Full Text of SB1535 98th General Assembly
SB1535 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1535 Introduced 2/13/2013, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/7-1-13 | from Ch. 24, par. 7-1-13 |
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Amends the Illinois Municipal Code. Provides that a municipality may not annex territory owned by a public water district except as provided by a Division of the Illinois Municipal Code regarding municipality relationship to public water districts. Effective immediately.
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| | A BILL FOR |
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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. Land or property that is used for agricultural | 14 | | purposes or to produce agricultural goods shall not be annexed | 15 | | pursuant to item (g). Nothing in this Section shall subject any | 16 | | railroad property to the zoning or jurisdiction of any | 17 | | municipality annexing the property under this Section. The
| 18 | | ordinance shall describe the territory annexed and a copy | 19 | | thereof together
with an accurate map of the annexed territory | 20 | | shall be recorded in the
office of the recorder of the county | 21 | | wherein the annexed territory is
situated and a document of | 22 | | annexation shall be filed with the county clerk
and County | 23 | | Election Authority. Nothing in this Section shall be construed
| 24 | | as permitting a municipality to annex territory of a forest | 25 | | preserve
district in a county with a population of 3,000,000 or | 26 | | more without
obtaining the consent of the district pursuant to |
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| 1 | | Section 8.3 of the
Cook County Forest Preserve District Act nor | 2 | | shall anything in this Section be construed as permitting a | 3 | | municipality to annex territory owned by a park district | 4 | | without obtaining the consent of the district pursuant to | 5 | | Section 8-1.1 of the Park District Code. Nothing in this | 6 | | Section shall be construed as permitting a municipality to | 7 | | annex territory owned by a public water district organized | 8 | | under "An Act in relation to public water districts", approved | 9 | | July 25, 1945, as amended, except as provided by Section | 10 | | 11-151-4 of the Illinois Municipal Code. | 11 | | (b) The corporate authorities shall cause notice, stating | 12 | | that annexation of the territory described in the notice is | 13 | | contemplated under this Section, to be published once, in a | 14 | | newspaper of general circulation within the territory to be | 15 | | annexed, not less than 10 days before the passage of the | 16 | | annexation ordinance, and for land annexed pursuant to item (g) | 17 | | of subsection (a) of this Section, notice shall be given to the | 18 | | impacted land owners. The corporate authorities shall also, not | 19 | | less than 15 days before the passage of the annexation | 20 | | ordinance, serve written notice, either in person or, at a | 21 | | minimum, by certified mail, on the taxpayer of record of the | 22 | | proposed annexed territory as appears from the authentic tax | 23 | | records of the county. When the territory to be annexed lies | 24 | | wholly or partially within a township other than the township | 25 | | where the municipality is situated, the annexing municipality | 26 | | shall give at least 10 days prior written notice of the time
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| 1 | | and place of the passage of the annexation ordinance to the | 2 | | township
supervisor of the township where the territory to be | 3 | | annexed lies. If the territory to be annexed lies within the | 4 | | unincorporated area of a county, then the annexing municipality | 5 | | shall give at least 10 days' prior written notice of the time
| 6 | | and place of the passage of the annexation ordinance to the | 7 | | corporate authorities of the county where the territory to be | 8 | | annexed lies. | 9 | | (c) When notice is given as described in subsection (b) of | 10 | | this Section, no other municipality may annex the proposed | 11 | | territory for a period of 60 days from the date the notice is | 12 | | mailed or delivered to the taxpayer of record unless that other | 13 | | municipality has initiated annexation proceedings or a valid | 14 | | petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | 15 | | of this Code has been received by the municipality prior to the | 16 | | publication and mailing of the notices required in subsection | 17 | | (b). | 18 | | (Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; | 19 | | 96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff. | 20 | | 8-19-11.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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