96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4676

 

Introduced , by Rep. Bill Mitchell

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/7-1-2   from Ch. 24, par. 7-1-2
65 ILCS 5/7-1-4   from Ch. 24, par. 7-1-4
65 ILCS 5/7-1-7   from Ch. 24, par. 7-1-7
65 ILCS 5/7-1-8   from Ch. 24, par. 7-1-8
65 ILCS 5/7-1-11   from Ch. 24, par. 7-1-11
65 ILCS 5/7-1-12   from Ch. 24, par. 7-1-12

    Amends the Illinois Municipal Code. In provisions concerning the annexation of contiguous territory, requires a 60% vote (now, a majority) of the owners of record of land in the territory to be annexed and 60% (now, a majority) of the electors, if any, residing in the territory to petition the circuit court for annexation. Requires that at least 60% (now, a majority) of the electors residing in the unincorporated territory cast ballots in favor of annexation for the territory to become a part of the annexing municipality. Sets forth public hearing and notice requirements for the annexation of contiguous territory with no electors. Effective immediately.


LRB096 15233 RLJ 30308 b

 

 

A BILL FOR

 

HB4676 LRB096 15233 RLJ 30308 b

1     AN ACT concerning local government.
 
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 7-1-2, 7-1-4, 7-1-7, 7-1-8, 7-1-11, and
6 7-1-12 as follows:
 
7     (65 ILCS 5/7-1-2)  (from Ch. 24, par. 7-1-2)
8     Sec. 7-1-2. (a) A written petition signed by at least 60% a
9 majority of the owners of record of land in the territory and
10 also by at least 60% a majority of the electors, if any,
11 residing in the territory shall be filed with the circuit court
12 clerk of the county in which the territory is located, or the
13 corporate authorities of a municipality may initiate the
14 proceedings by enacting an ordinance expressing their desire to
15 annex the described territory. A person owning land underlying
16 a highway shall not be considered an owner of record for
17 purposes of this petition unless that person owns some land not
18 underlying a highway proposed to be annexed in the petition for
19 annexation. No tract of land in excess of 10 acres in area may
20 be included in the ordinances of a municipality initiating the
21 proceedings, however, without the express consent of the owner
22 of the tract unless the tract (i) is subdivided into lots or
23 blocks or (ii) is bounded on at least 3 sides by lands

 

 

HB4676 - 2 - LRB096 15233 RLJ 30308 b

1 subdivided into lots or blocks. A tract of land shall be deemed
2 so bounded if it is actually separated from the subdivision
3 only by the right-of-way of a railroad or other public utility
4 or at a public highway. The petition or ordinance, as the case
5 may be, shall request the annexation of the territory to a
6 specified municipality and also shall request that the circuit
7 court of the specified county submit the question of the
8 annexation to the corporate authorities of the annexing
9 municipality or to the electors of the unincorporated
10 territory, as the case may be. The circuit court shall enter an
11 order fixing the time for the hearing upon the petition, and
12 the day for the hearing shall be not less than 20 nor more than
13 30 days after the filing of the petition or ordinance, as the
14 case may be.
15     (b) The petitioners or corporate authorities, as the case
16 may be, shall give notice of the annexation petition or
17 ordinance, as the case may be, not more than 30 nor less than
18 15 days before the date fixed for the hearing. This notice
19 shall state that a petition for annexation or ordinance, as the
20 case may be, has been filed and shall give the substance of the
21 petition, including a description of the territory to be
22 annexed, the name of the annexing municipality, and the date
23 fixed for the hearing. This notice shall be given by publishing
24 a notice at least once in one or more newspapers published in
25 the annexing municipality or, if no newspaper is published in
26 the annexing municipality, in one or more newspapers with a

 

 

HB4676 - 3 - LRB096 15233 RLJ 30308 b

1 general circulation within the annexing municipality and
2 territory. A copy of this notice shall be filed with the clerk
3 of the annexing municipality and the municipal clerk shall
4 send, by registered mail, an additional copy to the highway
5 commissioner of each road district within which the territory
6 proposed to be annexed is situated. If a municipal clerk fails
7 to send the notice to a highway commissioner as required by
8 this subsection, the municipality shall reimburse the road
9 district served by that highway commissioner for any loss or
10 liability caused by that failure.
11     (c) The petitioners or corporate authorities, as the case
12 may be, shall pay to the clerk of the circuit court $10 as a
13 filing and service fee, and no petition or ordinance, as the
14 case may be, shall be filed until this fee is paid.
15     (d) No petitioner may withdraw from this petition except by
16 consent of the majority of the other petitioners, or where it
17 is shown to the satisfaction of the court that the signature of
18 the petitioner was obtained by fraud or misrepresentation.
19     (e) If a State charitable institution is situated upon a
20 tract or tracts of land that lie partly within and partly
21 without the corporate limits of any municipality, the corporate
22 authorities of the municipality may by resolution without any
23 petition or proceedings required by this Article but with the
24 written consent of the Director of the State Department having
25 jurisdiction of the institution, annex any part or all of the
26 tracts lying without the corporate limits.

 

 

HB4676 - 4 - LRB096 15233 RLJ 30308 b

1     (f) If real estate owned by the State of Illinois or any
2 board, agency, or commission of the State is situated in
3 unincorporated territory adjacent to a municipality, the
4 corporate authorities of the municipality may annex any part or
5 all of the real estate only with the written consent of the
6 Governor or the governing authority of the board, agency, or
7 commission, without any petition or proceedings required by
8 this Article by resolution of the corporate authorities. This
9 requirement does not apply, however, to State highways located
10 within territory to be annexed under this Article.
11 (Source: P.A. 87-533; 88-355.)
 
12     (65 ILCS 5/7-1-4)  (from Ch. 24, par. 7-1-4)
13     Sec. 7-1-4. The cause shall be heard without further
14 pleadings. At the hearing the objector may be heard in person
15 or by counsel.
16     Prior to hearing evidence on the validity of the annexation
17 petition or ordinance, the court shall hear and determine any
18 objection under sub-paragraph (4) of Section 7-1-3. If the
19 court is satisfied that such objection is valid, it shall order
20 the petition or ordinance to be amended to eliminate such
21 objector's land from the territory sought to be annexed.
22 Thereafter upon this hearing the only matter for determination
23 shall be the validity of the annexation petition or ordinance,
24 as the case may be, and the decision of the court shall be
25 final. All petitions shall be supported by an affidavit of one

 

 

HB4676 - 5 - LRB096 15233 RLJ 30308 b

1 or more of the petitioners, or some one on their behalf, that
2 the signatures on the petition represent at least 60% a
3 majority of the property owners of record of land in the
4 territory described and at least 60% a majority of the electors
5 of the territory therein described. Petitions so verified shall
6 be accepted as prima facie evidence of such facts. If the court
7 finds that (1) the annexation petition is not signed by the
8 requisite number of electors or property owners of record; or
9 (2) that the described property is not contiguous to the
10 annexing municipality; or (3) that the description is
11 materially defective; or (4) that the petition or ordinance, as
12 the case may be, is otherwise invalid, the court shall dismiss
13 the petition or ordinance, as the case may be.
14     But if the court finds that the petition or ordinance, as
15 the case may be, is valid, the court shall (1) enter an order
16 describing the territory to be annexed, (2) find that the
17 petition or ordinance, as the case may be, conforms to this
18 Article, and (3) direct that the question of annexation be
19 submitted to the corporate authorities of the annexing
20 municipality or to the electors of the unincorporated
21 territory, as the case may be, for final action. A certified
22 copy of the order of the court directing that the question of
23 annexation be submitted to the corporate authorities shall be
24 sent to the clerk of the annexing municipality.
25     Appeals shall lie from any final order of the court as in
26 other civil actions.

 

 

HB4676 - 6 - LRB096 15233 RLJ 30308 b

1 (Source: P.A. 81-448.)
 
2     (65 ILCS 5/7-1-7)  (from Ch. 24, par. 7-1-7)
3     Sec. 7-1-7. (a) If the court finds that an annexation
4 ordinance is valid, the court shall enter an order directing
5 the submission of the question of annexation of the
6 unincorporated territory to the electors of that territory at
7 an election in accordance with the general election law and
8 directing the clerk of the annexing municipality to send, by
9 registered mail, a notice of the date of the prospective
10 referendum to the highway commissioner of each road district
11 within which the territory proposed to be annexed is situated.
12 The clerk of the circuit court shall certify the question for
13 submission.
14     (b) If at least 60% a majority of those casting ballots
15 favor annexation, the described territory shall, except as
16 otherwise provided in Section 7-1-1, thereupon be a part of the
17 annexing municipality. Within 15 days after the referendum, the
18 clerk of the annexing municipality shall promptly send written
19 notice of the results of the referendum by registered mail to
20 the highway commissioner of each road district within which the
21 territory is situated.
22     (c) If a municipal clerk fails to send any notice to a
23 highway commissioner as required by this Section, the
24 municipality shall reimburse the road district served by that
25 highway commissioner for any loss or liability caused by that

 

 

HB4676 - 7 - LRB096 15233 RLJ 30308 b

1 failure.
2 (Source: P.A. 87-533; 88-355.)
 
3     (65 ILCS 5/7-1-8)  (from Ch. 24, par. 7-1-8)
4     Sec. 7-1-8. Any territory which is not within the corporate
5 limits of any municipality but which is contiguous to a
6 municipality at the time of annexation and which territory has
7 no electors residing therein, or any such territory with
8 electors residing therein, may be annexed to the municipality
9 in the following manner: a written petition signed by the
10 owners of record of all land within such territory and by at
11 least 60% 51% of the electors residing therein shall be filed
12 with the municipal clerk. The petition shall request annexation
13 and shall state that no electors reside therein or that at
14 least 60% 51% of such electors residing therein join in the
15 petition, whichever shall be the case, and shall be under oath.
16 The corporate authorities of the municipality shall conduct a
17 public hearing at least 30 days prior to its adoption of an
18 annexation ordinance. Notice of the public hearing must be
19 given not more than 30 nor less than 20 days before the public
20 hearing. This notice shall state that a petition for annexation
21 has been filed and shall give the substance of the petition,
22 including a description of the territory to be annexed, the
23 name of the annexing municipality, and the date fixed for the
24 hearing. Notice shall be given by publication in one or more
25 newspapers published in the annexing municipality or, if no

 

 

HB4676 - 8 - LRB096 15233 RLJ 30308 b

1 newspaper is published in the annexing municipality, in one or
2 more newspapers with a general circulation within the annexing
3 municipality and territory. The corporate authorities of the
4 municipality to which annexation is sought shall then consider
5 the question of the annexation of the described territory. A
6 majority vote of the corporate authorities then holding office
7 is required to annex. The vote shall be by "yeas" and "nays"
8 entered on the legislative records. A copy of the ordinance
9 annexing the territory together with an accurate map of the
10 annexed territory shall be recorded with the recorder and filed
11 with the County Clerk within the county wherever the annexed
12 territory is located.
13 (Source: P.A. 83-358.)
 
14     (65 ILCS 5/7-1-11)  (from Ch. 24, par. 7-1-11)
15     Sec. 7-1-11. The following is an optional method of
16 annexing any territory which, (1) is not less than one square
17 mile in area; (2) contains at least 500 inhabitants; (3) is not
18 included within any municipality; and (4) is contiguous to a
19 municipality having not more than 100,000 inhabitants. Such
20 territory may be annexed to a municipality of the specified
21 sort as follows:
22     A petition, signed by not less than 100 of the electors of
23 the territory sought to be annexed and by the owners of record
24 of more than 60% 50% of such territory, shall be filed with the
25 circuit court for the county in which the territory is

 

 

HB4676 - 9 - LRB096 15233 RLJ 30308 b

1 situated. The petition shall request that the question of
2 annexation of the territory described therein be submitted to
3 the electors of the territory.
4     No tract of land in excess of 10 acres in area shall be
5 included in the annexation petition without the express consent
6 of the owner thereof unless the tract is
7     (1) subdivided into lots or blocks; or
8     (2) bounded on at least 3 sides by lands subdivided into
9 lots or blocks.
10     The owner of record of land comprising any part of the
11 perimeter of the territory sought to be annexed may apply to
12 the court for the exclusion of his or her land from the
13 territory described in such petition. The court shall grant
14 such application if the exclusion of such land will not destroy
15 the contiguity of the land sought to be annexed with the
16 annexing municipality.
17     After considering any such application, the court shall
18 order the question submitted within the territory at an
19 election in accordance with the general election law. The clerk
20 of the circuit court shall certify the question to the proper
21 election authority for submission. The result of the election
22 shall be entered of record in the court. If at least 60% a
23 majority of the votes cast on the question favor annexation,
24 the court shall then give notice thereof to the corporate
25 authorities of the proposed annexing municipality. The
26 corporate authorities shall then vote on the question of such

 

 

HB4676 - 10 - LRB096 15233 RLJ 30308 b

1 annexation and if a majority of their membership, by a vote
2 recorded in the minutes, vote in favor of the annexation, an
3 ordinance shall be passed annexing the territory. The clerk of
4 the annexing municipality shall certify and file a copy of the
5 annexation ordinance with a map showing the boundary lines of
6 the territory annexed, with the recorder of the county in which
7 the municipality is located and a document of annexation shall
8 be filed with the county clerk and County Election Authority.
9     If the question of such annexation does not receive the
10 requisite majority vote of the corporate authorities, the
11 municipal clerk shall certify the question at an election in
12 accordance with the general election law.
13     If at least 60% a majority of the persons voting upon the
14 question vote for annexation, the described territory is
15 annexed to the annexing municipality. The clerk of the annexing
16 municipality shall certify and file a statement of the
17 annexation proceeding with a map showing the boundary lines of
18 the territory annexed, as provided in this Section section.
19     If a majority of persons voting on the question vote
20 against annexation, no further proceedings shall be had on the
21 question for at least 22 months from the date of such election.
22 (Source: P.A. 83-1362.)
 
23     (65 ILCS 5/7-1-12)  (from Ch. 24, par. 7-1-12)
24     Sec. 7-1-12. Upon a written petition which is signed by at
25 least 60% a majority of the owners of record of land in any

 

 

HB4676 - 11 - LRB096 15233 RLJ 30308 b

1 contiguous unincorporated territory wholly bounded by 2 or more
2 municipalities and after the notice required by this Section
3 has been given, the specified territory may be annexed by any
4 one of the specified municipalities by the passage of an
5 ordinance providing therefor. The corporate authorities of the
6 annexing municipality shall cause notice of the filing of such
7 petition to be published once, in a newspaper of general
8 circulation within the territory to be annexed, not less than
9 10 days before the passage of the annexation ordinance. When
10 the territory to be annexed lies wholly or partially within a
11 township other than that township where the municipality is
12 situated, the annexing municipality shall give at least 10 days
13 prior written notice of the time and place of the passage of
14 the annexation ordinance to the township supervisor of the
15 township where the territory to be annexed lies. The ordinance
16 shall describe the territory annexed, which may not exceed 1/3
17 the area of the annexing municipality before the annexation. A
18 copy of the annexing ordinance and an accurate map of the
19 annexed territory shall be recorded by the recorder of the
20 county wherein the annexed territory is situated and a document
21 of annexation shall be filed with the county clerk and County
22 Election Authority.
23 (Source: P.A. 86-769.)
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.