SB2905 EngrossedLRB099 19095 AWJ 43484 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 7-1-2 as follows:
 
6    (65 ILCS 5/7-1-2)  (from Ch. 24, par. 7-1-2)
7    Sec. 7-1-2. (a) A written petition signed by a majority of
8the owners of record of land in the territory and also by a
9majority of the electors, if any, residing in the territory
10shall be filed with the circuit court clerk of the county in
11which the territory is located, or the corporate authorities of
12a municipality may initiate the proceedings by enacting an
13ordinance expressing their desire to annex the described
14territory. A person owning land underlying a highway shall not
15be considered an owner of record for purposes of this petition
16unless that person owns some land not underlying a highway
17proposed to be annexed in the petition for annexation. No tract
18of land in excess of 10 acres in area may be included in the
19ordinances of a municipality initiating the proceedings,
20however, without the express consent of the owner of the tract
21unless the tract (i) is subdivided into lots or blocks or (ii)
22is bounded on at least 3 sides by lands subdivided into lots or
23blocks. A tract of land shall be deemed so bounded if it is

 

 

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1actually separated from the subdivision only by the
2right-of-way of a railroad or other public utility or at a
3public highway. The petition or ordinance, as the case may be,
4shall request the annexation of the territory to a specified
5municipality and also shall request that the circuit court of
6the specified county submit the question of the annexation to
7the corporate authorities of the annexing municipality or to
8the electors of the unincorporated territory, as the case may
9be. The circuit court shall enter an order fixing the time for
10the hearing upon the petition, and the day for the hearing
11shall be not less than 20 nor more than 30 days after the
12filing of the petition or ordinance, as the case may be.
13    (b) The petitioners or corporate authorities, as the case
14may be, shall give notice of the annexation petition or
15ordinance, as the case may be, not more than 30 nor less than
1615 days before the date fixed for the hearing. This notice
17shall state that a petition for annexation or ordinance, as the
18case may be, has been filed and shall give the substance of the
19petition, including a description of the territory to be
20annexed, the name of the annexing municipality, and the date
21fixed for the hearing. If annexing unincorporated residential
22property, the corporate authorities shall also provide in the
23notice information on municipal property tax rates and any
24known rates and fees for municipal gas, electric, water, sewer,
25and garbage that may be incurred by residents of the
26unincorporated property because of the annexation to which they

 

 

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1would otherwise not be subject. This notice shall be given by
2publishing a notice at least once in one or more newspapers
3published in the annexing municipality or, if no newspaper is
4published in the annexing municipality, in one or more
5newspapers with a general circulation within the annexing
6municipality and territory. A copy of this notice shall be
7filed with the clerk of the annexing municipality and the
8municipal clerk shall send, by registered mail, an additional
9copy to the highway commissioner of each road district within
10which the territory proposed to be annexed is situated. If a
11municipal clerk fails to send the notice to a highway
12commissioner as required by this subsection, the municipality
13shall reimburse the road district served by that highway
14commissioner for any loss or liability caused by that failure.
15Any notice required by this Section need not include a metes
16and bounds legal description of the territory to be annexed,
17provided that the notice includes: (i) the common street
18address or addresses and (ii) the property index number ("PIN")
19or numbers of all the parcels of real property contained in the
20territory to be annexed.
21    (c) The petitioners or corporate authorities, as the case
22may be, shall pay to the clerk of the circuit court $10 as a
23filing and service fee, and no petition or ordinance, as the
24case may be, shall be filed until this fee is paid.
25    (d) No petitioner may withdraw from this petition except by
26consent of the majority of the other petitioners, or where it

 

 

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1is shown to the satisfaction of the court that the signature of
2the petitioner was obtained by fraud or misrepresentation.
3    (e) If a State charitable institution is situated upon a
4tract or tracts of land that lie partly within and partly
5without the corporate limits of any municipality, the corporate
6authorities of the municipality may by resolution without any
7petition or proceedings required by this Article but with the
8written consent of the Director of the State Department having
9jurisdiction of the institution, annex any part or all of the
10tracts lying without the corporate limits.
11    (f) If real estate owned by the State of Illinois or any
12board, agency, or commission of the State is situated in
13unincorporated territory adjacent to a municipality, the
14corporate authorities of the municipality may annex any part or
15all of the real estate only with the written consent of the
16Governor or the governing authority of the board, agency, or
17commission, without any petition or proceedings required by
18this Article by resolution of the corporate authorities. This
19requirement does not apply, however, to State highways located
20within territory to be annexed under this Article.
21(Source: P.A. 97-336, eff. 8-12-11.)