Full Text of SB2905 99th General Assembly
SB2905sam001 99TH GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2905
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2905 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 7-1-2 as follows:
| 6 | | (65 ILCS 5/7-1-2) (from Ch. 24, par. 7-1-2)
| 7 | | Sec. 7-1-2.
(a) A written petition signed by a majority of | 8 | | the owners
of record of land in the territory and also by a | 9 | | majority of the electors,
if any, residing in the territory | 10 | | shall be filed with the circuit court
clerk of the county in | 11 | | which the territory is located, or the corporate
authorities of | 12 | | a municipality may initiate the proceedings by enacting an
| 13 | | ordinance expressing their desire to annex the described | 14 | | territory.
A person owning land underlying a highway shall not | 15 | | be considered an owner of
record for purposes of this petition | 16 | | unless that person owns some land not
underlying a highway |
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| 1 | | proposed to be annexed in the petition for annexation.
No
tract | 2 | | of land in excess of 10 acres in area may be included in the
| 3 | | ordinances of a municipality initiating the proceedings, | 4 | | however, without
the express consent of the owner of the tract | 5 | | unless the tract (i) is
subdivided into lots or blocks or (ii) | 6 | | is bounded on at least 3 sides by
lands subdivided into lots or | 7 | | blocks. A tract of land shall be deemed so
bounded if it is | 8 | | actually separated from the subdivision only by the
| 9 | | right-of-way of a railroad or other public utility or at a | 10 | | public highway.
The petition or ordinance, as the case may be, | 11 | | shall request the annexation
of the territory to a specified | 12 | | municipality and also shall request that
the circuit court of | 13 | | the specified county submit the question of the
annexation to | 14 | | the corporate authorities of the annexing municipality or to
| 15 | | the electors of the unincorporated territory, as the case may | 16 | | be. The
circuit court shall enter an order fixing the time for | 17 | | the hearing upon the
petition, and the day for the hearing | 18 | | shall be not less than 20 nor more
than 30 days after the | 19 | | filing of the petition or ordinance, as the case may be.
| 20 | | (b) The petitioners or corporate authorities, as the case | 21 | | may be, shall
give notice of the annexation petition or | 22 | | ordinance, as the case may be,
not more than 30 nor less than | 23 | | 15 days before the date fixed for the
hearing. This notice | 24 | | shall state that a petition for annexation or
ordinance, as the | 25 | | case may be, has been filed and shall give the substance of
the | 26 | | petition, including a description of the territory to be |
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| 1 | | annexed, the
name of the annexing municipality, and the date | 2 | | fixed for the hearing. If annexing unincorporated residential | 3 | | property, the corporate authorities shall also provide in the | 4 | | notice information on municipal property tax rates and any | 5 | | known rates and fees for municipal gas, electric, water, sewer, | 6 | | and garbage that may be incurred by residents of the | 7 | | unincorporated property because of the annexation to which they | 8 | | would otherwise not be subject.
This notice shall be given by | 9 | | publishing a notice at least once
in one or more newspapers | 10 | | published in the annexing municipality or, if
no newspaper is | 11 | | published in the annexing municipality, in one or more
| 12 | | newspapers with a general circulation within the annexing | 13 | | municipality and
territory. A copy of this notice shall be | 14 | | filed with the clerk of the
annexing municipality and the | 15 | | municipal clerk shall send, by registered
mail, an additional | 16 | | copy to the highway commissioner of each road district
within | 17 | | which the territory proposed to be annexed is situated. If a
| 18 | | municipal clerk fails to send the notice to a highway | 19 | | commissioner as
required by this subsection, the municipality | 20 | | shall reimburse the road
district served by that highway | 21 | | commissioner for any loss or liability
caused by that failure. | 22 | | Any notice required by this Section need not include a metes | 23 | | and bounds legal description of the territory to be annexed, | 24 | | provided that the notice includes: (i) the common street | 25 | | address or addresses and (ii) the property index number ("PIN") | 26 | | or numbers of all the parcels of real property contained in the |
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| 1 | | territory to be annexed.
| 2 | | (c) The petitioners or corporate authorities, as the case | 3 | | may be, shall
pay to the clerk of the circuit court $10 as a | 4 | | filing and service fee,
and no petition or ordinance, as the | 5 | | case may be, shall be filed until
this fee is paid.
| 6 | | (d) No petitioner may withdraw from this petition
except by | 7 | | consent of the majority of the other petitioners, or
where it | 8 | | is shown to the satisfaction of the court that the signature of
| 9 | | the petitioner was obtained by fraud or misrepresentation.
| 10 | | (e) If a State charitable institution is situated upon a | 11 | | tract or
tracts of land that lie partly within and partly | 12 | | without the corporate
limits of any municipality, the corporate | 13 | | authorities of the municipality
may by resolution without any | 14 | | petition or proceedings required by this
Article but with the | 15 | | written consent of the Director of the State
Department having | 16 | | jurisdiction of the institution, annex any part or all of
the | 17 | | tracts lying without the corporate limits.
| 18 | | (f) If real estate owned by the State of Illinois or any | 19 | | board,
agency, or commission of the State is situated in | 20 | | unincorporated territory
adjacent to a municipality, the | 21 | | corporate authorities of the municipality
may annex any part or | 22 | | all of the real estate only with the written consent
of the | 23 | | Governor or the governing authority of the board, agency, or
| 24 | | commission, without any petition or proceedings required by | 25 | | this Article by
resolution of the corporate authorities. This | 26 | | requirement does not apply,
however, to State highways located |
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| 1 | | within territory to be annexed under
this Article.
| 2 | | (Source: P.A. 97-336, eff. 8-12-11.)".
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