(70 ILCS 910/6) (from Ch. 23, par. 1256)
Sec. 6.
The court may continue the hearing on the petition from time
to time. Should it appear at such public hearing that a part only of any
municipality is included within the territory described in the petition
then the petition shall be amended upon motion of the petitioners either
to include or exclude all of such municipality, and such motion shall be
allowed by the court. Upon such public hearing the petitioners may also
move to otherwise amend the petition or to dismiss or to withdraw it,
and any such motion shall be allowed by the court. If such petition is
not dismissed or withdrawn, the court by written order shall find and
determine whether such territory meets the requirements of this Act, and
the sufficiency of the petition as filed or amended, and of the
proceedings thereon.
Should 2 or more petitions covering in part the same territory be
filed prior to the public hearing, such petitions shall be consolidated
for public hearing, and hearing upon the first petition which is filed
may be continued to permit the giving of notice of any such subsequent
petition or petitions. At the public hearing upon such petitions, the
petitioners in the petition first filed may move to amend such petition
to include any part of the territory described in the subsequent
petition or petitions, either as originally filed or as amended. Any
such motion shall be allowed by the court. The public hearing shall
proceed upon the first petition as originally filed or as so amended,
and further proceedings upon any such other petitions subsequently filed
shall be stayed and held in abeyance until the termination of all
proceedings upon the first petition, or any such petition may be
dismissed or withdrawn upon motion of the petitioners therein by their
representatives.
If such territory, petition and proceedings meet the requirements of
this Act, the court shall in, and by the order finding and determining
the sufficiency of the petition and that the territory meets the
requirements of the Act or by a separate order, order the proposition
submitted to referendum in accordance with the general election law. The
clerk of the circuit court shall certify the order and the proposition to
the appropriate election officials who shall submit the proposition to the
voters at an election in accordance with the general election law.
(Source: P.A. 81-1489.)
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