(70 ILCS 705/16c) (from Ch. 127 1/2, par. 37c)
Sec. 16c.
Territory included within the limits of any fire protection
district may be disconnected from the district and organized in a new fire
protection district in the manner hereinafter set forth (1) if the territory
would receive equal or greater benefits from the district into which it
seeks to be organized; (2) if the disconnection will not cause the territory
remaining in the district from which the territory is to be disconnected,
to be noncontiguous; (3) if the trustees of the district from which the
territory is to be disconnected consent thereto; (4) if the territory to be
disconnected meets the requirements for organization as provided in Section 1
of this Act.
One percent or more of the legal voters residing within the limits of the
territory proposed to be disconnected and organized in a new district may file
a petition in the circuit court of the county where such territory is located
setting forth: (1) the description of the territory sought to be disconnected
and organized in a new district; (2) facts disclosing that the territory
described meets the requirements for organization of a new district as provided
in Section 1 of this Act; (3) that the territory would receive equal or greater
benefits from the district in which it seeks to be organized; (4) that the
disconnection will not cause the territory remaining in the district from which
the territory is to be disconnected, to be noncontiguous nor impair such
district from rendering fire protection service to the territory remaining in
the district; (5) that the trustees of the district from which the territory is
to be disconnected consent thereto (a certified copy of a resolution of the
trustees evidencing their consent to such disconnection and adopted not more
than 90 days prior to the filing of the petition shall be attached to and made
a part of the petition); and (6) the name of the proposed district; and
requesting that the question of whether the territory shall be disconnected
from the district in which it is presently situated and organized in a new
district be submitted to the voters of the territory sought to be disconnected.
Upon the filing of the petition, the court shall set a date for hearing
not less than 2 weeks, nor more than 4 weeks from the filing thereof, and
the court, or the clerk of the court, upon order of the court, shall give
2 weeks' notice of such hearing in one or more newspapers, either daily
or weekly, of general circulation in the district from which the territory
is sought to be disconnected and in the territory sought to be disconnected,
and by posting at least 10 copies of the notice in conspicuous places in
the district, and at least 10 copies of the notice in conspicuous places
in the territory which is sought to be disconnected therefrom, and, in
addition, shall cause a copy of the notice to be personally served upon
each of the trustees of the district from which the territory is sought
to be disconnected.
At any time prior to the date set for the hearing or within such additional
time as may be granted by the court, the trustees of the district from which
disconnection is sought may file a revocation of their consent to the proposed
disconnection and in case of such revocation of consent, the court shall
enter an order dismissing the petition for disconnection. The trustees may
withdraw their revocation or give their new consent to the disconnection
of the territory at any time prior to the entry of an order dismissing the
petition. In case no revocation of consent is filed, the court shall proceed
with the matter as herein provided, but if the court finds that any of the
conditions herein required for the disconnection and organization do not
exist, it shall enter an order dismissing the petition.
At the hearing any person residing in or having an interest in any of the
property sought to be disconnected may appear and be heard and both objectors
and petitioners may offer any competent evidence as to the matters averred
in the petition.
If the court shall, upon hearing the petition, find that the territory
described therein meets all of the conditions hereinbefore set forth and
complies with this Section, it shall certify to the proper election officials
the question of whether the territory shall be disconnected from the district
in which it is presently located and organized in a new fire protection
district, and its order, and such election officials shall submit that question
at an election in such territory in accordance with the general election
law. The proposition shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- For disconnecting from the.... fire protectiondistrict and organizing the.... fire protectiondistrict and retaining aproportionate share of thebonded indebtedness, if any,of the former district.--------------------------------------------------------------------------------------------------------------------- Against disconnecting from the.... fire protectiondistrict and organizing the.... fire protectiondistrict and retaining aproportionate share of thebonded indebtedness, if any,of the former district.---------------------------------------------------------------------------------------------------------------------
If a majority of the votes cast upon the question of disconnecting the
territory and organizing a new district shall be in favor of the disconnection
and organization, the territory shall thenceforth cease to be a part of
the fire protection district to which it was attached and shall become a
new fire protection district, provided that the disconnected territory shall
remain liable for its proportionate share of the bonded indebtedness
outstanding as of the date of disconnection, if any, of the district from which
it was disconnected. The court shall cause a written statement of the results
of such an election to be filed of record in the court and shall enter an order
accordingly, and shall also cause to be sent to the county clerk of all
counties in which any portion of the new district lies and to the Office of the
State Fire Marshal a certified copy of the order organizing such district and a
plat of the same indicating what lands of the district lie in such county or
counties. The new district shall be organized and the trustees appointed in
the same manner as provided in Section 4, and such district and its trustees
shall have like powers and responsibilities as any new district organized under
this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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