(70 ILCS 705/21) (from Ch. 127 1/2, par. 38.4)
Sec. 21.
The territory of a fire protection district within the limits of
any city, village or incorporated town may be disconnected from the
district in the manner hereinafter provided; (1) if more than 50% of the
total territory of the fire protection district is within the limits of the
same city, village or incorporated town filing the petition for
disconnection; (2) if such municipality, prior to the filing of a petition
to disconnect, assumes by ordinance all the bonded indebtedness and other
debts of the fire protection district; and, (3) if such municipality, prior
to the filing of such petition, assumes by ordinance the obligation of
providing fire protection service to the remaining territory of the fire
protection district equivalent to the service being rendered by such
district.
The municipality containing more than 50% of the fire protection
district's territory may file a petition for disconnection in the circuit
court of the county where the district was organized, setting forth: the
description of the territory sought to be disconnected; that such territory
consists of more than 50% of the total territory of the fire protection
district; and that the necessary municipal ordinances have been passed to
assume the indebtedness of the fire protection district and the obligation
of furnishing equivalent fire protection service for the remaining
territory of such district.
Upon the filing of the petition, the court shall set a day for hearing,
not less than 4 weeks nor more than 8 weeks from the date
of filing
thereof, and the court, or the clerk or sheriff upon order of the court,
shall give a 21 day notice of the 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.
The notice must describe the proposed disconnection and must state that the
disconnection will occur if the conditions required by this Section are met
unless a
petition signed by no fewer than 1% of the registered voters in the district is
filed
requesting that the question of disconnection be submitted to the voters of the
district is
filed with the court at or before the hearing. The clerk of the court must
provide a petition
form to any individual requesting one.
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, upon hearing the petition,
finds that any of the conditions in this Section
required for the
disconnection do
not exist, it shall enter an order dismissing the petition. If the
petition satisfies the conditions and no petition requesting a
referendum is filed with the court, the court shall enter the
appropriate
order
for disconnection.
If, however, at or before the hearing a petition is filed with the court,
signed by no fewer
than 1% of the registered voters in the district, asking that the question of
disconnection
be submitted to the voters of the district, the court shall certify the
question to the proper
election authority, which shall submit the question at an election in
accordance with the
Election Code.
The question shall be submitted in substantially the following form:
Shall the territory of the (name of district) located |
The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question vote in the affirmative,
the court
shall enter an order of disconnection. If a majority of the voters voting on
the question
vote in the negative, the court shall dismiss the petition and no petition
seeking
disconnection may be filed for a period of 3 years after the court enters its
order dismissing the petition.
The provisions of this amendatory Act of the 91st General Assembly do not
apply to any proceeding
for
a disconnection for which the court has entered an order of disconnection on or
before
the effective date of this amendatory Act of the 91st General Assembly.
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 municipality obligated to provide the fire protection service as a
consideration for the providing of such service. The title to all property,
assets and equipment of the district is transferred to such municipality
and is vested therein, to be held, however, for the same purposes and uses,
and subject to the same conditions as before the transfer.
(Source: P.A. 91-944, eff. 2-9-01.)
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