093_HB0120ham003

 










                                     LRB093 03770 MKM 14022 a

 1                     AMENDMENT TO HOUSE BILL 120

 2        AMENDMENT NO.     .  Amend House  Bill  120  on  page  1,
 3    immediately below line 28, by inserting the following:

 4        "Section  10. The Fire Protection District Act is amended
 5    by changing Section 15 as follows:

 6        (70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
 7        Sec. 15.  Whenever any property within a fire  protection
 8    district,  organized  under  this  Act,  does  not  have  the
 9    territorial  qualifications  described  in  Section 1 of this
10    Act, or is not reasonably protected by the district from  the
11    hazards  of  fire or would receive greater benefit of service
12    from another such district or  other  municipal  corporation,
13    any  legal  voter within such district or the owner or owners
14    of such property may detach and disconnect such property from
15    such fire protection district in the following manner:
16        The owner or owners of such  property  within  such  fire
17    protection  district  or any legal voter within such district
18    may file his petition in the court in which such district was
19    organized  setting  forth  therein  the  description  of  the
20    property sought to be detached and disconnected, a  statement
21    that  the  detachment  and  disconnection  will not cause the
22    territory remaining in the district to be noncontiguous; that
 
                            -2-      LRB093 03770 MKM 14022 a
 1    the loss of assessed valuation by reason of the disconnection
 2    of such territory will not impair the ability of the district
 3    to render fully  adequate  fire  protection  service  to  the
 4    territory  remaining  with  the  district; that the territory
 5    will  remain  liable  for  its  proportionate  share  of  any
 6    outstanding  bonded    indebtedness  of  the  district;   and
 7    alleging   facts   in   support   of   such   detachment  and
 8    disconnection, and praying that such property be detached and
 9    disconnected  from  such  fire  protection   district.    The
10    petition  shall  be  signed and sworn to by the petitioner or
11    petitioners. For the purpose of meeting  the  requirement  of
12    this  Section  that the detachment and disconnection will not
13    cause the remaining territory to be noncontiguous,  territory
14    shall  be  considered to be contiguous if the only separation
15    between parts of the territory is land owned  by  the  United
16    States,  the State of Illinois, any agency or instrumentality
17    of either, or any  regional  airport  authority.    Upon  the
18    filing  of  such  petition,  the court shall set the same for
19    hearing on a day not less than 2 weeks nor more than 4  weeks
20    from the filing thereof and shall give 2 weeks notice of such
21    hearing in the manner provided in Section 1 of this Act.  The
22    fire  protection  district  shall be a necessary party to the
23    proceedings and it shall be served with summons in the manner
24    prescribed for a party defendant  under  the  Civil  Practice
25    Law.  All property owners in such district, the district from
26    which  such  transfer  of  territory  is  to be made, and all
27    persons interested therein may file objections,  and  at  the
28    hearing   may   appear   and   contest   the  detachment  and
29    disconnection of  the  property  from  such  fire  protection
30    district,  and  both  objectors and petitioners may offer any
31    competent evidence in regard thereto.   If  the  court,  upon
32    hearing  such petition, finds that the petition complies with
33    this Act and that the allegations of the  petition  are  true
34    the  court  shall  enter an order detaching and disconnecting
 
                            -3-      LRB093 03770 MKM 14022 a
 1    such property from such district, and thereupon such property
 2    shall cease to be a part of such  fire  protection  district,
 3    except that the property remains liable for its proportionate
 4    share   of  any  outstanding    bonded  indebtedness  of  the
 5    district. The circuit clerk shall transmit a  certified  copy
 6    of  the order to the county clerk of each county in which any
 7    of territory affected is situated and to the  Office  of  the
 8    State Fire Marshal.
 9    (Source: P.A. 91-323, eff. 1-1-00.)".