2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1205/ - Park District Code. › Article 3 - Annexation--Disconnection

(70 ILCS 1205/Art. 3 heading)
ARTICLE THREE.  
		ANNEXATION--DISCONNECTION
(70 ILCS 1205/3-1) (from Ch. 105, par. 3-1)
Sec. 3-1. 
		Annexation by petition. 
		Any territory adjoining a park
district, or separated therefrom only by
a river, stream or other body of water, street, alley, roadway, highway,
toll road, or railroad, may become a part of the district
if a majority of the legal voters residing in and a majority of the
property owners of record within the territory proposed to be annexed to
the district petition the board of the
district to be annexed.  The board may, in its
discretion, by ordinance, annex the
territory to the district, and the territory
shall then become and be a
part of the district the same as though originally included in
the
district.  No tract of land, however, exceeding
20 acres in area
shall be included in an annexation petition without the written consent
of the owner of record unless the tract is (1) subdivided into lots or
blocks or (2) bounded on at least 3 sides by lands subdivided into
lots or blocks. A certified copy of the annexing ordinance shall be filed
in the offices of the county clerk and Recorder of each county in which
the annexation takes place.  The new boundary shall
extend to the far
side of any adjacent highway and shall include all of every highway within
the area annexed.  These highways shall be considered to be annexed even
though not included in the legal description set forth in the annexation
ordinance.
(Source: P.A. 89-458, eff. 5-24-96; 89-536, eff. 7-19-96.)
(70 ILCS 1205/3-2) (from Ch. 105, par. 3-2)
Sec. 3-2. 
		
		Territory adjoining any Park District, or separated
therefrom only by a river, stream, drainage canal or ditch or other body
of water, street, alley, roadway, highway, toll road, or railroad, may
be annexed to and become a part of such district in the manner
following: The board of any park district may initiate the proceedings
by enacting an ordinance expressing its desire to annex such territory
or any 100 or more legal voters residing within the territory proposed
to be annexed, may petition to initiate such annexation proceedings.
Such ordinance or petition shall be filed with the Clerk of the Circuit
Court of the County wherein such Park District or greater or greatest
portion thereof lies, which ordinance or petition shall set forth the
name of the Park District to which annexation is proposed, define the
limits of the territory proposed to be annexed, and request the Judge of
the Circuit Court to order the question initiated by the petition or
ordinance to be submitted to the legal voters of such Park District and
of the territory proposed to be annexed; provided, however, if the legal
voters residing within the territory proposed to be annexed are fewer
than 200 in number, a majority of such legal voters, may petition in
like manner as above; provided, further, that if there are no legal
voters residing within the territory proposed to be annexed a majority
of the adult owners of record of lands within the territory proposed to
be annexed, and who represent a major portion in area of land within
such territory, may petition in the manner above provided; provided
further, that no tract of land exceeding 20 acres in area shall be
included in such petition or ordinance without the written consent of
the owners of record unless the same (1) is subdivided into lots or
blocks, (2) is bounded on 3 sides by lands subdivided into lots or
blocks, or (3) is used for commercial or industrial purposes.
The petitioners or corporate authorities, as the case may be, shall give
notice of the annexation petition or ordinance, as the case may be, not
more than 45 or less than 30 days prior to the passage of such ordinance or
the filing of the petition with the Clerk of the Circuit Court.  This
notice shall state that a petition or ordinance for annexation, as the case
may be, will be filed and give the substance of the petition or ordinance,
including a description of the territory to be annexed, the date of filing
and the name of the annexing park district.  This notice shall be given by
publishing a notice once in a newspaper published in the annexing park
district, or, if no newspaper is published in the annexing park district,
then in a newspaper with a general circulation within the annexing park
district.  A copy of this notice shall be filed with the clerk of the
annexing park district. Upon the filing of such petition the court shall
determine its validity and if it is in conformity with law shall order said
proposition submitted to referendum as provided in Section 3-3 hereof.
(Source: P.A. 85-1440.)
(70 ILCS 1205/3-3) (from Ch. 105, par. 3-3)
Sec. 3-3. 
		
		Whenever the annexation of other districts or additional
territory to any park district requires a referendum under the provisions of
this Article, the referendum shall be conducted in the manner provided by the
general election law in the territory or district proposed to be annexed and in
the park district to which annexation is proposed, (provided, that if there are
no legal voters residing within the territory proposed to be annexed no
election need be held in such territory; but the election shall be ordered to
be held only in the park district to which annexation is proposed) the court
shall certify the proposition to the proper election officials who shall submit
the proposition at an election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall (name of park district) annex (description of     the territory or name of the district) for park purposes?
The circuit judge shall cause a statement of the result of the election to be
entered of record in the circuit court, a certified copy of which statement
shall be filed by the board of the district in the records of the district, and
recorded in the offices of the county clerk and recorder of each county in
which the district lies.
If a majority of the votes cast upon that question at such election
in the territory proposed to be annexed shall be for annexation, or if
no votes whatever are cast for or against the question at such election
in the territory proposed to be annexed, or if no election is held in
such territory because there are no legal voters residing therein, and,
also, if a majority of the votes cast upon the question in the annexing
district shall be for annexation, then the adjoining territory shall
thenceforth be a part of such district.
Upon annexation, whether by petition or referendum, all the taxable
property in the territory or in the district annexed shall be subject to
all of the tax rates of the annexing district.
(Source: P.A. 87-1052.)
(70 ILCS 1205/3-3a) (from Ch. 105, par. 3-3a)
Sec. 3-3a. 
		Annexation; municipal territory. 
		Where territory to
be annexed includes any part of a municipality not currently
a part of any park district, that territory must include the
municipality in its
entirety.  The board of any park district may initiate the proceedings by
enacting an ordinance expressing its desire to annex the territory, or any
100 or more legal voters residing within the municipality proposed to be
annexed may petition to initiate annexation proceedings.  The
ordinance or petition shall be filed with the clerk of the circuit court
where the park district or a greater or greatest
portion lies.  The ordinance or petition shall
set forth the name of the park district
to which annexation is proposed and define the limits of the territory
proposed to be annexed.  Upon the filing of the petition, the court shall
determine its validity and, if it is in conformity with law, shall order
the proposition submitted to referendum as provided in Section
3-3.  The changes made to this Section by this amendatory Act
of 1991 clarify the language and make no substantive changes.
(Source: P.A. 87-847.)
(70 ILCS 1205/3-4) (from Ch. 105, par. 3-4)
Sec. 3-4. 
		
		Any park districts, may be annexed to and become a part of
any other adjoining park district in the manner following:
Upon the filing of a petition in the office of the circuit clerk of
the county in which the annexing district or the greater or greatest
portion thereof is located, signed by voters in number equal to at least
5% of the legal voters voting at the last general election in the
district proposed to be annexed and by voters in number equal to at
least 5% of the legal voters voting at the last general election in the
district to which such annexation is proposed to be made, the circuit
court for such county shall order the question of such annexation to be
submitted to the legal voters of both park districts, in the manner
prescribed in Section 3-3 hereof. The debts and obligations of the
annexed district shall be transferred as provided in Section 3-5
hereof.
(Source: P.A. 81-1489.)
(70 ILCS 1205/3-5) (from Ch. 105, par. 3-5)
Sec. 3-5. 
		
		In case of annexation of an entire park district by another park
district under Section 3-4 hereof, any indebtedness, contract or liability
of the park district so annexed shall be assumed and paid by the district
so annexing and said district so annexing shall be vested with the title
and ownership of all the property of the district annexed. Upon such
annexation the commissioners and officers of the annexed district shall
immediately close up the business of said district and transfer to the
annexing district all books, records, property, and revenues collectible,
of the district so annexed, whereupon their terms of office shall expire.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/3-6) (from Ch. 105, par. 3-6)
Sec. 3-6. 
		
		Any territory, within any park district, which (1) is upon the
border of the park district, and (2) if disconnected from the park district
would not separate any part of the park district from any other part, may
be disconnected from the park district, in the discretion of its corporate
authorities as follows:
A written petition, signed by the majority of the owners of record of
land and the owners of record of more than one-half of the area of land in
the territory described in the petition, shall be filed with the secretary
of the governing board of the park district, requesting that the specified
territory be disconnected from the park district. The petition shall be
filed at least 30 days before it is considered by the corporate
authorities. The petition shall be accompanied with the certificate of the
proper county clerk, or county clerks as the case may be, showing that all
park district assessments due up to the time of presenting the petition are
fully paid. The corporate authorities may, in their discretion, disconnect
the territory from the park district by an ordinance passed by a majority
of the members of the governing board.
(Source: Laws 1957, p. 2271.)
(70 ILCS 1205/3-6a) (from Ch. 105, par. 3-6a)
Sec. 3-6a. 
		
		Within one year of the organization of any park district under
the provisions of Article 2 of this Act, any territory which has been
included therein may be disconnected from such park district if the
territory sought to be disconnected is (1) upon the border, but within the
boundary of the park district, (2) contains 20 or more acres, (3) if
disconnected will not result in the isolation of any part of the park
district from the remainder of the park district, (4) if disconnected will
not be a territory wholly bounded by one or more park districts or wholly
bounded by one or more park districts and a river or lake, and (5) is
adjoining another park district, the board of which has on file a petition
for annexation of the territory pursuant to the provisions of Article 3-1
of this Act and has enacted an ordinance stating that the park district
will annex said territory within 30 days of the entry of an order of
disconnection by the Circuit Court, in the following manner:
A written petition filed in the Circuit
Court of the county in which the territory proposed to be disconnected is
located or if such territory is located in more than one county then in
the Circuit Court of the county in which the greater
part of such territory may be located, which petition shall be signed by
a majority of the electors, if any, residing within the territory, and also
signed by a majority of the owners of record of land in such territory,
and also representing a majority of
the area of land in such territory, shall be filed with the clerk of the
Circuit Court within one year of the organization of any park district
under the provisions of Article 2 of this Act. The petition shall set forth
the description of the territory to be detached from such park district,
shall allege the pertinent facts in support of the disconnection of such
territory, shall include a certified copy of an ordinance of the adjoining
park district with which has been filed a petition for the annexation of
the territory, stating that the park district will annex the
territory within 30 days after the entry of an order of disconnection by the Circuit
Court and shall pray the Circuit Court to detach
the territory from the park district.
Upon the filing of the petition, the Circuit Court judge shall set
the same for public hearing which date of public hearing shall be within 30 days of
the date of the filing of the petition, and the clerk of the Circuit Court
shall give at least 20 days notice of such hearing by publishing notice
thereof once in a newspaper having a general circulation within such park
district. The notice shall refer to the petition filed with the Circuit
Court, shall describe the territory proposed to be disconnected,
shall indicate the prayer of the petition and the date, time and place at which
the public hearing will be held and shall further indicate that the park
district and any and all persons residing in or owning property in the
territory involved or in the park district from which such territory is
sought to be disconnected shall have an opportunity to be heard on the
prayer of the petition. Notice of the filing of the petition, the substance
of which shall be as hereinabove prescribed for the published notice, shall
also be mailed to the commissioners of the park district from which the
territory is sought to be disconnected.
The public hearing may be continued from time to time by the Circuit
Court.  After such public hearing and having heard any and
all persons desiring to be heard, including the park district and any and all persons
residing in or owning property in the territory involved or in the park
district from which such territory is sought to be disconnected, if the
Circuit Court finds that the allegations of the petition
are true, the court shall grant the prayer of the petition and
shall enter a judgment disconnecting the territory from
the park district, which judgment shall be filed of record in the Circuit Court and
the clerk of the Circuit
Court shall cause to be delivered a certified copy of such
judgment to the commissioners of the park district from
which such territory has been
detached. If the Circuit Court finds that the allegations
contained in the petition are not true then the court shall enter
a judgment dismissing the same.
(Source: P.A. 83-1362.)
(70 ILCS 1205/3-6b) (from Ch. 105, par. 3-6b)
Sec. 3-6b. 
		
		The owner or owners of record of any area of land consisting of one
or more tracts located in a county or counties having a population of
less than 1,000,000 lying within the corporate limits of any park
district which (1) is not contiguous in whole or in part to any other
park district; (2) contains 20 or more acres; (3) is not subdivided into
municipal lots and blocks; (4) is located on the border of the park
district, (5) which, if disconnected will not result in the isolation of
any part of the park district from the remainder of the park district,
and (6) which, if disconnected will not result in reducing the assessed
valuation, as equalized or assessed by the Department of Revenue, of
all of the taxable property within the park
district to be ascertained by the last assessment for state and county
taxes prior to the filing of the petition, to less than $20,000,000, may
have the area disconnected as follows:
The owner or owners of record of any such area shall file a petition
in the circuit court of the county in which the land is situated,
alleging facts in support of the disconnection. If such area of land is
located in 2 or more counties, such petition shall be filed in the
circuit court of the county in which the largest portion of such area of
land is located. The park district from which disconnection is sought
shall be made a defendant and it or any taxpayer residing in the park
district may appear and defend against the petition. If the court finds
that the allegations of the petition are true, and that the area of land
is entitled to disconnection, it shall order the designated land
disconnected from the designated park district. Such petition shall be
filed within one year after the park district is organized.
This Section shall apply only to park districts which are organized
after the effective date of this amendatory Act.
(Source: P.A. 81-1509.)
(70 ILCS 1205/3-6c) (from Ch. 105, par. 3-6c)
Sec. 3-6c. 
		
		
		Any territory which: (1) is within the corporate limits of a
municipality which, as an incident of its municipal government and under
the Illinois Municipal Code, is operating and maintaining a system of parks
consisting of 2 or more park areas within its corporate limits, and (2) is
also within the limits of a park district, 90% or more of the area of which
lies outside the boundaries of such municipality, and (3) was not annexed
to the municipality subsequent to the organization of the park district,
and (4) comprises all the area of the park district within the
municipality; may be disconnected from the park district.
Such disconnection shall be initiated by a written petition signed by a
majority of the owners of record of all land within the territory and the
owners of record of not less than 2/3 of the land contained within the
territory. The petition shall be filed with the clerk of the circuit court
of the county in which the municipality and park district are situated. The
circuit court shall thereupon fix a date and time not less than 30 days nor
more than 180 days after the date of filing of such petition for a public
hearing on the subject of the petition. Notice of the time and place of the
hearing shall be given by the clerk of the circuit court at least 20 days
prior to the date fixed for the hearing by at least one publication thereof
in one or more daily or weekly newspapers having a general circulation
within the park district.
If the circuit court finds upon such hearing that the petition meets the
requirements of this Section; that the territory to be disconnected
fulfills the conditions of this Section; it may enter an order of
disconnection ordering that the territory described in the petition be
disconnected from the park district. No disconnection of territory under
this Section shall be permitted if the park district has ownership of a
park located in the territory to be disconnected. All questions of
indebtedness and the tax obligations between the district and the territory
affected shall be adjusted in the manner provided for in Section 3-7 of
this Act.
(Source: P.A. 78-457.)
(70 ILCS 1205/3-6d) (from Ch. 105, par. 3-6d)
Sec. 3-6d. 
		
		(a) This Section applies only in a park district located
in whole or in part within a county with a population of more than 250,000
but less than 1,000,000.
(b) A contiguous area of land containing one or more tracts may be
disconnected from the district if (1) the area contains 20 acres or more in
the aggregate, (2) the area is located on the border of the district, (3)
disconnection will not cause any part of the district to be isolated from
the rest of the district, and (4) the district has levied taxes in a total
amount of less than $10,000 for each of the 5 previous years.
(c) The owner or owners of record of the area must file a petition
in the circuit court of the county in which the land is situated
alleging facts in support of the disconnection. If the area is
located in 2 or more counties, the petition must be filed in the
circuit court of the county in which the largest portion of the area
is located. The district from which disconnection is sought
shall be made a defendant, and it or any taxpayer residing in the
district may appear and defend against the petition. If the court finds
that the allegations of the petition are true and that the area
is entitled to disconnection, it shall order the area
disconnected from the district.
(Source: P.A. 86-132.)
(70 ILCS 1205/3-7) (from Ch. 105, par. 3-7)
Sec. 3-7. 
		
		The disconnection of any territory from a park district shall not
exempt it from taxation for the purpose of paying any indebtedness
contracted by the corporate authorities of the park district prior to the
filing of the petition for disconnection. On the contrary, the territory
shall be assessed and taxed to pay such indebtedness until this
indebtedness is completely paid, the same as though the territory had not
been disconnected. Except for this purpose, no county clerk shall include
disconnected territory within the limits of the park district from which
the territory has been disconnected.
(Source: Laws 1955, p. 252.)
(70 ILCS 1205/3-8) (from Ch. 105, par. 3-8)
Sec. 3-8. 
		Annexation of surrounded territory. 
		Upon a written
petition, signed by a majority of the owners of record of land
in any contiguous territory not incorporated within a park district, wholly
bounded by 2 or more park districts, the specified territory may be annexed
by any one of the specified park districts by the passage of an ordinance
providing therefor.  The ordinance shall describe the territory annexed,
which shall not exceed one-third of the area of the annexing park
district before the annexation.  The park district to which the territory
is to be annexed shall send a copy of the proposed annexing
ordinance, by certified mail, at least 30 days before the annexing
ordinance takes effect, to the last known addresses, if any, ascertained
upon diligent search, of the owners of record of land in that
territory.  A certified copy of the annexing ordinance and an accurate
map of the annexed territory shall be filed in the offices of the county
clerk and recorder of each county in which annexation takes place.
(Source: P.A. 87-368; 87-895.)
(70 ILCS 1205/3-9) (from Ch. 105, par. 3-9)
Sec. 3-9. 
		
		Whenever any territory, containing 80 acres or less, not
incorporated within a park district is wholly bounded by one or
more park districts, or is wholly bounded by one or more park districts
and a river, lake, railroad or arterial street, such territory may be annexed
by any
park district by which it is bounded in whole or in part, by the passage
of an ordinance to that effect after notice is given as provided in this
Section The corporate authorities shall cause notice, stating that
annexation of the territory described in the notice is contemplated under
this Section, to be published once, in a newspaper published in the
annexing park district, or, if no newspaper is published in the annexing
park district, then in a newspaper with a general circulation within the
annexing park district not more than 45 nor less than 30 days before the
passage of the annexation ordinance. The ordinance shall describe the
territory annexed and a certified copy thereof together with an accurate
map of the annexed territory shall be filed in the offices of the County
Clerk and Recorder of each county in which said annexation takes place.
As used in this Section, "arterial street" means any U.S. or State numbered
route, controlled access highway, or other major radial or circumferential
street or highway designated by local authorities within their respective
jurisdictions as part of a major arterial system of streets or highways.
(Source: P.A. 90-89, eff. 1-1-98.)
(70 ILCS 1205/3-10) (from Ch. 105, par. 3-10)
Sec. 3-10. 
		
		Whenever a Park District operating within territory
predominately in a city or village or 2 or more cities or villages would
become coterminous or nearly coterminous with such city or village or 2
or more cities or villages upon the annexation of additional territory
within such municipalities but not incorporated within a park district,
such Park District may annex such additional territory by the passage of
an ordinance to that effect. However, no territory may be annexed under
this Section more than one year after it has first been included in such
municipality unless such territory so annexed is 120 acres or less.
The ordinance shall describe the territory annexed and a certified copy
thereof together with an accurate map of the annexed territory shall be
filed in the offices of the county clerk and recorder of each county in
which the annexation takes place.
(Source: P.A. 87-368.)
(70 ILCS 1205/3-10.1) (from Ch. 105, par. 3-10.1)
Sec. 3-10.1. 
		
		Territory which is not contiguous to a park district but
is separated therefrom only by a forest preserve district may be annexed to
the park district in the manner provided in Section 3-1, 3-2, 3-4 or 3-10,
but the territory of the forest preserve district shall not be annexed to
the park district nor shall the territory of the forest preserve district
be subject to rights-of-way for access or services between the parts of the
park district separated by the forest preserve district without the consent
of the governing body of the forest preserve district.
(Source: P.A. 85-157.)
(70 ILCS 1205/3-11) (from Ch. 105, par. 3-11)
Sec. 3-11. 
		
		Any 2 or more contiguous park districts may be consolidated and
become a single park district in the manner following: The park commissioners
of each of the park districts desiring to consolidate shall adopt an ordinance
by a vote of not less than 2/3 of the commissioners of each district, which
ordinance shall duly set forth the intent of the park districts to
consolidate with the contiguous park district or districts as therein set
forth, shall designate the park district which shall be the survivor of the
consolidation, and shall designate the names of the commissioners thereof,
which commissioners shall, at the time of the consolidation be duly elected
and acting commissioners of the districts concerned in the consolidation. A
certified copy of said ordinances shall be filed in the office of the clerk
of the county, or counties, within which any part of the consolidated park
district shall be located.
Upon the adoption of the ordinances by the park districts concerned the
park district designated in the ordinances as the survivor of the
consolidation shall assume the functions previously performed by the park
districts and the surviving park district shall have the power and
authority to levy and collect such taxes at such rates as shall have been
previously authorized, levied and collected by the designated survivor
district.
All parks and other property owned by the districts adopting such
ordinances shall thereupon be vested in the newly consolidated park
district and the newly consolidated park district shall succeed to all of
the outstanding rights and obligations of the districts concerned.
(Source: P.A. 78-435.)
(70 ILCS 1205/3-13) (from Ch. 105, par. 3-13)
Sec. 3-13. 
		
		If 2 park districts have a common boundary and more than
1/2 the population of each such park district consists of any one
municipality, then any property owner whose property is located within
the incorporated limits of a municipality, and in a park district more
than 1/2 the population of which consists of a different municipality,
may disconnect from the park district not representative of his
municipality and annex to the park district that is representative of
his municipality by filing a notice of such intention with the county
clerk as provided in this Section. A property owner may not file such
notice to disconnect and annex unless (a) his property is contiguous
with the boundary of the park district to which annexation is sought,
and (b) he personally resides upon the parcel which he proposes to have
disconnected, and the parcel which he proposes to disconnect is not more
than one acre in size and is used exclusively for residential purposes.
Any number of property owners may join in filing a single notice of
their intent to disconnect and annex all of their respective properties
under this Section if the property of every owner involved complies with
the requirements set forth in (a) above and borders on the property of
another owner who joins in the filing of such notice, and if the
property of at least one of the owners so filing is contiguous to the
boundary of the park district to which annexation is sought.
Copies of the notice of intention filed by the property owner shall
be forwarded by the county clerk to each park district involved in the
disconnection and annexation not more than 5 days following the date of
filing. The notice shall be subject to review by all interested parties
for 90 days from the date of filing. If any interested party objects to
such disconnection and annexation and the boards of the respective park
districts cannot agree, then the matter shall be determined by the
circuit court of the county in which the district from which
disconnection is sought is situated upon the petition of either district
or of any taxpayer in either municipality. The court shall hear and
determine the matter and shall enter judgment as the right and equity
of the matter may demand. If judgment is entered by the court a
certified copy of such judgment shall be made by the clerk of the court
and filed with the secretary of each of the park districts and with the
county clerks of the counties involved and by such county clerks
certified to the Department of Revenue. If the notice
of intention is found in compliance with this Section and no petition is
filed as herein provided the disconnection and annexation shall become
effective January 1 following the expiration of the 90 day period, and
shall be so recorded with the county clerk and recorder.
The disconnection of any property from a park district under this
Section shall not exempt such property from taxation for the purpose of
paying any bonded indebtedness incurred by such park district prior to
the effective date of the disconnection. Where any property is annexed
to a park district under this Section, such property shall be subject to
taxation for indebtedness incurred by such park district prior to the
effective date of the annexation.
(Source: P.A. 83-358.)
(70 ILCS 1205/3-14) (from Ch. 105, par. 3-14)
Sec. 3-14. 
		
		Neither the People of the State of Illinois nor any person, firm
or corporation, public or private, nor any association of persons shall
commence an action contesting either directly or indirectly the annexation
of any territory to a park district unless initiated within one year after
the date such annexation becomes final or within one year of October 1,
1975, whichever date occurs later. This amendatory
Act of 1975 shall apply to annexations made prior to the effective date
of the Act as well as those made on or after the effective date.  Where
a limitation of a shorter period is prescribed by statute such shorter limitation
applies.
(Source: P.A. 86-820.)