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Public Act 91-0944
HB2130 Enrolled LRB9100757MWgc
AN ACT concerning fire protection districts.
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 Section 21 as follows:
(70 ILCS 705/21) (from Ch. 127 1/2, par. 38.4)
Sec. 21. The territory of a fire protection district
within the limits of any city, village or incorporated town
may be disconnected from the district in the manner
hereinafter provided; (1) if more than 50% of the total
territory of the fire protection district is within the
limits of the same city, village or incorporated town filing
the petition for disconnection; (2) if such municipality,
prior to the filing of a petition to disconnect, assumes by
ordinance all the bonded indebtedness and other debts of the
fire protection district; and, (3) if such municipality,
prior to the filing of such petition, assumes by ordinance
the obligation of providing fire protection service to the
remaining territory of the fire protection district
equivalent to the service being rendered by such district.
The municipality containing more than 50% of the fire
protection district's territory may file a petition for
disconnection in the circuit court of the county where the
district was organized, setting forth: the description of the
territory sought to be disconnected; that such territory
consists of more than 50% of the total territory of the fire
protection district; and that the necessary municipal
ordinances have been passed to assume the indebtedness of the
fire protection district and the obligation of furnishing
equivalent fire protection service for the remaining
territory of such district.
Upon the filing of the petition, the court shall set a
day for hearing, not less than 4 2 weeks nor more than 8 4
weeks from the date of filing thereof, and the court, or the
clerk or sheriff upon order of the court, shall give a 21 10
day notice of the such hearing in one or more daily or weekly
newspapers of general circulation in the county, or in each
county, wherein the district is organized and by posting at
least 10 copies of the notice in conspicuous places in the
district. The notice must describe the proposed disconnection
and must state that the disconnection will occur if the
conditions required by this Section are met unless a petition
signed by no fewer than 1% of the registered voters in the
district is filed requesting that the question of
disconnection be submitted to the voters of the district is
filed with the court at or before the hearing. The clerk of
the court must provide a petition form to any individual
requesting one. All property owners in the district and all
persons interested therein, may file objections, and at the
hearing may appear and contest the requested disconnection
and the matters averred in the petition, and both objectors
and petitioners may offer any competent evidence in regard
thereto. If the court shall, upon hearing the petition, finds
find that any of the conditions in this Section herein
required for the disconnection do not exist, it shall enter
an order dismissing the petition., but If the petition
satisfies the such conditions and no petition requesting a
referendum is filed with the court, the court it shall enter
the appropriate order for disconnection. If, however, at or
before the hearing a petition is filed with the court, signed
by no fewer than 1% of the registered voters in the district,
asking that the question of disconnection be submitted to the
voters of the district, the court shall certify the question
to the proper election authority, which shall submit the
question at an election in accordance with the Election Code.
The question shall be submitted in substantially the
following form:
Shall the territory of the (name of district)
located in (name of municipality) be disconnected from
the district and the responsibility for fire protection
in the entire district be transferred to (name of
municipality)?
The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question vote
in the affirmative, the court shall enter an order of
disconnection. If a majority of the voters voting on the
question vote in the negative, the court shall dismiss the
petition and no petition seeking disconnection may be filed
for a period of 3 years after the court enters its order
dismissing the petition.
The provisions of this amendatory Act of the 91st General
Assembly do not apply to any proceeding for a disconnection
for which the court has entered an order of disconnection on
or before the effective date of this amendatory Act of the
91st General Assembly. In taking any action upon the petition
the findings of the court shall be filed of record in the
court.
The fire protection district shall continue in existence
and continue to levy and extend taxes upon the remaining
portion of the district at the same rate as levied and
extended in the year prior to the disconnection, excluding,
however, the amount of taxes levied in the prior year for
payment of a bonded indebtedness, which tax moneys, after
deducting the necessary operating expenses of the fire
protection district, shall be paid to the municipality
obligated to provide the fire protection service as a
consideration for the providing of such service. The title to
all property, assets and equipment of the district is
transferred to such municipality and is vested therein, to be
held, however, for the same purposes and uses, and subject to
the same conditions as before the transfer.
(Source: P.A. 83-343.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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