Full Text of HB1326 95th General Assembly
HB1326 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1326
Introduced 2/20/2007, by Rep. Shane Cultra SYNOPSIS AS INTRODUCED: |
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Amends the Township Code. Provides that, if a city that is coterminous with a township votes to annex territory in an adjacent township and a disconnection referendum is submitted to the voters of the adjacent township, the territory shall be disconnected if a majority of the voters in the adjacent township and in the area affected by the disconnection (now, a majority of voters in the adjacent township) vote for disconnection. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB1326 |
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LRB095 05193 HLH 25266 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Township Code is amended by changing Section | 5 |
| 15-15 as follows:
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| (60 ILCS 1/15-15)
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| Sec. 15-15. Annexation of territory by coterminous city; | 8 |
| referendum.
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| (a) Whenever a city that is coterminous with a township has | 10 |
| voted to annex
any territory in an adjacent township, the city | 11 |
| clerk shall, by registered or
certified mail, file a certified | 12 |
| copy of the annexation ordinance with the
clerk of the township | 13 |
| in which the proposed disconnection is to take place.
Except as | 14 |
| otherwise provided in this Article, if, within 45 days after | 15 |
| the date
of mailing notification, the township board of the | 16 |
| township from which the
territory is to be disconnected | 17 |
| determines by a majority vote of those board
members then | 18 |
| holding office that the disconnection would not be in the best
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| interests of that township, the board may request that a | 20 |
| referendum approving
or disapproving the disconnection be held | 21 |
| in that township. The city, its
coterminous township, and the | 22 |
| adjacent township may, however, agree by
intergovernmental | 23 |
| agreement and without the necessity of a referendum that the
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HB1326 |
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LRB095 05193 HLH 25266 b |
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| territory shall remain part of the adjacent township and shall | 2 |
| not become part
of the township that is coterminous with the | 3 |
| municipality.
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| (b) The township clerk of the adjacent township shall, | 5 |
| within 30 days after
the vote of the township board of the | 6 |
| adjacent township, certify the
proposition to disconnect the | 7 |
| territory from the adjacent township to the
proper election | 8 |
| officials and the city clerk of the annexing city. The
election | 9 |
| officials shall submit the proposition to the voters of the | 10 |
| township
requesting the referendum at an election in accordance | 11 |
| with the general
election law. The proportionate cost of the | 12 |
| election shall be borne by the
township requesting the | 13 |
| election.
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| (c) The proposition shall be substantially in the following | 15 |
| form:
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| Shall (name of township) include the following | 17 |
| described territory that
is presently included in (name of | 18 |
| township)? (Insert description of territory.)
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| The votes shall be recorded as "Yes" or "No".
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| (d) If a majority of those voting on the proposition in the | 21 |
| township and the area affected by the disconnection vote in
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| favor thereof, the territory shall be disconnected from the | 23 |
| adjacent
township and connected to the township that is | 24 |
| coterminous with the city.
Only upon that connection shall any | 25 |
| debts and liabilities of the
territory be taken over by the | 26 |
| coterminous township.
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HB1326 |
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LRB095 05193 HLH 25266 b |
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| (e) If a majority of those voting on the proposition in the | 2 |
| township and in the area affected by the disconnection do not | 3 |
| vote in favor of
it, the territory shall remain with the | 4 |
| adjacent township. If, however, at any
time after a majority of | 5 |
| those voting do not vote in favor of the proposition,
the | 6 |
| township board of the township in which the proposed | 7 |
| disconnection was to
take place determines that the | 8 |
| disconnection would be in the best interest of
that township, | 9 |
| the board may request that another referendum approving or
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| disapproving that same disconnection be held in that township. | 11 |
| The referendum
shall be conducted in accordance with the | 12 |
| general election law.
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| (Source: P.A. 86-1299; 87-1197; 88-62.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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