[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
91_HB2044
LRB9103225MWpc
1 AN ACT to amend the Fire Protection Act by changing
2 Section 15.
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 15 as follows:
7 (70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
8 Sec. 15. Whenever any property within a fire protection
9 district, organized under this Act, does not have the
10 territorial qualifications described in Section 1 of this
11 Act, or is not reasonably protected by the district from the
12 hazards of fire or would receive greater benefit of service
13 from another such district or other municipal corporation,
14 any legal voter within such district or the owner or owners
15 of such property may detach and disconnect such property from
16 such fire protection district at any time before such
17 district has incurred any bonded indebtedness in the
18 following manner:
19 The owner or owners of such property within such fire
20 protection district or any legal voter within such district
21 may file his petition in the court in which such district was
22 organized setting forth therein the description of the
23 property sought to be detached and disconnected, a statement
24 that the detachment and disconnection will not cause the
25 territory remaining in the district to be noncontiguous; and
26 that the loss of assessed valuation by reason of the
27 disconnection of such territory will not impair the ability
28 of the district to render fully adequate fire protection
29 service to the territory remaining with the district; that
30 the territory will remain liable for its proportionate share
31 of any outstanding bonded indebtedness of the district; and
-2- LRB9103225MWpc
1 alleging facts in support of such detachment and
2 disconnection, and praying that such property be detached and
3 disconnected from such fire protection district. The
4 petition shall be signed and sworn to by the petitioner or
5 petitioners. Upon the filing of such petition, the court
6 shall set the same for hearing on a day not less than 2 weeks
7 nor more than 4 weeks from the filing thereof and shall give
8 2 weeks notice of such hearing in the manner provided in
9 Section 1 of this Act. The fire protection district shall be
10 a necessary party to the proceedings and it shall be served
11 with summons in the manner prescribed for a party defendant
12 under the Civil Practice Law. All property owners in such
13 district, the district from which such transfer of territory
14 is to be made, and all persons interested therein may file
15 objections, and at the hearing may appear and contest the
16 detachment and disconnection of the property from such fire
17 protection district, and both objectors and petitioners may
18 offer any competent evidence in regard thereto. If the
19 court, upon hearing such petition, finds that the petition
20 complies with this Act and that the allegations of the
21 petition are true the court shall enter an order detaching
22 and disconnecting such property from such district, and
23 thereupon such property shall cease to be a part of such fire
24 protection district, except that the property remains liable
25 for its proportionate share of any outstanding bonded
26 indebtedness of the district. The circuit clerk shall
27 transmit a certified copy of the order to the county clerk of
28 each county in which any of territory affected is situated
29 and to the Office of the State Fire Marshal.
30 (Source: P.A. 85-556.)