Full Text of SB1981 96th General Assembly
SB1981sam001 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 3/12/2009
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LRB096 11417 RLJ 23553 a |
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| AMENDMENT TO SENATE BILL 1981
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| AMENDMENT NO. ______. Amend Senate Bill 1981 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 7-3-1 and 7-3-6 as follows:
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| (65 ILCS 5/7-3-1) (from Ch. 24, par. 7-3-1)
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| Sec. 7-3-1. Disconnection; newly organized municipality. | 8 |
| (a) Within one year of the organization of any municipality | 9 |
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the provisions of Divisions 2 and 3 of Article 2 of this | 10 |
| Code, any
territory which has been included therein may be | 11 |
| disconnected from such
municipality if the territory sought to | 12 |
| be disconnected is (1) upon the the
border, but within the | 13 |
| boundary of the municipality, (2) contains 20 or
more acres, | 14 |
| (3) if disconnected will not result in the isolation of any
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| part of the municipality from the remainder of the | 16 |
| municipality, and (4) if
disconnected will not be a territory |
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| wholly bounded by one or more
municipalities or wholly bounded | 2 |
| by one or more municipalities and a river
or lake, (5) if | 3 |
| disconnected, the growth prospects and plan and zoning
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| ordinances, if any, of such municipality will not be | 5 |
| unreasonably
disrupted, (6) if disconnected, no substantial | 6 |
| disruption will result to
existing municipal service | 7 |
| facilities such as, but not limited to, sewer
systems, street | 8 |
| lighting, water mains, garbage collection and fire
protection, | 9 |
| (7) if disconnected the municipality will not be unduly harmed
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| through loss of tax revenue in the future. The procedure for | 11 |
| disconnection
shall be as follows:
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| A written petition directed to the circuit court of the | 13 |
| county in which
the territory proposed to be disconnected is | 14 |
| located and if such territory
is located in more than one | 15 |
| county then to the circuit court of the county
in which the | 16 |
| greater part of such territory may be located, which petition
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| shall be signed by a majority of the electors, if any, residing | 18 |
| within the
territory and also signed by a majority of the | 19 |
| owners of record of land in
such territory, and also | 20 |
| representing a majority of the area of land in
such territory, | 21 |
| shall be filed with the clerk of the court within one year
of | 22 |
| the organization of any municipality under the provisions of | 23 |
| Divisions 2
and 3 of Article 2 of this Code. The petition shall | 24 |
| set forth the
description of the territory to be detached from | 25 |
| such municipality, shall
allege the pertinent facts in support | 26 |
| of the disconnection of such
territory and shall pray the court |
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| to detach the territory from the
municipality. | 2 |
| (b) After the expiration of the one-year time period | 3 |
| imposed under subsection (a), territory lying within the | 4 |
| corporate limits of a municipality at the time of the | 5 |
| municipality's organization shall not be disconnected from the | 6 |
| municipality without the consent of the corporate authorities | 7 |
| of the municipality as set forth in Section 7-3-4.
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| (Source: Laws 1965, p. 2176.)
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| (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
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| Sec. 7-3-6. Disconnection; specific territory. The owner | 11 |
| or owners of record of any area of land consisting of
one or | 12 |
| more tracts, lying within the corporate limits of any | 13 |
| municipality , but not lying within the corporate limits of the | 14 |
| municipality at the time of the municipality's incorporation or | 15 |
| organization,
may have such territory disconnected which (1) | 16 |
| contains 20 or more
acres; (2) is located on the border
of the | 17 |
| municipality; (3) if disconnected, will not result in the | 18 |
| isolation
of any part of the municipality from the remainder of | 19 |
| the
municipality, (4) if disconnected, the growth prospects and | 20 |
| plan
and zoning ordinances, if
any, of such municipality will | 21 |
| not be unreasonably disrupted, (5) if
disconnected, no | 22 |
| substantial disruption will result to existing municipal
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| service facilities, such as, but not limited to, sewer systems, | 24 |
| street
lighting, water mains, garbage collection and fire | 25 |
| protection, (6) if
disconnected the municipality will not be |
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| unduly harmed through loss of tax
revenue in the future. The | 2 |
| procedure for disconnection shall be as follows:
The owner or | 3 |
| owners of record of any such area of land shall file a
petition | 4 |
| in the circuit court of the county where the land is situated,
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| alleging facts in support of the disconnection. The | 6 |
| municipality from which
disconnection is sought shall be made a | 7 |
| defendant, and it, or any taxpayer
residing in that | 8 |
| municipality, may appear and defend against the petition.
If | 9 |
| the court finds that the allegations of the petition are true | 10 |
| and that
the area of land is entitled to disconnection it shall | 11 |
| order the specified
land disconnected from the designated | 12 |
| municipality. If the circuit court
finds that the allegations | 13 |
| contained in the petition are not true, the
court shall enter | 14 |
| an order dismissing the petition.
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| An area of land, or any part thereof, disconnected under | 16 |
| the provisions
of this section from a municipality which was | 17 |
| incorporated at least 2 years
prior to the date of the filing | 18 |
| of such petition for disconnection shall
not be subdivided into | 19 |
| lots and blocks within 1 year from the date of such
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| disconnecting. A plat of any such proposed subdivision shall | 21 |
| not be
accepted for recording or registration within such one | 22 |
| year period, unless
the land comprising such proposed | 23 |
| subdivision shall have been thereafter
incorporated into a | 24 |
| municipality. | 25 |
| After the effective date of this amendatory Act of the 96th | 26 |
| General Assembly, territory lying within the corporate limits |
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| of a municipality at the time of the municipality's | 2 |
| incorporation or organization may not be disconnected under the | 3 |
| provisions of this Section without the consent of the corporate | 4 |
| authorities of the municipality as set forth in Section 7-3-4.
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| (Source: P.A. 83-1362.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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