| ||||
| Public Act 099-0715 | ||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Fire Protection District Act is amended by | ||||
changing Section 16 as follows:
| ||||
(70 ILCS 705/16) (from Ch. 127 1/2, par. 37)
| ||||
Sec. 16. In order to facilitate circumstances in which fire | ||||
protection may be materially improved by adjustment of | ||||
jurisdictional boundaries of adjoining fire protection | ||||
districts without impairing the overall provision of fire | ||||
protection services in the adjoining districts,
territory | ||||
Territory included within the limits of any fire protection | ||||
district
may be disconnected from the district and added to | ||||
another district to which
the territory is contiguous, in the | ||||
manner hereinafter set forth; (1) if
the territory would | ||||
receive equal or greater benefits from the district
to which it | ||||
seeks to be transferred; (2) if the transfer will not cause
the | ||||
territory remaining in the district from which the transfer is | ||||
to be
made, to be noncontiguous; (3) if the transfer will not | ||||
cause a serious
injury to the district from which the transfer | ||||
is to be made; and, (4)
if the trustees of the district to | ||||
which the transfer is sought to be made
do not file a written | ||||
refusal to accept the territory within the time hereinafter
| ||||
provided.
| ||
Territory disconnected pursuant to this Section shall | ||
remain liable for
its proportionate share of the bonded | ||
indebtedness outstanding as of the
date of disconnection, if | ||
any, of the district from which it was disconnected
and shall | ||
assume a proportionate share of the bonded indebtedness, if | ||
any,
of the district to which it is transferred.
| ||
One per cent or more of the legal voters residing within | ||
the limits of
the territory proposed to be transferred may file | ||
a petition, in the court
of the county where the district to | ||
which it seeks to be transferred is
organized, setting forth: | ||
the description of the territory sought to be
transferred; that | ||
the territory would receive equal or greater benefits
by the | ||
transfer; that the transfer will not cause a serious injury to | ||
the
district or districts from which the transfer is proposed | ||
to be made; and
the amount of any outstanding bonded | ||
indebtedness against the district or
districts in which the | ||
territory is then situated which has been incurred
pursuant to | ||
this Act; and praying that the question whether the transfer
| ||
shall be made, and whether the voters of such territory shall | ||
remain liable
for a proportionate share of the bonded | ||
indebtedness outstanding as of the
date of disconnection, if | ||
any, of the district from which it was disconnected
and also | ||
assume a proportionate share of the bonded indebtedness, if | ||
any,
of the district to which the transfer is to be made, be | ||
submitted to the
voters of the entire district from which the | ||
transfer is sought to be made territory sought to be | ||
transferred.
| ||
Upon the filing of the petition, the court shall set a day | ||
for hearing,
not less than 2 weeks nor more than 4 weeks from | ||
the filing thereof, and
the court, or the circuit clerk or | ||
sheriff upon order of the court, (i) shall
give 2 weeks notice | ||
of such hearing in one or more daily or weekly newspapers
of | ||
general circulation in the county or in each county wherein the | ||
district
or districts from which the territory sought to be | ||
transferred is organized
and by posting at least 10 copies of | ||
the notice in conspicuous places in
the district or in each of | ||
the districts from which the territory is sought
to be | ||
transferred, (ii) shall cause a copy of the notice to be | ||
personally served upon each trustee of the district from which | ||
the transfer is sought to be made, and (iii) in addition shall | ||
cause a copy of the notice to be
personally served upon each of | ||
the trustees of the district to which the
transfer is sought to | ||
be made at least one week before the date set for
the hearing, | ||
and in the notice, or in any accompanying notice to be served
| ||
upon the Trustees at the same time, a recital shall be made | ||
stating that
the Trustees may at any time prior to the date of | ||
the hearing, or within
such additional time as may be granted | ||
by the court upon request in writing
filed on or before such | ||
date, file a written refusal to accept the territory
as a part | ||
of their district, provided, that such notification need not be
| ||
given to the trustees if they file in the proceeding their | ||
written appearances
or written consent to a transfer of the | ||
territory to their district. Both the fire protection district | ||
from which the territory seeks to be transferred and the fire | ||
protection district to which the territory seeks to be | ||
transferred are necessary parties in any action to disconnect | ||
under this Section.
| ||
At any time prior to the date set for the hearing, or | ||
within such additional
time as may be granted by the court, the | ||
trustees of the district to which
the transfer is sought to be | ||
made may file a written refusal to accept the
territory as a | ||
part of their district and in case of such refusal the court
| ||
shall enter an order dismissing the petition for the transfer. | ||
The trustees
may withdraw their refusal at any time prior to | ||
the entry of an order dismissing
the petition. In case the | ||
trustees fail to file a written refusal within
the time | ||
hereinbefore authorized, they shall be deemed to have consented
| ||
to a transfer of the territory to their district, and consent | ||
once given
may not be withdrawn without leave of court for good | ||
cause shown. In case
of such consent, the court shall proceed | ||
with the matter as herein provided
but if the court finds that | ||
any of the conditions herein required for the
making of a | ||
transfer do not exist it shall enter an order dismissing the
| ||
petition. In taking any action upon the petition the findings | ||
of the court
shall be filed of record in the case.
| ||
All property owners in the district from which the transfer | ||
is sought and
all persons interested therein, may file | ||
objections, and at the hearing
may appear and contest the | ||
transfer and the matters averred in the petition,
and both | ||
objectors and petitioners may offer any competent evidence in | ||
regard
thereto. In addition, all persons residing in or | ||
interested in any of the
property situated in the territory | ||
sought to be transferred shall have an
opportunity to be heard | ||
touching the location and boundary of the territory
to be voted | ||
upon for such transfer, and may make suggestions regarding the | ||
same. For purposes of this Section, serious injury shall be | ||
found to exist in the district from which the transfer is | ||
sought when a material impairment of the ability to provide | ||
continuing fire protection and related emergency services to | ||
the territory remaining in the district after the transfer may | ||
occur. The court may consider the following, but not limited | ||
to, in its determination as to whether a serious injury may | ||
occur: the financial resources, facilities, and equipment | ||
which will remain in the district; and the financial | ||
obligations, including remaining non-bonded debt of the | ||
district, from which the transfer is sought. A loss of annual | ||
real estate tax revenues by the district from which the | ||
transfer is sought of 25 percent or more by reason of the | ||
disconnection and transfer shall constitute serious injury and | ||
require dismissal of the petition. However, the court is not | ||
precluded from finding serious injury to exist with a lesser | ||
tax revenue loss if it is shown by the preponderance of other | ||
evidence presented to the court that serious injury would | ||
result if the transfer were to occur.
| ||
If the court shall, upon hearing the petition, find that | ||
the territory
described in the petition would receive equal or | ||
greater benefits by being
so transferred and meet the | ||
conditions hereinbefore set forth, it shall
certify to the | ||
proper election officials the question of whether the territory
| ||
shall be transferred,
and its order, and such officials shall | ||
submit that question at an election in the entire district from | ||
which the transfer is sought to be made
in such territory in | ||
accordance with the general election law. The proposition
shall | ||
be in substantially the following form:
| ||
-------------------------------------------------------------
| ||
For making the transfer from the
| ||
..... Fire Protection District to the
| ||
..... Fire Protection District, remaining
| ||
liable for a proportionate share of the
| ||
bonded indebtedness outstanding as of the
| ||
date of disconnection, if any, of the district
| ||
from which disconnection is proposed and also
| ||
assuming a proportionate share of the bonded
| ||
indebtedness, if any, of the district
| ||
to which transfer is proposed.
| ||
-------------------------------------------------------------
| ||
Against making the transfer from the
| ||
..... Fire Protection District to the
| ||
..... Fire Protection District, remaining
| ||
liable for a proportionate share of the
| ||
bonded indebtedness outstanding as of the
| ||
date of disconnection, if any, of the district
| ||
from which disconnection is proposed and also
| ||
assuming a proportionate share of the bonded
| ||
indebtedness, if any, of the district
| ||
to which transfer is proposed.
| ||
-------------------------------------------------------------
| ||
If a majority of the votes cast upon the question of making | ||
the transfer
shall be in favor of the transfer, the territory | ||
shall thenceforth cease
to be a part of the fire protection | ||
district or districts to which it has
been attached and shall | ||
become an integral part of the fire protection district
to | ||
which the transfer shall have been sought and shall be subject | ||
to all
the enjoyments and responsibilities of the latter | ||
district. In each case
in which a transfer is effected pursuant | ||
to the provisions
hereof, the circuit clerk in whose court the | ||
transfer proceedings have been conducted,
shall certify copies | ||
of all orders entered in effecting such transfer and
file or | ||
send them to the proper county clerk or clerks for filing and | ||
to
the Office of the State Fire Marshal.
| ||
(Source: P.A. 94-806, eff. 1-1-07.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||