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Public Act 91-0917
SB1377 Enrolled LRB9110779SMdv
AN ACT to amend the Fire Protection District Act by
changing Sections 14.05 and 20.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Protection District Act is amended
by changing Sections 14.05 and 20 as follows:
(70 ILCS 705/14.05) (from Ch. 127 1/2, par. 34.05)
Sec. 14.05. At the hearing the court shall first
determine whether the districts are adjoining, as described
in Section 14.01, and whether the petition is signed by 50 or
more of the legal voters resident within the limits of each
of the districts proposed to be consolidated. If the
districts are not adjoining or if the petition is not so
signed the petition shall be dismissed.
If the districts are adjoining and the petition is so
signed, the court shall then order the question of
consolidation and the rate of taxes for the consolidated
district submitted to the legal voters in each district at an
election, and shall certify the question and its order to the
proper election officials who shall submit the question at an
election in accordance with the general election law. The
proposition shall be in substantially the following form:
-------------------------------------------------------------
Shall (name of district in which
election is being held), be
consolidated with (name of other
district or districts) to organize YES
(name of consolidated district)
and shall the maximum allowable
tax rate for (name of consolidated ------------------------
district) be set at (rate of tax,
stated as a percentage) of the
value of all taxable property within NO
(name of consolidated district)
as equalized or assessed by the
Department of Revenue?
-------------------------------------------------------------
The court shall cause a written statement of the results of
such election to be filed of record in the court. If, in each
district, a majority of the voters voting on the question
shall favor consolidation and the stated rate of taxes for
the consolidated district, the court shall order the
consolidation of the districts into the consolidated
district.
(Source: P.A. 83-1488.)
(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
Sec. 20. Disconnection by operation of law.
(a) Any territory within a fire protection district that
is or has been annexed to a city, village or incorporated
town that provides fire protection for property within such
city, village or incorporated town is, by operation of law,
disconnected from the fire protection district as of the
January first after such territory is annexed to the city,
village or incorporated town, or in case any such territory
has been so annexed prior to the effective date of this
amendatory Act of 1965, as of January 1, 1966.
(b) The disconnection by operation of law does not occur
if, within 60 days after such annexation or after the
effective date of this amendatory Act of 1965, whichever is
later, the fire protection district files with the
appropriate court and with the County Clerk of each county in
which the fire protection district is located, a petition
alleging that such disconnection will cause the territory
remaining in the district to be noncontiguous or that the
loss of assessed valuation by reason of such disconnection
will impair the ability of the district to render fully
adequate fire protection service to the territory remaining
with the district. When such a petition is filed, with the
court and with the County Clerk of each county in which the
fire protection district is located, the court shall set it
for hearing, and further proceedings shall be held, as
provided in Section 15 of this Act, except that the city,
village or incorporated town that annexed the territory shall
be a necessary party to the proceedings, and it shall be
served with summons in the manner for a party defendant under
the Civil Practice Law. At such hearing, the district has the
burden of proving the truth of the allegations in its
petition.
(c) If disconnection does not occur, then the city,
village or incorporated town in which part of a fire
protection district's territory is located, is prohibited
from levying the tax provided for by Section 11-7-1 of the
"Illinois Municipal Code" in such fire protection district
territory for services provided to the residents of such
territory by the fire protection district.
(d) If there are any general obligation bonds of the
fire protection district outstanding and unpaid at the time
such territory is disconnected from the fire protection
district by operation of this Section, such territory shall
remain liable for its proportionate share of such bonded
indebtedness and the fire protection district may continue to
levy and extend taxes upon the taxable property in such
territory for the purpose of amortizing such bonds until such
time as sufficient funds to retire such bonds have been
collected.
(e) On and after the effective date of this amendatory
Act of the 91st General Assembly, when territory is
disconnected from a fire protection district under this
Section, the annexing municipality shall pay, on or before
December 31 of each year for a period of 5 years after the
effective date of the disconnection, to the fire protection
district from which the territory was disconnected, an amount
as follows:
(1) In the first year after the disconnection, an
amount equal to the real estate tax collected on the
property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(2) In the second year after the disconnection, an
amount equal to 80% of the real estate tax collected on
the property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(3) In the third year after the disconnection, an
amount equal to 60% of the real estate tax collected on
the property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(4) In the fourth year after the disconnection, an
amount equal to 40% of the real estate tax collected on
the property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(5) In the fifth year after the disconnection, an
amount equal to 20% of the real estate tax collected on
the property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
This subsection (e) applies to a fire protection district
only if the corporate authorities of the district do not file
a petition against the disconnection under subsection (b).
(Source: P.A. 91-307, eff. 1-1-00.)
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