(65 ILCS 5/7-2-27) (from Ch. 24, par. 7-2-27)
Sec. 7-2-27.
At any general municipal election,
the question of the
dissolution of the united city may be submitted to the electors by a
compliance, as near as may be, with Sections 7-6-1 through 7-6-6.
However, the petition in such cases shall request that the dissolution
of the united city be submitted to the electors of the united city and
the question shall be in the following form:
SHALL THE UNITED YES CITY OF....... BE DISSOLVED? NO
(Source: P.A. 81-1489.)
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(65 ILCS 5/7-2-28) (from Ch. 24, par. 7-2-28)
Sec. 7-2-28.
Whenever a united city is formed by a compliance with Section
7-2-1 of municipal government with alderpersons chosen from wards or districts,
the united city shall be and the decision is in favor of a managerial form
governed, after the first election held in compliance with Section 7-2-7,
by a council composed of a mayor and a board of alderpersons selected by the
electors of the united city as provided by the provisions of this Code
relating to the election of city officers, except all elections in a united
city are controlled by the City Election Law as provided in Section 7-2-6,
and by a municipal manager appointed by the council as provided in Article
5.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/Art. 7 Div. 3 heading) DIVISION 3.
DISCONNECTION
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(65 ILCS 5/7-3-1) (from Ch. 24, par. 7-3-1)
Sec. 7-3-1.
Within one year of the organization of any municipality under
the provisions of Divisions 2 and 3 of Article 2 of this Code, any
territory which has been included therein may be disconnected from such
municipality if the territory sought to be disconnected is (1) upon the
border, but within the boundary of the municipality, (2) contains 20 or
more acres, (3) if disconnected will not result in the isolation of any
part of the municipality from the remainder of the municipality, and (4) if
disconnected will not be a territory wholly bounded by one or more
municipalities or wholly bounded by one or more municipalities and a river
or lake, (5) if disconnected, the growth prospects and plan and zoning
ordinances, if any, of such municipality will not be unreasonably
disrupted, (6) if disconnected, no substantial disruption will result to
existing municipal service facilities such as, but not limited to, sewer
systems, street lighting, water mains, garbage collection and fire
protection, (7) if disconnected the municipality will not be unduly harmed
through loss of tax revenue in the future. The procedure for disconnection
shall be as follows:
A written petition directed to the circuit court of the county in which
the territory proposed to be disconnected is located and if such territory
is located in more than one county then to the circuit court of the county
in which the greater part of such territory may be located, which petition
shall be signed by a majority of the electors, if any, residing within the
territory and also signed by a majority of the owners of record of land in
such territory, and also representing a majority of the area of land in
such territory, shall be filed with the clerk of the court within one year
of the organization of any municipality under the provisions of Divisions 2
and 3 of Article 2 of this Code. The petition shall set forth the
description of the territory to be detached from such municipality, shall
allege the pertinent facts in support of the disconnection of such
territory and shall pray the court to detach the territory from the
municipality.
(Source: P.A. 96-1000, eff. 7-2-10.)
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(65 ILCS 5/7-3-2) (from Ch. 24, par. 7-3-2)
Sec. 7-3-2.
Upon the filing of the petition as provided in Section 7-3-1,
the court shall set the same for public hearing which date of public
hearing shall be within 30 days of the date of the filing of the petition.
The court shall give at least 10 days notice of such hearing by publishing
notice thereof once in a newspaper published in the municipality from which
the territory is sought to be detached, or if there is no such newspaper
published in such municipality, then such notice shall be published once in
a newspaper having a general circulation within such municipality, the date
of such publication to be not less than 10 days prior to the date set for
the public hearing. The notice (1) shall refer to the petition filed with
the court, (2) shall describe the territory proposed to be disconnected,
(3) shall indicate the prayer of the petition and the date, time and place
at which the public hearing will be held and (4) shall further indicate
that the municipality and any persons residing in or owning property in the
territory involved or in the municipality from which such territory is
sought to be disconnected shall have an opportunity to be heard on the
prayer of the petition. Notice of the filing of the petition, the substance
of which shall be as hereinabove prescribed for the published notice shall
also be mailed to the presiding officer of the municipality from which the
territory is sought to be disconnected.
(Source: Laws 1967, p. 3740.)
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(65 ILCS 5/7-3-3) (from Ch. 24, par. 7-3-3)
Sec. 7-3-3.
The public hearing may be continued from time to time by the
court. After such public hearing and having heard any and all persons
desiring to be heard, including the municipality and any and all persons
residing in or owning property in the territory involved or in the
municipality from which such territory is sought to be disconnected, if the
court shall find that all the allegations of the petition are true, the
court shall grant the prayer of the petition and shall enter an order
disconnecting the territory from the municipality, which order shall be
entered of record in the court and the
clerk of the court
shall file a certified copy of such order with the clerk of the
municipality from which such territory has been detached. If the court
shall find that the allegations contained in the petition are not true then
the court shall enter an order dismissing the same. However, the
disconnection of any territory from the municipality shall not exempt such
territory from taxation for the purpose of paying any indebtedness incurred
by the corporate authorities of the municipality prior to the filing of the
petition for disconnection and such territory shall be assessed and taxed
to pay such indebtedness until such indebtedness is completely paid, the
same as though the territory had not been disconnected.
(Source: P.A. 83-343.)
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(65 ILCS 5/7-3-4) (from Ch. 24, par. 7-3-4)
Sec. 7-3-4.
Any territory, within any municipality, which is upon the
border but within the boundary of the municipality may be disconnected from
the municipality, in
the discretion of its corporate authorities as follows:
A written petition, signed by owners of record representing a majority
of the area of land in such territory, shall be filed with the clerk of the
municipality, requesting that the specified territory be disconnected from
the municipality. The petition shall be filed at least 30 days before it is
considered by the corporate authorities. The petition shall be accompanied
with the certificate of the proper county clerk, showing that all city
taxes or assessments due up to the time of presenting the petition are
fully paid. The corporate authorities, in their discretion, may disconnect
the territory from the municipality, by an ordinance passed by a majority
of the members elected to the city council, or board of trustees, as the
case may be.
(Source: P.A. 83-656.)
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(65 ILCS 5/7-3-5) (from Ch. 24, par. 7-3-5)
Sec. 7-3-5.
A copy of the ordinance disconnecting territory from any
municipality, certified by the clerk of that municipality, shall within 90
days be filed for recordation in the Recorder's office and with the County
Clerk of the county in which the disconnected territory is situated.
(Source: Laws 1963, p. 3135.)
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(65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
Sec. 7-3-6.
The owner or owners of record of any area of land consisting of
one or more tracts, lying within the corporate limits of any municipality
may have such territory disconnected which (1) contains 20 or more
acres; (2) is located on the border
of the municipality; (3) if disconnected, will not result in the isolation
of any part of the municipality from the remainder of the
municipality; (4) if disconnected, the growth prospects and plan
and zoning ordinances, if
any, of such municipality will not be unreasonably disrupted; (5) if
disconnected, no substantial disruption will result to existing municipal
service facilities, such as, but not limited to, sewer systems, street
lighting, water mains, garbage collection, and fire protection; (6) if
disconnected, the municipality will not be unduly harmed through loss of tax
revenue in the future; and (7) does not contain any territory designated as part of a redevelopment project area as that term is defined in subsection (p) of Section 11-74.4-3 of this Code or any territory otherwise subject to tax increment financing by the municipality. Item (7) applies to petitions and actions pending on the effective date of this amendatory Act of the 100th General Assembly as well as petitions and actions commenced on or after that date. The procedure for disconnection shall be as follows:
The owner or owners of record of any such area of land shall file a
petition in the circuit court of the county where the land is situated,
alleging facts in support of the disconnection. The municipality from which
disconnection is sought shall be made a defendant, and it, or any taxpayer
residing in that municipality, may appear and defend against the petition.
If the court finds that the allegations of the petition are true and that
the area of land is entitled to disconnection it shall order the specified
land disconnected from the designated municipality. If the circuit court
finds that the allegations contained in the petition are not true, the
court shall enter an order dismissing the petition.
An area of land, or any part thereof, disconnected under the provisions
of this Section from a municipality which was incorporated at least 2 years
prior to the date of the filing of such petition for disconnection shall
not be subdivided into lots and blocks within one year from the date of such
disconnecting. A plat of any such proposed subdivision shall not be
accepted for recording or registration within such one year period, unless
the land comprising such proposed subdivision shall have been thereafter
incorporated into a municipality.
(Source: P.A. 100-1134, eff. 11-28-18.)
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(65 ILCS 5/7-3-6.1)
Sec. 7-3-6.1.
Notice to the payor of real estate taxes.
When territory
is
proposed to be disconnected by court order
under this Article, the corporate authorities or
petitioners initiating
the action shall notify each person who pays real estate taxes on property
within that
territory unless the
person is a petitioner. The notice shall be served by certified or
registered mail, return receipt requested, at least 20 days before a court
hearing or other court action.
If the person
who pays real estate taxes on the property is not the owner of
record, then the payor shall notify the owner of record of the proposed
disconnection.
(Source: P.A. 89-666, eff. 8-14-96.)
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(65 ILCS 5/7-3-6.2) Sec. 7-3-6.2. Split lots. Notwithstanding any other provision of this Code, the owner or owners of record of a split residential lot may disconnect a portion of the lot which (i) is a residentially zoned and platted lot currently lying partially within the corporate limits of and governed by 2 or more municipalities or lying within the unincorporated area of a county and also within the corporate limits of one or more municipalities, and contains less than 20 acres; (ii) is located on the border of the municipality; and (iii) if disconnected, will not result in the isolation of any part of the municipality from the remainder of the municipality. The owner or owners seeking to disconnect a portion of a split lot from a municipality must petition the court in the manner provided in Section 7-3-6 of this Code. In determining whether a lot shall be disconnected under this Section, the court may consider the following: (i) if disconnected, the growth prospects and planning and zoning ordinances, if any, of the municipality will not be unreasonably disrupted; (ii) if disconnected, no substantial disruption will result to existing municipal service facilities, such as, but not limited to, sewer systems, street lighting, water mains, garbage collection, and fire protection; and (iii) if disconnected, the municipality will not be unduly harmed through loss of tax revenue in the future. An area of land, or any part thereof, disconnected under the provisions of this Section from a municipality which was incorporated at least 2 years prior to the date of the filing of the petition for disconnection shall not be subdivided into lots or blocks within one year from the date of disconnection. A plat of any such proposed subdivision shall not be accepted for recording within such one-year period, unless the land comprising such proposed subdivision shall have been thereafter annexed into a municipality.
(Source: P.A. 93-1007, eff. 1-1-05.) |