A. Application: This section shall apply to and regulate disconnections of property located in the village and to be removed from the village.
B. Disconnections By The Village: The village may disconnect territory that is on the border of the corporate limits and within the village as follows 1 :
1. Filing a petition for disconnection with the village clerk. The petition must:
a. Be signed by the owners of record of a majority of the territory;
b. Be filed at least thirty (30) days before it is considered for vote on an ordinance to disconnect; and
c. Be accompanied by a certificate of the McLean County clerk indicating that all taxes or assessments due have been paid in full.
2. A majority vote of the village board of trustees then in office must approve an ordinance to disconnect. The village board of trustees, when determining whether disconnection is appropriate, shall consider whether the disconnection will:
a. Result in the isolation of any remaining part of the village;
b. Disrupt the growth prospects and planning and zoning ordinances of the village;
c. Disrupt existing municipal services; and
d. Unduly harm the village through undue loss of tax revenue in the future.
3. If the ordinance to disconnect is approved, the village clerk or designee must file a certified copy of the disconnection ordinance with the McLean County clerk and the McLean County recorder within ninety (90) days of the passage of the disconnection ordinance 2 .
C. Disconnection By Court Procedure: The owners of record of one or more tracts of land lying within the village may petition the court for disconnection of that territory as set forth in 65 Illinois Compiled Statutes 5/7-3-6.
D. Disconnection And Annexation To Contiguous Municipalities: Disconnections from the village while simultaneously annexing into another municipality are subject to the provisions of 65 Illinois Compiled Statutes 5/7-1-24 through 5/7-1-28. (Ord. 2009-113, 9-21-2009)
Notes
| 1 | 1. 65 ILCS 5/7-3-4. |
| 2 | 1. 65 ILCS 5/7-3-5. |
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