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91_HB1362
LRB9103226MWtm
1 AN ACT to amend the Fire Protection District Act by
2 changing Section 20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Fire Protection District Act is amended
6 by changing Section 20 as follows:
7 (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
8 Sec. 20. Disconnection by operation of law.
9 (a) Any territory within a fire protection district that
10 is or has been annexed to a city, village or incorporated
11 town that provides fire protection for property within such
12 city, village or incorporated town is, by operation of law,
13 disconnected from the fire protection district as of the
14 January first after such territory is annexed to the city,
15 village or incorporated town, or in case any such territory
16 has been so annexed prior to the effective date of this
17 amendatory Act of 1965, as of January 1, 1966.
18 (b) The Such disconnection by operation of law does not
19 occur if, within 60 days after such annexation or after the
20 effective date of this amendatory Act of 1965, whichever is
21 later, the fire protection district files with the
22 appropriate court and with the County Clerk of each county in
23 which the fire protection district is located, a petition
24 alleging that such disconnection will cause the territory
25 remaining in the district to be noncontiguous or that the
26 loss of assessed valuation by reason of such disconnection
27 will impair the ability of the district to render fully
28 adequate fire protection service to the territory remaining
29 with the district. When such a petition is filed, with the
30 court and with the County Clerk of each county in which the
31 fire protection district is located, the court shall set it
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1 for hearing, and further proceedings shall be held, as
2 provided in Section 15 of this Act, except that the city,
3 village or incorporated town that annexed the territory shall
4 be a necessary party to the proceedings, and it shall be
5 served with summons in the manner for a party defendant under
6 the Civil Practice Law. At such hearing, the district has the
7 burden of proving the truth of the allegations in its
8 petition.
9 (c) If disconnection does not occur, then the city,
10 village or incorporated town in which part of a fire
11 protection district's territory is located, is prohibited
12 from levying the tax provided for by Section 11-7-1 of the
13 "Illinois Municipal Code" in such fire protection district
14 territory for services provided to the residents of such
15 territory by the fire protection district.
16 (d) If there are any general obligation bonds of the
17 fire protection district outstanding and unpaid at the time
18 such territory is disconnected from the fire protection
19 district by operation of this Section, such territory shall
20 remain liable for its proportionate share of such bonded
21 indebtedness and the fire protection district may continue to
22 levy and extend taxes upon the taxable property in such
23 territory for the purpose of amortizing such bonds until such
24 time as sufficient funds to retire such bonds have been
25 collected.
26 (e) When territory is disconnected from a fire
27 protection district under this Section, the annexing
28 municipality shall pay, on or before December 31 of each year
29 for a period of 10 years after the effective date of the
30 disconnection, to the fire protection district from which the
31 territory was disconnected, an amount equal to the real
32 estate tax collected on the property in the disconnected
33 territory by the fire protection district in the tax year
34 immediately preceding the year in which the disconnection
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1 took effect.
2 (Source: P.A. 84-1421.)