Any contiguous territory having a population of not less than 300 inhabitants and no part of which is already included in an emergency services district, and no part of which is located in a fire protection district that provides rescue services, may be organized as an emergency services district as provided in this Act. However, an emergency services district may be organized in whole or in part within a fire protection district that provides rescue services if the emergency services district is formed and operated solely to provide ambulance services.
     Any 5% of the legal voters within the limits of the proposed emergency services district may petition the circuit court for the county in which the territory lies to order the question whether the territory shall be organized as an emergency services district under this Act to be submitted to the legal voters of the territory, but every petition shall be signed by at least 25 legal voters residing within the territory proposed to be organized as an emergency services district, and in case the territory includes more than one city, village or incorporated town, or any portions thereof, or includes one or more cities, villages or incorporated towns, or any portion thereof, and territory not a part of any city, village or incorporated town, then the petition must be signed by at least 5% of the legal voters residing in each of those cities, villages, or incorporated towns, or portions thereof, and by at least 5% of the legal voters residing in the territory not a part of any city, village or incorporated town. The petition shall contain a definite description of the boundaries of the territory proposed to be organized as an emergency services district, and shall set forth the name of the proposed district, which name shall be The …. Emergency Services District.