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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | changing Section 7-3-6 as follows:
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| 6 | (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
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| 7 | Sec. 7-3-6.
The owner or owners of record of any area of | ||||||
| 8 | land consisting of
one or more tracts, lying within the | ||||||
| 9 | corporate limits of any municipality
may have such territory | ||||||
| 10 | disconnected which (1) contains 20 or more
acres; (2) is | ||||||
| 11 | located on the border
of the municipality; (3) if disconnected, | ||||||
| 12 | will not result in the isolation
of any part of the | ||||||
| 13 | municipality from the remainder of the
municipality; (4) if | ||||||
| 14 | disconnected, the growth prospects and plan
and zoning | ||||||
| 15 | ordinances, if
any, of such municipality will not be | ||||||
| 16 | unreasonably disrupted; (5) if
disconnected, no substantial | ||||||
| 17 | disruption will result to existing municipal
service | ||||||
| 18 | facilities, such as, but not limited to, sewer systems, street
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| 19 | lighting, water mains, garbage collection, and fire | ||||||
| 20 | protection; (6) if
disconnected, the municipality will not be | ||||||
| 21 | unduly harmed through loss of tax
revenue in the future; and | ||||||
| 22 | (7) does not contain any territory designated as part of a | ||||||
| 23 | redevelopment project area as that term is defined in | ||||||
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| 1 | subsection (p) of Section 11-74.4-3 of this Code or any | ||||||
| 2 | territory otherwise subject to tax increment financing by the | ||||||
| 3 | municipality. Item (7) applies to petitions and actions pending | ||||||
| 4 | on the effective date of this amendatory Act of the 100th | ||||||
| 5 | General Assembly as well as petitions and actions commenced on | ||||||
| 6 | or after that date. The procedure for disconnection shall be as | ||||||
| 7 | follows:
The owner or owners of record of any such area of land | ||||||
| 8 | shall file a
petition in the circuit court of the county where | ||||||
| 9 | the land is situated,
alleging facts in support of the | ||||||
| 10 | disconnection. The municipality from which
disconnection is | ||||||
| 11 | sought shall be made a defendant, and it, or any taxpayer
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| 12 | residing in that municipality, may appear and defend against | ||||||
| 13 | the petition.
If the court finds that the allegations of the | ||||||
| 14 | petition are true and that
the area of land is entitled to | ||||||
| 15 | disconnection it shall order the specified
land disconnected | ||||||
| 16 | from the designated municipality. If the circuit court
finds | ||||||
| 17 | that the allegations contained in the petition are not true, | ||||||
| 18 | the
court shall enter an order dismissing the petition.
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| 19 | An area of land, or any part thereof, disconnected under | ||||||
| 20 | the provisions
of this Section from a municipality which was | ||||||
| 21 | incorporated at least 2 years
prior to the date of the filing | ||||||
| 22 | of such petition for disconnection shall
not be subdivided into | ||||||
| 23 | lots and blocks within one year from the date of such
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| 24 | disconnecting. A plat of any such proposed subdivision shall | ||||||
| 25 | not be
accepted for recording or registration within such one | ||||||
| 26 | year period, unless
the land comprising such proposed | ||||||
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| 1 | subdivision shall have been thereafter
incorporated into a | ||||||
| 2 | municipality.
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| 3 | (Source: P.A. 97-333, eff. 8-12-11.)
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| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law. | ||||||