§ 18-1804 — Diminishing boundaries

§ 18-1804 Diminishing boundaries. The boundaries of a village may be\ndiminished by excluding from its corporate limits territory not adjacent\nto nor benefited by either street or sidewalk improvements, electric\nlights, sewers, water works system or fire protection, when any of such\nbenefits, improvements or system have been completed in a village. A\npetition for diminishing the boundaries of a village by excluding\nterritory therefrom may be presented to the board of trustees of such\nvillage. Such petition shall describe the territory sought to be\nexcluded, and shall state the number of inhabitants thereof and the\nnames of the owners and occupants of each parcel of land therein, and\nshall be signed and duly acknowledged by a majority of the persons\nresiding therein, if any, qualified to vote for village officers, or by\nthe owners of a majority in value of the real property sought to be\nexcluded, assessed upon the last preceding village assessment-roll.\nEach person signing such petition shall state opposite his name the\nassessed valuation of all property owned by him in such territory,\ntogether with the amount of such village taxes paid thereon during the\npreceding year. Such statement of assessed valuation and taxes paid\nshall be duly verified by each person signing such petition. The\npetition must also be accompanied by the consent in writing of a\nmajority of the town board of the town in which the territory sought to\nbe excluded is situated. Upon the presentation of such petition and\nconsent, the board of trustees shall cause a proposition for so\ndiminishing such boundaries to be submitted at the next succeeding\nannual village election, or a special election called for the purpose of\nvoting upon such proposition. If the proposition be adopted, the\npetition, consent and certificate of the result of the vote cast upon\nthe proposition shall be recorded in the village book of records. Within\ntwenty days after the adoption of such proposition, a certificate\ncontaining a description of the territory sought to be excluded, stating\nthe assessed valuation thereof and the number of inhabitants therein,\nshall be filed in the town clerk's office of each town, and in the\ncounty clerk's office of each county in which the village is wholly or\npartly situated, and also in the office of the secretary of state.\nTerritory so excluded from the village shall not be relieved from\nbearing its proportionate share of any liability or indebtedness\noccurred by such village while such territory was a part thereof, and\nuntil such liability is discharged, or such indebtedness paid, the\nproportionate share to which such territory would be liable if it had\nnot been excluded shall be levied upon, assessed and collected from such\nterritory by the proper officers of such village, in the same manner as\nif such territory had not been excluded therefrom. The board of trustees\nshall also cause an outline map of the corporate limits of such village\nto be made, which map shall plainly describe the territory excluded.\nSuch map together with a description of the territory excluded shall be\nfiled in the office of the secretary of state. The diminishing of such\nboundaries shall take effect upon the receipt of the village clerk of\nthe certificate of the secretary of state under the seal of his office,\ncertifying that he has received and placed on file in his office, such\noutline map and description of the corporate limits of such village with\nthe portion excluded. For the purpose of determining whether or not such\nboundaries have been diminished a substantial compliance with the\nprovisions of this section shall be deemed sufficient and no action or\nproceeding shall be taken by any person questioning the validity thereof\nunless so taken within one year of the diminution as above provided.\n