(70 ILCS 2405/24) (from Ch. 42, par. 317f)
Sec. 24.
Any contiguous territory located within the boundaries of
any sanitary district organized under this Act, and upon the border of
such district, may become disconnected from such district in the manner
following, to-wit: 10% or more of the legal voters resident in the
territory sought to be disconnected from such district, may petition the
circuit court for the county in which the original petition for the
organization of said district was filed, to cause the question of such
disconnection to be submitted to the legal voters of such territory
whether said territory shall be disconnected. Said petition shall be
addressed to the court and shall contain a definite description of the
boundaries of such territory and recite as a fact, that there is no
bonded indebtedness of such sanitary district incurred while such
territory was a part of such sanitary district and that no special
assessments for local improvements were levied upon or assessed against
any of the lands within such territory or if so levied or assessed, that
all of such assessments have been fully paid and discharged and that
such territory is not, at the time of the filing of such petition, and
will not be, either benefited or served, as defined in Section 23.5 of this
Act, by any work or improvements either then existing or then authorized by
said sanitary district. Upon filing such petition in the office of the
circuit clerk of the county in which the original petition for the
formation of such sanitary district has been filed it shall be the duty of
the court to consider the boundaries of such territory and the facts upon
which the petition is founded. The court may alter the boundaries of such
territory and shall deny the prayer of the petition, if the material
allegations therein contained are not founded in fact. 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 question to the
proper election officials who shall submit the question at an election in
accordance with the general election law. The question shall be in
substantially the following form:
--------------------------------------------------------------------------------------------------------------------- For disconnection fromSanitary District.--------------------------------------------------------------------------------------------------------------------- Against disconnection fromSanitary District.---------------------------------------------------------------------------------------------------------------------
If a majority of the votes on the question shall be in favor of
disconnection, and if the trustees of such sanitary district shall, by
ordinance, disconnect such territory, thereupon the court shall enter an
appropriate order of record in the court and thereafter such territory
shall henceforth be deemed disconnected from such sanitary district.
(Source: P.A. 86-296.)
|