(70 ILCS 705/19) (from Ch. 127 1/2, par. 38.2)
Sec. 19.
Territory may be disconnected from a fire protection district
in the manner provided by this section but only (1) when the territory
comprised of property of a majority of the property owners of the fire
protection
district has been annexed to a city, village or incorporated town, (2) when
such annexing city, village or incorporated town has, prior to the filing
of a petition to disconnect, agreed by ordinance to assume all the bonded
indebtedness and other debts of the fire protection district and to provide
fire protection service to the unannexed portion of the district, which
service shall be at least the equivalent of the service being rendered by
the fire protection district and has agreed to take over all property, assets
and equipment of the fire protection district, and (3) at least one per
cent of the electors of the fire protection district petition for disconnection
in the court in which such district originally petitioned for formation.
The petition shall set forth (1) the description of the fire protection
district sought to be disconnected, (2) that the territory comprised of
a majority of the property owners of the district has been annexed to a
city, village or incorporated town, (3) that the annexing city, village
or incorporated town has, prior to the filing of the petition, agreed by
ordinance to assume all the bonded indebtedness and other debts of the district
and to provide fire protection service to the unannexed portion of the
district, which service shall be at least the equivalent of the service being
rendered
by the fire protection district and has agreed to take over all property,
assets and equipment of the district, and (4) that at least one per cent
of the electors of the district have signed the petition.
Upon the filing of the petition, the court shall set a day for hearing,
not less than 2 weeks nor more than 4 weeks from the filing thereof, and
the court, or the circuit clerk or sheriff upon order of the court, shall
give a ten days notice of such hearing in one or more daily or weekly
newspapers
of general circulation in the county, or in each county wherein the district
is organized and by posting at least 10 copies of the notice in conspicuous
places in the district.
If the court finds that any of the conditions herein required for the
disconnection do not exist it shall enter an order dismissing the petition.
In taking any action upon the petition the findings of the court shall be filed
of record in the court. All property owners
in the district and all persons interested therein, may file objections,
and at the hearing may appear and contest the requested disconnection and
the matters averred in the petition, and both objectors and petitioners
may offer any competent evidence in regard thereto.
If the court finds, upon hearing the petition, that the petition meets
the conditions hereinbefore set forth, it shall certify to the proper election
officials its order and the question of whether the territory shall be
disconnected
and such election officials shall submit that question at an election in
such district in accordance with the general election law. The proposition
shall be in substantially the following form:
-------------------------------------------------------------- Shall the territory described as YES ......... be disconnected from the ---------------------- ......... Fire Protection District. NO--------------------------------------------------------------
If a majority of the vote cast upon the question shall be in favor of
disconnection, the annexed territory shall be disconnected from the fire
protection district
and all debts and liabilities and property of the fire protection district
shall be taken over by the annexing city, village or incorporated town.
The annexing city, village or incorporated town shall enter into a written
agreement with the fire protection district that said city, village or
incorporated
town shall provide fire protection service to the remaining portion of the
fire protection district, which service shall be at least the equivalent
of the service rendered by the
said fire protection district. The fire protection district shall continue
in existence and continue to levy and extend taxes upon the remaining portion
of the district at the same rate as levied and extended in the year prior
to the disconnection, excluding, however, the amount of taxes levied in
the prior year for payment of a bonded indebtedness, which tax moneys, after
deducting the necessary operating expenses of the fire protection district,
shall be paid to the annexing municipalities as a consideration for the
providing of the fire protection service. Elections under this section shall
not be held more often than once every 2 years.
If the entire territory served by a fire protection district is annexed
to a city, village or incorporated town providing fire protection as a
municipal function, the said fire protection district shall cease to operate
and be
dissolved if the annexing municipality adopts an ordinance providing that
it will provide fire protection service to the entire area of the fire
protection district, which service would be at least the equivalent of the
service
rendered by the fire protection district and would assume, take over and
pay all outstanding bonded indebtedness and legal obligations of the fire
protection district. In the event of the filing of such an ordinance the
fire protection district shall then pass an ordinance dissolving the district
and turn over to the annexing municipality at no cost all of the real and
personal property owned by the fire protection district. The trustees of
the fire protection district shall do and perform all acts necessary to
transfer all of the property of the fire protection district to the
municipality and the governing body of the municipality
shall do and perform all acts necessary to assume and pay all of the bonded
indebtedness and other obligations of the fire protection district.
(Source: P.A. 83-343.)
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