Full Text of HB5671 96th General Assembly
HB5671enr 96TH GENERAL ASSEMBLY
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HB5671 Enrolled |
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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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| 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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| 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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| 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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