[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0368
SB598 Enrolled LRB9207661MWmg
AN ACT concerning library districts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Library District Act of 1991 is
amended by changing Section 15-85 as follows:
(75 ILCS 16/15-85)
Sec. 15-85. Automatic disconnection from district.
(a) Any territory within a public library district that
is or has been annexed to a municipality (where that
municipality maintains a public library) is, by operation of
law, disconnected from the public library district as of the
January first next after the territory is annexed.
(b) A disconnection by operation of law under this
Section does not occur if, within 60 days after the
annexation, the public library district files with the
appropriate circuit court a petition alleging that the
disconnection will cause the territory remaining in the
district to be noncontiguous or that the loss of assessed
valuation by reason of the disconnection will impair the
ability of the district to render fully adequate library
service to the territory remaining in the district.
(c) When a petition is filed under subsection (b), the
court shall set it for hearing. At the hearing, the district
has the burden of proving the truth of the allegations in its
petition. In determining whether to grant the petition, the
court may consider at least the following factors:
(i) whether disconnection will cause the territory
remaining in the district to be noncontiguous;
(ii) whether the loss of assessed valuation by
reason of the disconnection will impair the ability of
the district to render fully adequate library service to
the territory remaining in the district;
(iii) the convenience of the residents of the
annexed territory and whether a plan exists enabling the
residents of the annexed territory to use either the
public library district facilities or the library
facilities of the city, village, or incorporated town to
which the territory has been annexed; and
(iv) whether the city, village, or incorporated
town has annexed any other territory within the district
within the preceding 2 years and the cumulative effect of
those annexations on the financial viability of the
district.
The Court may consider comments by the Illinois State
Library, the annexing municipality and its public library,
and the library system or systems to which the affected
libraries belong. This does not create a right of
intervention in these parties.
(d) After the hearing, the Court may grant the relief it
deems appropriate, including, but not limited to, any of the
following: (i) denial of the disconnection; (ii)
disconnection of the territory from the public library
district; (iii) disconnection of the territory from the
public library district in parts over a specific period of
time not to exceed 5 years; (iv) court approval of a
voluntary agreement between the parties that provides for the
sharing of real estate tax revenues from the annexed
territory for a limited period of time not to exceed 5 years
unless extended by mutual agreement of the parties; or (v)
submission of the question of disconnection of the territory
to the electors of the annexed territory at a referendum to
be held at the next general election in accordance with the
general election law. The proposition at such a referendum
shall be in substantially the following form:
Shall (describe annexed territory) be disconnected
from (name of public library district)?
If a referendum is held, the result of the election shall
be entered of record in the Court. If a majority of votes
cast upon the question in the annexed territory are for
disconnection of the annexed territory from the public
library district, the territory shall be disconnected from
the public library district.
(e) If there are any general obligation bonds of the
public library district outstanding and unpaid at the time
the territory is disconnected from the public library
district by operation of this Section, the disconnected
territory shall remain liable for its proportionate share of
that 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
until sufficient funds to retire the bonds have been
collected.
(f) 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 June 30, 2002.
(Source: P.A. 87-1277.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 25, 2001.
Approved August 15, 2001.
[ Top ]