Full Text of HB2157 101st General Assembly
HB2157ham002 101ST GENERAL ASSEMBLY | Rep. Thaddeus Jones Filed: 2/28/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2157
| 2 | | AMENDMENT NO. ______. Amend House Bill 2157 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 7-1-8 and 7-1-13 as follows:
| 6 | | (65 ILCS 5/7-1-8) (from Ch. 24, par. 7-1-8)
| 7 | | Sec. 7-1-8.
Any territory which is not within the corporate | 8 | | limits of any
municipality but which is contiguous to a | 9 | | municipality at the time of
annexation and which territory
has | 10 | | no electors residing therein, or any such territory with | 11 | | electors
residing therein, may be annexed to the municipality | 12 | | in the following
manner: a written petition signed by the | 13 | | owners of record of all land
within such territory and by at | 14 | | least 51% of the electors residing therein
shall be filed with | 15 | | the municipal clerk. The petition shall request
annexation and | 16 | | shall state (a) that no electors reside therein or that at |
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| 1 | | least
51% of such electors residing therein join in the | 2 | | petition, whichever shall
be the case, (b) that the petition | 3 | | for annexation is made solely for the benefit of the owners of | 4 | | record of the land and, if applicable, the electors residing in | 5 | | the territory, and (c) that the petition for annexation is not | 6 | | made for the purpose of assisting any municipality in annexing | 7 | | additional territory pursuant to Section 7-1-13, and shall be | 8 | | under oath. The corporate authorities of the
municipality to | 9 | | which annexation is sought shall then consider the question
of | 10 | | the annexation of the described territory. A majority vote of | 11 | | the
corporate authorities then holding office is required to | 12 | | annex. The vote
shall be by "yeas" and "nays" entered on the | 13 | | legislative records. A copy of
the ordinance annexing the | 14 | | territory together with an accurate map of the
annexed | 15 | | territory shall be recorded with the recorder and filed
with | 16 | | the County Clerk within the county wherever the annexed | 17 | | territory is
located.
| 18 | | (Source: P.A. 83-358.)
| 19 | | (65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13) | 20 | | Sec. 7-1-13. Annexation. | 21 | | (a) Whenever any unincorporated territory containing 60
| 22 | | acres or less, is wholly bounded by (a) one or more | 23 | | municipalities, (b)
one or more municipalities and a creek in a | 24 | | county with a population of
400,000 or more, or one or more | 25 | | municipalities and a river or lake in any
county, (c) one or |
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| 1 | | more municipalities and the Illinois State
boundary, (d) except | 2 | | as provided in item (h) of this subsection (a), one or more | 3 | | municipalities and property owned by the
State of Illinois, | 4 | | except highway right-of-way owned in fee by the State,
(e) one | 5 | | or more municipalities and a forest preserve district or park | 6 | | district,
(f) if the territory is a triangular parcel of less | 7 | | than 10 acres, one or
more municipalities and an interstate | 8 | | highway owned in fee by the State and
bounded by a frontage | 9 | | road, (g) one or more municipalities in a county with a | 10 | | population of more than 800,000 inhabitants and less than | 11 | | 2,000,000 inhabitants and either a railroad or operating | 12 | | property, as defined in the Property Tax Code (35 ILCS | 13 | | 200/11-70), being immediately adjacent to, but exclusive of | 14 | | that railroad property, (h) one or more municipalities located | 15 | | within a county with a population of more than 800,000 | 16 | | inhabitants and less than 2,000,000 inhabitants and property | 17 | | owned by the State, including without limitation a highway | 18 | | right-of-way owned in fee by the State, or (i) one or more | 19 | | municipalities and property on which a federally funded | 20 | | research facility in excess of 2,000 acres is located, that | 21 | | territory may be annexed
by any municipality by which it is | 22 | | bounded in whole or in part,
by the passage of an ordinance to | 23 | | that effect after notice is given as
provided in subsection (b) | 24 | | of this Section. Land or property that is used for agricultural | 25 | | purposes or to produce agricultural goods shall not be annexed | 26 | | pursuant to item (g). Nothing in this Section shall subject any |
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| 1 | | railroad property to the zoning or jurisdiction of any | 2 | | municipality annexing the property under this Section. The
| 3 | | ordinance shall describe the territory annexed and a copy | 4 | | thereof together
with an accurate map of the annexed territory | 5 | | shall be recorded in the
office of the recorder of the county | 6 | | wherein the annexed territory is
situated and a document of | 7 | | annexation shall be filed with the county clerk
and County | 8 | | Election Authority. Nothing in this Section shall be construed
| 9 | | as permitting a municipality to annex territory of a forest | 10 | | preserve
district in a county with a population of 3,000,000 or | 11 | | more without
obtaining the consent of the district pursuant to | 12 | | Section 8.3 of the
Cook County Forest Preserve District Act nor | 13 | | shall anything in this Section be construed as permitting a | 14 | | municipality to annex territory owned by a park district | 15 | | without obtaining the consent of the district pursuant to | 16 | | Section 8-1.1 of the Park District Code. A municipality shall | 17 | | not annex any territory pursuant to this Section that could not | 18 | | be annexed to the municipality pursuant to this Section but for | 19 | | the prior annexation of other territory pursuant to Section | 20 | | 7-1-8 unless the prior annexation pursuant to Section 7-1-8 was | 21 | | made solely for the benefit of the owners of record of the land | 22 | | and was not made for the purpose of assisting the municipality | 23 | | in annexing territory pursuant to this Section. | 24 | | (b) The corporate authorities shall cause notice, stating | 25 | | that annexation of the territory described in the notice is | 26 | | contemplated under this Section, to be published once, in a |
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| 1 | | newspaper of general circulation within the territory to be | 2 | | annexed, not less than 10 days before the passage of the | 3 | | annexation ordinance, and for land annexed pursuant to item (g) | 4 | | of subsection (a) of this Section, notice shall be given to the | 5 | | impacted land owners. The corporate authorities shall also, not | 6 | | less than 15 days before the passage of the annexation | 7 | | ordinance, serve written notice, either in person or, at a | 8 | | minimum, by certified mail, on the taxpayer of record of the | 9 | | proposed annexed territory as appears from the authentic tax | 10 | | records of the county. When the territory to be annexed lies | 11 | | wholly or partially within a township other than the township | 12 | | where the municipality is situated, the annexing municipality | 13 | | shall give at least 10 days prior written notice of the time
| 14 | | and place of the passage of the annexation ordinance to the | 15 | | township
supervisor of the township where the territory to be | 16 | | annexed lies. If the territory to be annexed lies within the | 17 | | unincorporated area of a county, then the annexing municipality | 18 | | shall give at least 10 days' prior written notice of the time
| 19 | | and place of the passage of the annexation ordinance to the | 20 | | corporate authorities of the county where the territory to be | 21 | | annexed lies. | 22 | | (c) When notice is given as described in subsection (b) of | 23 | | this Section, no other municipality may annex the proposed | 24 | | territory for a period of 60 days from the date the notice is | 25 | | mailed or delivered to the taxpayer of record unless that other | 26 | | municipality has initiated annexation proceedings or a valid |
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| 1 | | petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | 2 | | of this Code has been received by the municipality prior to the | 3 | | publication and mailing of the notices required in subsection | 4 | | (b). | 5 | | (Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; | 6 | | 96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff. | 7 | | 8-19-11.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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