|
shall not take effect until it is approved by the board of |
trustees of each public library district in which any part of |
the municipality or township is located. |
(c) If the disconnecting entity is a city, then, no later |
than 90 days after the adoption of the disconnection ordinance, |
the governing body of the city must establish and maintain a |
public library under Section 2-1 of the Illinois Local Library |
Act. |
If the disconnecting entity is an incorporated town, a |
village, or a township, then, no later than 90 days after the |
adoption of the disconnection ordinance, the governing body of |
the incorporated town, village, or township must adopt an |
ordinance for a referendum to establish a public library under |
Section 2-2 of the Illinois Local Library Act. |
(d) After an ordinance to establish and maintain a library |
is adopted by a city under Section 2-1 of the Illinois Local |
Library Act or after the approval by the electors in an |
incorporated town, a village, or a township of a referendum to |
establish and maintain a library under Section 2-2 of the |
Illinois Local Library Act, the municipality or township shall |
file with the circuit court in which a majority of the |
disconnected territory lies an appropriate petition and a |
certified copy of the disconnection ordinance. The petition |
shall request entry of an order of disconnection and the |
preparation of an appraisal setting forth the value of the |
tangible property of the district, the liabilities of the |
district, and the excess of the liabilities over tangible |
assets or property. Notice shall be published by and within the |
disconnecting territory. |
The circuit court shall, after a hearing upon the matter, |
enter its order revising the limits and boundaries of the |
district and setting forth the liability, if any, yet to be |
retired and paid for by the property owners of the disconnected |
territory. |
(e) When any territory has been disconnected from a |
district under this Section and the court order providing for |
|
the disconnection also sets forth a continuing liability to be |
paid by the property owners of the disconnected territory, then |
the county collector of each county affected shall debit upon |
his or her books the taxes to be paid and thereafter levied by |
the district and extended against taxable property within the |
disconnected territory. The county clerk shall continue to |
extend district library taxes upon the taxable property within |
the disconnected territory, and the county collector shall |
continue to collect district library taxes upon the taxable |
property within the disconnected territory until the excess |
liability has been paid and retired. |
The residents and property owners of the disconnected |
territory are entitled to full and free library service from |
the district until the earlier of: (i) the final and full |
payment of the liability; or (ii) the entry of the |
disconnection order by the court. Upon the date of |
disconnection, the residents and property owners of the |
disconnected territory shall no longer be subject to any tax |
levies by the district other than levies for the excess |
liability. Upon full and final payment of the liability and |
thereafter, no resident or property owner of the disconnected |
territory shall have any right, title, and interest in and to |
the assets and tangible property of the district affected by |
the disconnection.
|
(f) The board must record a certified copy of the |
disconnection order with the recorder of deeds and with the |
county clerk and county collector of each county affected.
|
Section 10. The Illinois Local Library Act is amended by |
changing Section 2-2 as follows:
|
(75 ILCS 5/2-2) (from Ch. 81, par. 2-2)
|
Sec. 2-2. To provide local public institutions of general |
education
for citizens of Illinois, the citizens residing in a |
village, incorporated
town or township without local library |
service may establish and maintain a
public library for the use |
|
and benefit of the residents of the respective
village, |
incorporated town or township as herein provided.
|
Upon the adoption of an ordinance by the governing body of |
an incorporated town, village, or township or when
When 100 |
legal voters of any incorporated town, village or
township |
present a petition to the clerk thereof asking for the
|
establishment and maintenance of a public library in such
|
incorporated town, village or township, the clerk shall certify |
the question of
whether to establish and maintain a public |
library to the proper election
authorities who shall submit the |
question at a regular election in accordance
with the general |
election law.
|
The petition shall specify the maximum library tax rate, if |
the rate
is to be in excess of .15%. In no case shall the rate |
specified in the
petition be in excess of .60% of the value as |
equalized and assessed by
the Department of Revenue. The |
proposition shall be in
substantially the following form:
|
-------------------------------------------------------------
|
Shall a public library be established YES
|
and maintained in (name of incorporated --------------------
|
town, village or township)? NO
|
-------------------------------------------------------------
|
If the petition specified a maximum tax rate in excess of |
the
statutory maximum tax rate of .15%, the proposition shall |
be in
substantially the following form:
|
-------------------------------------------------------------
|
Shall a public library be
|
established and maintained in (name of
|
incorporated town, village or township), YES
|
with a maximum annual public library tax --------------------
|
rate at. % of the value of all taxable NO
|
property as equalized and assessed by the
|
Department of Revenue?
|
-------------------------------------------------------------
|
If the majority of all votes cast in the incorporated town, |
village or
township on the proposition are in favor of a public |