Rep. Bob Biggins
Filed: 4/23/2004
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1 | AMENDMENT TO HOUSE BILL 6436
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2 | AMENDMENT NO. ______. Amend House Bill 6436 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 | adding Section 7-3-6.2 as follows: | ||||||
6 | (65 ILCS 5/7-3-6.2 new) | ||||||
7 | Sec. 7-3-6.2. Disconnection and annexation; surrounded or | ||||||
8 | nearly surrounded territory.
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9 | (a) This Section does not apply in (i) a municipality with | ||||||
10 | a population of more than 1,000,000, (ii) a municipality that | ||||||
11 | borders a municipality with a population of more than | ||||||
12 | 1,000,000, or (iii) a municipality that is located on the | ||||||
13 | border of a county with a population of more than 3,000,000. | ||||||
14 | (b) Territory that is within the corporate limits of any | ||||||
15 | municipality may be disconnected from that municipality and | ||||||
16 | annexed to another municipality to which the territory is | ||||||
17 | contiguous as provided in this Section. | ||||||
18 | (c) For purposes of this Section, territory to be | ||||||
19 | disconnected shall be territory within a municipality located | ||||||
20 | in whole or in part within a county having a population of more | ||||||
21 | than 3,000,000, which territory (1) is not less than 20 acres | ||||||
22 | in area, but does not exceed 160 acres in area; (2) is located | ||||||
23 | on the border of the municipality; (3) if disconnected, will | ||||||
24 | not result in the isolation of any part of the municipality |
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1 | from the remainder of the municipality; and (4) is bounded on | ||||||
2 | at least 3 sides by (i) another municipality or (ii) a | ||||||
3 | combination of another municipality and the Eisenhower | ||||||
4 | Expressway, provided that there are no municipal streets within | ||||||
5 | or abutting the territory that are under the jurisdiction of | ||||||
6 | the disconnecting municipality and that cross over or under the | ||||||
7 | Eisenhower Expressway such that the municipal streets directly | ||||||
8 | connect the territory to the portion of the disconnecting | ||||||
9 | municipality on the other side of the Eisenhower Expressway.
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10 | (d) A petition, signed by not less than 10% or 100, | ||||||
11 | whichever is lesser, of the electors of the territory to be | ||||||
12 | disconnected and by the owners of record of more than 50% of | ||||||
13 | the territory, shall be filed with the circuit court for the | ||||||
14 | county in which the territory is situated. The petition shall | ||||||
15 | describe the territory and request that the question of the | ||||||
16 | disconnection and subsequent annexation of the territory be | ||||||
17 | submitted to the electors of the territory.
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18 | (e) After considering the petition, the court shall give | ||||||
19 | notice of the petition to the corporate authorities of each | ||||||
20 | municipality. The corporate authorities of the contiguous | ||||||
21 | annexing municipality shall, within not more than 60 days of | ||||||
22 | the notice, vote on the question of the annexation. If a | ||||||
23 | majority of the members of the corporate authorities of the | ||||||
24 | municipality, by a vote recorded in the minutes, vote in favor | ||||||
25 | of the annexation, an ordinance shall be passed annexing the | ||||||
26 | territory upon disconnection from the first municipality. The | ||||||
27 | clerk of the annexing municipality shall certify and file a | ||||||
28 | copy of the annexation ordinance, together with a map showing | ||||||
29 | the boundary lines of the territory to be annexed, with the | ||||||
30 | clerk of the court. If within 60 days of the notice, the | ||||||
31 | annexing municipality fails to approve the annexation by the | ||||||
32 | requisite majority vote of the members of the corporate | ||||||
33 | authorities, the matter shall be dismissed by the court.
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34 | (f) If the corporate authorities of the annexing |
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1 | municipality vote in favor of the annexation, adopt an | ||||||
2 | annexation ordinance, and file a certified copy of the | ||||||
3 | annexation ordinance with the clerk of the court, the clerk of | ||||||
4 | the court shall certify the question to the proper election | ||||||
5 | authority for submission to the electors of the territory. The | ||||||
6 | question shall be presented at an election in accordance with | ||||||
7 | the general election law. | ||||||
8 | The question shall be in substantially the following form: | ||||||
9 | Shall the territory (describe territory) be | ||||||
10 | disconnected from (name of municipality) and annexed to | ||||||
11 | (name of municipality)?
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12 | The election authority must record the votes as "Yes" or "No" | ||||||
13 | and the result of the election shall be entered of record in | ||||||
14 | the court.
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15 | (g) If a majority of persons voting upon the question vote | ||||||
16 | for disconnection and annexation by the contiguous | ||||||
17 | municipality, the described territory is disconnected from the | ||||||
18 | first municipality and annexed to the annexing municipality | ||||||
19 | upon the terms stated in the annexation ordinance, whereupon | ||||||
20 | the jurisdiction of the annexing municipality is extended over | ||||||
21 | the territory and the disconnecting municipality loses | ||||||
22 | jurisdiction over the territory. | ||||||
23 | (h) If a majority of persons voting on the question vote | ||||||
24 | against the disconnection and annexation, the territory | ||||||
25 | remains in the first municipality, the matter shall be | ||||||
26 | dismissed by the court, the annexing municipality's annexation | ||||||
27 | ordinance shall be null and void, and no further proceedings | ||||||
28 | shall be had on the question for at least 22 months from the | ||||||
29 | date of the election.
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30 | (i) If the proposition passes, the clerk of the annexing | ||||||
31 | municipality, within 90 days after the results of the election | ||||||
32 | are certified, shall file for recordation with the county clerk | ||||||
33 | and the recorder of the county in which the annexed territory | ||||||
34 | is situated a certified copy of the ordinance with an accurate |
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1 | map of the territory annexed.
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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