Full Text of HB1320 97th General Assembly
HB1320enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | 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
| 9 | | 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 | 17 | | or more municipalities and a forest preserve district or park | 18 | | district,
(f) if the territory is a triangular parcel of less | 19 | | than 10 acres, one or
more municipalities and an interstate | 20 | | highway owned in fee by the State and
bounded by a frontage | 21 | | road, (g) one or more municipalities in a county with a | 22 | | population of more than 800,000 inhabitants and less than | 23 | | 2,000,000 inhabitants and either a railroad or operating |
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| 1 | | property, as defined in the Property Tax Code (35 ILCS | 2 | | 200/11-70), being immediately adjacent to, but exclusive of | 3 | | that railroad property, (h) one or more municipalities located | 4 | | within a county with a population of more than 800,000 | 5 | | inhabitants and less than 2,000,000 inhabitants and property | 6 | | owned by the State, including without limitation a highway | 7 | | right-of-way owned in fee by the State, or (i) one or more | 8 | | municipalities and property on which a federally funded | 9 | | research facility in excess of 2,000 acres is located, that | 10 | | territory may be annexed
by any municipality by which it is | 11 | | bounded in whole or in part,
by the passage of an ordinance to | 12 | | that effect after notice is given as
provided in subsection (b) | 13 | | of this Section , or (h) one or more municipalities located | 14 | | within a county with a population of more than 800,000 | 15 | | inhabitants and less than 2,000,000 inhabitants and property | 16 | | owned by the State, including without limitation a highway | 17 | | right-of-way owned in fee by the State . Land or property that | 18 | | is used for agricultural purposes or to produce agricultural | 19 | | goods shall not be annexed pursuant to item (g). Nothing in | 20 | | this Section shall subject any railroad property to the zoning | 21 | | or jurisdiction of any municipality annexing the property under | 22 | | this Section. The
ordinance shall describe the territory | 23 | | annexed and a copy thereof together
with an accurate map of the | 24 | | annexed territory shall be recorded in the
office of the | 25 | | recorder of the county wherein the annexed territory is
| 26 | | situated and a document of annexation shall be filed with the |
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| 1 | | county clerk
and County Election Authority. Nothing in this | 2 | | Section shall be construed
as permitting a municipality to | 3 | | annex territory of a forest preserve
district in a county with | 4 | | a population of 3,000,000 or more without
obtaining the consent | 5 | | of the district pursuant to Section 8.3 of the
Cook County | 6 | | Forest Preserve District Act nor shall anything in this Section | 7 | | be construed as permitting a municipality to annex territory | 8 | | owned by a park district without obtaining the consent of the | 9 | | district pursuant to Section 8-1.1 of the Park District Code. | 10 | | (b) The corporate authorities shall cause notice, stating | 11 | | that annexation of the territory described in the notice is | 12 | | contemplated under this Section, to be published once, in a | 13 | | newspaper of general circulation within the territory to be | 14 | | annexed, not less than 10 days before the passage of the | 15 | | annexation ordinance, and for land annexed pursuant to item (g) | 16 | | of subsection (a) of this Section, notice shall be given to the | 17 | | impacted land owners. The corporate authorities shall also, not | 18 | | less than 15 days before the passage of the annexation | 19 | | ordinance, serve written notice, either in person or, at a | 20 | | minimum, by certified mail, on the taxpayer of record of the | 21 | | proposed annexed territory as appears from the authentic tax | 22 | | records of the county. When the territory to be annexed lies | 23 | | wholly or partially within a township other than the township | 24 | | where the municipality is situated, the annexing municipality | 25 | | shall give at least 10 days prior written notice of the time
| 26 | | and place of the passage of the annexation ordinance to the |
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| 1 | | township
supervisor of the township where the territory to be | 2 | | annexed lies. If the territory to be annexed lies within the | 3 | | unincorporated area of a county, then the annexing municipality | 4 | | shall give at least 10 days' prior written notice of the time
| 5 | | and place of the passage of the annexation ordinance to the | 6 | | corporate authorities of the county where the territory to be | 7 | | annexed lies. | 8 | | (c) When notice is given as described in subsection (b) of | 9 | | this Section, no other municipality may annex the proposed | 10 | | territory for a period of 60 days from the date the notice is | 11 | | mailed or delivered to the taxpayer of record unless that other | 12 | | municipality has initiated annexation proceedings or a valid | 13 | | petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | 14 | | of this Code has been received by the municipality prior to the | 15 | | publication and mailing of the notices required in subsection | 16 | | (b). | 17 | | (Source: P.A. 95-931, eff. 1-1-09; 95-1039, eff. 3-25-09; | 18 | | 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; 96-1049, eff. | 19 | | 7-14-10; revised 9-16-10.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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