(70 ILCS 705/19a) (from Ch. 127 1/2, par. 38.2a)

Sec. 19a.

(a) In any county having a population of
more than 600,000 but less than 1,000,000, territory located within the
corporate limits of any municipality and which
is included within the limits of any fire protection district may be disconnected
from the district and transferred to another district providing fire protection
service within such municipality and to which the territory is contiguous,
in the manner hereinafter set forth, if: (1) the municipality does not provide
fire protection service; (2) the territory comprises all of that portion
of a fire protection district located within such municipality; (3) the
territory would receive equal or greater benefits from the district to which
it seeks to be transferred; (4) the district to which the transfer is sought
to be made provides fire protection service to more than 70% of the territory
of the municipality; and (5) the trustees of the district to which the transfer
is sought to be made do not file a written refusal to accept the territory
within the time hereinafter specified.

(b) Territory disconnected pursuant to this Section 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,
and shall assume a proportionate share of the bonded indebtedness, if any,
of the district to which it is transferred.

(c) Five percent or more of the legal voters residing within the limits
of the territory proposed to be transferred may file a petition, in the
court of the county where the district to which it seeks to be transferred
is organized, setting forth: the description of the territory sought to
be transferred; that the territory is located within the corporate limits
of a municipality; that the district to which the transfer is sought provides
fire protection service within such municipality; that the territory is
contiguous to the district to which the transfer is sought to be made; that
such municipality does not provide fire protection service; that the territory
comprises all of that portion of a fire protection district located within
such municipality; that the territory will receive equal or greater benefits
from the district to which it seeks the transfer; that the district to which
the transfer is sought to be made provides fire protection service to more
than 70% of the territory of such municipality; and the amount of any outstanding
bonded indebtedness against the district or districts in which the territory
is then situated which has been incurred pursuant to this Act; and praying
that the question whether the transfer shall be made, and whether the voters
of such territory shall remain liable for a proportionate share of the bonded
indebtedness outstanding as of the date of the transfer, if any, of the
district from which it was transferred and also assume a proportionate share
of the bonded indebtedness, if any, of the district to which the transfer
is to be made, be submitted to the voters of the territory sought to be transferred.

(d) Upon the filing of the petition, the court shall set a day for hearing,
not less than 2 weeks nor more than 4 weeks from the filing thereof, and
the court, or the circuit clerk or sheriff upon order of the court, shall
give 2 weeks notice of such hearing in one or more daily or weekly newspapers
of general circulation in the county or in each county wherein the district
or districts from which the territory sought to be transferred is organized,
and by posting at least 10 copies of the notice in conspicuous places in
the district or in each of the districts from which the territory is sought
to be transferred, and in addition shall cause a copy of the notice to be
personally served upon each of the trustees of the district to which the
transfer is sought to be made at least one week before the date set for
the hearing.  In such notice, or in any accompanying notice to be served
upon the trustees at the same time, a recital shall be made stating that
the trustees may at any time prior to the date of the hearing, or within
such additional time as may be granted by the court upon request in writing
filed on or before such date, file a written refusal to accept the territory
as part of their district.  However, such notification need not be given
to the trustees if they file in the proceeding their written appearances
or written consent to a transfer of the territory to their district.

(e) 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 to which
the transfer is sought to be made may file a written refusal to accept the
territory as part of their district and in case of such refusal the court
shall enter an order dismissing the petition for the transfer.  The trustees
may withdraw their refusal at any time prior to the entry of an order dismissing
the petition.  In case the trustees fail to file a written refusal within
the time hereinbefore authorized, they shall be deemed to have consented
to a transfer of the territory to their district, and consent once given
may not be withdrawn without leave of court for good cause shown.  In case
of such consent, the court shall proceed with the matter as herein provided,
but if the court finds that any of the conditions herein required for the
making of a transfer do not exist it shall enter an order dismissing the
petition.  In taking any action upon the petition, the findings of the court
shall become a part of the court record in the case.

(f) All property owners in the district from which the transfer is sought,
and all persons interested therein, may file objections, and at the hearing
may appear and contest the transfer and the matters averred in the petition, and
objectors and petitioners may offer any competent evidence in regard thereto.
In addition, all persons residing in or interested in any of the property
situated in the territory sought to be transferred shall have an opportunity
to be heard regarding the location and boundary of the territory to be voted
upon for such transfer, and may make suggestions about such matters.

(g) If the court shall, upon hearing the petition, find that the territory
described in the petition would receive equal or greater benefits by being
so transferred and meet the conditions hereinbefore set forth, it shall
certify to the proper election officials the question of whether the territory
shall be transferred, and its order, and such 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:

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For making the transfer from the
.......... Fire Protection
District to the .......... Fire
Protection District, remaining liable
for a proportionate share of the bonded
indebtedness outstanding as of the date
of disconnection, if any, of the district
from which disconnection is proposed,
and also assuming a proportionate
share of the bonded indebtedness, if
any, of the district to which transfer
is proposed.

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Against making the transfer from
the .......... Fire Protection
District to the ..........
Fire Protection District, remaining
liable for a proportionate share of
the bonded indebtedness outstanding
as of the date of disconnection, if
any, of the district from which
disconnection is proposed, and also
assuming a proportionate share of the
bonded indebtedness, if any, of the
district to which the transfer is proposed.

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(h) If a majority of the votes cast upon the question of making the transfer
shall be in favor of the transfer, the territory shall thenceforth cease
to be a part of the fire protection district or districts to which it has
been attached and shall become an integral part of the fire protection district
to which the transfer shall have been sought and shall be subject to all
the enjoyments and responsibilities of the latter district.  In each case
in which a transfer is
effected pursuant to the provisions hereof, the circuit clerk in whose court
the transfer proceedings have been conducted shall certify copies of all
orders entered in effecting such transfer and file or send them to the proper
county clerk or clerks for filing and to the Office of the
State Fire Marshal.

(Source: P.A. 85-556.)