Public Act 0708 104TH GENERAL ASSEMBLY

HB5542 Enrolled LRB104 18693 WRO 32136 b

Public Act 104-0708

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Park District Code is amended by changing Section 3-6 as follows:

(70 ILCS 1205/3-6) (from Ch. 105, par. 3-6)

Sec. 3-6. Petition to disconnect park district territory; waiver of assessment payment.

(a) Any park district territory that , within any park district, which (1) is located upon the border of the park district, and that, (2) if disconnected from the park district, would not separate any part of the park district from any other part, may be disconnected from the park district, in the discretion of its corporate authorities as follows:

A written petition, signed by the majority of the owners of record of land and the owners of record of more than one-half of the area of land in the territory described in the petition, shall be filed with the secretary of the governing board of the park district, requesting that the specified territory be disconnected from the park district. The petition shall be filed at least 30 days before it is considered by the corporate authorities. Except as provided in subsection (b), the The petition shall be accompanied with the certificate of the proper county clerk, or county clerks as the case may be, showing that all park district assessments due up to the time of presenting the petition are fully paid. The corporate authorities may, in their discretion, disconnect the territory from the park district by an ordinance passed by a majority of the members of the governing board.

(b) Prior to the submission of the petition specified in subsection (a), the governing board of the park district may, at its discretion, adopt, by ordinance, a determination to waive the full payment of any unpaid park district assessments outstanding at the time the petition is submitted. If a waiver is adopted by park district ordinance under this subsection (b), the county clerk or county clerks shall certify the petition for the disconnection of the property identified in the petition for the purpose of allowing the park district to approve disconnection of all the property in the petition without requiring the payment of any assessments that have been waived.

(Source: Laws 1957, p. 2271.)