(35 ILCS 200/27-65)
Sec. 27-65.
Public hearing on petition; court order.
Upon the filing of the
petition, the court shall set it for public hearing within 60 days after the
date of the filing of the petition. The court shall give at least 45 days
notice of the hearing by publishing notice of the hearing once in a newspaper
having a general circulation within the special service area from which the
territory is sought to be disconnected. The notice (a) shall refer to the
petition filed within the court, (b) shall describe the territory proposed to
be disconnected, (c) shall indicate the prayer of the petition and the date,
time and place at which the public hearing will be held, and (d) shall further
indicate that the corporate authority which created the special service area
and any persons residing in or owning property in the territory involved or in
the special service area from which the 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 prescribed above
for the published notice, shall also be mailed to the presiding officer of the
corporate authority from which the territory is sought to be disconnected.
The public hearing may be continued from time to time by the court. After
the public hearing and having heard all persons desiring to be heard, including
the corporate authority and all persons residing
in or owning property in the territory involved or in the special service
area from which the territory is sought to be disconnected, if the court
finds 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 special service area. The order shall be entered at length in the
records of the court, and the clerk of the court shall file a certified copy of
the order with the clerk of the municipality or county which created the
special service area from which the territory has been disconnected. If the
court finds that the allegations contained in the petition are not true, the
court shall enter an order dismissing it.
(Source: P.A. 83-1245; 88-455.)
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