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91_SB1627ham002
LRB9112143MWgcam01
1 AMENDMENT TO SENATE BILL 1627
2 AMENDMENT NO. . Amend Senate Bill 1627 on page 7,
3 immediately below line 27, by inserting the following:
4 "Section 10. The Public Library District Act of 1991 is
5 amended by changing Section 15-90 as follows:
6 (75 ILCS 16/15-90)
7 Sec. 15-90. Transfer of contiguous territory to adjoining
8 district.
9 (a) Territory that is in a public library district and
10 contiguous with another library district may be transferred
11 to the latter district. Upon the mutual agreement of the
12 boards of trustees of the contiguous districts to the
13 transfer of the territory, each board shall enact a transfer
14 ordinance containing identical language describing the
15 territory to be transferred, the effective date of the
16 transfer, a statement of the assets and liabilities, if any,
17 that are a responsibility of the transferred territory, and
18 the settlement of any excess of assets or liabilities.
19 (b) A copy of the transfer ordinance shall be filed with
20 the circuit court of the county that contains all or the
21 larger part of the territory. Upon receiving the ordinance,
22 the circuit court shall enter an order setting forth the
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1 date, time, and place of a hearing upon the subject matter of
2 the ordinance, name the judge to hear the cause, and send
3 notice of the date, time, and place of the hearing and of the
4 judge assigned to the president of the board of trustees of
5 each of the involved public library districts and to the
6 secretary of the board of trustees of the public library
7 district containing the territory proposed to be transferred.
8 The date set for the hearing shall be not less than 30 days
9 nor more than 60 days after the circuit court enters the
10 order for the hearing. The secretary of the board of trustees
11 of the public library district containing the territory
12 proposed to be transferred shall, within 15 days of the
13 secretary's receipt of the circuit court's notice of the
14 hearing, publish notice of the hearing as provided in Section
15 1-30.
16 (c) At the hearing before the assigned judge of the
17 circuit court, the validity of the ordinance, including
18 substantiation of the required allegations in the petition,
19 the appropriateness of the location and boundary of the
20 territory to be voted upon for transfer, and other relevant
21 matters shall be considered. All persons residing in the
22 territory to be transferred, all other persons having an
23 interest in the proposed transfer, and the boards of trustees
24 of the involved library districts shall have a reasonable
25 opportunity to be heard upon the subject of the proposed
26 transfer. The judge's determination of the appropriateness
27 of the boundary of the territory proposed to be transferred
28 shall include the following factors:
29 (1) The location of the residents in relationship
30 to the total territory proposed to be transferred.
31 (2) Maintaining the pre-existing non-residential
32 tax bases of both libraries so far as possible.
33 (3) Local traditional traffic, transportation, and
34 marketing routes and the convenience of the residents of
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1 the territory proposed to be transferred.
2 The judge, after hearing the statements, evidence, and
3 suggestions of the persons appearing at the hearing, shall
4 determine (i) whether the ordinance is valid and sufficient
5 according to law and (ii) whether the territory to be
6 transferred would receive substantially equal or greater
7 benefits by being transferred. If the transfer ordinance is
8 found to be valid and sufficient, and the territory to be
9 transferred would receive substantially equal or greater
10 benefits by being so transferred, the judge shall enter a
11 final judgement to transfer the territory.
12 (d) The judge assigned to the case shall, after a
13 hearing upon the merits, enter an order revising the
14 boundaries of the district and setting forth the liability,
15 if any, yet to be retired and paid by the property owners of
16 the transferred territory. The liability shall be collected
17 under Section 35-15.
18 (e) If there are any general obligation bonds of the
19 public library district (or other obligations incurred
20 instead of general obligation bonds under this Act) that are
21 outstanding and unpaid at the time the territory is
22 transferred from the public library district under this
23 Section, the territory shall remain liable for its
24 proportionate share of the bonded indebtedness or other
25 outstanding obligation incurred instead of bonded
26 indebtedness, and the public library district may continue to
27 levy and extend taxes upon the taxable property in the
28 territory for the purpose of amortizing the bonds or
29 satisfying the other outstanding obligations until sufficient
30 funds to retire the bonds or to satisfy the other outstanding
31 obligations have been collected.
32 (e-5) The county clerk must extend taxes to pay the
33 principal of and interest on any general obligation bonds
34 issued to refund any bond described in subsection (e), as
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1 provided in the bond ordinances on file in the office of the
2 county clerk, against all taxable property in the district,
3 including taxable property that was in the district on the
4 date that the bonds being refunded were issued; provided,
5 however, that (i) the net interest rate on the refunding
6 bonds may not exceed the net interest rate on the refunded
7 bonds, (ii) the final maturity date of the refunding bonds
8 may not extend beyond the final maturity date of the refunded
9 bonds, and (iii) the debt service payable on the refunding
10 bonds in any year may not exceed the debt service that would
11 have been payable on the refunded bonds in that year. This
12 subsection is inoperative after December 31, 2000.
13 (f) The district secretary shall record a certified copy
14 of the transfer order with the recorder and file a certified
15 copy with the county clerk of each county affected.
16 (Source: P.A. 87-1277.)".