Full Text of SB2578 95th General Assembly
SB2578 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2578
Introduced 2/15/2008, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/7-3-6 |
from Ch. 24, par. 7-3-6 |
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Amends the Illinois Municipal Code. Adds a public notice requirement for certain disconnection proceedings. Provides that territory that has been disconnected may not be subdivided into lots and blocks within 3 years (now, one year) after the date of disconnection.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2578 |
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LRB095 19874 HLH 46273 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 7-3-6 as follows:
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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. The owner or owners of record of any area of | 8 |
| land consisting of
one or more tracts, lying within the | 9 |
| corporate limits of any municipality
may have such territory | 10 |
| disconnected which (1) contains 20 or more
acres; (2) is | 11 |
| located on the border
of the municipality; (3) if disconnected, | 12 |
| will not result in the isolation
of any part of the | 13 |
| municipality from the remainder of the
municipality, (4) if | 14 |
| disconnected, the future growth prospects , comprehensive and | 15 |
| plan , public health
and zoning ordinances, if
any, of such | 16 |
| municipality will not be unreasonably disrupted, (5) if
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| disconnected, no substantial disruption will result to | 18 |
| existing municipal
service facilities, such as, but not limited | 19 |
| to, sewer systems, protection of ground water resources, street
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| lighting, water mains, garbage collection and fire protection, | 21 |
| (6) if
disconnected the municipality will not be unduly harmed | 22 |
| through loss of tax
revenue in the future. The procedure for | 23 |
| disconnection shall be as follows:
The owner or owners of |
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SB2578 |
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LRB095 19874 HLH 46273 b |
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| record of any such area of land shall file a
petition in the | 2 |
| circuit court of the county where the land is situated,
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| alleging facts in support of the disconnection. The | 4 |
| municipality from which
disconnection is sought shall be made a | 5 |
| defendant, and it, or any taxpayer
residing in that | 6 |
| municipality, may appear and defend against the petition. | 7 |
| Public notice shall be given of the filing of the petition to | 8 |
| disconnect in a newspaper of general circulation in the | 9 |
| municipality, within 20 days after the petition is filed with | 10 |
| the circuit court. The notice shall inform all taxpayers of | 11 |
| their right to appear and defend against the petition and shall | 12 |
| identify the territory to be disconnected, the court in which | 13 |
| the petition shall be heard, and the name and docket number of | 14 |
| the petition. In evaluating standards (1) through (6) in this | 15 |
| Section, the court shall consider evidence of (i) development | 16 |
| that would occur in the remaining part of the municipality but | 17 |
| for disconnection, (ii) the future development of the site, | 18 |
| (iii) the future development of the municipality, (iv) the | 19 |
| effect on tax revenue in the future, and (v) the best interests | 20 |
| of the community. Evidence of the best interests of the | 21 |
| community shall include and not be limited to evidence of | 22 |
| development plans, the result of any public hearing which the | 23 |
| municipality may, but is not obligated to, conduct on | 24 |
| disconnection of subject property, the trend of development, | 25 |
| effect upon ground water, compliance with municipal and | 26 |
| regional comprehensive plans, and compliance with other |
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SB2578 |
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LRB095 19874 HLH 46273 b |
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| statutes and intergovernmental agreements.
If the court finds | 2 |
| that the allegations of the petition are true , that the | 3 |
| disconnection is in the best interest of the community, and | 4 |
| that
the area of land is entitled to disconnection it shall | 5 |
| order the specified
land disconnected from the designated | 6 |
| municipality. If the circuit court
finds that the allegations | 7 |
| contained in the petition are not true, the
court shall enter | 8 |
| an order dismissing the petition.
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| An area of land, or any part thereof, disconnected under | 10 |
| the provisions
of this section from a municipality which was | 11 |
| incorporated at least 2 years
prior to the date of the filing | 12 |
| of such petition for disconnection shall
not be subdivided into | 13 |
| lots and blocks within 3 years after 1 year from the date of | 14 |
| such
disconnecting. A plat of any such proposed subdivision | 15 |
| shall not be
accepted for recording or registration within such | 16 |
| 3-year one year period, unless
the land comprising such | 17 |
| proposed subdivision shall have been thereafter
incorporated | 18 |
| into a municipality.
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| (Source: P.A. 83-1362.)
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