Sec. 15d. Disconnection of fire protection district territory by a municipality; economic impact analysis.

448 words·~2 min read·/il/chapter-70/act-705/15d

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(a)As used in this Section, "economic impact analysis" means a written report concerning the effect of a municipality's disconnection of territory located both within a municipality and a fire protection district.

(b)Notwithstanding any other provision of law, a municipality shall file an economic impact analysis with the county clerk of each county in which a fire protection district is located no less than 90 days prior to filing any action to disconnect territory located both within the municipality and the fire protection district. Each economic impact analysis shall include the following:

(1)a statement of existing and projected residential, nonresidential, and

commercial growth in the territory within the fire protection district sought to be disconnected by the municipality for a 10-year period, a 20-year period, and a 30-year period;

(2)a statement of the costs of service incurred by the municipality in

providing fire protection or emergency medical services after disconnecting the territory within the fire protection district;

(3)a statement that the loss of assessed valuation by reason of the

disconnection of the territory will not impair the ability of the fire protection district to render fully adequate fire protection service to the territory remaining with the district;

(4)a statement of the probable positive or negative economic effect on businesses

within the territory sought to be disconnected; and

(5)a statement of the probable positive or negative economic effect on residents within

the territory sought to be disconnected.

(c)Within 30 days after the filing of an economic impact analysis required by subsection (b), a municipality shall serve a copy of the economic impact analysis on the board of trustees of each impacted fire protection district by certified or registered mail. An affidavit that service of the economic impact analysis has been had as provided by this subsection must be filed with the clerk of the court in which the disconnection proceedings will be instituted. Disconnection of territory is not effective unless service is certified by affidavit filed as provided in this subsection.

(d)The territory is disconnected from the Fire Protection District and annexed to the municipality effective on January 1 following the entry of a final court order finding that the petition meets the criteria set forth in this Section.

(e)A municipality, including a home rule municipality, may not disconnect territory from a fire protection district in a manner inconsistent with this Section. This Section is a limitation under subsection

(i)of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.