(70 ILCS 2805/32a.5-1)
Sec. 32a.5-1.
Disconnection by agreement.
(a) A territory that (1) is located within the boundaries and upon the
border of a sanitary district organized under this Act, (2) is contiguous, and
(3) has no registered voters residing within it, may be disconnected from the
district by agreement in accordance with this Section. A referendum is not
required for disconnection by agreement in accordance with this Section.
(b) The owners of territory that is eligible for disconnection by agreement
under this Section may enter into a disconnection agreement with the board of
trustees of the district. The agreement must contain a definite description of
the boundaries of the territory to be disconnected. The agreement may provide
for payment to the district by the owners of the territory of a reasonable
amount to compensate the district for the loss of future revenues from the
territory and may include any other provisions or requirements deemed
appropriate by the board of trustees. The agreement shall not become effective
without (1) the consent of all owners of record of the territory, (2) the
consent of the board of trustees of the district, and (3) the approval of the
circuit court as provided in subsection (c).
(c) Upon execution of an agreement under subsection (b), the owners of the
territory may bring a petition for approval of the agreement and disconnection
of the territory from the district in the circuit court for the county in which
the original petition for the organization of the district was filed. The
petition shall be addressed to the court and shall include a copy of the
proposed disconnection agreement. The petition shall recite as a fact that
as of the date the petition is filed there is no bonded indebtedness of the
sanitary district outstanding and that all special assessments for local
improvements that have been levied upon or assessed against the territory have
been fully paid and discharged.
Upon the filing of a petition under this Section, the court shall hold a
hearing on the petition at which the district and any of the residents or
landowners of the district may be heard. The court shall give notice of the
hearing in the manner provided in subsection (d) of Section 1 of this Act.
The court shall consider the boundaries of the territory to be disconnected,
the terms of the disconnection agreement between the owners and the district,
and the facts upon which the agreement and the petition are founded. The court
may approve the agreement and order the territory disconnected from the
district if it determines that the requirements of this Section have been met,
that the material allegations upon which the agreement and the petition are
founded are true, and that the disconnection is not unreasonable or contrary to
the general interests of the residents and landowners of the district. If the
court determines that the requirements of this Section have not been met, that
any material allegation upon which the agreement or the petition are founded is
untrue, or that the disconnection is unreasonable or contrary to the general
interests of the residents and landowners of the district, it shall not then
approve the agreement or order the territory disconnected from the district,
but it may allow the district and the owners of the territory to amend the
petition and agreement or take other action to cure the defect. The decision
of the court is appealable as in other civil cases.
(Source: P.A. 89-705, eff. 1-31-97.)
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