(70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5)
Sec. 32a.5.
Any contiguous territory located within the boundaries of
any sanitary district organized under this Act, and upon the border of
such district, may become disconnected from such district in the manner
provided in this Section. Ten per cent or more of the legal voters
resident in the territory sought to be disconnected from such district,
may petition the circuit court for the county in which the original
petition for the organization of the district was filed, to cause the
question of such disconnection to be submitted to the legal voters of
such territory whether the territory shall be disconnected. The petition
shall be addressed to the court and shall contain a definite description
of the boundaries of such territory and recite as a fact, that as of the
date the petition is filed there is no bonded indebtedness of the
sanitary district outstanding and that no special assessments for local
improvements were levied upon or assessed against any of the lands
within such territory or if so levied or assessed, that all of such
assessments have been fully paid and discharged and that such territory
is not, at the time of the filing of such petition, and will not be,
either benefited or served by any work or improvements either then
existing or then authorized by the sanitary district. Upon filing such
petition in the office of the circuit clerk of the county in which the
original petition for the formation of such sanitary district has been
filed it is the duty of the court to consider the boundaries of such
territory and the facts upon which the petition is founded. The court
may alter the boundaries of such territory and shall deny the prayer of
the petition, if the material allegations therein contained are not
founded in fact. The decision of the court is appealable as in other
civil cases.
Notice shall be given by the court of the time and place when and
where all persons interested will be heard substantially as provided in
and by Section 1 of this Act. The conduct of the hearing on the question whether such
territory shall become disconnected shall be, as nearly as possible, in
accordance with Section 1 of this Act. The court shall certify the question
to the proper election officials who shall submit the question at an election
in accordance with the general election law. The question shall be in
substantially the following form:
--------------------------------------------------------------------------------------------------------------------- For disconnection from sanitary district.--------------------------------------------------------------------------------------------------------------------- Against disconnection from sanitary district.---------------------------------------------------------------------------------------------------------------------
If a majority of the votes cast on the question
shall be in favor of
disconnection, and if the trustees of such sanitary district shall, by
ordinance, disconnect such territory, thereupon the court shall enter an
appropriate order of record in the court and thereafter such
territory shall be deemed disconnected from such sanitary district.
(Source: P.A. 100-201, eff. 8-18-17.)
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