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92nd General Assembly

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Public Act 92-0368

SB598 Enrolled                                 LRB9207661MWmg

    AN ACT concerning library districts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Public Library District Act of 1991 is
amended by changing Section 15-85 as follows:

    (75 ILCS 16/15-85)
    Sec. 15-85.  Automatic disconnection from district.
    (a) Any territory within a public library  district  that
is  or  has  been  annexed  to  a  municipality  (where  that
municipality  maintains a public library) is, by operation of
law, disconnected from the public library district as of  the
January first next after the territory is annexed.
    (b)  A  disconnection  by  operation  of  law  under this
Section  does  not  occur  if,  within  60  days  after   the
annexation,  the  public  library  district  files  with  the
appropriate  circuit  court  a  petition  alleging  that  the
disconnection  will  cause  the  territory  remaining  in the
district to be noncontiguous or that  the  loss  of  assessed
valuation  by  reason  of  the  disconnection will impair the
ability of the district  to  render  fully  adequate  library
service to the territory remaining in the district.
    (c)  When  a  petition is filed under subsection (b), the
court shall set it for hearing.  At the hearing, the district
has the burden of proving the truth of the allegations in its
petition.  In determining whether to grant the petition,  the
court may consider at least the following factors:
         (i)  whether  disconnection will cause the territory
    remaining in the district to be noncontiguous;
         (ii)  whether the  loss  of  assessed  valuation  by
    reason  of  the  disconnection will impair the ability of
    the district to render fully adequate library service  to
    the territory remaining in the district;
         (iii)  the  convenience  of  the  residents  of  the
    annexed  territory and whether a plan exists enabling the
    residents of the annexed  territory  to  use  either  the
    public   library   district  facilities  or  the  library
    facilities of the city, village, or incorporated town  to
    which the territory has been annexed; and
         (iv)  whether  the  city,  village,  or incorporated
    town has annexed any other territory within the  district
    within the preceding 2 years and the cumulative effect of
    those  annexations  on  the  financial  viability  of the
    district.
    The Court may consider comments  by  the  Illinois  State
Library,  the  annexing  municipality and its public library,
and the library system  or  systems  to  which  the  affected
libraries   belong.    This   does  not  create  a  right  of
intervention in these parties.
    (d)  After the hearing, the Court may grant the relief it
deems appropriate, including, but not limited to, any of  the
following:    (i)   denial   of   the   disconnection;   (ii)
disconnection  of  the  territory  from  the  public  library
district; (iii)  disconnection  of  the  territory  from  the
public  library  district  in parts over a specific period of
time not  to  exceed  5  years;  (iv)  court  approval  of  a
voluntary agreement between the parties that provides for the
sharing   of  real  estate  tax  revenues  from  the  annexed
territory for a limited period of time not to exceed 5  years
unless  extended  by  mutual agreement of the parties; or (v)
submission of the question of disconnection of the  territory
to  the  electors of the annexed territory at a referendum to
be held at the next general election in accordance  with  the
general  election  law.  The proposition at such a referendum
shall be in substantially the following form:
         Shall (describe annexed territory)  be  disconnected
    from (name of public library district)?
    If a referendum is held, the result of the election shall
be  entered  of  record in the Court.  If a majority of votes
cast upon the question  in  the  annexed  territory  are  for
disconnection  of  the  annexed  territory  from  the  public
library  district,  the  territory shall be disconnected from
the public library district.
    (e)  If there are any general  obligation  bonds  of  the
public  library  district  outstanding and unpaid at the time
the  territory  is  disconnected  from  the  public   library
district  by  operation  of  this  Section,  the disconnected
territory shall remain liable for its proportionate share  of
that bonded indebtedness, and the public library district may
continue  to  levy and extend taxes upon the taxable property
in the territory for the  purpose  of  amortizing  the  bonds
until   sufficient  funds  to  retire  the  bonds  have  been
collected.
    (f)  The county  clerk  must  extend  taxes  to  pay  the
principal  of  and  interest  on any general obligation bonds
issued to refund any bond described  in  subsection  (e),  as
provided  in the bond ordinances on file in the office of the
county clerk, against all taxable property in  the  district,
including  taxable  property  that was in the district on the
date that the bonds being  refunded  were  issued;  provided,
however,  that  (i)  the  net  interest rate on the refunding
bonds may not exceed the net interest rate  on  the  refunded
bonds,  (ii)  the  final maturity date of the refunding bonds
may not extend beyond the final maturity date of the refunded
bonds, and (iii) the debt service payable  on  the  refunding
bonds  in any year may not exceed the debt service that would
have been payable on the refunded bonds in that  year.   This
subsection is inoperative after June 30, 2002.
(Source: P.A. 87-1277.)
    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 25, 2001.
    Approved August 15, 2001.

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