Full Text of HB5671 96th General Assembly
HB5671 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5671
Introduced 2/9/2010, by Rep. Timothy L. Schmitz SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/7-1-13 |
from Ch. 24, par. 7-1-13 |
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Amends the Illinois Municipal Code. Provides that, if specified territory containing 60 acres or less is to be annexed by a municipality and lies within the unincorporated area of a county, then the annexing municipality shall give at least 10 days' prior written notice of the time
and place of the passage of the annexation ordinance to the corporate authorities of the county where the territory to be annexed lies. Makes revisory changes. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5671 |
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LRB096 19257 RLJ 34648 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 Illinois Municipal Code is amended by | 5 |
| changing Section 7-1-13 as follows:
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| (65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
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| 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) one or | 14 |
| more municipalities and property owned by the
State of | 15 |
| Illinois, except highway right-of-way owned in fee by the | 16 |
| State,
(e) one or more municipalities and a forest preserve | 17 |
| district or park district,
(f) if the territory is a triangular | 18 |
| parcel of less than 10 acres, one or
more municipalities and an | 19 |
| interstate highway owned in fee by the State and
bounded by a | 20 |
| frontage road, or (g) one or more municipalities in a county | 21 |
| with a population of more than 800,000 inhabitants and less | 22 |
| than 2,000,000 inhabitants and either a railroad or operating | 23 |
| property, as defined in the Property Tax Code (35 ILCS |
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HB5671 |
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LRB096 19257 RLJ 34648 b |
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| 200/11-70), being immediately adjacent to, but exclusive of | 2 |
| that railroad property, that territory may be annexed
by any | 3 |
| municipality by which it is bounded in whole or in part,
by the | 4 |
| passage of an ordinance to that effect after notice is given as
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| provided in subsection (b) of this Section. Land or property | 6 |
| that is used for agricultural purposes or to produce | 7 |
| agricultural goods shall not be annexed pursuant to item (g). | 8 |
| Nothing in this Section shall subject any railroad property to | 9 |
| the zoning or jurisdiction of any municipality annexing the | 10 |
| property under this Section. , and for land annexed pursuant to | 11 |
| item (g), notice shall be given to the impacted land owners The
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| ordinance shall describe the territory annexed and a copy | 13 |
| thereof together
with an accurate map of the annexed territory | 14 |
| shall be recorded in the
office of the recorder of the county | 15 |
| wherein the annexed territory is
situated and a document of | 16 |
| annexation shall be filed with the county clerk
and County | 17 |
| Election Authority. Nothing in this Section shall be construed
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| as permitting a municipality to annex territory of a forest | 19 |
| preserve
district in a county with a population of 3,000,000 or | 20 |
| more without
obtaining the consent of the district pursuant to | 21 |
| Section 8.3 of the
Cook County Forest Preserve District Act nor | 22 |
| shall anything in this Section be construed as permitting a | 23 |
| municipality to annex territory owned by a park district | 24 |
| without obtaining the consent of the district pursuant to | 25 |
| Section 8-1.1 of the Park District Code.
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| (b) The corporate authorities shall cause notice, stating |
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HB5671 |
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LRB096 19257 RLJ 34648 b |
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| that annexation of the territory described in the notice is | 2 |
| contemplated under this Section, to be published once, in a | 3 |
| newspaper of general circulation within the territory to be | 4 |
| annexed, not less than 10 days before the passage of the | 5 |
| annexation ordinance , and for land annexed pursuant to item (g) | 6 |
| of subsection (a) of this Section, notice shall be given to the | 7 |
| impacted land owners . The corporate authorities shall also, not | 8 |
| less than 15 days before the passage of the annexation | 9 |
| ordinance, serve written notice, either in person or, at a | 10 |
| minimum, by certified mail, on the taxpayer of record of the | 11 |
| proposed annexed territory as appears from the authentic tax | 12 |
| records of the county. When the territory to be annexed lies | 13 |
| wholly or partially within a township other than the township | 14 |
| where the municipality is situated, the annexing municipality | 15 |
| 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 | 17 |
| township
supervisor of the township where the territory to be | 18 |
| annexed lies. If the territory to be annexed lies within the | 19 |
| unincorporated area of a county, then the annexing municipality | 20 |
| 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 | 22 |
| corporate authorities of the county where the territory to be | 23 |
| annexed lies. | 24 |
| (c) When notice is given as described in subsection (b) of | 25 |
| this Section, no other municipality may annex the proposed | 26 |
| territory for a period of 60 days from the date the notice is |
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HB5671 |
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LRB096 19257 RLJ 34648 b |
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| mailed or delivered to the taxpayer of record unless that other | 2 |
| municipality has initiated annexation proceedings or a valid | 3 |
| petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | 4 |
| of this Code has been received by the municipality prior to the | 5 |
| publication and mailing of the notices required in subsection | 6 |
| (b). | 7 |
| (Source: P.A. 94-396, eff. 8-1-05; 95-931, eff. 1-1-09; | 8 |
| 95-1039, eff. 3-25-09; revised 4-9-09.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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