HB1251 95TH GENERAL ASSEMBLY

LRB095 09153 HLH 29346 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1251

Introduced 2/15/2007, by Rep. Patricia Reid Lindner

SYNOPSIS AS INTRODUCED:

65 ILCS 5/2-2-16 new
65 ILCS 5/7-3-1	from Ch. 24, par. 7-3-1
65 ILCS 5/7-4-2.5 new

Amends the Illinois Municipal Code. Provides that a parcel of contiguous land of not more than 200 acres that is owned by a county shall be considered for purposes of determining whether a newly incorporated municipality constitutes a contiguous territory, but shall not be included in the incorporation without the consent of the county board. Provides that a parcel of land of less than 200 acres that is owned by the county may be disconnected from the municipality, regardless of whether the disconnection renders any of the remaining territory within the municipality not contiguous to the municipality. Provides that land that is owned by the county that has been disconnected or excluded from incorporation in the municipality shall not be subject to the ordinances or regulations of the municipality without consent of the county board.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 7-3-1 and by adding Sections 2-2-16 and 7-4-2.5 as follows:

(65 ILCS 5/2-2-16 new)

Sec. 2-2-16. Incorporation of territory including land owned by a county. Whenever a parcel of contiguous land of not more than 200 acres owned by a county is included within the territory intended to be embraced within a new municipality, such land shall be considered for purposes of determining whether the proposed municipality constitutes a contiguous territory but upon incorporation shall not be considered to be incorporated into the municipality without the consent of the county board.

(65 ILCS 5/7-3-1) (from Ch. 24, par. 7-3-1)

Sec. 7-3-1. Within one year of the organization of any municipality under the provisions of Divisions 2 and 3 of Article 2 of this Code, any territory which has been included therein may be disconnected from such municipality if the territory sought to be disconnected is (1) is upon the the border, but within the boundary of the municipality, (2) contains 20 or more acres, (3) if disconnected will not result in the isolation of any part of the municipality from the remainder of the municipality, and (4) if disconnected will not be a territory wholly bounded by one or more municipalities or wholly bounded by one or more municipalities and a river or lake, (5) if disconnected, the growth prospects and plan and zoning ordinances, if any, of such municipality will not be unreasonably disrupted, (6) if disconnected, no substantial disruption will result to existing municipal service facilities such as, but not limited to, sewer systems, street lighting, water mains, garbage collection and fire protection, and (7) if disconnected the municipality will not be unduly harmed through loss of tax revenue in the future. If territory is less than 200 acres and owned by a county, it may be disconnected regardless of whether the disconnection renders any portion of the remaining territory within the municipality not contiguous to the municipality. The procedure for disconnection shall be as follows:

A written petition directed to the circuit court of the county in which the territory proposed to be disconnected is located and if such territory is located in more than one county then to 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 court within one year of the organization of any municipality under the provisions of Divisions 2 and 3 of Article 2 of this Code. The petition shall set forth the description of the territory to be detached from such municipality, shall allege the pertinent facts in support of the disconnection of such territory and shall pray the court to detach the territory from the municipality.

(Source: Laws 1965, p. 2176.)

(65 ILCS 5/7-4-2.5 new)

Sec. 7-4-2.5. Exclusion of county-owned land. Notwithstanding any provision of law to the contrary, all territory owned by a county which shall have been excluded from incorporation or disconnected from a municipality under the provisions of Section 2-2-16 or Section 7-3-1 of this Code shall not be subject to any of the ordinances or regulations of the municipality without the consent of the county board.