Sen. Terry Link
Filed: 11/15/2004
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1 | AMENDMENT TO HOUSE BILL 834
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2 | AMENDMENT NO. ______. Amend House Bill 834 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 7-1-1 as follows:
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6 | (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
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7 | Sec. 7-1-1. Annexation of contiguous territory. Any | ||||||
8 | territory that is not within the corporate limits of any | ||||||
9 | municipality but
is contiguous to a municipality may be annexed | ||||||
10 | to the municipality as provided
in this Article. For the | ||||||
11 | purposes of this Article any territory to be annexed
to a | ||||||
12 | municipality shall be considered to be contiguous to the | ||||||
13 | municipality
notwithstanding that the territory is separated | ||||||
14 | from the municipality by a
strip parcel or railroad or public | ||||||
15 | utility right-of-way, but upon annexation the area included
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16 | within that strip parcel or right-of-way shall not be | ||||||
17 | considered to be annexed to the
municipality. For purposes of | ||||||
18 | this Section, "strip parcel" means a separation no wider than | ||||||
19 | 30 feet between the territory to be annexed and the municipal | ||||||
20 | boundary.
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21 | Except in counties with a population of more than
500,000
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22 | but
less than 3,000,000, territory which is not contiguous to a | ||||||
23 | municipality but is
separated therefrom only by a forest | ||||||
24 | preserve district or open land or open space that is part of an |
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1 | open space program, as defined in Section 115-5 of the Township | ||||||
2 | Code, may be annexed to the
municipality pursuant to Sections | ||||||
3 | 7-1-7 or 7-1-8, but
only if the annexing municipality can show | ||||||
4 | that the forest preserve district , open land, or open space
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5 | creates an artificial barrier preventing the annexation and | ||||||
6 | that the location
of the forest preserve district , open land, | ||||||
7 | or open space property prevents the orderly natural growth of
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8 | the annexing municipality. It shall be conclusively presumed | ||||||
9 | that the forest
preserve district , open land, or open space
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10 | does not create an artificial barrier if the property sought
to | ||||||
11 | be annexed is bounded on at least 3 sides by (i) one or more | ||||||
12 | other
municipalities (other than the municipality seeking | ||||||
13 | annexation through the
existing forest preserve district , open | ||||||
14 | land, or open space ), (ii) forest preserve district property , | ||||||
15 | open land, or open space , or
(iii) a combination of other | ||||||
16 | municipalities and forest preserve district
property , open | ||||||
17 | land, or open space . It shall also be conclusively presumed | ||||||
18 | that the forest preserve
district , open land, or open space
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19 | does not create an artificial barrier if the municipality | ||||||
20 | seeking
annexation is not the closest municipality to the | ||||||
21 | property to be annexed.
The territory included
within such | ||||||
22 | forest preserve district , open land, or open space shall not be | ||||||
23 | annexed to the municipality
nor shall the territory of the | ||||||
24 | forest preserve district , open land, or open space be subject | ||||||
25 | to
rights-of-way for access or services between the parts of | ||||||
26 | the municipality
separated by the forest preserve district , | ||||||
27 | open land, or open space without the consent of the governing
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28 | body of the forest preserve district.
The changes made to this | ||||||
29 | Section by this amendatory Act of 91st General
Assembly are
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30 | declaratory of existing law and shall not be construed as a new | ||||||
31 | enactment.
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32 | In counties that are contiguous to the Mississippi River | ||||||
33 | with populations
of more than 200,000 but less than 255,000, a | ||||||
34 | municipality that is partially
located in territory that is |
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1 | wholly surrounded by the Mississippi River and a
canal, | ||||||
2 | connected at both ends to the Mississippi River and located on | ||||||
3 | property
owned by the United States of America, may annex | ||||||
4 | noncontiguous territory in the
surrounded territory under | ||||||
5 | Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | ||||||
6 | from the municipality by property owned by the United States of
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7 | America, but that federal property shall not be annexed without | ||||||
8 | the consent of
the federal government.
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9 | When any land proposed to be annexed is part of any Fire | ||||||
10 | Protection
District or of any Public Library District and the | ||||||
11 | annexing
municipality provides fire protection or a public | ||||||
12 | library, as the case
may be, the Trustees of each District | ||||||
13 | shall be notified in writing by
certified or registered mail | ||||||
14 | before any court hearing or other action is
taken for | ||||||
15 | annexation. The notice shall be served 10 days in advance.
An | ||||||
16 | affidavit that service of notice has been had as provided by | ||||||
17 | this
Section must be filed with the clerk of the court in which | ||||||
18 | the
annexation proceedings are pending or will be instituted | ||||||
19 | or, when no
court proceedings are involved, with the recorder | ||||||
20 | for the
county where the land is situated. No annexation of | ||||||
21 | that land is
effective unless service is had and the affidavit | ||||||
22 | filed as provided in
this Section.
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23 | The new boundary shall extend to the far side of any | ||||||
24 | adjacent highway
and shall include all of every highway within | ||||||
25 | the area annexed. These
highways shall be considered to be | ||||||
26 | annexed even though not included in
the legal description set | ||||||
27 | forth in the petition for annexation. When
any land proposed to | ||||||
28 | be annexed includes any highway under the
jurisdiction of any | ||||||
29 | township, the Township Commissioner of Highways and
the Board | ||||||
30 | of Town Trustees shall be notified in writing by certified or
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31 | registered mail before any court hearing or other action is | ||||||
32 | taken for
annexation. In the event that a municipality fails to | ||||||
33 | notify the Township
Commissioner of Highways and the Board of | ||||||
34 | Town Trustees of the annexation
of an area within the township, |
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1 | the municipality shall reimburse that
township for any loss or | ||||||
2 | liability caused by the failure to give
notice. If any | ||||||
3 | municipality has annexed any area before October 1,
1975, and | ||||||
4 | the legal description in the petition for annexation did not
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5 | include the entire adjacent highway, any such annexation shall | ||||||
6 | be valid and any
highway adjacent to the area annexed shall be | ||||||
7 | considered to be annexed
notwithstanding the failure of the | ||||||
8 | petition to annex to include the
description of the entire | ||||||
9 | adjacent highway.
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10 | Any annexation, disconnection and annexation, or | ||||||
11 | disconnection under
this Article of any territory must be | ||||||
12 | reported by certified or
registered mail by the corporate | ||||||
13 | authority initiating the action to the
election authorities | ||||||
14 | having jurisdiction in the territory and the post
office | ||||||
15 | branches serving the territory within 30 days of the | ||||||
16 | annexation,
disconnection and annexation, or disconnection.
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17 | Failure to give notice to the required election authorities | ||||||
18 | or
post office branches will not invalidate the annexation or
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19 | disconnection. For purposes of this Section "election | ||||||
20 | authorities"
means the county clerk where the clerk acts as the | ||||||
21 | clerk of elections
or the clerk of the election commission | ||||||
22 | having jurisdiction.
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23 | No annexation, disconnection and annexation, or | ||||||
24 | disconnection under
this Article of territory having electors | ||||||
25 | residing therein made (1)
before any primary election to be | ||||||
26 | held within the municipality
affected thereby and after the | ||||||
27 | time for filing petitions as a candidate
for nomination to any | ||||||
28 | office to be chosen at the primary election or (2) within
60 | ||||||
29 | days before any general election to be held within the | ||||||
30 | municipality shall be
effective until the day after the date of | ||||||
31 | the primary or general election, as
the case may be.
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32 | For the purpose of this Section, a toll highway or | ||||||
33 | connection between
parcels via an overpass bridge over a toll | ||||||
34 | highway shall not be
considered a deterrent to the definition |
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1 | of contiguous territory.
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2 | When territory is proposed to be annexed
by court order | ||||||
3 | under this Article, the corporate
authorities or petitioners
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4 | initiating the action shall notify each person who pays real | ||||||
5 | estate taxes on
property within that territory unless the | ||||||
6 | person is a petitioner. The notice
shall be served
by certified
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7 | or registered mail, return receipt requested, at least 20 days | ||||||
8 | before a court
hearing or other court action.
If the person
who | ||||||
9 | pays real estate taxes on the property is not the owner of
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10 | record, then the payor shall notify the owner of record of the | ||||||
11 | proposed
annexation.
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12 | (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)".
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