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91_HB2130enr
HB2130 Enrolled LRB9100757MWgc
1 AN ACT concerning fire protection districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Fire Protection District Act is amended
5 by changing Section 21 as follows:
6 (70 ILCS 705/21) (from Ch. 127 1/2, par. 38.4)
7 Sec. 21. The territory of a fire protection district
8 within the limits of any city, village or incorporated town
9 may be disconnected from the district in the manner
10 hereinafter provided; (1) if more than 50% of the total
11 territory of the fire protection district is within the
12 limits of the same city, village or incorporated town filing
13 the petition for disconnection; (2) if such municipality,
14 prior to the filing of a petition to disconnect, assumes by
15 ordinance all the bonded indebtedness and other debts of the
16 fire protection district; and, (3) if such municipality,
17 prior to the filing of such petition, assumes by ordinance
18 the obligation of providing fire protection service to the
19 remaining territory of the fire protection district
20 equivalent to the service being rendered by such district.
21 The municipality containing more than 50% of the fire
22 protection district's territory may file a petition for
23 disconnection in the circuit court of the county where the
24 district was organized, setting forth: the description of the
25 territory sought to be disconnected; that such territory
26 consists of more than 50% of the total territory of the fire
27 protection district; and that the necessary municipal
28 ordinances have been passed to assume the indebtedness of the
29 fire protection district and the obligation of furnishing
30 equivalent fire protection service for the remaining
31 territory of such district.
HB2130 Enrolled -2- LRB9100757MWgc
1 Upon the filing of the petition, the court shall set a
2 day for hearing, not less than 4 2 weeks nor more than 8 4
3 weeks from the date of filing thereof, and the court, or the
4 clerk or sheriff upon order of the court, shall give a 21 10
5 day notice of the such hearing in one or more daily or weekly
6 newspapers of general circulation in the county, or in each
7 county, wherein the district is organized and by posting at
8 least 10 copies of the notice in conspicuous places in the
9 district. The notice must describe the proposed disconnection
10 and must state that the disconnection will occur if the
11 conditions required by this Section are met unless a petition
12 signed by no fewer than 1% of the registered voters in the
13 district is filed requesting that the question of
14 disconnection be submitted to the voters of the district is
15 filed with the court at or before the hearing. The clerk of
16 the court must provide a petition form to any individual
17 requesting one. All property owners in the district and all
18 persons interested therein, may file objections, and at the
19 hearing may appear and contest the requested disconnection
20 and the matters averred in the petition, and both objectors
21 and petitioners may offer any competent evidence in regard
22 thereto. If the court shall, upon hearing the petition, finds
23 find that any of the conditions in this Section herein
24 required for the disconnection do not exist, it shall enter
25 an order dismissing the petition., but If the petition
26 satisfies the such conditions and no petition requesting a
27 referendum is filed with the court, the court it shall enter
28 the appropriate order for disconnection. If, however, at or
29 before the hearing a petition is filed with the court, signed
30 by no fewer than 1% of the registered voters in the district,
31 asking that the question of disconnection be submitted to the
32 voters of the district, the court shall certify the question
33 to the proper election authority, which shall submit the
34 question at an election in accordance with the Election Code.
HB2130 Enrolled -3- LRB9100757MWgc
1 The question shall be submitted in substantially the
2 following form:
3 Shall the territory of the (name of district)
4 located in (name of municipality) be disconnected from
5 the district and the responsibility for fire protection
6 in the entire district be transferred to (name of
7 municipality)?
8 The votes shall be recorded as "Yes" or "No".
9 If a majority of the voters voting on the question vote
10 in the affirmative, the court shall enter an order of
11 disconnection. If a majority of the voters voting on the
12 question vote in the negative, the court shall dismiss the
13 petition and no petition seeking disconnection may be filed
14 for a period of 3 years after the court enters its order
15 dismissing the petition.
16 The provisions of this amendatory Act of the 91st General
17 Assembly do not apply to any proceeding for a disconnection
18 for which the court has entered an order of disconnection on
19 or before the effective date of this amendatory Act of the
20 91st General Assembly. In taking any action upon the petition
21 the findings of the court shall be filed of record in the
22 court.
23 The fire protection district shall continue in existence
24 and continue to levy and extend taxes upon the remaining
25 portion of the district at the same rate as levied and
26 extended in the year prior to the disconnection, excluding,
27 however, the amount of taxes levied in the prior year for
28 payment of a bonded indebtedness, which tax moneys, after
29 deducting the necessary operating expenses of the fire
30 protection district, shall be paid to the municipality
31 obligated to provide the fire protection service as a
32 consideration for the providing of such service. The title to
33 all property, assets and equipment of the district is
34 transferred to such municipality and is vested therein, to be
HB2130 Enrolled -4- LRB9100757MWgc
1 held, however, for the same purposes and uses, and subject to
2 the same conditions as before the transfer.
3 (Source: P.A. 83-343.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.
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