75 ILCS 16/15-90
2021 Illinois Compiled Statutes|Chapter 75 - LIBRARIES|75 ILCS 16/ - Public Library District Act of 1991.|Article 15 - Addition Or Disconnection Of Territory

Sec. 15-90.     Transfer of contiguous territory to adjoining district.(a) Territory that is in a public library district and contiguous with  another library district may be transferred to the latter district. Upon the  mutual agreement of the boards of trustees of the contiguous districts to the  transfer of the territory, each board shall enact a transfer ordinance  containing identical language describing the territory to be transferred, the  effective date of the transfer, a statement of the assets and liabilities, if  any, that are a responsibility of the transferred territory, and the settlement  of any excess of assets or liabilities.(b) A copy of the transfer ordinance shall be filed with the  circuit court of the county that contains all or the larger part of the  territory.  Upon receiving the ordinance, the circuit court shall enter an  order setting forth the date, time, and place of a hearing upon the subject  matter of the ordinance, name the judge to hear the cause, and send notice of  the date, time, and place of the hearing and of the judge assigned to the  president of the board of trustees of each of the involved public library  districts and to the secretary of the board of trustees of the public library  district containing the territory proposed to be transferred.  The date set for  the hearing shall be not less than 30 days nor more than 60 days after the  circuit court enters the order for the hearing. The secretary of the board of  trustees of the public library district containing the territory proposed to be  transferred shall, within 15 days of the secretary's receipt of the circuit  court's notice of the hearing, publish notice of the hearing as provided in  Section 1-30.(c) At the hearing before the assigned judge of the circuit court, the  validity of the ordinance, including substantiation of the required  allegations in the petition, the appropriateness of the location and  boundary of the territory to be voted upon for transfer, and  other relevant matters shall be considered.  All persons residing  in the territory to be transferred, all other persons having an interest in  the proposed transfer, and the boards of trustees of the involved library  districts shall have a reasonable opportunity to be heard upon the subject  of the proposed transfer.  The judge's determination of the  appropriateness of the boundary of the territory proposed to be transferred  shall include the following factors:(1) The location of the residents in relationship to     the total territory proposed to be transferred.(2) Maintaining the pre-existing non-residential tax     bases of both libraries so far as possible.(3) Local traditional traffic, transportation, and     marketing routes and the convenience of the residents of the territory proposed to be transferred.     The judge, after hearing the statements, evidence, and suggestions of the  persons appearing at the hearing, shall determine (i) whether the ordinance is  valid and sufficient according to law and (ii) whether the territory to be  transferred would receive substantially equal or greater benefits by being  transferred.  If the transfer ordinance is found to be  valid and sufficient, and the territory to be transferred would receive  substantially equal or greater benefits by being so transferred, the judge  shall enter a final judgement to transfer the territory.(d) The judge assigned to the case shall, after a hearing upon the merits,  enter an order revising the boundaries of the district and setting forth  the liability, if any, yet to be retired and paid by the property owners  of the transferred territory. The liability shall be collected  under Section 35-15.(e) If there are any general obligation  bonds of the public library  district (or other obligations incurred instead of general obligation  bonds under this Act) that are outstanding and unpaid at the time the territory  is transferred from the public library district under this Section, the  territory shall remain liable for its proportionate share of the bonded  indebtedness or other outstanding obligation incurred instead of bonded  indebtedness, and the public library district may continue to levy and extend  taxes upon the taxable property in the territory for the purpose of amortizing  the bonds or satisfying the other outstanding obligations until sufficient  funds to retire the bonds or to satisfy the other outstanding obligations have  been collected.(e-5) The county clerk must extend taxes to pay the principal of and  interest  on any general obligation bonds issued to refund any bond described in  subsection (e), as provided in the bond ordinances on file in the office of the  county clerk, against all taxable property in the district, including taxable  property that was in the district on the date that the bonds being refunded  were issued; provided, however, that (i) the net interest rate on the refunding  bonds may not exceed the net interest rate on the refunded  bonds, (ii) the final maturity date of the refunding bonds may not extend  beyond the final maturity date of the refunded bonds, and (iii) the debt  service payable on the refunding bonds in any year may not exceed the debt  service that would have been payable on the refunded bonds in that year.  This  subsection is  inoperative after December 31, 2000.(f) The district secretary shall record a certified copy of the transfer  order with the recorder and file a certified copy with the county clerk of each  county affected.    (Source: P.A. 91-868, eff. 6-22-00.)