093_SB1526

 
                                     LRB093 02384 MKM 02392 b

 1        AN ACT in relation to municipalities.

 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 Sections 7-1-3 and 7-1-4 as follows:

 6        (65 ILCS 5/7-1-3) (from Ch. 24, par. 7-1-3)
 7        Sec. 7-1-3. After the filing of the petition but not less
 8    than  5  days  prior  to  the date fixed for the hearing, any
 9    interested  person  may  file  with  the  circuit  clerk  his
10    objections (1) that the territory described in  the  petition
11    or  ordinance,  as  the case may be, is not contiguous to the
12    annexing municipality, (2) that the petition is not signed by
13    the requisite  number  of  electors  or  property  owners  of
14    record,  (3)  that the description of the territory contained
15    in the  petition  or  ordinance,  as  the  case  may  be,  is
16    inadequate, or (4) that the objector's land is located on the
17    perimeter   of  such  territory,  that  he  does  not  desire
18    annexation, and that exclusion of his land will  not  destroy
19    the  contiguity  of such described property with the annexing
20    municipality, or  (5)  that  the  objector  does  not  desire
21    annexation,  and  that  exclusion  of  all  or a specifically
22    described portion of the objector's land will not destroy the
23    contiguity of the territory that is proposed  to  be  annexed
24    with  the  annexing  municipality, provided that the objector
25    may also or instead propose the annexation of other territory
26    owned by the objector in order to maintain contiguity.
27    (Source: Laws 1967, p. 3740.)

28        (65 ILCS 5/7-1-4) (from Ch. 24, par. 7-1-4)
29        Sec. 7-1-4. The cause  shall  be  heard  without  further
30    pleadings. At the hearing the objector may be heard in person
 
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 1    or by counsel.
 2        Prior   to  hearing  evidence  on  the  validity  of  the
 3    annexation petition or ordinance, the court  shall  hear  and
 4    determine  any  objection  under  sub-paragraph (4) or (5) of
 5    Section 7-1-3. If the court is satisfied that such  objection
 6    is  valid,  it  shall  order  the petition or ordinance to be
 7    amended to eliminate such objector's land from the  territory
 8    sought  to be annexed or to otherwise alter the boundaries of
 9    the territory to be annexed in accordance with that  Section.
10    Thereafter   upon   this   hearing   the   only   matter  for
11    determination  shall  be  the  validity  of  the   annexation
12    petition  or  ordinance, as the case may be, and the decision
13    of the court shall be final. All petitions shall be supported
14    by an affidavit of one or more of the  petitioners,  or  some
15    one  on  their  behalf,  that  the signatures on the petition
16    represent a majority of the property owners of record of land
17    in the territory described and a majority of the electors  of
18    the  territory therein described. Petitions so verified shall
19    be accepted as prima facie evidence of  such  facts.  If  the
20    court finds that (1) the annexation petition is not signed by
21    the  requisite  number  of  electors  or  property  owners of
22    record; or (2) that the described property is not  contiguous
23    to  the annexing municipality; or (3) that the description is
24    materially defective; or (4) that the petition or  ordinance,
25    as  the  case  may  be, is otherwise invalid, the court shall
26    dismiss the petition or ordinance, as the case may be.
27        But if the court finds that the petition or ordinance, as
28    the case may be, is valid, the court shall (1) enter an order
29    describing the territory to be annexed,  (2)  find  that  the
30    petition  or  ordinance, as the case may be, conforms to this
31    Article, and (3) direct that the question  of  annexation  be
32    submitted  to  the  corporate  authorities  of  the  annexing
33    municipality   or  to  the  electors  of  the  unincorporated
34    territory, as the case may be, for final action. A  certified
 
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 1    copy of the order of the court directing that the question of
 2    annexation be submitted to the corporate authorities shall be
 3    sent to the clerk of the annexing municipality.
 4        Appeals shall lie from any final order of the court as in
 5    other civil actions.
 6    (Source: P.A. 81-448.)