Illinois General Assembly - Illinois Compiled Statutes

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70 ILCS 705/11b

(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)

Sec. 11b.

(a) In case any fire protection district organized hereunder is
coterminous with or includes within its corporate limits in whole or in
part any city, village or incorporated town authorized to provide
protection from fire and to regulate the prevention and control of fire
within such city, village or incorporated town and to levy taxes for any
such purposes, then such city, village or incorporated town shall not
exercise any such powers as necessarily conflict with the powers to be
exercised by such district in respect to such fire protection and
regulation within the fire protection district from and after the date
that it receives written notice from the State Fire Marshal
to cease or refrain from the operation of any fire
protection facilities and the exercise of such powers, which notice
shall be given only after the State Fire Marshal
has ascertained that the Fire Protection District has placed
its fire protection facilities in operation. Such city, village or
incorporated town shall not thereafter own, operate, maintain, manage,
control or have an interest in any fire protection facilities located
within the corporate limits of the fire protection district, except
water mains and hydrants and except as otherwise provided in this Act. Where any city, village, or
incorporated town with 500 or more residents is in fact owning, operating, and maintaining a fire department or fire departments located in whole or in part within or adjacent to
the corporate limits of a fire protection district organized under this Act, such city, village,
or incorporated town shall not cease operating and maintaining the  fire department or departments unless such proposed cessation of services is first submitted by
referendum to voters, as provided by Section 15b of this Act. In addition, where any city,
village, or incorporated town is in fact owning, operating, and maintaining a fire department or fire departments located within the corporate limits of a fire protection district organized under
this Act, such city, village, or incorporated town
 shall
be paid and reimbursed for its actual expenditures and for all existing
obligations incurred, including all pension and annuity plans applicable
to the maintenance of fire protection facilities theretofore made in
establishing such facilities and in acquiring, constructing, improving
or developing any such existing facilities in the manner provided for by
this Act. The terms of payment shall provide for reimbursement in full
within not less than 20 years from the date of such agreement.

(b) Notwithstanding subsection (a) of this Section, no fire protection district adjacent to any city, village, or incorporated town will be required to assume responsibility for fire protection or other emergency services to such city, village, or incorporated town which discontinues its municipal fire department under Section 15b of this Act unless the Board of Trustees of the adjacent fire protection district has by resolution, ordinance, or intergovernmental agreement, agreed to provide such services.

(Source: P.A. 98-666, eff. 1-1-15; 99-78, eff. 7-20-15; 99-837, eff. 8-19-16.)