Illinois General Assembly - Full Text of SB0650
Illinois General Assembly

Previous General Assemblies

Full Text of SB0650  99th General Assembly

SB0650eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB0650 EngrossedLRB099 06056 AWJ 26110 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5changing Section 16 as follows:
 
6    (70 ILCS 705/16)  (from Ch. 127 1/2, par. 37)
7    Sec. 16. Territory included within the limits of any fire
8protection district may be disconnected from the district and
9added to another district to which the territory is contiguous,
10in the manner hereinafter set forth; (1) if the territory would
11receive equal or greater benefits from the district to which it
12seeks to be transferred; (2) if the transfer will not cause the
13territory remaining in the district from which the transfer is
14to be made, to be noncontiguous; (3) if the transfer will not
15cause a serious injury to the district from which the transfer
16is to be made; and, (4) if the trustees of the district to
17which the transfer is sought to be made do not file a written
18refusal to accept the territory within the time hereinafter
19provided. For purposes of this Section, "serious injury"
20includes, but is not limited to, a loss of real estate tax
21revenues by the district from which the transfer is sought of
2210% or more by reason of the disconnection. If a court should
23find any of the above items (1), (2), (3), or (4) not to be

 

 

SB0650 Engrossed- 2 -LRB099 06056 AWJ 26110 b

1true, then the petition to transfer territory from a district
2shall be dismissed.
3    Territory disconnected pursuant to this Section shall
4remain liable for its proportionate share of the bonded
5indebtedness outstanding as of the date of disconnection, if
6any, of the district from which it was disconnected and shall
7assume a proportionate share of the bonded indebtedness, if
8any, of the district to which it is transferred.
9    One per cent or more of the legal voters residing within
10the limits of the territory proposed to be transferred may file
11a petition, in the court of the county where the district to
12which it seeks to be transferred is organized, setting forth:
13the description of the territory sought to be transferred; that
14the territory would receive equal or greater benefits by the
15transfer; that the transfer will not cause a serious injury to
16the district or districts from which the transfer is proposed
17to be made; and the amount of any outstanding bonded
18indebtedness against the district or districts in which the
19territory is then situated which has been incurred pursuant to
20this Act; and praying that the question whether the transfer
21shall be made, and whether the voters of such territory shall
22remain liable for a proportionate share of the bonded
23indebtedness outstanding as of the date of disconnection, if
24any, of the district from which it was disconnected and also
25assume a proportionate share of the bonded indebtedness, if
26any, of the district to which the transfer is to be made, be

 

 

SB0650 Engrossed- 3 -LRB099 06056 AWJ 26110 b

1submitted to the voters of the territory sought to be
2transferred.
3    Upon the filing of the petition, the court shall set a day
4for hearing, not less than 2 weeks nor more than 4 weeks from
5the filing thereof, and the court, or the circuit clerk or
6sheriff upon order of the court, (i) shall give 2 weeks notice
7of such hearing in one or more daily or weekly newspapers of
8general circulation in the county or in each county wherein the
9district or districts from which the territory sought to be
10transferred is organized and by posting at least 10 copies of
11the notice in conspicuous places in the district or in each of
12the districts from which the territory is sought to be
13transferred, (ii) shall cause a copy of the notice to be
14personally served upon each trustee of the district from which
15the transfer is sought to be made, and (iii) in addition shall
16cause a copy of the notice to be personally served upon each of
17the trustees of the district to which the transfer is sought to
18be made at least one week before the date set for the hearing,
19and in the notice, or in any accompanying notice to be served
20upon the Trustees at the same time, a recital shall be made
21stating that the Trustees may at any time prior to the date of
22the hearing, or within such additional time as may be granted
23by the court upon request in writing filed on or before such
24date, file a written refusal to accept the territory as a part
25of their district, provided, that such notification need not be
26given to the trustees if they file in the proceeding their

 

 

SB0650 Engrossed- 4 -LRB099 06056 AWJ 26110 b

1written appearances or written consent to a transfer of the
2territory to their district. Both the fire protection district
3from which the territory seeks to be transferred and the fire
4protection district to which the territory seeks to be
5transferred are necessary parties in any action to disconnect
6under this Section.
7    At any time prior to the date set for the hearing, or
8within such additional time as may be granted by the court, the
9trustees of the district to which the transfer is sought to be
10made may file a written refusal to accept the territory as a
11part of their district and in case of such refusal the court
12shall enter an order dismissing the petition for the transfer.
13The trustees may withdraw their refusal at any time prior to
14the entry of an order dismissing the petition. In case the
15trustees fail to file a written refusal within the time
16hereinbefore authorized, they shall be deemed to have consented
17to a transfer of the territory to their district, and consent
18once given may not be withdrawn without leave of court for good
19cause shown. In case of such consent, the court shall proceed
20with the matter as herein provided but if the court finds that
21any of the conditions herein required for the making of a
22transfer do not exist it shall enter an order dismissing the
23petition. In taking any action upon the petition the findings
24of the court shall be filed of record in the case.
25    All property owners in the district from which the transfer
26is sought and all persons interested therein, may file

 

 

SB0650 Engrossed- 5 -LRB099 06056 AWJ 26110 b

1objections, and at the hearing may appear and contest the
2transfer and the matters averred in the petition, and both
3objectors and petitioners may offer any competent evidence in
4regard thereto. In addition, all persons residing in or
5interested in any of the property situated in the territory
6sought to be transferred shall have an opportunity to be heard
7touching the location and boundary of the territory to be voted
8upon for such transfer, and may make suggestions regarding the
9same.
10    If the court shall, upon hearing the petition, find that
11the territory described in the petition would receive equal or
12greater benefits by being so transferred and meet the
13conditions hereinbefore set forth, it shall certify to the
14proper election officials the question of whether the territory
15shall be transferred, and its order, and such officials shall
16submit that question at an election in such territory in
17accordance with the general election law. The proposition shall
18be in substantially the following form:
19-------------------------------------------------------------
20   For making the transfer from the
21 ..... Fire Protection District to the
22 ..... Fire Protection District, remaining
23 liable for a proportionate share of the
24 bonded indebtedness outstanding as of the
25 date of disconnection, if any, of the district
26 from which disconnection is proposed and also

 

 

SB0650 Engrossed- 6 -LRB099 06056 AWJ 26110 b

1 assuming a proportionate share of the bonded
2 indebtedness, if any, of the district
3 to which transfer is proposed.
4-------------------------------------------------------------
5   Against making the transfer from the
6 ..... Fire Protection District to the
7 ..... Fire Protection District, remaining
8 liable for a proportionate share of the
9 bonded indebtedness outstanding as of the
10 date of disconnection, if any, of the district
11 from which disconnection is proposed and also
12 assuming a proportionate share of the bonded
13 indebtedness, if any, of  the district
14 to which transfer is proposed.
15-------------------------------------------------------------
16    If a majority of the votes cast upon the question of making
17the transfer shall be in favor of the transfer, the territory
18shall thenceforth cease to be a part of the fire protection
19district or districts to which it has been attached and shall
20become an integral part of the fire protection district to
21which the transfer shall have been sought and shall be subject
22to all the enjoyments and responsibilities of the latter
23district. In each case in which a transfer is effected pursuant
24to the provisions hereof, the circuit clerk in whose court the
25transfer proceedings have been conducted, shall certify copies
26of all orders entered in effecting such transfer and file or

 

 

SB0650 Engrossed- 7 -LRB099 06056 AWJ 26110 b

1send them to the proper county clerk or clerks for filing and
2to the Office of the State Fire Marshal.
3(Source: P.A. 94-806, eff. 1-1-07.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.