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Public Act 91-0323
HB2044 Enrolled LRB9103225MWpc
AN ACT to amend the Fire Protection District Act by
changing Section 15.
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 15 as follows:
(70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
Sec. 15. Whenever any property within a fire protection
district, organized under this Act, does not have the
territorial qualifications described in Section 1 of this
Act, or is not reasonably protected by the district from the
hazards of fire or would receive greater benefit of service
from another such district or other municipal corporation,
any legal voter within such district or the owner or owners
of such property may detach and disconnect such property from
such fire protection district at any time before such
district has incurred any bonded indebtedness in the
following manner:
The owner or owners of such property within such fire
protection district or any legal voter within such district
may file his petition in the court in which such district was
organized setting forth therein the description of the
property sought to be detached and disconnected, a statement
that the detachment and disconnection will not cause the
territory remaining in the district to be noncontiguous; and
that the loss of assessed valuation by reason of the
disconnection of such territory will not impair the ability
of the district to render fully adequate fire protection
service to the territory remaining with the district; that
the territory will remain liable for its proportionate share
of any outstanding bonded indebtedness of the district; and
alleging facts in support of such detachment and
disconnection, and praying that such property be detached and
disconnected from such fire protection district. The
petition shall be signed and sworn to by the petitioner or
petitioners. Upon the filing of such petition, the court
shall set the same for hearing on a day not less than 2 weeks
nor more than 4 weeks from the filing thereof and shall give
2 weeks notice of such hearing in the manner provided in
Section 1 of this Act. The fire protection district shall be
a necessary party to the proceedings and it shall be served
with summons in the manner prescribed for a party defendant
under the Civil Practice Law. All property owners in such
district, the district from which such transfer of territory
is to be made, and all persons interested therein may file
objections, and at the hearing may appear and contest the
detachment and disconnection of the property from such fire
protection district, and both objectors and petitioners may
offer any competent evidence in regard thereto. If the
court, upon hearing such petition, finds that the petition
complies with this Act and that the allegations of the
petition are true the court shall enter an order detaching
and disconnecting such property from such district, and
thereupon such property shall cease to be a part of such fire
protection district, except that the property remains liable
for its proportionate share of any outstanding bonded
indebtedness of the district. The circuit clerk shall
transmit a certified copy of the order to the county clerk of
each county in which any of territory affected is situated
and to the Office of the State Fire Marshal.
(Source: P.A. 85-556.)
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