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91_HB2044eng HB2044 Engrossed LRB9103225MWpc 1 AN ACT to amend the Fire Protection District Act by 2 changing 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 districtat any time before such17district has incurred any bonded indebtednessin 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;and26 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 HB2044 Engrossed -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.)