State of Illinois
91st General Assembly
Legislation

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91_HB2044

 
                                               LRB9103225MWpc

 1        AN ACT to amend  the  Fire  Protection  Act  by  changing
 2    Section 15.

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

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

 7        (70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
 8        Sec.  15.  Whenever any property within a fire protection
 9    district,  organized  under  this  Act,  does  not  have  the
10    territorial qualifications described in  Section  1  of  this
11    Act,  or is not reasonably protected by the district from the
12    hazards of fire or would receive greater benefit  of  service
13    from  another  such  district or other municipal corporation,
14    any legal voter within such district or the owner  or  owners
15    of such property may detach and disconnect such property from
16    such  fire  protection  district  at  any  time  before  such
17    district   has   incurred  any  bonded  indebtedness  in  the
18    following manner:
19        The owner or owners of such  property  within  such  fire
20    protection  district  or any legal voter within such district
21    may file his petition in the court in which such district was
22    organized  setting  forth  therein  the  description  of  the
23    property sought to be detached and disconnected, a  statement
24    that  the  detachment  and  disconnection  will not cause the
25    territory remaining in the district to be noncontiguous;  and
26    that  the  loss  of  assessed  valuation  by  reason  of  the
27    disconnection  of  such territory will not impair the ability
28    of the district to  render  fully  adequate  fire  protection
29    service  to  the  territory remaining with the district; that
30    the territory will remain liable for its proportionate  share
31    of  any outstanding bonded  indebtedness of the district; and
 
                            -2-                LRB9103225MWpc
 1    alleging  facts   in   support   of   such   detachment   and
 2    disconnection, and praying that such property be detached and
 3    disconnected   from   such  fire  protection  district.   The
 4    petition shall be signed and sworn to by  the  petitioner  or
 5    petitioners.   Upon  the  filing  of such petition, the court
 6    shall set the same for hearing on a day not less than 2 weeks
 7    nor more than 4 weeks from the filing thereof and shall  give
 8    2  weeks  notice  of  such  hearing in the manner provided in
 9    Section 1 of this Act.  The fire protection district shall be
10    a necessary party to the proceedings and it shall  be  served
11    with  summons  in the manner prescribed for a party defendant
12    under the Civil Practice Law.  All property  owners  in  such
13    district,  the district from which such transfer of territory
14    is to be made, and all persons interested  therein  may  file
15    objections,  and  at  the  hearing may appear and contest the
16    detachment and disconnection of the property from  such  fire
17    protection  district,  and both objectors and petitioners may
18    offer any competent  evidence  in  regard  thereto.   If  the
19    court,  upon  hearing  such petition, finds that the petition
20    complies with this  Act  and  that  the  allegations  of  the
21    petition  are  true  the court shall enter an order detaching
22    and disconnecting  such  property  from  such  district,  and
23    thereupon such property shall cease to be a part of such fire
24    protection  district, except that the property remains liable
25    for its  proportionate  share  of  any  outstanding    bonded
26    indebtedness   of  the  district.  The  circuit  clerk  shall
27    transmit a certified copy of the order to the county clerk of
28    each county in which any of territory  affected  is  situated
29    and to the Office of the State Fire Marshal.
30    (Source: P.A. 85-556.)

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