Illinois General Assembly - Full Text of HB5856
Illinois General Assembly

Previous General Assemblies

Full Text of HB5856  98th General Assembly




HB5856 EnrolledLRB098 19102 JLK 54252 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
8qualifications set forth in Section 1 may be added to any fire
9protection district as provided for in this Act in the manner
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
17the proposed additional territory shall become a part of any
18contiguous fire protection district organized under this Act
19and whether the voters of the additional territory shall assume
20a proportionate share of the bonded indebtedness of the
21district. The petition shall be addressed to the court and
22shall contain a definite description of the boundaries of the
23territory to be embraced in the proposed addition and shall



HB5856 Enrolled- 2 -LRB098 19102 JLK 54252 b

1allege facts in support of such addition.
2    Upon filing the petition in the office of the circuit clerk
3of the county in which the original petition for the formation
4of the fire protection district was filed, it shall be the duty
5of the court to fix a time and place of a hearing upon the
6subject of the petition.
7    Notice shall be given by the court, or by the circuit clerk
8or sheriff upon order of the court of the county in which the
9petition is filed, of the time and place of a hearing upon the
10petition in the manner as provided in Section 1. The conduct of
11the hearing on the question whether the proposed additional
12territory shall become a part of the fire protection district
13shall be carried out in the manner described in Section 1, as
14nearly as may be. The question shall be in substantially the
15following form:
17    For joining the.... Fire
18Protection District and assuming a
19proportionate share of bonded
20indebtedness, if any.
22    Against joining the.... Fire
23Protection District and assuming a
24proportionate share of bonded
25indebtedness, if any.



HB5856 Enrolled- 3 -LRB098 19102 JLK 54252 b

1    If a majority of the votes cast at the election upon the
2question of becoming a part of any contiguous fire protection
3district are in favor of becoming a part of that fire
4protection district and if the trustees of the fire protection
5district accept the proposed additional territory by
6resolution, the proposed additional territory shall be deemed
7an integral part of that fire protection district and shall be
8subject to all the benefits of service and responsibilities of
9the district as set forth in this Act.
10    (a-5) Any fire protection district organized under the
11provisions of this Act may be simultaneously dissolved and
12consolidated into an adjoining fire protection district upon
13like petition, hearing and election as is provided under
14Section 1 of this Act for the organization of such district,
15except that the ballot for such election shall be in
16substantially the following form:
18    Shall the ... Fire Protection District
19dissolve and be consolidated        YES 
20into the ... Fire                ------------------------------------------------------------- 
21Protection District?                NO 
23    If a majority of the votes cast on the question at such
24election are in favor of such dissolution and consolidation,
25and if the board of trustees of the adjoining district agrees
26by resolution to accept the territory comprising the dissolved



HB5856 Enrolled- 4 -LRB098 19102 JLK 54252 b

1district, the circuit court of the county in which the petition
2was filed shall enter an order on the records of the court
3dissolving and consolidating such district. On the effective
4date of the simultaneous dissolution and consolidation, all the
5rights, powers, duties, assets, property, liabilities,
6indebtedness, obligations, bonding authority, taxing
7authority, and responsibilities of the former district shall
8vest in and be assumed by the fire protection district assuming
9the territory of the former district.
10    (b) The owner or owners of any tract or tracts of land,
11contiguous to an existing fire protection district and not
12already included in a fire protection district, may file a
13written petition, addressed to the trustees of the fire
14protection district to which they seek to have their tract or
15tracts of land attached, containing a definite description of
16the boundaries of the territory and a statement that they
17desire that their property become a part of the fire protection
18district to which their petition is addressed, and that they
19are willing that their property assume a proportionate share of
20the bonded indebtedness, if any, of the fire protection
22    When such a petition is filed with the trustees, they shall
23immediately pass a resolution to accept or reject the territory
24proposed to be attached. If the trustees resolve in favor of
25accepting the territory, they shall file with the court of the
26county where the fire protection district was organized the



HB5856 Enrolled- 5 -LRB098 19102 JLK 54252 b

1original petition and a certified copy of the resolution, and
2the court shall then enter an order stating that the proposed
3annexed territory shall be deemed an integral part of that fire
4protection district and subject to all of the benefits of
5service and responsibilities of the district. The circuit clerk
6shall transmit a certified copy of the order to the county
7clerk of each county in which any of the territory affected is
8situated and to the State Fire Marshal.
9    (c) Upon the annexation of territory by a district, the
10boundary shall extend to the far side of any adjacent highway
11and shall include all of every highway within the area annexed.
12These highways shall be considered to be annexed even though
13not included in the legal description set forth in the petition
14for annexation.
15(Source: P.A. 85-556; 86-1191.)