100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5290

 

Introduced , by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 705/15c new

    Amends the Fire Protection District Act. Provides that a home rule municipality may file a petition to disconnect fire protection district territory from the district if: the municipality's fire department services at least 80% of the municipality; the disconnection will not cause the territory of the district to be noncontiguous; and the loss of assessed valuation by reason of the disconnection of the territory will not impair the ability of the district to render adequate fire protection service to the territory remaining in the district. Provides that territory disconnected shall remain liable for its proportionate share of any bonded indebtedness outstanding as of the date of disconnection. Provides for petition, hearing, notice, and objection requirements. Further provides that if a court finds that the petition complies with the Section and that the allegations of the petition are true, the court shall order that the territory be disconnected.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5290LRB100 17398 AWJ 32564 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5adding Section 15c as follows:
 
6    (70 ILCS 705/15c new)
7    Sec. 15c. Disconnection of fire protection district
8territory within a home rule municipality.
9    Whenever any property within a fire protection district is
10located in a home rule municipality that provides fire service
11to at least 80% of the territory within the municipality's
12corporate limits, the home rule municipality may detach and
13disconnect that property from the fire protection district in
14the following manner:
15    The municipality may petition the court, setting forth in
16the petition the following: a description of the property
17sought to be detached and disconnected; a statement that the
18detachment and disconnection will not cause the property
19remaining in the district to be noncontiguous, that the loss of
20assessed valuation by reason of the disconnection of the
21described property will not impair the ability of the district
22to render fully adequate fire protection service to the
23property remaining with the district, that the property to be

 

 

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1detached and disconnected will remain liable for its
2proportionate share of any outstanding bonded indebtedness of
3the district, and that it is a home rule municipality that
4provides for its own fire service to at least 80% of the
5territory within the municipality; and asking that the
6described property be detached and disconnected from the fire
7protection district. The petition shall be signed and sworn to
8by the mayor or village president pursuant to a resolution of
9the corporate authorities of the municipality authorizing the
10filing of the petition.
11    For the purpose of meeting the requirement of this Section
12that the detachment and disconnection will not cause the
13remaining property to be noncontiguous, property shall be
14considered to be contiguous if the only separation between
15parts of the property is land owned by the United States, the
16State, or any agency or instrumentality of either, or any
17regional airport authority.
18    Upon the filing of the petition, the court shall set the
19same for hearing on a day not less than 2 weeks nor more than 4
20weeks from the filing thereof and shall give 2 weeks' notice of
21such hearing in the manner provided in Section 1 of this Act.
22The fire protection district shall be a necessary party to the
23proceedings and it shall be served with summons in the manner
24prescribed for a party defendant under the Civil Practice Law.
25All property owners in such district, the district from which
26the transfer of property is to be made, and all persons

 

 

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1interested therein may file objections, and at the hearing may
2appear and contest the detachment and disconnection of the
3property from the fire protection district, and both objectors
4and petitioners may offer any competent evidence in regard
5thereto. If the court, upon hearing such petition, finds that
6the petition complies with this Section 15c and that the
7allegations of the petition are true the court shall enter an
8order detaching and disconnecting the property from the
9district, and upon entry of the order the property shall cease
10to be a part of the fire protection district and shall be
11serviced by the home rule municipality, except that the
12property remains liable for its proportionate share of any
13outstanding bonded indebtedness of the district. The circuit
14clerk shall transmit a certified copy of the order to the
15county clerk of each county in which any of the affected
16property is situated and to the Office of the State Fire
17Marshal.