Sec. 20-25. Hearing; court order for merger.

361 words·~2 min read·/il/chapter-75/act-16/20-25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The circuit court shall enter its order setting forth the date of the hearing and naming the judge who will preside at the hearing. The trustees of each district shall publish notice of the petition and the time, date, and place of the hearing in accordance with Section 1-30 in the proposed district and in the county that contains all or the larger portion of the proposed district.

(b)At the hearing, all residents of the affected districts shall have a reasonable opportunity to appear and present evidence regarding the lawful ceiling, limitations upon, or duplications of the library tax levies then in effect.

(c)The judge, upon hearing the petition and the evidence presented and upon finding it sufficient, shall enter a final judgment doing the following:

(1)Approving the merger of the districts petitioning for merger.

(2)Naming the district.

(3)Appointing the incumbent trustees as trustees of the district with the same terms

each had as a trustee before the merger.

(4)Fixing the boundaries of the districts.

(5)Specifying the ceiling or limitation upon the annual public library tax that may be

levied by the district after the merger based upon the limitation specified in the petition for referendum or the merger ordinance. If any library party to the merger was eligible to receive its proportionate share of the Personal Property Tax Replacement Fund, that eligibility shall continue to apply to the entire library district created by the merger.

(6)Specifying the effective date of the merger to be the ensuing July 1 after entry of

the judgment.

(7)Specifying that the district formed by the merger has acquired the assets and has

assumed the liabilities of the districts not excluded in the final judgment.

(d)The trustees shall publish notice of the order and its effective date in the same manner as for notice of a petition to the circuit court for merger of the districts.

(e)The order shall be effective not later than 30 days after the date of its entry.

(f)No further election need be held on the question of merger under this Article.