(70 ILCS 1205/3-6a) (from Ch. 105, par. 3-6a)
Sec. 3-6a.
Within one year of the organization of any park district under
the provisions of Article 2 of this Act, any territory which has been
included therein may be disconnected from such park district if the
territory sought to be disconnected is (1) upon the border, but within the
boundary of the park district, (2) contains 20 or more acres, (3) if
disconnected will not result in the isolation of any part of the park
district from the remainder of the park district, (4) if disconnected will
not be a territory wholly bounded by one or more park districts or wholly
bounded by one or more park districts and a river or lake, and (5) is
adjoining another park district, the board of which has on file a petition
for annexation of the territory pursuant to the provisions of Article 3-1
of this Act and has enacted an ordinance stating that the park district
will annex said territory within 30 days of the entry of an order of
disconnection by the Circuit Court, in the following manner:
A written petition filed in the Circuit
Court of the county in which the territory proposed to be disconnected is
located or if such territory is located in more than one county then in
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
Circuit Court within one year of the organization of any park district
under the provisions of Article 2 of this Act. The petition shall set forth
the description of the territory to be detached from such park district,
shall allege the pertinent facts in support of the disconnection of such
territory, shall include a certified copy of an ordinance of the adjoining
park district with which has been filed a petition for the annexation of
the territory, stating that the park district will annex the
territory within 30 days after the entry of an order of disconnection by the Circuit
Court and shall pray the Circuit Court to detach
the territory from the park district.
Upon the filing of the petition, the Circuit Court judge 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, and the clerk of the Circuit Court
shall give at least 20 days notice of such hearing by publishing notice
thereof once in a newspaper having a general circulation within such park
district. The notice shall refer to the petition filed with the Circuit
Court, shall describe the territory proposed to be disconnected,
shall indicate the prayer of the petition and the date, time and place at which
the public hearing will be held and shall further indicate that the park
district and any and all persons residing in or owning property in the
territory involved or in the park district 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 commissioners of the park district from which the
territory is sought to be disconnected.
The public hearing may be continued from time to time by the Circuit
Court. After such public hearing and having heard any and
all persons desiring to be heard, including the park district and any and all persons
residing in or owning property in the territory involved or in the park
district from which such territory is sought to be disconnected, if the
Circuit Court finds that the allegations of the petition
are true, the court shall grant the prayer of the petition and
shall enter a judgment disconnecting the territory from
the park district, which judgment shall be filed of record in the Circuit Court and
the clerk of the Circuit
Court shall cause to be delivered a certified copy of such
judgment to the commissioners of the park district from
which such territory has been
detached. If the Circuit Court finds that the allegations
contained in the petition are not true then the court shall enter
a judgment dismissing the same.
(Source: P.A. 83-1362.)
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