(70 ILCS 805/14.1) (from Ch. 96 1/2, par. 6330.1)
Sec. 14.1.
(a) Territory included within the limits of any forest preserve
district and exactly coterminous with the
boundaries of any county with a population of 125,000 or less or any
municipality or township within a county with a population of 125,000 or
less may be
disconnected from the district
in the manner set forth in this Section.
(b) Territory disconnected pursuant to this Section shall remain liable
for its proportionate share of the bonded indebtedness outstanding as of
the date of disconnection, if any, of the district from which it was disconnected.
(c) Five per cent or more of the legal voters residing within the limits
of the territory proposed to be disconnected may file a petition, in the
court of the county where the territory which seeks to be disconnected
is located, setting forth the description of the territory sought to be
disconnected
and the amount of
any outstanding bonded indebtedness against
the district in which the territory is then situated which has been incurred
pursuant to this Act. The petition shall also include a prayer that the
question whether the disconnection
shall be made
be submitted to the voters of the territory sought to be disconnected.
(d) Upon the filing of the petition, the court shall set a day for hearing,
not less than 2 weeks nor more than 4 weeks from the date of filing.
The court, or the circuit clerk or sheriff upon order of the court, shall
give 2 weeks notice of such hearing in one or more daily or weekly newspapers
of general circulation in the county or in each county wherein the district
from which the territory sought to be disconnected is organized, and post
at least 10 copies of the notice in conspicuous places in the district from
which the territory is sought to be disconnected.
(e) All property owners in the district from which the disconnection is sought,
and all interested persons, may file objections and may appear at
the hearing and contest the disconnection and the matters averred in the petition.
Both objectors and petitioners may offer any competent evidence in regard
to the disconnection petition.
(f) If, upon hearing the petition, the court finds that the petition
meets the conditions set forth in this Section, it shall
certify to the proper election officials the question of whether the territory
shall be disconnected, and the election officials shall submit that question at an
election in the territory in accordance with the general election law.
The proposition shall be in substantially the following form:
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Shall the territory coterminous with .......... (county, YES municipality or township) - - - - - - - - - - - - - - - - - - - - - - - - - - -
be disconnected from the ........ NO Forest Preserve District? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast upon the question of making the disconnection
are in favor of the disconnection, the territory shall then cease
to be a part of the forest preserve district to which it has
been attached.
In each case in which a disconnection is effected pursuant to the provisions
of this Section, the circuit clerk in whose court the disconnection proceedings
have been conducted shall certify copies of all orders entered in effecting
such disconnection and file
or send them to the proper circuit clerk or clerks for filing.
(g) If a majority of the votes cast upon the question of making the
disconnection shall be against the disconnection, the proposition shall not
be submitted to a vote in the same territory for a period of 23 months.
(Source: P.A. 86-302; 86-1023 .)
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