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91_SB1881
LRB9111146MWgc
1 AN ACT to amend the Sanitary District Act of 1936 by
2 changing Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sanitary District Act of 1936 is amended
6 by changing Section 1 as follows:
7 (70 ILCS 2805/1) (from Ch. 42, par. 412)
8 Sec. 1. Incorporation; referendum.
9 (a) Any area of contiguous territory within the limits
10 of a single county and without the limits of any city,
11 village or incorporated town may be incorporated as a
12 sanitary district under this Act in the manner provided in
13 this Section. Any 2 areas that (i) are not contiguous to each
14 other, but each of which is contiguous by itself, and (ii)
15 are within the limits of a single county and without the
16 limits of any city, village, or incorporated town may also be
17 incorporated as a sanitary district under this Act in the
18 manner provided for in this Section.
19 (b) Any 20% of the legal voters residing within the
20 limits of the proposed sanitary district may petition the
21 Circuit Court in the county in which the proposed district is
22 situated, to cause to be submitted to the legal voters of the
23 proposed sanitary district the question of whether the
24 proposed territory shall be organized as a sanitary district
25 under this Act. The petition shall be addressed to the
26 Circuit Court and shall contain a definite description of the
27 boundaries of the territory to be embraced in the district
28 and the name of the proposed sanitary district.
29 (c) Upon filing of the petition in the office of the
30 circuit clerk in the county in which the proposed sanitary
31 district is situated, the Circuit Court shall name 3 judges
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1 of the court who shall constitute a board of commissioners,
2 which shall have power and authority to consider the
3 boundaries of the proposed sanitary district and whether the
4 boundaries shall be as described in the petition or
5 otherwise. The decision of 2 of the commissioners shall be
6 conclusive and shall not be subject to review in any manner,
7 directly or indirectly.
8 (d) Notice shall be given by the Circuit Court of the
9 time and place where the commissioners will meet, by a
10 publication of notice at least 20 days prior to the meeting
11 in one or more daily or weekly newspapers published in the
12 proposed district or, if no such newspaper is published in
13 the proposed district, then by the posting of at least 5
14 copies of the notice in the proposed district at least 20
15 days before the hearing.
16 (e) At the meeting all persons who reside in the
17 proposed district shall have an opportunity to be heard and
18 to make suggestions regarding the location and boundary of
19 the proposed district. The commissioners, after hearing
20 statements, evidence and suggestions, shall fix and determine
21 the boundaries of the proposed district, and for that purpose
22 and to that extent they may alter and amend the petition.
23 After the determination by the commissioners, or a majority
24 of them, their determination shall be incorporated in an
25 order, which shall be entered of record in the Circuit Court.
26 (f) Upon the entering of the order, the Circuit Court
27 shall certify the question of the organization and
28 establishment of the proposed sanitary district, with the
29 boundaries as determined by the commissioners, to the
30 appropriate election authorities who shall submit the
31 question at an election in accordance with the general
32 election law. In addition to the requirements of the general
33 election law, notice shall specify briefly the purpose of the
34 election, with a description of the proposed sanitary
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1 district.
2 (g) Each legal voter resident within the proposed
3 sanitary district shall have the right to cast a ballot at
4 the referendum. The question shall be in substantially the
5 following form:
6 -------------------------------------------------------------
7 For Sanitary District
8 -------------------------------------------------------------
9 Against Sanitary District
10 -------------------------------------------------------------
11 (h) The Circuit Court shall cause a statement of the
12 result of the referendum to be entered of record in the
13 Circuit Court. If a majority of the votes cast upon the
14 question of the organization and establishment of the
15 proposed sanitary district shall be in favor of the
16 organization and establishment of the proposed sanitary
17 district, the proposed sanitary district shall thenceforth be
18 deemed to have been incorporated and to be an organized
19 sanitary district under this Act.
20 (Source: P.A. 90-655, eff. 7-30-98.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.