Full Text of SB2598 100th General Assembly
SB2598enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Protection District Act is amended by | 5 | | adding Sections 15c and 15d as follows: | 6 | | (70 ILCS 705/15c new) | 7 | | Sec. 15c. Disconnection of fire protection district | 8 | | territory within a home rule municipality. | 9 | | Whenever any property within a fire protection district is | 10 | | located in a home rule municipality that provides fire service | 11 | | to at least 80% of the territory within the municipality's | 12 | | corporate limits, the home rule municipality may detach and | 13 | | disconnect that property from the fire protection district in | 14 | | the following manner: | 15 | | The municipality may petition the court, setting forth in | 16 | | the petition the following: a description of the property | 17 | | sought to be detached and disconnected; a statement that the | 18 | | detachment and disconnection will not cause the property | 19 | | remaining in the district to be noncontiguous, that the loss of | 20 | | assessed valuation by reason of the disconnection of the | 21 | | described property will not impair the ability of the district | 22 | | to render fully adequate fire protection service to the | 23 | | property remaining with the district, that the property to be |
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| 1 | | detached and disconnected will remain liable for its | 2 | | proportionate share of any outstanding bonded indebtedness of | 3 | | the district, and that it is a home rule municipality that | 4 | | provides for its own fire service to at least 80% of the | 5 | | territory within the municipality; and asking that the | 6 | | described property be detached and disconnected from the fire | 7 | | protection district. The petition shall be signed and sworn to | 8 | | by the mayor or village president pursuant to a resolution of | 9 | | the corporate authorities of the municipality authorizing the | 10 | | filing of the petition. | 11 | | For the purpose of meeting the requirement of this Section | 12 | | that the detachment and disconnection will not cause the | 13 | | remaining property to be noncontiguous, property shall be | 14 | | considered to be contiguous if the only separation between | 15 | | parts of the property is land owned by the United States, the | 16 | | State, or any agency or instrumentality of either, or any | 17 | | regional airport authority. | 18 | | Upon the filing of the petition, the court shall set the | 19 | | same for hearing on a day not less than 2 weeks nor more than 4 | 20 | | weeks from the filing thereof and shall give 2 weeks' notice of | 21 | | such hearing in the manner provided in Section 1 of this Act. | 22 | | The 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 Law. | 25 | | All property owners in such district, the district from which | 26 | | the transfer of property is to be made, and all persons |
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| 1 | | interested therein may file objections, and at the hearing may | 2 | | appear and contest the detachment and disconnection of the | 3 | | property from the fire protection district, and both objectors | 4 | | and petitioners may offer any competent evidence in regard | 5 | | thereto. If the court, upon hearing such petition, finds that | 6 | | the petition complies with this Section 15c and that the | 7 | | allegations of the petition are true, the court shall enter an | 8 | | order detaching and disconnecting the property from the | 9 | | district, and upon entry of the order the property shall cease | 10 | | to be a part of the fire protection district and shall be | 11 | | serviced by the home rule municipality, except that the | 12 | | property remains liable for its proportionate share of any | 13 | | outstanding bonded indebtedness of the district. The circuit | 14 | | clerk shall transmit a certified copy of the order to the | 15 | | county clerk of each county in which any of the affected | 16 | | property is situated and to the Office of the State Fire | 17 | | Marshal. | 18 | | (70 ILCS 705/15d new) | 19 | | Sec. 15d. Disconnection of fire protection district | 20 | | territory by a municipality; economic impact analysis. | 21 | | (a) As used in this Section, "economic impact analysis" | 22 | | means a written report concerning the effect of a | 23 | | municipality's disconnection of territory located both within | 24 | | a municipality and a fire protection district. | 25 | | (b) Notwithstanding any other provision of law, a |
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| 1 | | municipality shall file an economic impact analysis with the | 2 | | county clerk of each county in which a fire protection district | 3 | | is located no less than 90 days prior to filing any action to | 4 | | disconnect territory located both within the municipality and | 5 | | the fire protection district. Each economic impact analysis | 6 | | shall include the following: | 7 | | (1) a statement of existing and projected residential, | 8 | | nonresidential, and commercial growth in the territory | 9 | | within the fire protection district sought to be | 10 | | disconnected by the municipality for a 10-year period, a | 11 | | 20-year period, and a 30-year period; | 12 | | (2) a statement of the costs of service incurred by the | 13 | | municipality in providing fire protection or emergency | 14 | | medical services after disconnecting the territory within | 15 | | the fire protection district; | 16 | | (3) a statement that the loss of assessed valuation by | 17 | | reason of the disconnection of the territory will not | 18 | | impair the ability of the fire protection district to | 19 | | render fully adequate fire protection service to the | 20 | | territory remaining with the district; | 21 | | (4) a statement of the probable positive or negative | 22 | | economic effect on businesses within the territory sought | 23 | | to be disconnected; and | 24 | | (5) a statement of the probable positive or negative | 25 | | economic effect on residents within the territory sought to | 26 | | be disconnected. |
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| 1 | | (c) Within 30 days after the filing of an economic impact | 2 | | analysis required by subsection (b), a municipality shall serve | 3 | | a copy of the economic impact analysis on the board of trustees | 4 | | of each impacted fire protection district by certified or | 5 | | registered mail. An affidavit that service of the economic | 6 | | impact analysis has been had as provided by this subsection | 7 | | must be filed with the clerk of the court in which the | 8 | | disconnection proceedings will be instituted. Disconnection of | 9 | | territory is not effective unless service is certified by | 10 | | affidavit filed as provided in this subsection. | 11 | | (d) The territory is disconnected from the Fire Protection | 12 | | District and annexed to the municipality effective on January 1 | 13 | | following the entry of a final court order finding that the | 14 | | petition meets the criteria set forth in this Section. | 15 | | (e) A municipality, including a home rule municipality, may | 16 | | not disconnect territory from a fire protection district in a | 17 | | manner inconsistent with this Section. This Section is a | 18 | | limitation under subsection (i) of Section 6 of Article VII of | 19 | | the Illinois Constitution on the concurrent exercise by home | 20 | | rule units of powers and functions exercised by the State.
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