093_HB1537

 
                                     LRB093 08345 BDD 08564 b

 1        AN ACT concerning municipalities.

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

 4        Section 5.  The Illinois Municipal  Code  is  amended  by
 5    changing Section 7-3-6 as follows:

 6        (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
 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
12    disconnected, will not result in the isolation of any part of
13    the municipality from the remainder of the municipality,  (4)
14    if  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,
19    street 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.  The
22    procedure for disconnection shall be as follows: The owner or
23    owners  of  record  of  any  such  area  of land shall file a
24    petition in the circuit court of the county where the land is
25    situated, alleging facts in support of the disconnection. The
26    municipality from which disconnection is sought shall be made
27    a defendant,  and  it,  or  any  taxpayer  residing  in  that
28    municipality,  may appear and defend against the petition. If
29    the court finds that the allegations of the petition are true
30    and that the area of land is  entitled  to  disconnection  it
31    shall   order   the  specified  land  disconnected  from  the
 
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 1    designated municipality. If the circuit court finds that  the
 2    allegations contained in the petition are not true, the court
 3    shall enter an order dismissing the petition.
 4        An  area of land, or any part thereof, disconnected under
 5    the provisions of this section from a municipality which  was
 6    incorporated at least 2 years prior to the date of the filing
 7    of  such  petition  for disconnection shall not be subdivided
 8    into lots and blocks within 1 year  from  the  date  of  such
 9    disconnecting.  A plat of any such proposed subdivision shall
10    not be accepted for recording or registration within such one
11    year  period,  unless  the  land  comprising  such   proposed
12    subdivision  shall  have  been thereafter incorporated into a
13    municipality.
14        For 5 years after the  entry  of  a  final  disconnection
15    order,  an  area of land that has been disconnected under the
16    provisions of this  Section  may  not  be  annexed  into  any
17    municipality  that  has  a  population  of  less than 100,000
18    inhabitants other than the municipality  from  which  it  was
19    disconnected.
20    (Source: P.A. 83-1362.)