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| Public Act 099-0837 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Protection District Act is amended by | ||||
changing Section 11b as follows:
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(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
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Sec. 11b.
(a) In case any fire protection district | ||||
organized hereunder is
coterminous with or includes within its | ||||
corporate limits in whole or in
part any city, village or | ||||
incorporated town authorized to provide
protection from fire | ||||
and to regulate the prevention and control of fire
within such | ||||
city, village or incorporated town and to levy taxes for any
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such purposes, then such city, village or incorporated town | ||||
shall not
exercise any such powers as necessarily conflict with | ||||
the powers to be
exercised by such district in respect to such | ||||
fire protection and
regulation within the fire protection | ||||
district from and after the date
that it receives written | ||||
notice from the State Fire Marshal
to cease or refrain from the | ||||
operation of any fire
protection facilities and the exercise of | ||||
such powers, which notice
shall be given only after the State | ||||
Fire Marshal
has ascertained that the Fire Protection District | ||||
has placed
its fire protection facilities in operation. Such | ||||
city, village or
incorporated town shall not thereafter own, | ||||
operate, maintain, manage,
control or have an interest in any | ||
fire protection facilities located
within the corporate limits | ||
of the fire protection district, except
water mains and | ||
hydrants and except as otherwise provided in this Act. Where | ||
any city, village, or
incorporated town with 500 or more | ||
residents is in fact owning, operating, and maintaining a fire | ||
department or fire departments located in whole or in part | ||
within or adjacent to
the corporate limits of a fire protection | ||
district organized under this Act, such city, village,
or | ||
incorporated town shall not cease operating and maintaining the | ||
fire department or departments unless such proposed cessation | ||
of services is first submitted by
referendum to voters, as | ||
provided by Section 15b of this Act. In addition, where any | ||
city,
village, or incorporated town is in fact owning, | ||
operating, and maintaining a fire department or fire | ||
departments located within the corporate limits of a fire | ||
protection district organized under
this Act, such city, | ||
village, or incorporated town
shall
be paid and reimbursed for | ||
its actual expenditures and for all existing
obligations | ||
incurred, including all pension and annuity plans applicable
to | ||
the maintenance of fire protection facilities theretofore made | ||
in
establishing such facilities and in acquiring, | ||
constructing, improving
or developing any such existing | ||
facilities in the manner provided for by
this Act. The terms of | ||
payment shall provide for reimbursement in full
within not less | ||
than 20 years from the date of such agreement.
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(b) Notwithstanding subsection (a) of this Section, no fire | ||
protection district adjacent to any city, village, or | ||
incorporated town will be required to assume responsibility for | ||
fire protection or other emergency services to such city, | ||
village, or incorporated town which discontinues its municipal | ||
fire department under Section 15b of this Act unless the Board | ||
of Trustees of the adjacent fire protection district has by | ||
resolution, ordinance, or intergovernmental agreement, agreed | ||
to provide such services. | ||
(Source: P.A. 98-666, eff. 1-1-15; 99-78, eff. 7-20-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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