|
|
||||
| Public Act 096-0249 |
||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Public Library District Act of 1991 is | ||||
amended by changing Section 15-85 as follows:
| ||||
(75 ILCS 16/15-85)
| ||||
Sec. 15-85. Automatic disconnection from district.
| ||||
(a) Any territory within a public library district that is | ||||
or
has been annexed to a municipality (where that municipality | ||||
maintains a
public library) is, by operation of law, | ||||
disconnected from the public
library district as of the January | ||||
first next after the territory is annexed. | ||||
(a-5) If at anytime prior to, on, or after the effective | ||||
date of this amendatory Act of the 96th General Assembly, the | ||||
City of Springfield, Illinois, annexes territory within the | ||||
Chatham Area Public Library District, or any successor thereto, | ||||
for the development and construction of the proposed Hunter | ||||
Lake to serve as an additional water supply for the City of | ||||
Springfield and under subsection (a) that territory is | ||||
disconnected from the Chatham Area Public Library District, | ||||
then all remaining territory of the Chatham Area Public Library | ||||
District is nevertheless deemed contiguous for the purposes of | ||||
this Act. The remaining territory continues to be a part of the | ||||
Chatham Area Public Library District or any successor thereto.
| ||
(b) A disconnection by operation of law under this Section | ||
does not
occur if, within 60 days after the annexation, the | ||
public library
district files with the appropriate circuit | ||
court a petition alleging that the
disconnection will cause the | ||
territory remaining in the district to be
noncontiguous or that | ||
the loss of assessed valuation by reason of the
disconnection | ||
will impair the ability of the district to render fully
| ||
adequate library service to the territory remaining in the | ||
district.
| ||
(c) When a petition is filed under subsection (b), the
| ||
court shall set it for hearing. At the hearing, the district | ||
has the
burden of proving the truth of the allegations in its | ||
petition. In
determining whether to grant the petition, the | ||
court may
consider at least the following factors:
| ||
(i) whether disconnection will cause the territory
| ||
remaining in the district to be noncontiguous;
| ||
(ii) whether the loss of assessed valuation by reason | ||
of the disconnection
will impair the ability of the | ||
district to render fully adequate library
service to the | ||
territory remaining in the district;
| ||
(iii) the convenience of the residents of the
annexed | ||
territory and whether a plan exists enabling the residents | ||
of the
annexed territory to use either the public library | ||
district facilities or
the library facilities of the city, | ||
village, or incorporated town to which
the territory has | ||
been annexed; and
| ||
(iv) whether the city, village, or incorporated town | ||
has annexed any other
territory within the district within | ||
the preceding 2 years and the cumulative
effect of those | ||
annexations on the financial viability of the district.
| ||
The Court may consider comments by the Illinois State | ||
Library, the annexing
municipality and its public library, and | ||
the library system or systems to which
the affected libraries | ||
belong. This does not create a right of intervention in
these | ||
parties.
| ||
(d) After the hearing, the Court may grant the relief it | ||
deems
appropriate, including, but not limited to, any of the | ||
following: (i)
denial of the disconnection; (ii) disconnection | ||
of the territory from the
public library district; (iii) | ||
disconnection of the territory from the
public library district | ||
in parts over a specific period of time not to exceed
5 years; | ||
(iv) court approval of a voluntary agreement between the | ||
parties
that provides for the sharing of real estate tax | ||
revenues from the annexed
territory for a limited period of | ||
time not to exceed 5 years unless
extended by mutual agreement | ||
of the parties; or (v)
submission of the question of | ||
disconnection of the territory to the
electors of the annexed | ||
territory at a referendum to be held at the next
general | ||
election in accordance with the general election law. The
| ||
proposition at such a referendum shall be in substantially the | ||
following form:
| ||
Shall (describe annexed territory) be disconnected | ||
from (name of public
library district)?
| ||
If a referendum is held, the result of the election shall | ||
be entered of
record in the Court. If a majority of votes cast | ||
upon the question in the
annexed territory are for | ||
disconnection of the annexed territory from the
public library | ||
district, the territory shall be disconnected from the
public | ||
library district.
| ||
(e) If there are any general obligation bonds of the public | ||
library district
outstanding and unpaid at the time the | ||
territory is disconnected from the
public library district by | ||
operation of this Section, the disconnected
territory shall | ||
remain liable for its proportionate share of that bonded
| ||
indebtedness, and the public library district may continue to | ||
levy and extend
taxes upon the taxable property in the | ||
territory for the purpose of amortizing
the bonds until | ||
sufficient funds to retire the bonds have been collected.
| ||
(f) The county clerk must extend taxes to pay the principal | ||
of and
interest
on any general obligation bonds issued to | ||
refund any bond described in
subsection (e), as provided in the | ||
bond ordinances on file in the office of the
county clerk, | ||
against all taxable property in the district, including taxable
| ||
property that was in the district on the date that the bonds | ||
being refunded
were issued; provided, however, that (i) the net | ||
interest rate on the refunding
bonds may not exceed the net | ||
interest rate on the refunded
bonds, (ii) the final maturity | ||
date of the refunding bonds may not extend
beyond the final | ||
maturity date of the refunded bonds, and (iii) the debt
service | ||
payable on the refunding bonds in any year may not exceed the | ||
debt
service that would have been payable on the refunded bonds | ||
in that year. This
subsection is
inoperative after June 30, | ||
2002.
| ||
(Source: P.A. 92-368, eff. 8-15-01.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||