Full Text of HB6436 93rd General Assembly
HB6436ham001 93RD GENERAL ASSEMBLY
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Rep. Bob Biggins
Filed: 4/23/2004
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LRB093 16188 MKM 49627 a |
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| AMENDMENT TO HOUSE BILL 6436
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| AMENDMENT NO. ______. Amend House Bill 6436 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| adding Section 7-3-6.2 as follows: | 6 |
| (65 ILCS 5/7-3-6.2 new) | 7 |
| Sec. 7-3-6.2. Disconnection and annexation; surrounded or | 8 |
| nearly surrounded territory.
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| (a) This Section does not apply in (i) a municipality with | 10 |
| a population of more than 1,000,000, (ii) a municipality that | 11 |
| borders a municipality with a population of more than | 12 |
| 1,000,000, or (iii) a municipality that is located on the | 13 |
| border of a county with a population of more than 3,000,000. | 14 |
| (b) Territory that is within the corporate limits of any | 15 |
| municipality may be disconnected from that municipality and | 16 |
| annexed to another municipality to which the territory is | 17 |
| contiguous as provided in this Section. | 18 |
| (c) For purposes of this Section, territory to be | 19 |
| disconnected shall be territory within a municipality located | 20 |
| in whole or in part within a county having a population of more | 21 |
| than 3,000,000, which territory (1) is not less than 20 acres | 22 |
| in area, but does not exceed 160 acres in area; (2) is located | 23 |
| on the border of the municipality; (3) if disconnected, will | 24 |
| not result in the isolation of any part of the municipality |
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| from the remainder of the municipality; and (4) is bounded on | 2 |
| at least 3 sides by (i) another municipality or (ii) a | 3 |
| combination of another municipality and the Eisenhower | 4 |
| Expressway, provided that there are no municipal streets within | 5 |
| or abutting the territory that are under the jurisdiction of | 6 |
| the disconnecting municipality and that cross over or under the | 7 |
| Eisenhower Expressway such that the municipal streets directly | 8 |
| connect the territory to the portion of the disconnecting | 9 |
| municipality on the other side of the Eisenhower Expressway.
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| (d) A petition, signed by not less than 10% or 100, | 11 |
| whichever is lesser, of the electors of the territory to be | 12 |
| disconnected and by the owners of record of more than 50% of | 13 |
| the territory, shall be filed with the circuit court for the | 14 |
| county in which the territory is situated. The petition shall | 15 |
| describe the territory and request that the question of the | 16 |
| disconnection and subsequent annexation of the territory be | 17 |
| submitted to the electors of the territory.
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| (e) After considering the petition, the court shall give | 19 |
| notice of the petition to the corporate authorities of each | 20 |
| municipality. The corporate authorities of the contiguous | 21 |
| annexing municipality shall, within not more than 60 days of | 22 |
| the notice, vote on the question of the annexation. If a | 23 |
| majority of the members of the corporate authorities of the | 24 |
| municipality, by a vote recorded in the minutes, vote in favor | 25 |
| of the annexation, an ordinance shall be passed annexing the | 26 |
| territory upon disconnection from the first municipality. The | 27 |
| clerk of the annexing municipality shall certify and file a | 28 |
| copy of the annexation ordinance, together with a map showing | 29 |
| the boundary lines of the territory to be annexed, with the | 30 |
| clerk of the court. If within 60 days of the notice, the | 31 |
| annexing municipality fails to approve the annexation by the | 32 |
| requisite majority vote of the members of the corporate | 33 |
| authorities, the matter shall be dismissed by the court.
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| (f) If the corporate authorities of the annexing |
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| municipality vote in favor of the annexation, adopt an | 2 |
| annexation ordinance, and file a certified copy of the | 3 |
| annexation ordinance with the clerk of the court, the clerk of | 4 |
| the court shall certify the question to the proper election | 5 |
| authority for submission to the electors of the territory. The | 6 |
| question shall be presented at an election in accordance with | 7 |
| the general election law. | 8 |
| The question shall be in substantially the following form: | 9 |
| Shall the territory (describe territory) be | 10 |
| disconnected from (name of municipality) and annexed to | 11 |
| (name of municipality)?
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| The election authority must record the votes as "Yes" or "No" | 13 |
| and the result of the election shall be entered of record in | 14 |
| the court.
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| (g) If a majority of persons voting upon the question vote | 16 |
| for disconnection and annexation by the contiguous | 17 |
| municipality, the described territory is disconnected from the | 18 |
| first municipality and annexed to the annexing municipality | 19 |
| upon the terms stated in the annexation ordinance, whereupon | 20 |
| the jurisdiction of the annexing municipality is extended over | 21 |
| the territory and the disconnecting municipality loses | 22 |
| jurisdiction over the territory. | 23 |
| (h) If a majority of persons voting on the question vote | 24 |
| against the disconnection and annexation, the territory | 25 |
| remains in the first municipality, the matter shall be | 26 |
| dismissed by the court, the annexing municipality's annexation | 27 |
| ordinance shall be null and void, and no further proceedings | 28 |
| shall be had on the question for at least 22 months from the | 29 |
| date of the election.
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| (i) If the proposition passes, the clerk of the annexing | 31 |
| municipality, within 90 days after the results of the election | 32 |
| are certified, shall file for recordation with the county clerk | 33 |
| and the recorder of the county in which the annexed territory | 34 |
| is situated a certified copy of the ordinance with an accurate |
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| map of the territory annexed.
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
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