Full Text of HB3851 100th General Assembly
HB3851eng 100TH 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 Township Code is amended by changing Section | 5 | | 15-10 and by adding Section 15-5.1 as follows: | 6 | | (60 ILCS 1/15-5.1 new) | 7 | | Sec. 15-5.1. Home rule municipality; organization of | 8 | | coterminous city. | 9 | | (a) The corporate authorities of a home rule municipality | 10 | | in any county under township organization, by
resolution, may | 11 | | provide that the municipality is organized into a new township | 12 | | under the name designated in a
petition under subsection (b). | 13 | | The municipality shall be known as a coterminous city. | 14 | | (b) The corporate authorities of a home rule municipality | 15 | | shall not take action under the provisions of subsection (a) | 16 | | unless a
petition requesting that action, signed by at least | 17 | | 200 voters of the
municipality, has been presented to the | 18 | | corporate authorities of the municipality and the corporate | 19 | | authorities have held a public
hearing on the petition. Notice | 20 | | of the hearing shall be published at least 3
times in a | 21 | | newspaper published in the municipality or, if there is none, | 22 | | in a newspaper
published in the county and having a general | 23 | | circulation in the territory
described in the petition. The |
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| 1 | | first notice shall be published at least 60 days
before the | 2 | | date of the hearing.
| 3 | | (60 ILCS 1/15-10)
| 4 | | Sec. 15-10.
Disconnection of territory from township; | 5 | | annexation to
adjacent township. Until the effective date of | 6 | | this amendatory Act of
1997,
whenever a township is organized | 7 | | under this Article and any
of the territory of the city not | 8 | | more than one-half square mile in extent and
containing not | 9 | | more than 50 inhabitants is disconnected from the city,
the
| 10 | | county board may, by resolution, upon receiving a certified | 11 | | copy of the
resolution or ordinance of the city disconnecting | 12 | | the territory and after a
public hearing on the matter | 13 | | following notice given as provided in Sections Section
15-5 or | 14 | | 15-5.1 , disconnect the territory from the township and annex it | 15 | | to an adjacent
township or townships.
| 16 | | Whenever a township is organized under this Article and any | 17 | | of the
territory of the city is, after the effective date of | 18 | | this
amendatory Act of 1997, disconnected from the city by | 19 | | court order or ordinance,
the territory
shall automatically be | 20 | | disconnected from the otherwise coterminous township and
| 21 | | connected to the adjacent township, and the transfer of the | 22 | | territory shall not
affect the city's status as a city with a | 23 | | coterminous township.
If disconnection is pursuant to court | 24 | | order, the petitioning party in the
cause shall, within 30 days | 25 | | of the entry of an order permitting disconnection,
serve a copy |
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| 1 | | of the order upon the coterminous township, the adjacent
| 2 | | township, and the county clerk by certified mail, return | 3 | | receipt requested, and
shall file proof of the service with the | 4 | | circuit clerk. Upon objection by
either the coterminous | 5 | | township or the adjacent township within 180 days after
the | 6 | | enactment of the ordinance or after service of the court order,
| 7 | | the county board or the corporate authorities of a home rule | 8 | | municipality may, after receiving a certified copy of
the court | 9 | | order or ordinance and after a public hearing on the matter | 10 | | following
notice given as provided in Sections Section 15-5 or | 11 | | 15-5.1 , pass an ordinance annulling the
automatic | 12 | | disconnection of territory from the coterminous township. The | 13 | | action
by the county board or the corporate authorities of a | 14 | | home rule municipality shall not affect the disconnection of | 15 | | territory from the
city, but shall cause the territory to | 16 | | remain in the coterminous township. The
annulling by the county | 17 | | board or the corporate authorities of a home rule municipality | 18 | | of the automatic disconnection of territory from
the | 19 | | coterminous township shall not affect the city's status as a | 20 | | city with a
coterminous township.
| 21 | | (Source: P.A. 90-481, eff. 8-17-97.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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