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1 | AN ACT concerning libraries.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Library District Act of 1991 is | ||||||
5 | amended by changing Sections 15-10 and 15-15 as follows:
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6 | (75 ILCS 16/15-10)
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7 | Sec. 15-10. Uninhabited private property within | ||||||
8 | municipality.
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9 | (a) Territory within the boundaries of a municipality that | ||||||
10 | has no
voters residing in it and that consists in whole or in | ||||||
11 | part of private
property may be annexed to the district as | ||||||
12 | provided in this Section.
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13 | (b) A written petition describing the territory and signed | ||||||
14 | by the owners
of record of all land within the territory may be | ||||||
15 | filed with the Board
of Trustees of the library district. The | ||||||
16 | petition, made under oath, shall
request annexation and state | ||||||
17 | that no voters reside within the territory. The
trustees shall | ||||||
18 | then, by ordinance, annex the described territory. No | ||||||
19 | referendum
need be held.
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20 | (c) The board of trustees of the library district may adopt | ||||||
21 | an ordinance
indicating the district's intention to annex the | ||||||
22 | territory. Prior to adopting this ordinance, the board of | ||||||
23 | trustees of the library district shall send notice of the |
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1 | proposed ordinance to the president of the board of trustees of | ||||||
2 | each public library located within one mile of the territory to | ||||||
3 | be annexed. The library district may, in addition, provide | ||||||
4 | notice of a proposed annexation ordinance on a website | ||||||
5 | maintained by the library district. At any meeting of the board | ||||||
6 | of trustees in which an annexation order under this Section is | ||||||
7 | considered, the board shall provide a reasonable opportunity | ||||||
8 | for any interested person to make public comments on the | ||||||
9 | proposed annexation ordinance. The ordinance shall
contain a | ||||||
10 | description of the territory and a statement that no voters | ||||||
11 | reside in
the territory. Within 15 days of the passage of the | ||||||
12 | annexation ordinance, the library district shall send notice of | ||||||
13 | the adoption of the ordinance and a copy of the map showing the | ||||||
14 | boundaries of the territory to be annexed to the president of | ||||||
15 | the board of trustees of each public library located within one | ||||||
16 | mile of the territory to be annexed. Upon a 60 day written | ||||||
17 | notice of the ordinance to each of the
owners of record of the | ||||||
18 | territory to be annexed and a written receipt of the
notice | ||||||
19 | from each such owner, the trustees shall by ordinance annex the
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20 | described territory. No referendum need be held.
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21 | (d) If an objection to the inclusion in the proposed | ||||||
22 | annexation is filed by
an owner of record or a written receipt | ||||||
23 | of notice is not returned by an owner
of record in the 60 day | ||||||
24 | period, the property of that owner of record will be
excluded | ||||||
25 | from the annexation.
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26 | (e) In no case, however, may territory not contiguous to
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1 | the district or to territory being annexed to the district be | ||||||
2 | annexed.
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3 | (Source: P.A. 87-1277.)
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4 | (75 ILCS 16/15-15)
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5 | Sec. 15-15. Territory included within municipality or | ||||||
6 | school district.
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7 | (a) A district may, by ordinance, annex territory if that | ||||||
8 | territory is: | ||||||
9 | (1) located within the boundaries of a municipality or | ||||||
10 | school district that is included, entirely or partially, | ||||||
11 | within the district; | ||||||
12 | (2) contiguous to the district; and | ||||||
13 | (3) without local, tax-supported public library | ||||||
14 | service.
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15 | An ordinance under this subsection must describe the territory | ||||||
16 | to be annexed.
Prior to adopting the ordinance, the board of | ||||||
17 | trustees of the library district shall send notice of the | ||||||
18 | proposed ordinance to the president of the board of trustees of | ||||||
19 | each public library located within one mile of the territory to | ||||||
20 | be annexed. The library district may, in addition, provide | ||||||
21 | notice of a proposed annexation ordinance on a website | ||||||
22 | maintained by the library district. At any meeting of the board | ||||||
23 | of trustees in which an annexation ordinance under this Section | ||||||
24 | is considered, the board shall provide a reasonable opportunity | ||||||
25 | for any interested person to make public comments on the |
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1 | proposed annexation ordinance.
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2 | (b) Within 15 days of the passage of the
annexation | ||||||
3 | ordinance, the library district shall send notice of the
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4 | adoption of the ordinance, a copy of the map showing the | ||||||
5 | boundaries of the
territory to be annexed, and a copy of the | ||||||
6 | text of the publication notice
required in this Section to the | ||||||
7 | president of the board of trustees of each
public library with | ||||||
8 | territory within one mile of the territory to be
annexed. | ||||||
9 | Within 15 days after the adoption of the ordinance it shall be
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10 | published as provided in Section 1-30. The board may vacate an
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11 | annexation ordinance before its publication.
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12 | (c) The publication or posting of the ordinance shall | ||||||
13 | include a notice of
(i) the specific number of voters required | ||||||
14 | to sign a petition requesting that
the question of the adoption | ||||||
15 | of the ordinance be submitted to the voters of the
district or | ||||||
16 | the territory to be annexed or both, (ii) the time in which the
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17 | petition must be filed, and (iii) the date of the prospective | ||||||
18 | referendum. The
district secretary shall provide a petition | ||||||
19 | form to any individual requesting
one.
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20 | (d) If no petition is filed with the library district | ||||||
21 | within 30
days after publication or posting of the ordinance, | ||||||
22 | the annexation shall
take effect. If, however, within the 30 | ||||||
23 | day period, a petition is filed with
the Board of Trustees of | ||||||
24 | the library district, signed by voters of the
district or the | ||||||
25 | territory to be annexed, or both, equal in number
to 10% or | ||||||
26 | more of the total number of registered voters in the district,
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1 | the territory to be annexed or both, asking that the question | ||||||
2 | of the
annexation of the territory be submitted to the voters | ||||||
3 | of the territory, the
board of trustees may vacate the | ||||||
4 | annexation ordinance or certify the question
to the proper | ||||||
5 | election authority, who shall submit the question at the next
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6 | regular election. Notice of this election shall be given and | ||||||
7 | the election
shall be conducted in accordance with the Election | ||||||
8 | Code. The proposition shall
be submitted to the voters in | ||||||
9 | substantially the following form:
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10 | Shall (description of territory) be annexed to (name of | ||||||
11 | public library
district), (location), Illinois?
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12 | (e) If a majority of votes cast upon the proposition in the
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13 | district, and also a majority of votes cast upon the | ||||||
14 | proposition in the
territory to be annexed, are in favor of the | ||||||
15 | proposition, the Board
of Trustees of the library district may | ||||||
16 | conclude the annexation of the
territory.
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17 | (f) If, before the effective date of this amendatory Act of | ||||||
18 | the 94th General Assembly, a district has annexed territory | ||||||
19 | under this Section and that annexation complies with the | ||||||
20 | requirements set forth in this Section, as changed by this | ||||||
21 | amendatory Act of the 94th General Assembly, then, for all | ||||||
22 | purposes, that annexation is hereby validated, ratified, and | ||||||
23 | declared to be in full force and effect from: (i) 30
days after | ||||||
24 | publication or posting of the ordinance if no petition was | ||||||
25 | filed with the library district under subsection (d); or (ii) | ||||||
26 | if a petition was filed, on the date that the district |
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1 | concluded the annexation of the territory under subsection (e).
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2 | (Source: P.A. 94-899, eff. 6-22-06.)
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