Public Act 096-1049
 
HB5671 EnrolledLRB096 19257 RLJ 34648 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 7-1-13 as follows:
 
    (65 ILCS 5/7-1-13)  (from Ch. 24, par. 7-1-13)
    Sec. 7-1-13. Annexation.
    (a) Whenever any unincorporated territory containing 60
acres or less, is wholly bounded by (a) one or more
municipalities, (b) one or more municipalities and a creek in a
county with a population of 400,000 or more, or one or more
municipalities and a river or lake in any county, (c) one or
more municipalities and the Illinois State boundary, (d) one or
more municipalities and property owned by the State of
Illinois, except highway right-of-way owned in fee by the
State, (e) one or more municipalities and a forest preserve
district or park district, (f) if the territory is a triangular
parcel of less than 10 acres, one or more municipalities and an
interstate highway owned in fee by the State and bounded by a
frontage road, or (g) one or more municipalities in a county
with a population of more than 800,000 inhabitants and less
than 2,000,000 inhabitants and either a railroad or operating
property, as defined in the Property Tax Code (35 ILCS
200/11-70), being immediately adjacent to, but exclusive of
that railroad property, that territory may be annexed by any
municipality 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 subsection (b) of this Section. Land or property
that is used for agricultural purposes or to produce
agricultural goods shall not be annexed pursuant to item (g).
Nothing in this Section shall subject any railroad property to
the zoning or jurisdiction of any municipality annexing the
property under this Section. , and for land annexed pursuant to
item (g), notice shall be given to the impacted land owners The
ordinance shall describe the territory annexed and a copy
thereof together with an accurate map of the annexed territory
shall be recorded in the office of the recorder of the county
wherein the annexed territory is situated and a document of
annexation shall be filed with the county clerk and County
Election Authority. Nothing in this Section shall be construed
as permitting a municipality to annex territory of a forest
preserve district in a county with a population of 3,000,000 or
more without obtaining the consent of the district pursuant to
Section 8.3 of the Cook County Forest Preserve District Act nor
shall anything in this Section be construed as permitting a
municipality to annex territory owned by a park district
without obtaining the consent of the district pursuant to
Section 8-1.1 of the Park District Code.
    (b) 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 of general circulation within the territory to be
annexed, not less than 10 days before the passage of the
annexation ordinance, and for land annexed pursuant to item (g)
of subsection (a) of this Section, notice shall be given to the
impacted land owners. The corporate authorities shall also, not
less than 15 days before the passage of the annexation
ordinance, serve written notice, either in person or, at a
minimum, by certified mail, on the taxpayer of record of the
proposed annexed territory as appears from the authentic tax
records of the county. When the territory to be annexed lies
wholly or partially within a township other than the township
where the municipality is situated, the annexing municipality
shall give at least 10 days prior written notice of the time
and place of the passage of the annexation ordinance to the
township supervisor of the township where the territory to be
annexed lies. If the territory to be annexed lies within the
unincorporated area of a county, then the annexing municipality
shall give at least 10 days' prior written notice of the time
and place of the passage of the annexation ordinance to the
corporate authorities of the county where the territory to be
annexed lies.
    (c) When notice is given as described in subsection (b) of
this Section, no other municipality may annex the proposed
territory for a period of 60 days from the date the notice is
mailed or delivered to the taxpayer of record unless that other
municipality has initiated annexation proceedings or a valid
petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
of this Code has been received by the municipality prior to the
publication and mailing of the notices required in subsection
(b).
(Source: P.A. 94-396, eff. 8-1-05; 95-931, eff. 1-1-09;
95-1039, eff. 3-25-09; revised 4-9-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.