(70 ILCS 705/14.14) (from Ch. 127 1/2, par. 34.14)
Sec. 14.14.
(a) In a county having a population of between 500,000 and
750,000, territory within the boundaries of a non-home rule municipality
that receives fire protection services from more than a single fire
protection district may be disconnected from one fire protection district
and transferred to the district that provides services to the area
comprising more than 80% of the municipality's assessed valuation. To
disconnect that territory, the board of trustees of one of the affected
districts, the corporate authorities of the municipality, or 5% of the
owners of property within the territory to be disconnected may file a
petition in the court in which the district (from which disconnection is
sought) was organized, setting forth the following:
(1) The description of the territory sought to be |
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(2) A statement that:
(A) more than 80% of the assessed valuation of
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| the municipality lies within one district;
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(B) more than 90% of the residents of the
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| municipality reside within that same district;
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(C) the territory to be transferred contains less
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| than 10% of the total assessed valuation and total number of residents of the affected district;
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(D) the territory to be transferred consists of
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| all the territory within the municipality serviced by the district from which disconnection is sought;
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(E) the district to which the territory is to be
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| transferred agrees to the transfer, as evidenced by passage of a resolution by its board of trustees;
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(F) the transfer will not impair the ability of
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| the affected districts to render fully adequate fire protection services to their residents; and
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(G) the transfer will not cause the territory
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| within the affected districts to be noncontiguous.
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(3) That a response-time study has been conducted and
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| the study is attached to the petition. The study must, at a minimum, provide estimated response times from the current fire protection district to the territory and estimated response times of the other fire protection district to the territory.
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(b) The petition praying that the territory be transferred shall be
signed and sworn to by the petitioner or petitioners. Upon the filing of
the petition, the court shall set the petition for hearing on a day not
less than 2 weeks or more than 4 weeks from the date of filing the
petition. The court shall give 2 weeks notice of the hearing in the manner
provided in Section 1 of this Act. The municipality and affected districts
shall be necessary parties to the proceedings and shall be served with
summons in the manner prescribed for a party defendant under the Civil
Practice Law.
(c) Any property owner in the municipality or the affected districts
may file objections and at the hearing may appear and contest the transfer
and the matters averred in the petition, and both the objectors and
petitioners may offer any competent evidence in regard to the petition.
(d) If the court, upon hearing the petition, finds that the allegations
contained in the petition are true, then the court shall enter an order
transferring the property. Thereupon, the territory shall cease to be a
part of the fire protection district in which the territory lies. The
circuit clerk shall transmit a certified copy of the order to the county
clerk and to the Office of the State Fire Marshal.
(e) The territory to be transferred shall remain liable for its
proportionate share of outstanding bonded indebtedness, if any, of the
district from which it is transferred as of the date of transfer.
(Source: P.A. 102-574, eff. 1-1-22 .)
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