§ 18-1804 Diminishing boundaries. The boundaries of a village may be
diminished by excluding from its corporate limits territory not adjacent
to nor benefited by either street or sidewalk improvements, electric
lights, sewers, water works system or fire protection, when any of such
benefits, improvements or system have been completed in a village. A
petition for diminishing the boundaries of a village by excluding
territory therefrom may be presented to the board of trustees of such
village. Such petition shall describe the territory sought to be
excluded, and shall state the number of inhabitants thereof and the
names of the owners and occupants of each parcel of land therein, and
shall be signed and duly acknowledged by a majority of the persons
residing therein, if any, qualified to vote for village officers, or by
the owners of a majority in value of the real property sought to be
excluded, assessed upon the last preceding village assessment-roll.
Each person signing such petition shall state opposite his name the
assessed valuation of all property owned by him in such territory,
together with the amount of such village taxes paid thereon during the
preceding year. Such statement of assessed valuation and taxes paid
shall be duly verified by each person signing such petition. The
petition must also be accompanied by the consent in writing of a
majority of the town board of the town in which the territory sought to
be excluded is situated. Upon the presentation of such petition and
consent, the board of trustees shall cause a proposition for so
diminishing such boundaries to be submitted at the next succeeding
annual village election, or a special election called for the purpose of
voting upon such proposition. If the proposition be adopted, the
petition, consent and certificate of the result of the vote cast upon
the proposition shall be recorded in the village book of records. Within
twenty days after the adoption of such proposition, a certificate
containing a description of the territory sought to be excluded, stating
the assessed valuation thereof and the number of inhabitants therein,
shall be filed in the town clerk's office of each town, and in the
county clerk's office of each county in which the village is wholly or
partly situated, and also in the office of the secretary of state.
Territory so excluded from the village shall not be relieved from
bearing its proportionate share of any liability or indebtedness
occurred by such village while such territory was a part thereof, and
until such liability is discharged, or such indebtedness paid, the
proportionate share to which such territory would be liable if it had
not been excluded shall be levied upon, assessed and collected from such
territory by the proper officers of such village, in the same manner as
if such territory had not been excluded therefrom. The board of trustees
shall also cause an outline map of the corporate limits of such village
to be made, which map shall plainly describe the territory excluded.
Such map together with a description of the territory excluded shall be
filed in the office of the secretary of state. The diminishing of such
boundaries shall take effect upon the receipt of the village clerk of
the certificate of the secretary of state under the seal of his office,
certifying that he has received and placed on file in his office, such
outline map and description of the corporate limits of such village with
the portion excluded. For the purpose of determining whether or not such
boundaries have been diminished a substantial compliance with the
provisions of this section shall be deemed sufficient and no action or
proceeding shall be taken by any person questioning the validity thereof
unless so taken within one year of the diminution as above provided.