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(70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
Sec. 15.
Whenever any property within a fire protection district,
organized under this Act, does not have the territorial qualifications
described in Section 1 of this Act, or is not reasonably protected by
the district from the hazards of fire or would receive greater benefit
of service from another such district or other municipal corporation,
any legal voter within such district or the owner or owners of such
property may detach and disconnect such property from such fire
protection district in the following manner:
The owner or owners of such property within such fire protection
district or any legal voter within such district may file his petition
in the court in which such district was organized setting forth therein
the description of the property sought to be detached and disconnected,
a statement that the detachment and disconnection will not cause the
territory remaining in the district to be noncontiguous; that the
loss of assessed valuation by reason of the disconnection of such
territory will not impair the ability of the district to render fully
adequate fire protection service to the territory remaining with the
district;
that the territory will remain liable for its proportionate share of any
outstanding bonded
indebtedness of the district;
and alleging facts in support of such detachment and
disconnection, and praying that such property be detached and
disconnected from such fire protection district. The petition shall be
signed and sworn to by the petitioner or petitioners.
For the purpose of meeting the requirement of this Section that the
detachment and disconnection will not cause the remaining territory to be
noncontiguous, territory shall be considered to be contiguous if the only
separation between parts of the territory is land owned by the United States,
the State of Illinois, any agency or instrumentality of either, or any regional
airport authority.
Upon the filing
of such petition, the court shall set the same for hearing on a day not
less than 2 weeks nor more than 4 weeks from the filing thereof and
shall give 2 weeks notice of such hearing in the manner provided in
Section 1 of this Act. The fire protection district shall be a necessary
party to the proceedings and it shall be served with summons in the manner
prescribed for a party defendant under the Civil Practice Law.
All property owners in such district, the
district from which such transfer of territory is to be made, and all
persons interested therein may file objections, and at the hearing may
appear and contest the detachment and disconnection of the property from
such fire protection district, and both objectors and petitioners may
offer any competent evidence in regard thereto. If the court, upon
hearing such petition, finds that the petition complies with this Act
and that the allegations of the petition are true the court shall enter
an order detaching and disconnecting such property from such district,
and thereupon such property shall cease to be a part of such fire
protection district, except that the property remains liable for its
proportionate share of any
outstanding
bonded indebtedness of the district.
The circuit clerk shall transmit a certified copy
of the order to the county clerk of each county in which any of
territory affected is situated and to the Office of the State Fire Marshal.
(Source: P.A. 93-304, eff. 7-23-03.)
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