(70 ILCS 2405/23) (from Ch. 42, par. 317e)
Sec. 23.
Additional contiguous territory may be added to any sanitary
district organized under this Act in the manner following:
Ten per cent or more of the legal voters resident within the limits
of such proposed addition to such sanitary district may petition the
circuit court for the county in which the original petition for the
formation of said sanitary district was filed, to cause the question to
be submitted to the legal voters of such proposed additional territory
whether such proposed additional territory shall become a part of any
contiguous sanitary district organized under this Act and whether such
additional territory and the taxpayers thereof shall assume a
proportionate share of the bonded indebtedness, if any, of such sanitary
district. Such petition shall be addressed to the court and shall
contain a definite description of the boundaries of the territory sought
to be added. Provided that no territory disqualified in Section 1 of
this Act shall be included.
Upon filing such petition in the office of the circuit clerk of the
county in which the original petition for the organization of such
sanitary district was filed it shall be the duty of the court to
consider the boundaries of such proposed additional territory. 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 court shall certify the proposition to
the proper election officials, who shall submit the proposition to the voters
at an election in accordance with the general election law. The proposition
shall be in substantially the following form:
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For joining sanitary district and assuming a proportionate share of bonded indebtedness, if any. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Against joining sanitary district and assuming a proportionate share of bonded indebtedness, if any. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes on the proposition
shall be in favor of
becoming a part of such sanitary district and if the trustees of such
sanitary district accept the proposed additional territory by ordinance
annexing the same, the court shall enter an appropriate order of record
in the court, and such additional territory shall thenceforth be
deemed an integral part of such sanitary district. Any such additional
contiguous territory may be annexed to such sanitary district upon
petition addressed to such court, signed by a majority of the owners of
lands constituting such territory who, in the case of natural persons,
shall have arrived at lawful age and who represent a majority in area of
such territory, which said petition shall contain a definite description
of the boundaries of such territory and shall set forth the willingness
of the petitioners that such territory and the taxpayers thereof assume
a proportionate share of the bonded indebtedness, if any, of such
sanitary district. Upon the filing of such petition and notice of and
hearing and decision upon the same by the court, all as hereinbefore
provided, the court shall enter an order containing his or their
findings and decision as to the boundaries of the territory to be
annexed; and thereupon, if the trustees of such sanitary district shall
pass an ordinance annexing the territory described in such order to said
sanitary district, said court shall enter an appropriate order as
hereinabove provided, and such additional territory shall thenceforth be
deemed an integral part of such sanitary district.
(Source: P.A. 83-343 .)
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