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91_SB0168
LRB9102278MWpc
1 AN ACT to amend the Fire Protection District Act by
2 changing Section 21.
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 21 as follows:
7 (70 ILCS 705/21) (from Ch. 127 1/2, par. 38.4)
8 Sec. 21. The territory of a fire protection district
9 within the limits of any city, village or incorporated town
10 may be disconnected from the district in the manner
11 hereinafter provided; (1) if more than 50% of the total
12 territory of the fire protection district is within the
13 limits of the same city, village or incorporated town filing
14 the petition for disconnection; (2) if such municipality,
15 prior to the filing of a petition to disconnect, assumes by
16 ordinance all the bonded indebtedness and other debts of the
17 fire protection district; and, (3) if such municipality,
18 prior to the filing of such petition, assumes by ordinance
19 the obligation of providing fire protection service to the
20 remaining territory of the fire protection district
21 equivalent to the service being rendered by such district.
22 The municipality containing more than 50% of the fire
23 protection district's territory may file a petition for
24 disconnection in the circuit court of the county where the
25 district was organized, setting forth: the description of the
26 territory sought to be disconnected; that such territory
27 consists of more than 50% of the total territory of the fire
28 protection district; and that the necessary municipal
29 ordinances have been passed to assume the indebtedness of the
30 fire protection district and the obligation of furnishing
31 equivalent fire protection service for the remaining
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1 territory of such district.
2 Upon the filing of the petition, the court shall set a
3 day for hearing, not less than 4 2 weeks nor more than 8 4
4 weeks from the date of filing thereof, and the court, or the
5 clerk or sheriff upon order of the court, shall give a 10 day
6 notice of the such hearing in one or more daily or weekly
7 newspapers of general circulation in the county, or in each
8 county, wherein the district is organized and by posting at
9 least 10 copies of the notice in conspicuous places in the
10 district. The notice must describe the proposed disconnection
11 and must state that the disconnection will occur if the
12 conditions required by this Section are met unless a petition
13 signed by no fewer than 1% of the registered voters in the
14 district is filed requesting that the question of
15 disconnection be submitted to the voters of the district is
16 filed with the court at or before the hearing. The clerk of
17 the court must provide a petition form to any individual
18 requesting one. All property owners in the district and all
19 persons interested therein, may file objections, and at the
20 hearing may appear and contest the requested disconnection
21 and the matters averred in the petition, and both objectors
22 and petitioners may offer any competent evidence in regard
23 thereto. If the court shall, upon hearing the petition, finds
24 find that any of the conditions in this Section herein
25 required for the disconnection do not exist, it shall enter
26 an order dismissing the petition. , but If the petition
27 satisfies the such conditions and no petition requesting a
28 referendum to filed with the court, the court it shall enter
29 the appropriate order for disconnection. If, however, at or
30 before the hearing a petition is filed with the court, signed
31 by no fewer than 1% of the registered voters in the district,
32 asking that the question of disconnection be submitted to the
33 voters of the district, the court shall certify the question
34 to the proper election authority, which shall submit the
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1 question at an election in accordance with the Election Code.
2 The question shall be submitted in substantially the
3 following form:
4 Shall the territory of the (name of district)
5 located in (name of municipality) be disconnected from
6 the district and the responsibility for fire protection
7 in the entire district be transferred to (name of
8 municipality)?
9 The votes shall be recorded as "Yes" or "No".
10 If a majority of the voters voting on the question vote
11 in the affirmative, the court shall enter an order of
12 disconnection. If a majority of the voters voting on the
13 question vote in the negative, the court shall dismiss the
14 petition and no petition seeking disconnection may be filed
15 for a period of 3 years after the court enters its order
16 dismissing the petition.
17 The provisions of this amendatory Act of 1999 do not
18 apply to any proceeding for a disconnection for which the
19 court has entered an order of disconnection on or before the
20 effective date of this amendatory Act of 1999. In taking any
21 action upon the petition the findings of the court shall be
22 filed of record in the court.
23 The fire protection district shall continue in existence
24 and continue to levy and extend taxes upon the remaining
25 portion of the district at the same rate as levied and
26 extended in the year prior to the disconnection, excluding,
27 however, the amount of taxes levied in the prior year for
28 payment of a bonded indebtedness, which tax moneys, after
29 deducting the necessary operating expenses of the fire
30 protection district, shall be paid to the municipality
31 obligated to provide the fire protection service as a
32 consideration for the providing of such service. The title to
33 all property, assets and equipment of the district is
34 transferred to such municipality and is vested therein, to be
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1 held, however, for the same purposes and uses, and subject to
2 the same conditions as before the transfer.
3 (Source: P.A. 83-343.)