(75 ILCS 16/1-55) Sec. 1-55. Compliance with ITAP requirements. A library district must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A library district may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois.
(Source: P.A. 98-246, eff. 8-9-13.) |
(75 ILCS 16/Art. 5 heading) ARTICLE 5.
CREATION OF DISTRICT BY PETITION
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(75 ILCS 16/5-5)
Sec. 5-5.
Authorization.
All or any portion of the
territory within one or more counties
may, under this Act, be organized and formed into a district for the
purpose of levying a tax or taxes to pay for establishing, equipping,
maintaining, and supporting library services.
(Source: P.A. 87-1277.)
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(75 ILCS 16/5-10)
Sec. 5-10.
Petition to establish district.
(a) The organization of a district library in a territory without
a local tax supported library or in such a territory and contiguous territory
of a municipality, township, or county operating a local tax supported library
may be initiated as described in paragraph (1) or (2) of this subsection.
(1) One hundred or more of the voters of a territory | ||
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(2) The library board of a local tax supported | ||
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(b) The petition specified in this Section shall contain a legal description
of the boundaries of the territory to be embraced within the proposed district,
shall specify the name of the district and the proposed tax rate limit for the
district if it is in excess of 0.15%, and shall petition the circuit court to
set the date of a hearing on the petition before a judge of the circuit court.
If the territory of the proposed district encompasses the same
territory as an existing school district, municipality, township, or county,
the description of the proposed district may be by
reference to that entity.
(Source: P.A. 87-1277.)
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(75 ILCS 16/5-15)
Sec. 5-15.
Order for hearing; notice.
(a) Upon the submission of the petition to the circuit court as provided in
Section 5-10, the circuit court shall enter an order setting the date of the
hearing on the petition and naming the judge who will preside at the hearing.
(b) The petitioners shall publish notice of the time, date, and place of the
hearing, including the name of the judge who will preside at the hearing. The
notice shall be published in accordance with Section 1-30. The petitioners
shall also, concurrently with the publication of the notice of the hearing,
send notice of the hearing and a copy of the petition to the board of trustees
of each public library serving an area contiguous to or within the proposed
library district boundaries.
(Source: P.A. 87-1277.)
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(75 ILCS 16/5-20)
Sec. 5-20.
Hearing.
At the hearing ordered under Section 5-15, the
petitioners shall present proof of the notice of the hearing and of
the matters alleged in the petition to the presiding judge. All
persons residing within the proposed district shall have a reasonable
opportunity to be heard regarding the location of the boundaries of
the proposed district and to make suggestions regarding the
boundaries.
(Source: P.A. 87-1277 .)
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(75 ILCS 16/5-25)
Sec. 5-25.
Order for election; notice.
(a) The judge, after hearing the statements, evidence, and suggestions
of the petitioners and other persons appearing before the court, shall enter an
order calling an election. The order shall do the following:
(1) Fix the boundaries of the proposed district. For | ||
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(2) Require a map to be prepared depicting (i) the | ||
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(3) Designate the regular election when the election | ||
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(b) In addition to the requirements of the Election Code, notice of the
election shall specify the purpose of the election and contain a map and legal
description of the proposed district.
(Source: P.A. 87-1277.)
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(75 ILCS 16/5-30)
Sec. 5-30.
Election; form of proposition.
(a) The proposition at the election shall be
in substantially the following form:
Shall a public library district be established in all | ||
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(b) If no tax rate limit is specified in the ballot, the tax rate limit
of the newly organized district shall be as set forth in Section 35-5. If,
however, the petitioners, under Section 5-10, specify a rate higher than the
rate set forth in Section 35-5, the proposition shall be in substantially the
following form:
Shall a public library district be established in all | ||
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In no event shall the tax rate exceed the maximum tax rate set forth in
Section 35-10.
(c) A proposition for the establishment of a public library district shall
not be submitted to the voters in the proposed district more often than once in
a 12-month period.
(Source: P.A. 87-1277.)
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(75 ILCS 16/5-35)
Sec. 5-35.
Election results.
(a) The election authority shall, within 10 days after the election, file
with the circuit court ordering the election its certificate setting
forth the results of the election in each precinct.
(b) The judge assigned to hear the case shall enter a final judgment
setting forth the results of the election based upon the certificate filed
in the court by the election authority, and the order shall become a part of
the records of the court.
(c) The question of establishment of a district shall be based upon the
majority of votes cast on the question by the voters of the proposed
territory determined as follows:
(1) Where the proposed territory does not include a | ||
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(2) Where the proposed territory does include a | ||
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(3) Where the proposed territory includes a township | ||
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(Source: P.A. 87-1277.)
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(75 ILCS 16/5-40)
Sec. 5-40.
Transfer and sharing of assets.
(a) Any assets, including real and personal property and tax and other
monies, received or due for the purposes of the library and held by the
corporate authority of a municipal, township, or county library included in the
library district, shall be transferred to the library district. "Property"
includes any building or buildings permanently occupied by and publicly
designated as the library building or buildings and used solely for library
purposes.
(b) Nothing in Section 5-35 or 5-45 or this Section
shall preclude a municipality, township, or county,
by written agreement, from sharing a library building or buildings
with a district library when the establishment of a
library district has been approved and the district includes wholly within its
territory a municipal, township, or county library.
(Source: P.A. 87-1277.)
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