(b) Territory disconnected under 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.
(c) Five per cent 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 municipality to which it seeks to be transferred
is located, setting forth the following: the description of the territory
sought to be transferred and the amount of any outstanding bonded
indebtedness against the district in which the territory is then situated
that has been incurred under 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 disconnection, if any, of the
district from which it was disconnected, 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 of the
petition, and the court, or the circuit clerk or sheriff upon order of the
court, shall give 2 weeks notice of the hearing in one or more daily or
weekly newspapers of general circulation in the county or in each county
where the district 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 from which the territory is sought to be
transferred. In addition, the court shall cause a copy of the notice to be
personally served upon the corporate authorities of the municipality to which
the transfer is sought at least one week before the date set for the hearing,
and in the notice, or in any accompanying notice to be served upon the
corporate authorities at the same time, a recital shall be made stating
that the corporate authorities may at any time before 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 that date, file a written refusal to
accept the territory as a part of their municipality. The notification
need not be given to the corporate authorities if they file in the
proceeding their written appearances or written consent to the transfer.
(e) At any time before the date set for the hearing, or within such
additional time as may be granted by the court, the corporate authorities
of the municipality to which the transfer is sought to be made may file a
written refusal to accept the transfer, and in case of their refusal the
court shall enter an order dismissing the petition for the transfer. The
corporate authorities may withdraw their refusal at any time before the
entry of an order dismissing the petition. In case the corporate
authorities fail to file a written refusal within the time required under
this Section, they shall be deemed to have consented to the transfer, and
that 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 provided in this Section, but if the court finds that any of the
conditions required under this Section 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, at the hearing
they may appear and contest the transfer and the matters averred in the
petition, and both objectors and petitioners may offer any competent
evidence in regard to those matters. 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 concerning the location
and boundary of the territory to be voted upon for transfer, and they may
make suggestions regarding those matters.
(g) If the court shall, upon hearing the petition, find that the petition
meets the conditions imposed under this Section, it shall certify to the
proper election officials the question of whether the territory shall be
transferred, and those officials shall submit that question at an election
in the territory in accordance with the general election law. The
proposition shall be in substantially the following form:
--------------------------------------------------------------
For making the transfer for fire protection
purposes from the Fire Protection
District to the Village (City) of ,
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.
--------------------------------------------------------------
Against making the transfer for fire protection
purposes from the Fire Protection
District to the Village (City) of ,
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.
--------------------------------------------------------------
If a majority of the votes cast upon the question of making the transfer
shall be in favor of the transfer, the territory shall then cease
to be a part of the fire protection district or districts to which it has
been attached and shall receive fire protection services from the municipality
of which it is a part. In each case in which a transfer is effected under
this Section, the circuit clerk in whose court the transfer proceedings
have been conducted shall certify copies of all orders entered in effecting
the transfer and file or send them to the proper county clerk or clerks for
filing and to the Office of the State Fire Marshal.
(h) If no legal voters reside in the territory being disconnected and
proposed to be transferred, a majority of all owners, whether corporate or
individual, of real property in the territory being disconnected and proposed
to be transferred may file a petition in the circuit court of the county in
which is located the
municipality to which the district is proposed to be transferred.
The petition shall set forth the description of the territory
sought to be transferred and the amount of any outstanding bonded indebtedness
against the district in which the territory is then situated that has been
incurred under this Act. The petition shall request that the court order the
disconnection and transfer.
Upon the filing of the petition the court shall
set a date for a hearing not less than 2 weeks nor more than 4 weeks after the
date the petition is filed. The court, or the circuit clerk or sheriff upon
order of the court, shall give 2 weeks notice of the hearing by publishing the
notice in one or more daily or weekly newspapers of general circulation in the
county or in each county where the district from which the territory is sought
to
be transferred is organized and by posting
at least 10 copies of the notice in conspicuous places in the district from
which the territory is sought to be transferred. In addition, the court shall
cause a copy of the notice to be personally served on the corporate authorities
of the municipality to which the transfer is sought at least one week before
the date set for the hearing. In that notice or in any accompanying notice to
be served upon the corporate authorities at the same time, a recital shall be
made stating that the corporate authorities, at any time before the date of the
hearing or within additional time granted by the court upon written request
filed on or before that date, may file a written refusal to accept the
territory
as a part of the municipality. The notification need not be given to the
corporate authorities if they file in the proceeding their written appearances
or written consent to the transfer.
If the court finds that the petition is
filed by a majority of all owners, whether corporate or individual, of real
property within the district and that the provisions of subsection (a) have
been met, the court shall order the disconnection, and the territory shall
cease to be a part of the fire protection district or districts to which it has
been attached and shall receive fire
protection services from the municipality of which it is a part.
In each case
in which a transfer is effected under this subsection, the circuit court in
which the transfer proceedings have been conducted shall certify copies
of all orders entered in effecting the transfer and shall file them with or
send them to the proper county clerk or clerks for filing. The court also
shall send them
to the Office of the State Fire Marshal.
This subsection (h) applies only to petitions to disconnect where the
territory being disconnected is a portion of a fire protection district
and the territory being disconnected is within an unincorporated area
wholly surrounded by the municipality having between 50,000 and 55,000
inhabitants.
(Source: P.A. 89-509, eff. 7-5-96.)
|