory may be incorporated
28 as provided in that Section; otherwise such districts may be
29 incorporated under this Act in the manner following:
30 Fifty or more of the legal voters resident within the
31 limits of the proposed district, or a majority thereof if
32 less than 100, may petition the circuit court for the county
33 which contains all or the largest portion of the proposed
34 district to cause the question to be submitted to the legal
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1 voters of the proposed district, whether the proposed
2 territory shall be organized as a fire protection district
3 under this Act; the petition shall be addressed to the court
4 and shall contain a definite description of the boundaries of
5 the territory to be embraced in the proposed district, and
6 the name of the proposed district and shall allege facts in
7 support of the organization and incorporation.
8 Upon filing a petition in the office of the circuit clerk
9 of the county in which the petition is made, the court shall
10 fix a time and place for a hearing upon the subject of the
11 petition.
12 Notice shall be given by the court to which the petition
13 is addressed, or by the circuit clerk or sheriff of the
14 county in which the petition is made at the order and
15 direction of the court, of the time and place of the hearing
16 upon the subject of the petition at least 20 days prior
17 thereto by one publication thereof in one or more daily or
18 weekly papers published within the proposed fire protection
19 district (or if no daily or weekly newspaper is published
20 within such proposed fire protection district, then either by
21 one publication thereof in any newspaper of general
22 circulation within that territory or by posting at least 10
23 copies of the notice in the district at least 20 days before
24 the hearing in conspicuous places as far separated from each
25 other as consistently possible), and by mailing a copy of the
26 notice to the mayor or president of the board of trustees of
27 all cities, villages and incorporated towns in whole or in
28 part within the proposed fire protection district.
29 At the hearing all persons residing in or owning property
30 situated in the proposed fire protection district shall have
31 an opportunity to be heard; and if the court finds that the
32 petition does not comply with the provisions of this Act or
33 that the allegations of the petition are not true, the court
34 shall dismiss the petition; but if the court finds that the
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1 petition complies with the provisions of this Act and that
2 the allegations of the petition are true, the same shall be
3 incorporated in an order which shall be filed of record in
4 the court. Upon the entering of such order the court shall
5 order the submission to the legal voters of the proposed fire
6 protection district the question of organization and
7 establishment of the proposed fire protection district at an
8 election. The circuit clerk shall certify the question and
9 the order to the proper election officials who shall submit
10 the question at an election in accordance with the general
11 election law. The notice of the referendum shall specify the
12 purpose of such election with a description of the proposed
13 district.
14 The question shall be in substantially the following
15 form:
16 -------------------------------------------------------------
17 For Fire Protection District.
18 -------------------------------------------------------------
19 Against Fire Protection District.
20 -------------------------------------------------------------
21 The court shall cause a written statement of the results
22 of such election to be filed of record in the court. If no
23 city or village or incorporated town nor any part thereof is
24 included in the territory proposed as a district and the
25 majority of the electors voting votes cast at such election
26 upon the question shall be in favor of the incorporation of
27 the proposed fire protection district, or if a city or
28 village or incorporated town or any part thereof is included
29 in the territory proposed as a district and a majority of the
30 electors voting votes cast at such election upon the
31 question, within the limits of each city or village or
32 incorporated town and also a majority of the electors voting
33 on the question those cast outside the limits of each such
34 city or village or incorporated town shall be in favor of the
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1 proposed fire protection district, or if a city or village or
2 incorporated town is included in the territory proposed as a
3 district and a majority of the electors voting votes cast at
4 such election upon the question within the limits of such
5 city or village or incorporated town or in any other city or
6 village or incorporated town which is included in the
7 proposed territory shall be in favor of the proposed fire
8 protection district, and even if a majority of the electors
9 voting upon the question votes cast outside the limits of
10 such city or cities or village or villages or incorporated
11 town or towns, are not in favor of the proposed fire
12 protection district, in each city or village or incorporated
13 town in which a majority of the electors voting on the
14 question are casts a majority of votes in favor of the
15 proposed district, the proposed district or portion of the
16 proposed district in which a majority of the electors voting
17 on the question votes cast at the election are in favor of
18 the proposition as provided in this amendatory Act of 1986
19 and this amendatory Act of the 91st General Assembly shall
20 thenceforth be deemed an organized fire protection district
21 under this Act, and the court shall enter an order
22 accordingly and cause the same to be filed of record in the
23 court and shall also cause to be sent to the county clerk of
24 any and all other counties in which any portion of the
25 district lies and the Office of the State Fire Marshal a
26 certified copy of the order organizing the district and a
27 plat of the same indicating what lands of the district lie in
28 such other county or counties. The circuit clerk shall also
29 file with the Office of the State Fire Marshal a certified
30 copy of any other order organizing any other fire protection
31 district which may have been theretofore organized in the
32 county.
33 (Source: P.A. 85-1434.)
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1 (70 ILCS 705/3) (from Ch. 127 1/2, par. 23)
2 Sec. 3. Additional contiguous territory having the
3 qualifications set forth in Section 1 may be added to any
4 fire protection district as provided for in this Act in the
5 manner following:
6 (a) One percent or more of the legal voters resident
7 within the limits of the proposed addition to the fire
8 protection district may petition the court of the county in
9 which the original petition for the formation of the fire
10 protection district was filed, to cause the question to be
11 submitted to the legal voters of the proposed additional
12 territory whether the proposed additional territory shall
13 become a part of any contiguous fire protection district
14 organized under this Act and whether the voters of the
15 additional territory shall assume a proportionate share of
16 the bonded indebtedness of the district. The petition shall
17 be addressed to the court and shall contain a definite
18 description of the boundaries of the territory to be embraced
19 in the proposed addition and shall allege facts in support of
20 such addition.
21 Upon filing the petition in the office of the circuit
22 clerk of the county in which the original petition for the
23 formation of the fire protection district was filed, it shall
24 be the duty of the court to fix a time and place of a hearing
25 upon the subject of the petition.
26 Notice shall be given by the court, or by the circuit
27 clerk or sheriff upon order of the court of the county in
28 which the petition is filed, of the time and place of a
29 hearing upon the petition in the manner as provided in
30 Section 1. The conduct of the hearing on the question whether
31 the proposed additional territory shall become a part of the
32 fire protection district shall be carried out in the manner
33 described in Section 1, as nearly as may be. The question
34 shall be in substantially the following form:
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1 -------------------------------------------------------------
2 For joining the.... Fire
3 Protection District and assuming a
4 proportionate share of bonded
5 indebtedness, if any.
6 -------------------------------------------------------------
7 Against joining the.... Fire
8 Protection District and assuming a
9 proportionate share of bonded
10 indebtedness, if any.
11 -------------------------------------------------------------
12 If a majority of the electors voting votes cast at the
13 election upon the question of becoming a part of any
14 contiguous fire protection district are in favor of becoming
15 a part of that fire protection district and if the trustees
16 of the fire protection district accept the proposed
17 additional territory by resolution, the proposed additional
18 territory shall be deemed an integral part of that fire
19 protection district and shall be subject to all the benefits
20 of service and responsibilities of the district as set forth
21 in this Act.
22 (b) The owner or owners of any tract or tracts of land,
23 contiguous to an existing fire protection district and not
24 already included in a fire protection district, may file a
25 written petition, addressed to the trustees of the fire
26 protection district to which they seek to have their tract or
27 tracts of land attached, containing a definite description of
28 the boundaries of the territory and a statement that they
29 desire that their property become a part of the fire
30 protection district to which their petition is addressed, and
31 that they are willing that their property assume a
32 proportionate share of the bonded indebtedness, if any, of
33 the fire protection district.
34 When such a petition is filed with the trustees, they
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1 shall immediately pass a resolution to accept or reject the
2 territory proposed to be attached. If the trustees resolve in
3 favor of accepting the territory, they shall file with the
4 court of the county where the fire protection district was
5 organized the original petition and a certified copy of the
6 resolution, and the court shall then enter an order stating
7 that the proposed annexed territory shall be deemed an
8 integral part of that fire protection district and subject to
9 all of the benefits of service and responsibilities of the
10 district. The circuit clerk shall transmit a certified copy
11 of the order to the county clerk of each county in which any
12 of the territory affected is situated and to the State Fire
13 Marshal.
14 (c) Upon the annexation of territory by a district, the
15 boundary shall extend to the far side of any adjacent highway
16 and shall include all of every highway within the area
17 annexed. These highways shall be considered to be annexed
18 even though not included in the legal description set forth
19 in the petition for annexation.
20 (Source: P.A. 85-556; 86-1191.)
21 Section 25. The River Conservancy Districts Act is
22 amended by changing Section 1 as follows:
23 (70 ILCS 2105/1) (from Ch. 42, par. 383)
24 Sec. 1. Whenever the unified control of a lake or of a
25 river system or a portion thereof shall be deemed conducive
26 to the prevention of stream pollution development,
27 conservation and protection of water supply, preservation of
28 water levels, control or prevention of floods, reclamation of
29 wet and overflowed lands, development of irrigation,
30 conservation of soil, provision of domestic, industrial or
31 public water supplies, collection and disposal of sewage and
32 other public liquid wastes, provision of forests, wildlife
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1 areas, parks and recreational facilities, and to the
2 promotion of the public health, comfort and convenience the
3 same may be organized as a conservancy district under this
4 Act in the manner following:
5 One per cent or more of the legal voters resident within
6 the limits of such proposed district, and, with respect to
7 petitions filed on or after the effective date of this
8 amendatory Act of 1990, one percent of the legal voters
9 resident in each county in which the proposed district is
10 situated, may petition the circuit court for the county which
11 contains all or the largest portion of the proposed district
12 to cause the question to be submitted to the legal voters of
13 such proposed district, whether such proposed territory shall
14 be organized as a conservancy district under this Act, which
15 petition shall be addressed to the court and shall contain a
16 general description of the boundaries of the territory to be
17 embraced in the proposed district and the name of such
18 proposed district. The description need not be given by metes
19 and bounds or by legal subdivisions, but it shall be
20 sufficient if a generally accurate description is given of
21 the territory to be organized as a district. Such territory
22 need not be contiguous, provided that it be so situated that
23 the public health, safety, convenience or welfare will be
24 promoted by the organization as a single district of the
25 territory described.
26 Upon filing such petition in the office of the circuit
27 clerk of the county in which such petition is filed as
28 aforesaid it shall be the duty of the court to consider the
29 boundaries of any such proposed conservancy district, whether
30 the same shall be those stated in the petition or otherwise.
31 The decision of the court is appealable as in other civil
32 cases.
33 The court shall by order fix a time and place for a
34 hearing on the petition not less than 60 days after the date
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1 of such order. Notice shall be given by the court to whom the
2 petition is addressed of the time and place where such
3 commissioners shall meet for such hearing by a publication
4 inserted once in one or more daily or weekly papers published
5 within the proposed conservancy district, or if no daily or
6 weekly newspaper is published within such proposed
7 conservancy district, then by posting such notice, at least
8 10 copies, in such proposed district at least 20 days before
9 such meeting, in conspicuous public places as far separated
10 from each other as consistently possible.
11 At such hearing all persons in such proposed conservancy
12 district shall have an opportunity to be heard, touching upon
13 the location and boundaries of such proposed district and to
14 make suggestions regarding the same, and the court, after
15 hearing statements, evidence and suggestions, shall fix and
16 determine the limits and boundaries of such proposed
17 district, and for that purpose and to that extent, may alter
18 and amend such petition. After such determination by the
19 court, the same shall be incorporated in an order which shall
20 be entered of record in the circuit court or courts of the
21 counties situate in the proposed district and the court shall
22 also by the order provide for the holding of a referendum as
23 herein provided.
24 Upon the entering of such order the court shall certify
25 the question of organization and establishment of the
26 proposed conservancy district as determined by the court to
27 the proper election officials who shall submit the question
28 at an election in accordance with the general election law.
29 In addition to the requirements of the general election law,
30 notice of the referendum shall specify the purpose of the
31 referendum and contain a description of such proposed
32 district. The clerk of the court shall send notice of the
33 referendum to the county board of each county in which the
34 proposed district is situated.
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1 Each legal voter resident within such proposed
2 conservancy district shall have the right to cast a ballot at
3 such election. The question shall be in substantially the
4 following form:
5 -------------------------------------------------------------
6 Shall a Conservancy District
7 be organized, with authority to levy
8 an annual tax at a maximum rate of YES
9 ... % (maximum rate authorized under
10 Section 17 of the River Conservancy ----------------------
11 Districts Act) of the value of all
12 taxable property within the limits of NO
13 the District as equalized or assessed
14 by the Department of Revenue?
15 -------------------------------------------------------------
16 The ballots cast on the question in each county shall be
17 returned and canvassed by the county clerk of the county in
18 which the same are cast and such county clerks respectively
19 shall file with the county clerk of the county, in which the
20 petition is filed, a true copy of the return and canvass of
21 the votes cast in each of said counties and thereupon the
22 county clerk of the county in which such petition is filed
23 shall canvass the entire vote cast in the election from the
24 returns furnished by such respective county clerks and shall
25 ascertain the result of such referendum and certify the same
26 to the court. The court shall cause a statement of the
27 results of such referendum to be entered of record in the
28 court. If a majority of the electors voting votes cast at
29 such election upon the question shall be in favor of the
30 organization of the proposed conservancy district such
31 proposed district shall thenceforth be deemed an organized
32 conservancy district under this Act and a municipal
33 corporation with the powers and duties herein conferred and
34 bearing the name set forth in the petition.
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1 (Source: P.A. 86-1307.)
2 Section 30. The North Shore Sanitary District Act is
3 amended by changing Sections 26 and 27 as follows:
4 (70 ILCS 2305/26) (from Ch. 42, par. 296.6)
5 Sec. 26. Additional contiguous territory may be added to
6 any sanitary district organized under this Act in the manner
7 following:
8 Ten per cent or more of the legal voters resident within
9 the limits of such proposed addition to such sanitary
10 district may petition the circuit court for the county in
11 which such sanitary district is located to cause the question
12 to be submitted to the legal voters of such proposed
13 additional territory whether such proposed additional
14 territory shall become a part of any contiguous sanitary
15 district organized under this Act and whether such additional
16 territory and the taxpayers thereof shall assume a
17 proportionate share of the bonded indebtedness, if any, of
18 such sanitary district. Such petition shall be addressed to
19 the court and shall contain a definite description of the
20 boundaries of the territory sought to be added. Provided that
21 no territory disqualified in Section 1 of this Act shall be
22 included.
23 Upon filing such petition in the office of the circuit
24 clerk of the county in which such sanitary district is
25 located it shall be the duty of the court to consider the
26 boundaries of such proposed additional territory, whether the
27 same shall be those stated in the petition or otherwise. The
28 decision of the court shall be a final order and appealable
29 as in other civil cases.
30 Notice shall be given by the court of the time and place
31 when and where all persons interested will be heard
32 substantially as provided in and by Section 1 of this Act.
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1 The court shall certify its order and the proposition to the
2 proper election officials who shall submit the proposition at
3 an election in accordance with the general election law. The
4 proposition shall be in substantially the following form:
5 -------------------------------------------------------------
6 For joining sanitary district and
7 assuming a proportionate share
8 of bonded indebtedness, if any.
9 -------------------------------------------------------------
10 Against joining sanitary district
11 and assuming a proportionate
12 share of bonded indebtedness,
13 if any.
14 -------------------------------------------------------------
15 If a majority of the electors voting on the question votes
16 cast at such election shall be in favor of becoming a part of
17 such sanitary district and if the trustees of such sanitary
18 district accept the proposed additional territory by
19 ordinance annexing the same, the court shall enter an
20 appropriate order of record in the court, and such additional
21 territory shall thenceforth be deemed an integral part of
22 such sanitary district. Any such additional contiguous
23 territory may be annexed to such sanitary district upon
24 petition addressed to such court, signed by a majority of the
25 owners of lands constituting such territory who, in the case
26 of natural persons, shall have arrived at lawful age and who
27 represent a majority in area of such territory, which said
28 petition shall contain a definite description of the
29 boundaries of such territory and shall set forth the
30 willingness of the petitioners that such territory and the
31 taxpayers thereof assume a proportionate share of the bonded
32 indebtedness, if any, of such sanitary district. Upon the
33 filing of such petition and notice of and hearing and
34 decision upon the same by the aforesaid commissioners, all as
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1 hereinbefore provided, such commissioners or a majority of
2 them, shall enter an order containing their findings and
3 decision as to the boundaries of the territory to be annexed;
4 and thereupon, if the trustees of such sanitary district
5 shall pass an ordinance annexing the territory described in
6 such order to said sanitary district, the court shall enter
7 an appropriate order as hereinabove provided, and such
8 additional territory shall thenceforth be deemed an integral
9 part of such sanitary district.
10 (Source: P.A. 83-343.)
11 (70 ILCS 2305/27) (from Ch. 42, par. 296.7)
12 Sec. 27. Any contiguous territory located within the
13 boundaries of any sanitary district organized under this Act,
14 and upon the border of such district, may become disconnected
15 from such district in the manner following, to wit: 10% or
16 more of the legal voters resident in the territory sought to
17 be disconnected from such district, may petition the circuit
18 court for the county in which such sanitary district is
19 located to cause the question of whether such territory shall
20 be disconnected to be submitted to the legal voters of such
21 territory. Such petition shall be addressed to the court and
22 shall contain a definite description of the boundaries of
23 such territory and recite as a fact, that there is no
24 outstanding bonded indebtedness of such sanitary district
25 which was incurred or assumed while such territory was a part
26 of such sanitary district and that no special assessments for
27 local improvements were levied upon or assessed against any
28 of the lands within such territory or, if so levied or
29 assessed, that all of such assessments have been fully paid
30 and discharged and that such territory is not, at the time of
31 the filing of such petition, and will not be, either
32 benefited or served by any work or improvements either then
33 existing or then authorized by said sanitary district. Upon
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1 filing such petition in the office of the circuit clerk of
2 the county in which such sanitary district is located it
3 shall be the duty of the court to consider the boundaries of
4 such territory and the facts upon which the petition is
5 founded. The court may alter the boundaries of such territory
6 and shall deny the prayer of the petition, if the material
7 allegations therein contained are not founded in fact; a
8 decision of said commissioners or a majority of them shall be
9 conclusive and not subject to review.
10 Notice shall be given by the court of the time and place
11 when and where all persons interested will be heard
12 substantially as provided in and by Section 1 of this Act.
13 The court shall certify its order and the question to the
14 proper election officials who shall submit the question at an
15 election in accordance with the general election law. The
16 proposition shall be in substantially the following form:
17 -------------------------------------------------------------
18 For disconnection from
19 sanitary district.
20 -------------------------------------------------------------
21 Against disconnection from
22 sanitary district.
23 -------------------------------------------------------------
24 If a majority of the electors voting on the proposition votes
25 cast at such election shall be in favor of disconnection, and
26 if the trustees of such sanitary district shall, by
27 ordinance, disconnect such territory, thereupon the court
28 shall enter an appropriate order of record in the court and
29 thereafter such territory shall thenceforth be deemed
30 disconnected from such sanitary district.
31 (Source: P.A. 83-343.)
32 Section 35. The Street Light District Act is amended by
33 changing Section 1 as follows:
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1 (70 ILCS 3305/2a) (from Ch. 121, par. 356a)
2 Sec. 2a. Additional territory having the qualifications
3 set forth in Section 1 may be added to any street lighting
4 district as provided for in this Act in the manner following:
5 Fifty or more of the legal voters resident within the
6 limits of such proposed addition to such street lighting
7 district may petition the circuit court of the county in
8 which the original petition for the formation of said street
9 lighting district was filed, to cause the question to be
10 submitted to the legal voters of such proposed additional
11 territory whether such proposed additional territory shall
12 become a part of any street lighting district organized under
13 this Act and whether the voters of the additional territory
14 shall assume a proportionate share of the bonded indebtedness
15 of such district. The petition shall be addressed to the
16 court and shall contain a definite description of the
17 boundaries of the territory to be embraced in the proposed
18 addition and shall allege facts in support of the addition.
19 Upon filing the petition in the office of the circuit
20 clerk of the county in which the original petition for the
21 formation of such street lighting district was filed, it
22 shall be the duty of the court to fix a time and place of a
23 hearing upon the subject of said petition.
24 Notice shall be given by the circuit court, or by the
25 circuit clerk or sheriff upon order of the circuit court of
26 the county in which such petition is filed, of the time and
27 place of a hearing upon the petition in the manner as
28 provided in Section 1. The conduct of the hearing and the
29 manner of conducting a subsequent referendum on the question
30 whether the proposed additional territory shall become a part
31 of the street lighting district, shall be carried out in the
32 manner described in Section 1, as nearly as may be, and in
33 accordance with the general election law but the question
34 shall be in substantially the following form, to-wit:
-25- LRB9105757MWgc
1 -------------------------------------------------------------
2 For joining the.... Street
3 Lighting District and assuming a
4 proportionate share of bonded
5 indebtedness, if any.
6 -------------------------------------------------------------
7 Against joining the.... Street
8 Lighting District and assuming a
9 proportionate share of bonded
10 indebtedness, if any.
11 -------------------------------------------------------------
12 If a majority of the electors voting votes cast at the
13 election upon the question of becoming a part of any street
14 lighting district shall be in favor of becoming a part of
15 such street lighting district and if the trustees of said
16 street lighting district accept the proposed additional
17 territory by resolution, such proposed additional territory
18 shall thenceforth be deemed an integral part of such street
19 lighting district and shall be subject to all the benefits of
20 service and responsibilities of said district as herein set
21 forth.
22 The owner or owners of any tract or tracts of land not
23 included in a street lighting district, may file a written
24 petition, addressed to the trustees of the street lighting
25 district to which they seek to have their tract or tracts of
26 land attached, containing a definite description of the
27 boundaries of the territory and a statement that they desire
28 that their property become a part of the street lighting
29 district to which their petition is addressed, and that they
30 are willing that their property assume a proportionate share
31 of the bonded indebtedness, if any, of such street lighting
32 district.
33 When such a petition is filed with the trustees, they
34 shall immediately pass a resolution to accept or reject the
-26- LRB9105757MWgc
1 territory proposed to be attached. If the trustees resolve in
2 favor of accepting such territory, they shall file with the
3 court of the county where the street lighting district was
4 organized the original petition and a certified copy of the
5 resolution and the circuit clerk shall then enter an order
6 stating that such proposed annexed territory shall
7 thenceforth be deemed an integral part of such street
8 lighting district and subject to all of the benefits of
9 service and responsibilities of the district. The circuit
10 clerk shall transmit a certified copy of the order to the
11 county clerk of each county in which any of the territory
12 affected is situated.
13 (Source: P.A. 81-1489.)
14 Section 40. The School Code is amended by changing
15 Section 32-1 as follows:
16 (105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
17 Sec. 32-1. May vote to organize under general law.
18 (a) Any special charter district may, by vote of its
19 electors, cease to control its school under the Act under
20 which it was organized, and become part of the school
21 township or townships in which it is situated. Upon petition
22 of 50 voters of the district, presented to the board having
23 the control and management of the schools, the board shall
24 order submitted to the voters at an election to be held in
25 the district, in accordance with the general election law,
26 the question of "organizing under the general school law".
27 The secretary of the board shall make certification to the
28 proper election authority in accordance with the general
29 election law. If, however, a majority of the electors votes
30 cast at any such election in any school district subject to
31 Sections 32-3 through 32-4.11 voting on the question are is
32 against organizing the district under the general school law,
-27- LRB9105757MWgc
1 the question may not again be submitted in the district for
2 22 months thereafter, and then only upon petition signed by
3 at least 2% of the voters of the school district. Notice
4 shall be given in accordance with the general election law,
5 which notice shall be in the following form:
6 NOTICE OF REFERENDUM
7 Notice is hereby given that on (insert date), the ....
8 day of ...., 19.., a referendum will be held at.... for the
9 purpose of deciding the question of organizing under the
10 general school law. The polls will be opened at .... o'clock
11 ..m and closed at .... o'clock ..m.
12 Signed .....
13 If a majority of the electors voting votes cast on the
14 proposition is in favor of organizing under the general
15 school law, then the board having the control and management
16 of schools in the district, shall declare the proposition
17 carried.
18 When such a proposition is declared to have so carried,
19 the board of education shall continue to exercise its powers
20 and duties under the general school law. Each member of the
21 board of education selected under the provisions of the
22 special charter shall continue in office until his term has
23 expired. Before the term of each of these members expires,
24 the board shall give notice of an election to be held on the
25 date of the next regular school election, in accordance with
26 the general election law to fill the vacancy which is
27 created. Nomination papers filed under this Section are not
28 valid unless the candidate named therein files with the
29 secretary of the board of education a receipt from the county
30 clerk showing that the candidate has filed a statement of
31 economic interests as required by the Illinois Governmental
32 Ethics Act. Such receipt shall be so filed either previously
33 during the calendar year in which his nomination papers were
34 filed or within the period for the filing of nomination
-28- LRB9105757MWgc
1 papers in accordance with the general election law.
2 (b) Notwithstanding the foregoing, any special charter
3 district whose board is appointed by the mayor or other
4 corporate authority of that municipality may, by resolution
5 adopted by the corporate authorities of that municipality
6 cease to control its school under the Act under which it was
7 organized, become a part of the school township or townships
8 in which it is situated and become organized under the
9 general school law. If such a resolution is adopted, the
10 board of education shall continue to exercise its powers and
11 duties under the general school law. Each member of the
12 board of education selected under the provisions of the
13 special charter shall continue in office until his term has
14 expired. Before the term of each of these members expires,
15 the board shall give notice of an election to be held on the
16 date of the next regular school election, in accordance with
17 the general election law to fill the vacancy which is
18 created.
19 (Source: P.A. 81-1490; revised 10-20-98.)
20 Section 45. The Public Community College Act is amended
21 by changing Section 3-5 as follows:
22 (110 ILCS 805/3-5) (from Ch. 122, par. 103-5)
23 Sec. 3-5. The proposition shall be in substantially the
24 following form:
25 FOR the establishment of a community college district
26 with authority to levy taxes at the rate of.... per cent for
27 educational purposes, and.... per cent for operations and
28 maintenance of facilities purposes.
29 AGAINST the establishment of a community college district
30 with authority to levy taxes at the rate of.... per cent for
31 educational purposes, and.... per cent for operations and
32 maintenance of facilities purposes.
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1 In order for the proposition to be approved, a majority
2 of the electors voting on the proposition votes cast in the
3 territory at the election must be in favor of the proposition
4 of establishing a community college district; provided,
5 however, that if the territory described in the petition
6 includes one or more community college districts, the
7 proposition has not received a majority of the votes cast on
8 the proposition unless it also receives a majority of the
9 votes cast on the proposition within the territory included
10 within each such district, the count to be taken separately
11 within such districts.
12 (Source: P.A. 85-1335.)