Full Text of HB0975 94th General Assembly
HB0975ham001 94TH GENERAL ASSEMBLY
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Local Government Committee
Filed: 3/9/2005
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09400HB0975ham001 |
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LRB094 06076 AJO 40956 a |
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| AMENDMENT TO HOUSE BILL 975
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| AMENDMENT NO. ______. Amend House Bill 975 on page 1, line | 3 |
| 5 by replacing "Section 7" with "Sections 7 and 16"; and
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| on page 1, below line 25, by inserting the following:
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| "(70 ILCS 705/16) (from Ch. 127 1/2, par. 37)
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| Sec. 16. Territory included within the limits of any fire | 7 |
| protection district
may be disconnected from the district and | 8 |
| added to another district to which
the territory is contiguous, | 9 |
| in the manner hereinafter set forth; (1) if
the territory would | 10 |
| receive equal or greater benefits from the district
to which it | 11 |
| seeks to be transferred; (2) if the transfer will not cause
the | 12 |
| territory remaining in the district from which the transfer is | 13 |
| to be
made, to be noncontiguous; (3) if the transfer will not | 14 |
| cause a serious
injury to the district from which the transfer | 15 |
| is to be made; and, (4)
if the trustees of the district to | 16 |
| which the transfer is sought to be made
do not file a written | 17 |
| refusal to accept the territory within the time hereinafter
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| provided.
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| Territory disconnected pursuant to this Section shall | 20 |
| remain liable for
its proportionate share of the bonded | 21 |
| indebtedness outstanding as of the
date of disconnection, if | 22 |
| any, of the district from which it was disconnected
and shall | 23 |
| assume a proportionate share of the bonded indebtedness, if | 24 |
| any,
of the district to which it is transferred.
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LRB094 06076 AJO 40956 a |
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| One per cent or more of the legal voters residing within | 2 |
| the limits of
the territory proposed to be transferred may file | 3 |
| a petition, in the court
of the county where the district to | 4 |
| which it seeks to be transferred is
organized, setting forth: | 5 |
| the description of the territory sought to be
transferred; that | 6 |
| the territory would receive equal or greater benefits
by the | 7 |
| transfer; that the transfer will not cause a serious injury to | 8 |
| the
district or districts from which the transfer is proposed | 9 |
| to be made; and
the amount of any outstanding bonded | 10 |
| indebtedness against the district or
districts in which the | 11 |
| territory is then situated which has been incurred
pursuant to | 12 |
| this Act; and praying that the question whether the transfer
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| shall be made, and whether the voters of such territory shall | 14 |
| remain liable
for a proportionate share of the bonded | 15 |
| indebtedness outstanding as of the
date of disconnection, if | 16 |
| any, of the district from which it was disconnected
and also | 17 |
| assume a proportionate share of the bonded indebtedness, if | 18 |
| any,
of the district to which the transfer is to be made, be | 19 |
| submitted to the
voters of the territory sought to be | 20 |
| transferred.
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| Upon the filing of the petition, the court shall set a day | 22 |
| for hearing,
not less than 2 weeks nor more than 4 weeks from | 23 |
| the filing thereof, and
the court, or the circuit clerk or | 24 |
| sheriff upon order of the court, shall
give 2 weeks notice of | 25 |
| such hearing in one or more daily or weekly newspapers
of | 26 |
| general circulation in the county or in each county wherein the | 27 |
| district
or districts from which the territory sought to be | 28 |
| transferred is organized
and by posting at least 10 copies of | 29 |
| the notice in conspicuous places in
the district or in each of | 30 |
| the districts from which the territory is sought
to be | 31 |
| transferred, and in addition shall cause a copy of the notice | 32 |
| to be
personally served upon each of the trustees of the | 33 |
| district to which the
transfer is sought to be made at least | 34 |
| one week before the date set for
the hearing, and in the |
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LRB094 06076 AJO 40956 a |
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| notice, or in any accompanying notice to be served
upon the | 2 |
| Trustees at the same time, a recital shall be made stating that
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| the Trustees may at any time prior to the date of the hearing, | 4 |
| or within
such additional time as may be granted by the court | 5 |
| upon request in writing
filed on or before such date, file a | 6 |
| written refusal to accept the territory
as a part of their | 7 |
| district, provided, that such notification need not be
given to | 8 |
| the trustees if they file in the proceeding their written | 9 |
| appearances
or written consent to a transfer of the territory | 10 |
| to their district. Both the fire protection district from which | 11 |
| the territory seeks to be transferred and the fire protection | 12 |
| district to which the territory seeks to be transferred are | 13 |
| necessary parties in any action to disconnect under this | 14 |
| Section.
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| At any time prior to the date set for the hearing, or | 16 |
| within such additional
time as may be granted by the court, the | 17 |
| trustees of the district to which
the transfer is sought to be | 18 |
| made may file a written refusal to accept the
territory as a | 19 |
| part of their district and in case of such refusal the court
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| shall enter an order dismissing the petition for the transfer. | 21 |
| The trustees
may withdraw their refusal at any time prior to | 22 |
| the entry of an order dismissing
the petition. In case the | 23 |
| trustees fail to file a written refusal within
the time | 24 |
| hereinbefore authorized, they shall be deemed to have consented
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| to a transfer of the territory to their district, and consent | 26 |
| once given
may not be withdrawn without leave of court for good | 27 |
| cause shown. In case
of such consent, the court shall proceed | 28 |
| with the matter as herein provided
but if the court finds that | 29 |
| any of the conditions herein required for the
making of a | 30 |
| transfer do not exist it shall enter an order dismissing the
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| petition. In taking any action upon the petition the findings | 32 |
| of the court
shall be filed of record in the case.
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| All property owners in the district from which the transfer | 34 |
| is sought and
all persons interested therein, may file |
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LRB094 06076 AJO 40956 a |
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| objections, and at the hearing
may appear and contest the | 2 |
| transfer and the matters averred in the petition,
and both | 3 |
| objectors and petitioners may offer any competent evidence in | 4 |
| regard
thereto. In addition, all persons residing in or | 5 |
| interested in any of the
property situated in the territory | 6 |
| sought to be transferred shall have an
opportunity to be heard | 7 |
| touching the location and boundary of the territory
to be voted | 8 |
| upon for such transfer, and may make suggestions regarding the | 9 |
| same.
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| If the court shall, upon hearing the petition, find that | 11 |
| the territory
described in the petition would receive equal or | 12 |
| greater benefits by being
so transferred and meet the | 13 |
| conditions hereinbefore set forth, it shall
certify to the | 14 |
| proper election officials the question of whether the territory
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| shall be transferred,
and its order, and such officials shall | 16 |
| submit that question at an election
in such territory in | 17 |
| accordance with the general election law. The proposition
shall | 18 |
| be in substantially the following form:
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| -------------------------------------------------------------
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| For making the transfer from the
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| ..... Fire Protection District to the
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| ..... Fire Protection District, remaining
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| liable for a proportionate share of the
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| bonded indebtedness outstanding as of the
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| date of disconnection, if any, of the district
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| from which disconnection is proposed and also
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| assuming a proportionate share of the bonded
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| indebtedness, if any, of the district
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| to which transfer is proposed.
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| -------------------------------------------------------------
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| Against making the transfer from the
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| ..... Fire Protection District to the
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| ..... Fire Protection District, remaining
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| liable for a proportionate share of the
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LRB094 06076 AJO 40956 a |
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| bonded indebtedness outstanding as of the
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| date of disconnection, if any, of the district
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| from which disconnection is proposed and also
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| assuming a proportionate share of the bonded
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| indebtedness, if any, of the district
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| to which transfer is proposed.
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| -------------------------------------------------------------
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| If a majority of the votes cast upon the question of making | 9 |
| the transfer
shall be in favor of the transfer, the territory | 10 |
| shall thenceforth cease
to be a part of the fire protection | 11 |
| district or districts to which it has
been attached and shall | 12 |
| become an integral part of the fire protection district
to | 13 |
| which the transfer shall have been sought and shall be subject | 14 |
| to all
the enjoyments and responsibilities of the latter | 15 |
| district. In each case
in which a transfer is effected pursuant | 16 |
| to the provisions
hereof, the circuit clerk in whose court the | 17 |
| transfer proceedings have been conducted,
shall certify copies | 18 |
| of all orders entered in effecting such transfer and
file or | 19 |
| send them to the proper county clerk or clerks for filing and | 20 |
| to
the Office of the State Fire Marshal.
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| (Source: P.A. 85-556 .)".
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