(70 ILCS 605/9-4) (from Ch. 42, par. 9-4)
Sec. 9-4.
Hearing on petition - Referendum - Order.
At the hearing the court shall first determine whether the districts are
contiguous and whether the petition is signed by at least one-tenth of the
adult owners in each district who own at least one-fifth of the land in
each district. If the districts are not contiguous or if the petition is
not so signed, the petition shall be dismissed.
If the districts are contiguous and the petition is so signed but it is
not signed by a majority of the adult owners in each district owning more
than one-third of the land in each district, or by more than one-third of
the adult owners in each district owning a major portion of the land in
each district, the court shall then order the question of consolidation
submitted to the adult owners of land in each district at a special
election to be held in each district. The court shall fix the day upon
which the election shall be held which shall be the same day in each
district and which shall not be less than 30 nor more than 60 days from the
day the order is entered. The court, at the time of calling the election,
shall also designate the polling place or places in each district and
designate the hours at which the polling places will open and close. Upon
calling the election the court shall continue the cause to a day certain,
which day shall be not less than 7 nor more than 14 days following the day
fixed for the election.
The clerk of each district shall give notice of the election by
publishing notice thereof in the manner and for the length of time provided
in Section 4-22 in the case of a hearing on a petition. The ballots cast
at the election shall be in substantially the following form:
--------------------------------------------------------------------------------------------------------------------- Shall (name of district in whichelection is being held), be merged with Yes(name of other district or districts) ------------------------------------------------------------------to organize (name of consolidated Nodistrict)---------------------------------------------------------------------------------------------------------------------
The reverse side of the ballot shall show the official nature of the
ballot by the certificate of the clerk, and it shall be the duty of the
clerk to cause the ballots to be prepared. The commissioners of each
district shall serve as the judges of the election unless the court shall
designate other judges at the time of calling the election. The ballots and
the results shall be returned to the clerk of the district within 48 hours
after the election and he shall, within 5 days thereafter, report the
results of the election to the court. The cost of the election in each
district shall be borne by that district. If, in each district, a majority
of the owners voting on the question shall favor consolidation and if the
court thereupon finds that such consolidation will be beneficial to the
major portion of the land in each district, the court shall order the
merger of the districts into the consolidated district.
If, at the hearing the court determines that the districts are
contiguous and that the petition is signed by a majority of the adult
owners in each district owning more than one-third of the land in each
district or by more than one-third of the adult owners in each district
owning a major portion of the land in each district, then no election shall
be necessary and if the court further finds that such consolidation will be
beneficial to a major portion of the lands in each district, the court
shall order the merger of the districts into the consolidated district.
The affidavit of one or more credible persons may be taken as prima
facie evidence as to the proportion of the owners signing the petition and
of the proportion of the area owned by them.
(Source: Laws 1957, p. 1438.)
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