Full Text of HB5555 96th General Assembly
HB5555ham002 96TH GENERAL ASSEMBLY
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Rep. Mike Fortner
Filed: 3/19/2010
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09600HB5555ham002 |
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LRB096 17998 RLJ 39289 a |
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| AMENDMENT TO HOUSE BILL 5555
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| AMENDMENT NO. ______. Amend House Bill 5555 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 |
| changing Section 7-1-13 as follows: | 6 |
| (65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13) | 7 |
| Sec. 7-1-13. Annexation. | 8 |
| (a) Whenever any unincorporated territory containing 60
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| acres or less, is wholly bounded by (a) one or more | 10 |
| municipalities, (b)
one or more municipalities and a creek in a | 11 |
| county with a population of
400,000 or more, or one or more | 12 |
| municipalities and a river or lake in any
county, (c) one or | 13 |
| more municipalities and the Illinois State
boundary, (d) except | 14 |
| as provided in item (h) of this subsection (a), one or more | 15 |
| municipalities and property owned by the
State of Illinois, | 16 |
| except highway right-of-way owned in fee by the State,
(e) one |
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LRB096 17998 RLJ 39289 a |
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| or more municipalities and a forest preserve district or park | 2 |
| district,
(f) if the territory is a triangular parcel of less | 3 |
| than 10 acres, one or
more municipalities and an interstate | 4 |
| highway owned in fee by the State and
bounded by a frontage | 5 |
| road, or (g) one or more municipalities in a county with a | 6 |
| population of more than 800,000 inhabitants and less than | 7 |
| 2,000,000 inhabitants and either a railroad or operating | 8 |
| property, as defined in the Property Tax Code (35 ILCS | 9 |
| 200/11-70), being immediately adjacent to, but exclusive of | 10 |
| that railroad property, that territory may be annexed
by any | 11 |
| municipality by which it is bounded in whole or in part,
by the | 12 |
| passage of an ordinance to that effect after notice is given as
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| provided in subsection (b) of this Section , or (h) one or more | 14 |
| municipalities located within a county with a population of | 15 |
| more than 800,000 inhabitants and less than 2,000,000 | 16 |
| inhabitants and property owned by the State, including without | 17 |
| limitation a highway right-of-way owned in fee by the State . | 18 |
| Land or property that is used for agricultural purposes or to | 19 |
| produce agricultural goods shall not be annexed pursuant to | 20 |
| item (g). Nothing in this Section shall subject any railroad | 21 |
| property to the zoning or jurisdiction of any municipality | 22 |
| annexing the property under this Section. , and for land | 23 |
| annexed pursuant to item (g), notice shall be given to the | 24 |
| impacted land owners The
ordinance shall describe the territory | 25 |
| annexed and a copy thereof together
with an accurate map of the | 26 |
| annexed territory shall be recorded in the
office of the |
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LRB096 17998 RLJ 39289 a |
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| recorder of the county wherein the annexed territory is
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| situated and a document of annexation shall be filed with the | 3 |
| county clerk
and County Election Authority. Nothing in this | 4 |
| Section shall be construed
as permitting a municipality to | 5 |
| annex territory of a forest preserve
district in a county with | 6 |
| a population of 3,000,000 or more without
obtaining the consent | 7 |
| of the district pursuant to Section 8.3 of the
Cook County | 8 |
| Forest Preserve District Act nor shall anything in this Section | 9 |
| be construed as permitting a municipality to annex territory | 10 |
| owned by a park district without obtaining the consent of the | 11 |
| district pursuant to Section 8-1.1 of the Park District Code. | 12 |
| (b) The corporate authorities shall cause notice, stating | 13 |
| that annexation of the territory described in the notice is | 14 |
| contemplated under this Section, to be published once, in a | 15 |
| newspaper of general circulation within the territory to be | 16 |
| annexed, not less than 10 days before the passage of the | 17 |
| annexation ordinance , and for land annexed pursuant to item (g) | 18 |
| of subsection (a) of this Section, notice shall be given to the | 19 |
| impacted land owners . The corporate authorities shall also, not | 20 |
| less than 15 days before the passage of the annexation | 21 |
| ordinance, serve written notice, either in person or, at a | 22 |
| minimum, by certified mail, on the taxpayer of record of the | 23 |
| proposed annexed territory as appears from the authentic tax | 24 |
| records of the county. When the territory to be annexed lies | 25 |
| wholly or partially within a township other than the township | 26 |
| where the municipality is situated, the annexing municipality |
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LRB096 17998 RLJ 39289 a |
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| shall give at least 10 days prior written notice of the time
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| and place of the passage of the annexation ordinance to the | 3 |
| township
supervisor of the township where the territory to be | 4 |
| annexed lies. | 5 |
| (c) When notice is given as described in subsection (b) of | 6 |
| this Section, no other municipality may annex the proposed | 7 |
| territory for a period of 60 days from the date the notice is | 8 |
| mailed or delivered to the taxpayer of record unless that other | 9 |
| municipality has initiated annexation proceedings or a valid | 10 |
| petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | 11 |
| of this Code has been received by the municipality prior to the | 12 |
| publication and mailing of the notices required in subsection | 13 |
| (b). | 14 |
| (Source: P.A. 94-396, eff. 8-1-05; 95-931, eff. 1-1-09; | 15 |
| 95-1039, eff. 3-25-09; revised 4-9-09.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
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