(65 ILCS 5/7-1-26) (from Ch. 24, par. 7-1-26)
Sec. 7-1-26.
Any territory containing 60 acres or less lying along
one or both sides of the boundary line between 2 adjoining
municipalities, and contiguous to a third municipality may be excluded
from one or both of the adjoining municipalities and annexed to the
third contiguous municipality, as follows:
The corporate authorities of the excluding municipalities or
municipality shall, by majority vote of the corporate authorities then
holding office, adopt an ordinance providing for such exclusion, and the
corporate authorities of the annexing municipality shall adopt an
ordinance providing for the annexation of this territory. Upon the
adoption of these ordinances, the territory is thereby excluded from the
excluding municipalities and added to the annexing municipality. The
chief executive officer of each municipality thereupon shall file for
recordation an accurate map of the excluded or added territory, as the
case may be, together with a certified copy of the ordinance for
exclusion or annexation with the recorder of the county in which
the excluded or added territory, as the case may be, is situated. The
ordinance shall be published in a newspaper of general circulation in the
excluding and annexing municipalities and shall contain a notice of (1)
the specific number of voters required to sign a petition requesting the
question of disconnection and annexation to be submitted to the electors;
(2) the time in which such petition must be filed; and (3) the date of the
prospective referendum.
The clerks of the municipalities in which the territory is sought to be
disconnected or annexed shall provide a petition form to any individual
requesting one.
Whenever any disconnection and annexation shall be effected as provided
in this Section any taxpayer in such area disconnected and annexed may,
within 10 days after adoption of the annexing ordinance, file with the
clerk of the circuit court in the county wherein the disconnected and
annexed area is located a petition signed by not less than 10% or 100,
whichever is lesser, of the electors of the area disconnected and
annexed, requesting the submission to a referendum of the following
proposition: "Shall the territory (here describe it) be disconnected
from the municipality of .... and annexed to the municipality of ....?"
The circuit court, if it finds the petition to be in conformity with law,
shall order that the proposition be submitted at an election to be conducted
in accordance with the general election
law. The clerk of the circuit court shall certify the proposition to the
proper election authority for submission.
If a majority of
the voters voting on the proposition vote in favor thereof, such
disconnection and annexation shall be valid and binding. If a majority
of the vote is against such proposition the disconnection ordinance
adopted by the disconnecting municipality and the annexation ordinance
adopted by the annexing municipality shall be void.
(Source: P.A. 91-357, eff. 7-29-99.)
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