Sen. Arthur J. Wilhelmi
Filed: 5/10/2005
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1 | AMENDMENT TO HOUSE BILL 720
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2 | AMENDMENT NO. ______. Amend House Bill 720 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 | (Text of Section before amendment by P.A. 93-1098 )
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8 | Sec. 7-1-1. Annexation of contiguous territory. Any | ||||||
9 | territory that is not within the corporate limits of any | ||||||
10 | municipality but
is contiguous to a municipality may be annexed | ||||||
11 | to the municipality as provided
in this Article. For the | ||||||
12 | purposes of this Article any territory to be annexed
to a | ||||||
13 | municipality shall be considered to be contiguous to the | ||||||
14 | municipality
notwithstanding that the territory is separated | ||||||
15 | from the municipality by a
railroad or public utility | ||||||
16 | right-of-way or former railroad right-of-way that has been | ||||||
17 | converted to a recreational trail , but upon annexation the area | ||||||
18 | included
within that right-of-way or former right-of-way shall | ||||||
19 | not be considered to be annexed to the
municipality.
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20 | Except in counties with a population of more than 600,000
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21 | 500,000 but
less than 3,000,000, territory which is not | ||||||
22 | contiguous to a municipality but is
separated therefrom only by | ||||||
23 | a forest preserve district may be annexed to the
municipality | ||||||
24 | pursuant to Section
Sections 7-1-7 or 7-1-8, but
only if the |
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1 | annexing municipality can show that the forest preserve | ||||||
2 | district
creates an artificial barrier preventing the | ||||||
3 | annexation and that the location
of the forest preserve | ||||||
4 | district property prevents the orderly natural growth of
the | ||||||
5 | annexing municipality. It shall be conclusively presumed that | ||||||
6 | the forest
preserve district does not create an artificial | ||||||
7 | barrier if the property sought
to be annexed is bounded on at | ||||||
8 | least 3 sides by (i) one or more other
municipalities (other | ||||||
9 | than the municipality seeking annexation through the
existing | ||||||
10 | forest preserve district), (ii) forest preserve district | ||||||
11 | property, or
(iii) a combination of other municipalities and | ||||||
12 | forest preserve district
property. It shall also be | ||||||
13 | conclusively presumed that the forest preserve
district does | ||||||
14 | not create an artificial barrier if the municipality seeking
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15 | annexation is not the closest municipality to the property to | ||||||
16 | be annexed.
The territory included
within such forest preserve | ||||||
17 | district shall not be annexed to the municipality
nor shall the | ||||||
18 | territory of the forest preserve district be subject to
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19 | rights-of-way for access or services between the parts of the | ||||||
20 | municipality
separated by the forest preserve district without | ||||||
21 | the consent of the governing
body of the forest preserve | ||||||
22 | district.
The changes made to this Section by this amendatory | ||||||
23 | Act of 91st General
Assembly are
declaratory of existing law | ||||||
24 | and shall not be construed as a new enactment.
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25 | In counties that are contiguous to the Mississippi River | ||||||
26 | with populations
of more than 200,000 but less than 255,000, a | ||||||
27 | municipality that is partially
located in territory that is | ||||||
28 | wholly surrounded by the Mississippi River and a
canal, | ||||||
29 | connected at both ends to the Mississippi River and located on | ||||||
30 | property
owned by the United States of America, may annex | ||||||
31 | noncontiguous territory in the
surrounded territory under | ||||||
32 | Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | ||||||
33 | from the municipality by property owned by the United States of
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34 | America, but that federal property shall not be annexed without |
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1 | the consent of
the federal government.
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2 | For the purposes of this Article, any territory to be | ||||||
3 | annexed to a municipality that is located in a county with more | ||||||
4 | than 500,000 inhabitants shall be considered to be contiguous | ||||||
5 | to the municipality if only a river and a national heritage | ||||||
6 | corridor separate the territory from the municipality. Upon | ||||||
7 | annexation, no river or national heritage corridor shall be | ||||||
8 | considered annexed to the municipality.
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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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13 | (Text of Section after amendment by P.A. 93-1098 )
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14 | Sec. 7-1-1. Annexation of contiguous territory. Any | ||||||
15 | territory that is not within the corporate limits of any | ||||||
16 | municipality but
is contiguous to a municipality may be annexed | ||||||
17 | to the municipality as provided
in this Article. For the | ||||||
18 | purposes of this Article any territory to be annexed
to a | ||||||
19 | municipality shall be considered to be contiguous to the | ||||||
20 | municipality
notwithstanding that the territory is separated | ||||||
21 | from the municipality by a
strip parcel ,
or railroad or public | ||||||
22 | utility right-of-way , or former railroad right-of-way that has | ||||||
23 | been converted to a recreational trail , but upon annexation the | ||||||
24 | area included
within that strip parcel ,
or right-of-way , or | ||||||
25 | former right-of-way shall not be considered to be annexed to | ||||||
26 | the
municipality. For purposes of this Section, "strip parcel" | ||||||
27 | means a separation no wider than 30 feet between the territory | ||||||
28 | to be annexed and the municipal boundary.
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29 | Except in counties with a population of more than
600,000
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30 | 500,000
but
less than 3,000,000, territory which is not | ||||||
31 | contiguous to a municipality but is
separated therefrom only by | ||||||
32 | a forest preserve district or open land or open space that is | ||||||
33 | part of an open space program, as defined in Section 115-5 of |
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1 | the Township Code, may be annexed to the
municipality pursuant | ||||||
2 | to Section
Sections 7-1-7 or 7-1-8, but
only if the annexing | ||||||
3 | municipality can show that the forest preserve district, open | ||||||
4 | land, or open space
creates an artificial barrier preventing | ||||||
5 | the annexation and that the location
of the forest preserve | ||||||
6 | district, open land, or open space property prevents the | ||||||
7 | orderly natural growth of
the annexing municipality. It shall | ||||||
8 | be conclusively presumed that the forest
preserve district, | ||||||
9 | open land, or open space
does not create an artificial barrier | ||||||
10 | if the property sought
to be annexed is bounded on at least 3 | ||||||
11 | sides by (i) one or more other
municipalities (other than the | ||||||
12 | municipality seeking annexation through the
existing forest | ||||||
13 | preserve district, open land, or open space), (ii) forest | ||||||
14 | preserve district property, open land, or open space, or
(iii) | ||||||
15 | a combination of other municipalities and forest preserve | ||||||
16 | district
property, open land, or open space. It shall also be | ||||||
17 | conclusively presumed that the forest preserve
district, open | ||||||
18 | land, or open space
does not create an artificial barrier if | ||||||
19 | the municipality seeking
annexation is not the closest | ||||||
20 | municipality to the property to be annexed.
The territory | ||||||
21 | included
within such forest preserve district, open land, or | ||||||
22 | open space shall not be annexed to the municipality
nor shall | ||||||
23 | the territory of the forest preserve district, open land, or | ||||||
24 | open space be subject to
rights-of-way for access or services | ||||||
25 | between the parts of the municipality
separated by the forest | ||||||
26 | preserve district, open land, or open space without the consent | ||||||
27 | of the governing
body of the forest preserve district.
The | ||||||
28 | changes made to this Section by this amendatory Act of 91st | ||||||
29 | General
Assembly are
declaratory of existing law and shall not | ||||||
30 | be construed as a new enactment.
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31 | In counties that are contiguous to the Mississippi River | ||||||
32 | with populations
of more than 200,000 but less than 255,000, a | ||||||
33 | municipality that is partially
located in territory that is | ||||||
34 | wholly surrounded by the Mississippi River and a
canal, |
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| |||||||
1 | connected at both ends to the Mississippi River and located on | ||||||
2 | property
owned by the United States of America, may annex | ||||||
3 | noncontiguous territory in the
surrounded territory under | ||||||
4 | Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | ||||||
5 | from the municipality by property owned by the United States of
| ||||||
6 | America, but that federal property shall not be annexed without | ||||||
7 | the consent of
the federal government.
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8 | For the purposes of this Article, any territory to be | ||||||
9 | annexed to a municipality that is located in a county with more | ||||||
10 | than 500,000 inhabitants shall be considered to be contiguous | ||||||
11 | to the municipality if only a river and a national heritage | ||||||
12 | corridor separate the territory from the municipality. Upon | ||||||
13 | annexation, no river or national heritage corridor shall be | ||||||
14 | considered annexed to the municipality.
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15 | When any land proposed to be annexed is part of any Fire | ||||||
16 | Protection
District or of any Public Library District and the | ||||||
17 | annexing
municipality provides fire protection or a public | ||||||
18 | library, as the case
may be, the Trustees of each District | ||||||
19 | shall be notified in writing by
certified or registered mail | ||||||
20 | before any court hearing or other action is
taken for | ||||||
21 | annexation. The notice shall be served 10 days in advance.
An | ||||||
22 | affidavit that service of notice has been had as provided by | ||||||
23 | this
Section must be filed with the clerk of the court in which | ||||||
24 | the
annexation proceedings are pending or will be instituted | ||||||
25 | or, when no
court proceedings are involved, with the recorder | ||||||
26 | for the
county where the land is situated. No annexation of | ||||||
27 | that land is
effective unless service is had and the affidavit | ||||||
28 | filed as provided in
this Section.
| ||||||
29 | The new boundary shall extend to the far side of any | ||||||
30 | adjacent highway
and shall include all of every highway within | ||||||
31 | the area annexed. These
highways shall be considered to be | ||||||
32 | annexed even though not included in
the legal description set | ||||||
33 | forth in the petition for annexation. When
any land proposed to | ||||||
34 | be annexed includes any highway under the
jurisdiction of any |
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1 | township, the Township Commissioner of Highways and
the Board | ||||||
2 | of Town Trustees shall be notified in writing by certified or
| ||||||
3 | registered mail before any court hearing or other action is | ||||||
4 | taken for
annexation. In the event that a municipality fails to | ||||||
5 | notify the Township
Commissioner of Highways and the Board of | ||||||
6 | Town Trustees of the annexation
of an area within the township, | ||||||
7 | the municipality shall reimburse that
township for any loss or | ||||||
8 | liability caused by the failure to give
notice. If any | ||||||
9 | municipality has annexed any area before October 1,
1975, and | ||||||
10 | the legal description in the petition for annexation did not
| ||||||
11 | include the entire adjacent highway, any such annexation shall | ||||||
12 | be valid and any
highway adjacent to the area annexed shall be | ||||||
13 | considered to be annexed
notwithstanding the failure of the | ||||||
14 | petition to annex to include the
description of the entire | ||||||
15 | adjacent highway.
| ||||||
16 | Any annexation, disconnection and annexation, or | ||||||
17 | disconnection under
this Article of any territory must be | ||||||
18 | reported by certified or
registered mail by the corporate | ||||||
19 | authority initiating the action to the
election authorities | ||||||
20 | having jurisdiction in the territory and the post
office | ||||||
21 | branches serving the territory within 30 days of the | ||||||
22 | annexation,
disconnection and annexation, or disconnection.
| ||||||
23 | Failure to give notice to the required election authorities | ||||||
24 | or
post office branches will not invalidate the annexation or
| ||||||
25 | disconnection. For purposes of this Section "election | ||||||
26 | authorities"
means the county clerk where the clerk acts as the | ||||||
27 | clerk of elections
or the clerk of the election commission | ||||||
28 | having jurisdiction.
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29 | No annexation, disconnection and annexation, or | ||||||
30 | disconnection under
this Article of territory having electors | ||||||
31 | residing therein made (1)
before any primary election to be | ||||||
32 | held within the municipality
affected thereby and after the | ||||||
33 | time for filing petitions as a candidate
for nomination to any | ||||||
34 | office to be chosen at the primary election or (2) within
60 |
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1 | days before any general election to be held within the | ||||||
2 | municipality shall be
effective until the day after the date of | ||||||
3 | the primary or general election, as
the case may be.
| ||||||
4 | For the purpose of this Section, a toll highway or | ||||||
5 | connection between
parcels via an overpass bridge over a toll | ||||||
6 | highway shall not be
considered a deterrent to the definition | ||||||
7 | of contiguous territory.
| ||||||
8 | When territory is proposed to be annexed
by court order | ||||||
9 | under this Article, the corporate
authorities or petitioners
| ||||||
10 | initiating the action shall notify each person who pays real | ||||||
11 | estate taxes on
property within that territory unless the | ||||||
12 | person is a petitioner. The notice
shall be served
by certified
| ||||||
13 | or registered mail, return receipt requested, at least 20 days | ||||||
14 | before a court
hearing or other court action.
If the person
who | ||||||
15 | pays real estate taxes on the property is not the owner of
| ||||||
16 | record, then the payor shall notify the owner of record of the | ||||||
17 | proposed
annexation.
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18 | (Source: P.A. 93-1098, eff. 1-1-06.)
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19 | Section 95. No acceleration or delay. Where this Act makes | ||||||
20 | changes in a
statute that is represented in this Act by text | ||||||
21 | that is not yet or no longer in
effect (for example, a Section | ||||||
22 | represented by multiple versions), the use of
that text does | ||||||
23 | not accelerate or delay the taking effect of (i) the changes
| ||||||
24 | made by this Act or (ii) provisions derived from any other | ||||||
25 | Public Act.".
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