SB1981sam001 96TH GENERAL ASSEMBLY

Sen. A. J. Wilhelmi

Filed: 3/12/2009

09600SB1981sam001 LRB096 11417 RLJ 23553 a

AMENDMENT TO SENATE BILL 1981

AMENDMENT NO. ______. Amend Senate Bill 1981 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by changing Sections 7-3-1 and 7-3-6 as follows:

(65 ILCS 5/7-3-1) (from Ch. 24, par. 7-3-1)

Sec. 7-3-1. Disconnection; newly organized municipality.

(a) Within one year of the organization of any municipality under the provisions of Divisions 2 and 3 of Article 2 of this Code, any territory which has been included therein may be disconnected from such municipality if the territory sought to be disconnected is (1) upon the the border, but within the boundary of the municipality, (2) contains 20 or more acres, (3) if disconnected will not result in the isolation of any part of the municipality from the remainder of the municipality, and (4) if disconnected will not be a territory wholly bounded by one or more municipalities or wholly bounded by one or more municipalities and a river or lake, (5) if disconnected, the growth prospects and plan and zoning ordinances, if any, of such municipality will not be unreasonably disrupted, (6) if disconnected, no substantial disruption will result to existing municipal service facilities such as, but not limited to, sewer systems, street lighting, water mains, garbage collection and fire protection, (7) if disconnected the municipality will not be unduly harmed through loss of tax revenue in the future. The procedure for disconnection shall be as follows:

A written petition directed to the circuit court of the county in which the territory proposed to be disconnected is located and if such territory is located in more than one county then to 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 court within one year of the organization of any municipality under the provisions of Divisions 2 and 3 of Article 2 of this Code. The petition shall set forth the description of the territory to be detached from such municipality, shall allege the pertinent facts in support of the disconnection of such territory and shall pray the court to detach the territory from the municipality.

(b) After the expiration of the one-year time period imposed under subsection (a), territory lying within the corporate limits of a municipality at the time of the municipality's organization shall not be disconnected from the municipality without the consent of the corporate authorities of the municipality as set forth in Section 7-3-4.

(Source: Laws 1965, p. 2176.)

(65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)

Sec. 7-3-6. Disconnection; specific territory. The owner or owners of record of any area of land consisting of one or more tracts, lying within the corporate limits of any municipality, but not lying within the corporate limits of the municipality at the time of the municipality's incorporation or organization, may have such territory disconnected which (1) contains 20 or more acres; (2) is located on the border of the municipality; (3) if disconnected, will not result in the isolation of any part of the municipality from the remainder of the municipality, (4) if disconnected, the growth prospects and plan and zoning ordinances, if any, of such municipality will not be unreasonably disrupted, (5) if disconnected, no substantial disruption will result to existing municipal service facilities, such as, but not limited to, sewer systems, street lighting, water mains, garbage collection and fire protection, (6) if disconnected the municipality will not be unduly harmed through loss of tax revenue in the future. The procedure for disconnection shall be as follows: The owner or owners of record of any such area of land shall file a petition in the circuit court of the county where the land is situated, alleging facts in support of the disconnection. The municipality from which disconnection is sought shall be made a defendant, and it, or any taxpayer residing in that municipality, may appear and defend against the petition. If the court finds that the allegations of the petition are true and that the area of land is entitled to disconnection it shall order the specified land disconnected from the designated municipality. If the circuit court finds that the allegations contained in the petition are not true, the court shall enter an order dismissing the petition.

An area of land, or any part thereof, disconnected under the provisions of this section from a municipality which was incorporated at least 2 years prior to the date of the filing of such petition for disconnection shall not be subdivided into lots and blocks within 1 year from the date of such disconnecting. A plat of any such proposed subdivision shall not be accepted for recording or registration within such one year period, unless the land comprising such proposed subdivision shall have been thereafter incorporated into a municipality.

After the effective date of this amendatory Act of the 96th General Assembly, territory lying within the corporate limits of a municipality at the time of the municipality's incorporation or organization may not be disconnected under the provisions of this Section without the consent of the corporate authorities of the municipality as set forth in Section 7-3-4.

(Source: P.A. 83-1362.)

Section 99. Effective date. This Act takes effect upon becoming law.".