State of Illinois
91st General Assembly
Legislation

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91_SB0168eng

 
SB168 Engrossed                                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
 
SB168 Engrossed             -2-                LRB9102278MWpc
 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  21
 6    day 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
 
SB168 Engrossed             -3-                LRB9102278MWpc
 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
 
SB168 Engrossed             -4-                LRB9102278MWpc
 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.)

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