(75 ILCS 16/15-90)
Sec. 15-90.
Transfer of contiguous territory to adjoining district.
(a) Territory that is in a public library district and contiguous with
another library district may be transferred to the latter district. Upon the
mutual agreement of the boards of trustees of the contiguous districts to the
transfer of the territory, each board shall enact a transfer ordinance
containing identical language describing the territory to be transferred, the
effective date of the transfer, a statement of the assets and liabilities, if
any, that are a responsibility of the transferred territory, and the settlement
of any excess of assets or liabilities.
(b) A copy of the transfer ordinance shall be filed with the
circuit court of the county that contains all or the larger part of the
territory. Upon receiving the ordinance, the circuit court shall enter an
order setting forth the date, time, and place of a hearing upon the subject
matter of the ordinance, name the judge to hear the cause, and send notice of
the date, time, and place of the hearing and of the judge assigned to the
president of the board of trustees of each of the involved public library
districts and to the secretary of the board of trustees of the public library
district containing the territory proposed to be transferred. The date set for
the hearing shall be not less than 30 days nor more than 60 days after the
circuit court enters the order for the hearing. The secretary of the board of
trustees of the public library district containing the territory proposed to be
transferred shall, within 15 days of the secretary's receipt of the circuit
court's notice of the hearing, publish notice of the hearing as provided in
Section 1-30.
(c) At the hearing before the assigned judge of the circuit court, the
validity of the ordinance, including substantiation of the required
allegations in the petition, the appropriateness of the location and
boundary of the territory to be voted upon for transfer, and
other relevant matters shall be considered. All persons residing
in the territory to be transferred, all other persons having an interest in
the proposed transfer, and the boards of trustees of the involved library
districts shall have a reasonable opportunity to be heard upon the subject
of the proposed transfer. The judge's determination of the
appropriateness of the boundary of the territory proposed to be transferred
shall include the following factors:
(1) The location of the residents in relationship to |
The judge, after hearing the statements, evidence, and suggestions of the
persons appearing at the hearing, shall determine (i) whether the ordinance is
valid and sufficient according to law and (ii) whether the territory to be
transferred would receive substantially equal or greater benefits by being
transferred. If the transfer ordinance is found to be
valid and sufficient, and the territory to be transferred would receive
substantially equal or greater benefits by being so transferred, the judge
shall enter a final judgement to transfer the territory.
(d) The judge assigned to the case shall, after a hearing upon the merits,
enter an order revising the boundaries of the district and setting forth
the liability, if any, yet to be retired and paid by the property owners
of the transferred territory. The liability shall be collected
under Section 35-15.
(e) If there are any general obligation bonds of the public library
district (or other obligations incurred instead of general obligation
bonds under this Act) that are outstanding and unpaid at the time the territory
is transferred from the public library district under this Section, the
territory shall remain liable for its proportionate share of the bonded
indebtedness or other outstanding obligation incurred instead of 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 or satisfying the other outstanding obligations until sufficient
funds to retire the bonds or to satisfy the other outstanding obligations have
been collected.
(e-5) 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 December 31, 2000.
(f) The district secretary shall record a certified copy of the transfer
order with the recorder and file a certified copy with the county clerk of each
county affected.
(Source: P.A. 91-868, eff. 6-22-00.)
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