Illinois § 10-35

§ 10-35.

Petition by library trustees for court order. (a) If the voters in the election resulting from the board of library trustees' resolution to convert under Section 10-10, or from the petition of the voters calling for a referendum under Section 10-25, approve the conversion to a library district, or if the appropriate corporate authorities approve the conversion under Section 10-20, the board of library trustees of the public library affected shall, within 30 days, petition the circuit court of the county in which the majority of the territory affected lies for a final order to convert the public library to a library district. The petition shall incorporate, if applicable, the election results and the addendum to the petition for the election. (b) The circuit court, upon finding the petition sufficient, shall enter its final order doing the following: (1) Approving the conversion of the existing public library of the county, township, or municipality to a public library district subject to this Act. (2) Naming the district. (3) Designating all incumbent library trustees as trustees of the district until the next regular election of the trustees of the district. (4) Fixing the boundary of the newly formed district. (5) Specifying the ceiling or limitation upon the annual public library tax or any special tax that may be levied by the district thereafter based upon (i) the existing ceilings or limitations and the obligation of the public library converted or (ii) the ceiling specified in the conversion petition and ballot, but in any case not to exceed the maximum specified in Section 35-10. (6) Specifying the first fiscal year of the newly formed district. (7) Specifying the first year when appropriation and levy ordinances may be enacted by the newly formed district and requiring the library trustees to cause an abatement of any annual public library tax levy for that same year, so that only one annual public library tax will be levied in that year. (8) Specifying the effective date of (i) the conversion and (ii) the acquisition, by the board of library trustees of the newly formed district, of the assets (including personal property, titles to real property, and moneys received or due for the purposes of the public tax supported library by the corporate authority) and assumption of the liabilities of the board of library trustees and of the public library affected by the conversion. (9) Specifying the date when the newly formed district shall commence to render library service. (c) The trustees of the newly formed district shall promptly publish notice of the order and of its effect. (d) The order shall be effective not later than 30 days after the date of its entry. (Source: P.A. 87-1277.)