093_HB0120ham003
LRB093 03770 MKM 14022 a
1 AMENDMENT TO HOUSE BILL 120
2 AMENDMENT NO. . Amend House Bill 120 on page 1,
3 immediately below line 28, by inserting the following:
4 "Section 10. The Fire Protection District Act is amended
5 by changing Section 15 as follows:
6 (70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
7 Sec. 15. Whenever any property within a fire protection
8 district, organized under this Act, does not have the
9 territorial qualifications described in Section 1 of this
10 Act, or is not reasonably protected by the district from the
11 hazards of fire or would receive greater benefit of service
12 from another such district or other municipal corporation,
13 any legal voter within such district or the owner or owners
14 of such property may detach and disconnect such property from
15 such fire protection district in the following manner:
16 The owner or owners of such property within such fire
17 protection district or any legal voter within such district
18 may file his petition in the court in which such district was
19 organized setting forth therein the description of the
20 property sought to be detached and disconnected, a statement
21 that the detachment and disconnection will not cause the
22 territory remaining in the district to be noncontiguous; that
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1 the loss of assessed valuation by reason of the disconnection
2 of such territory will not impair the ability of the district
3 to render fully adequate fire protection service to the
4 territory remaining with the district; that the territory
5 will remain liable for its proportionate share of any
6 outstanding bonded indebtedness of the district; and
7 alleging facts in support of such detachment and
8 disconnection, and praying that such property be detached and
9 disconnected from such fire protection district. The
10 petition shall be signed and sworn to by the petitioner or
11 petitioners. For the purpose of meeting the requirement of
12 this Section that the detachment and disconnection will not
13 cause the remaining territory to be noncontiguous, territory
14 shall be considered to be contiguous if the only separation
15 between parts of the territory is land owned by the United
16 States, the State of Illinois, any agency or instrumentality
17 of either, or any regional airport authority. Upon the
18 filing of such petition, the court shall set the same for
19 hearing on a day not less than 2 weeks nor more than 4 weeks
20 from the filing thereof and shall give 2 weeks notice of such
21 hearing in the manner provided in Section 1 of this Act. The
22 fire protection district shall be a necessary party to the
23 proceedings and it shall be served with summons in the manner
24 prescribed for a party defendant under the Civil Practice
25 Law. All property owners in such district, the district from
26 which such transfer of territory is to be made, and all
27 persons interested therein may file objections, and at the
28 hearing may appear and contest the detachment and
29 disconnection of the property from such fire protection
30 district, and both objectors and petitioners may offer any
31 competent evidence in regard thereto. If the court, upon
32 hearing such petition, finds that the petition complies with
33 this Act and that the allegations of the petition are true
34 the court shall enter an order detaching and disconnecting
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1 such property from such district, and thereupon such property
2 shall cease to be a part of such fire protection district,
3 except that the property remains liable for its proportionate
4 share of any outstanding bonded indebtedness of the
5 district. The circuit clerk shall transmit a certified copy
6 of the order to the county clerk of each county in which any
7 of territory affected is situated and to the Office of the
8 State Fire Marshal.
9 (Source: P.A. 91-323, eff. 1-1-00.)".