Full Text of HB0720 94th General Assembly
HB0720enr 94TH GENERAL ASSEMBLY
|
|
|
HB0720 Enrolled |
|
LRB094 08076 AJO 38260 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 Section 7-1-1 and by adding Section 7-1-5.3 as | 6 |
| follows:
| 7 |
| (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
| 8 |
| (Text of Section before amendment by P.A. 93-1098 )
| 9 |
| Sec. 7-1-1. Annexation of contiguous territory. Any | 10 |
| territory that is not within the corporate limits of any | 11 |
| municipality but
is contiguous to a municipality may be annexed | 12 |
| to the municipality as provided
in this Article. For the | 13 |
| purposes of this Article any territory to be annexed
to a | 14 |
| municipality shall be considered to be contiguous to the | 15 |
| municipality
notwithstanding that the territory is separated | 16 |
| from the municipality by a
railroad or public utility | 17 |
| right-of-way or former railroad right-of-way that has been | 18 |
| converted to a recreational trail , but upon annexation the area | 19 |
| included
within that right-of-way or former right-of-way shall | 20 |
| not be considered to be annexed to the
municipality.
| 21 |
| Except in counties with a population of more than 600,000
| 22 |
| 500,000 but
less than 3,000,000, territory which is not | 23 |
| contiguous to a municipality but is
separated therefrom only by | 24 |
| a forest preserve district may be annexed to the
municipality | 25 |
| pursuant to Section
Sections 7-1-7 or 7-1-8, but
only if the | 26 |
| annexing municipality can show that the forest preserve | 27 |
| district
creates an artificial barrier preventing the | 28 |
| annexation and that the location
of the forest preserve | 29 |
| district property prevents the orderly natural growth of
the | 30 |
| annexing municipality. It shall be conclusively presumed that | 31 |
| the forest
preserve district does not create an artificial | 32 |
| barrier if the property sought
to be annexed is bounded on at |
|
|
|
HB0720 Enrolled |
- 2 - |
LRB094 08076 AJO 38260 b |
|
| 1 |
| least 3 sides by (i) one or more other
municipalities (other | 2 |
| than the municipality seeking annexation through the
existing | 3 |
| forest preserve district), (ii) forest preserve district | 4 |
| property, or
(iii) a combination of other municipalities and | 5 |
| forest preserve district
property. It shall also be | 6 |
| conclusively presumed that the forest preserve
district does | 7 |
| not create an artificial barrier if the municipality seeking
| 8 |
| annexation is not the closest municipality to the property to | 9 |
| be annexed.
The territory included
within such forest preserve | 10 |
| district shall not be annexed to the municipality
nor shall the | 11 |
| territory of the forest preserve district be subject to
| 12 |
| rights-of-way for access or services between the parts of the | 13 |
| municipality
separated by the forest preserve district without | 14 |
| the consent of the governing
body of the forest preserve | 15 |
| district.
The changes made to this Section by this amendatory | 16 |
| Act of 91st General
Assembly are
declaratory of existing law | 17 |
| and shall not be construed as a new enactment.
| 18 |
| In counties that are contiguous to the Mississippi River | 19 |
| with populations
of more than 200,000 but less than 255,000, a | 20 |
| municipality that is partially
located in territory that is | 21 |
| wholly surrounded by the Mississippi River and a
canal, | 22 |
| connected at both ends to the Mississippi River and located on | 23 |
| property
owned by the United States of America, may annex | 24 |
| noncontiguous territory in the
surrounded territory under | 25 |
| Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 26 |
| from the municipality by property owned by the United States of
| 27 |
| America, but that federal property shall not be annexed without | 28 |
| the consent of
the federal government.
| 29 |
| For the purposes of this Article, any territory to be | 30 |
| annexed to a municipality that is located in a county with more | 31 |
| than 500,000 inhabitants shall be considered to be contiguous | 32 |
| to the municipality if only a river and a national heritage | 33 |
| corridor separate the territory from the municipality. Upon | 34 |
| annexation, no river or national heritage corridor shall be | 35 |
| considered annexed to the municipality.
| 36 |
| When any land proposed to be annexed is part of any Fire |
|
|
|
HB0720 Enrolled |
- 3 - |
LRB094 08076 AJO 38260 b |
|
| 1 |
| Protection
District or of any Public Library District and the | 2 |
| annexing
municipality provides fire protection or a public | 3 |
| library, as the case
may be, the Trustees of each District | 4 |
| shall be notified in writing by
certified or registered mail | 5 |
| before any court hearing or other action is
taken for | 6 |
| annexation. The notice shall be served 10 days in advance.
An | 7 |
| affidavit that service of notice has been had as provided by | 8 |
| this
Section must be filed with the clerk of the court in which | 9 |
| the
annexation proceedings are pending or will be instituted | 10 |
| or, when no
court proceedings are involved, with the recorder | 11 |
| for the
county where the land is situated. No annexation of | 12 |
| that land is
effective unless service is had and the affidavit | 13 |
| filed as provided in
this Section.
| 14 |
| The new boundary shall extend to the far side of any | 15 |
| adjacent highway
and shall include all of every highway within | 16 |
| the area annexed. These
highways shall be considered to be | 17 |
| annexed even though not included in
the legal description set | 18 |
| forth in the petition for annexation. When
any land proposed to | 19 |
| be annexed includes any highway under the
jurisdiction of any | 20 |
| township, the Township Commissioner of Highways and
the Board | 21 |
| of Town Trustees shall be notified in writing by certified or
| 22 |
| registered mail before any court hearing or other action is | 23 |
| taken for
annexation. In the event that a municipality fails to | 24 |
| notify the Township
Commissioner of Highways and the Board of | 25 |
| Town Trustees of the annexation
of an area within the township, | 26 |
| the municipality shall reimburse that
township for any loss or | 27 |
| liability caused by the failure to give
notice. If any | 28 |
| municipality has annexed any area before October 1,
1975, and | 29 |
| the legal description in the petition for annexation did not
| 30 |
| include the entire adjacent highway, any such annexation shall | 31 |
| be valid and any
highway adjacent to the area annexed shall be | 32 |
| considered to be annexed
notwithstanding the failure of the | 33 |
| petition to annex to include the
description of the entire | 34 |
| adjacent highway.
| 35 |
| Any annexation, disconnection and annexation, or | 36 |
| disconnection under
this Article of any territory must be |
|
|
|
HB0720 Enrolled |
- 4 - |
LRB094 08076 AJO 38260 b |
|
| 1 |
| reported by certified or
registered mail by the corporate | 2 |
| authority initiating the action to the
election authorities | 3 |
| having jurisdiction in the territory and the post
office | 4 |
| branches serving the territory within 30 days of the | 5 |
| annexation,
disconnection and annexation, or disconnection.
| 6 |
| Failure to give notice to the required election authorities | 7 |
| or
post office branches will not invalidate the annexation or
| 8 |
| disconnection. For purposes of this Section "election | 9 |
| authorities"
means the county clerk where the clerk acts as the | 10 |
| clerk of elections
or the clerk of the election commission | 11 |
| having jurisdiction.
| 12 |
| No annexation, disconnection and annexation, or | 13 |
| disconnection under
this Article of territory having electors | 14 |
| residing therein made (1)
before any primary election to be | 15 |
| held within the municipality
affected thereby and after the | 16 |
| time for filing petitions as a candidate
for nomination to any | 17 |
| office to be chosen at the primary election or (2) within
60 | 18 |
| days before any general election to be held within the | 19 |
| municipality shall be
effective until the day after the date of | 20 |
| the primary or general election, as
the case may be.
| 21 |
| For the purpose of this Section, a toll highway or | 22 |
| connection between
parcels via an overpass bridge over a toll | 23 |
| highway shall not be
considered a deterrent to the definition | 24 |
| of contiguous territory.
| 25 |
| When territory is proposed to be annexed
by court order | 26 |
| under this Article, the corporate
authorities or petitioners
| 27 |
| initiating the action shall notify each person who pays real | 28 |
| estate taxes on
property within that territory unless the | 29 |
| person is a petitioner. The notice
shall be served
by certified
| 30 |
| or registered mail, return receipt requested, at least 20 days | 31 |
| before a court
hearing or other court action.
If the person
who | 32 |
| pays real estate taxes on the property is not the owner of
| 33 |
| record, then the payor shall notify the owner of record of the | 34 |
| proposed
annexation.
| 35 |
| (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
|
|
|
|
HB0720 Enrolled |
- 5 - |
LRB094 08076 AJO 38260 b |
|
| 1 |
| (Text of Section after amendment by P.A. 93-1098 )
| 2 |
| Sec. 7-1-1. Annexation of contiguous territory. Any | 3 |
| territory that is not within the corporate limits of any | 4 |
| municipality but
is contiguous to a municipality may be annexed | 5 |
| to the municipality as provided
in this Article. For the | 6 |
| purposes of this Article any territory to be annexed
to a | 7 |
| municipality shall be considered to be contiguous to the | 8 |
| municipality
notwithstanding that the territory is separated | 9 |
| from the municipality by a
strip parcel ,
or railroad or public | 10 |
| utility right-of-way , or former railroad right-of-way that has | 11 |
| been converted to a recreational trail , but upon annexation the | 12 |
| area included
within that strip parcel ,
or right-of-way , or | 13 |
| former right-of-way shall not be considered to be annexed to | 14 |
| the
municipality. For purposes of this Section, "strip parcel" | 15 |
| means a separation no wider than 30 feet between the territory | 16 |
| to be annexed and the municipal boundary.
| 17 |
| Except in counties with a population of more than
600,000
| 18 |
| 500,000
but
less than 3,000,000, territory which is not | 19 |
| contiguous to a municipality but is
separated therefrom only by | 20 |
| a forest preserve district or open land or open space that is | 21 |
| part of an open space program, as defined in Section 115-5 of | 22 |
| the Township Code, may be annexed to the
municipality pursuant | 23 |
| to Section
Sections 7-1-7 or 7-1-8, but
only if the annexing | 24 |
| municipality can show that the forest preserve district, open | 25 |
| land, or open space
creates an artificial barrier preventing | 26 |
| the annexation and that the location
of the forest preserve | 27 |
| district, open land, or open space property prevents the | 28 |
| orderly natural growth of
the annexing municipality. It shall | 29 |
| be conclusively presumed that the forest
preserve district, | 30 |
| open land, or open space
does not create an artificial barrier | 31 |
| if the property sought
to be annexed is bounded on at least 3 | 32 |
| sides by (i) one or more other
municipalities (other than the | 33 |
| municipality seeking annexation through the
existing forest | 34 |
| preserve district, open land, or open space), (ii) forest | 35 |
| preserve district property, open land, or open space, or
(iii) | 36 |
| a combination of other municipalities and forest preserve |
|
|
|
HB0720 Enrolled |
- 6 - |
LRB094 08076 AJO 38260 b |
|
| 1 |
| district
property, open land, or open space. It shall also be | 2 |
| conclusively presumed that the forest preserve
district, open | 3 |
| land, or open space
does not create an artificial barrier if | 4 |
| the municipality seeking
annexation is not the closest | 5 |
| municipality to the property to be annexed.
The territory | 6 |
| included
within such forest preserve district, open land, or | 7 |
| open space shall not be annexed to the municipality
nor shall | 8 |
| the territory of the forest preserve district, open land, or | 9 |
| open space be subject to
rights-of-way for access or services | 10 |
| between the parts of the municipality
separated by the forest | 11 |
| preserve district, open land, or open space without the consent | 12 |
| of the governing
body of the forest preserve district.
The | 13 |
| changes made to this Section by this amendatory Act of 91st | 14 |
| General
Assembly are
declaratory of existing law and shall not | 15 |
| be construed as a new enactment.
| 16 |
| In counties that are contiguous to the Mississippi River | 17 |
| with populations
of more than 200,000 but less than 255,000, a | 18 |
| municipality that is partially
located in territory that is | 19 |
| wholly surrounded by the Mississippi River and a
canal, | 20 |
| connected at both ends to the Mississippi River and located on | 21 |
| property
owned by the United States of America, may annex | 22 |
| noncontiguous territory in the
surrounded territory under | 23 |
| Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 24 |
| from the municipality by property owned by the United States of
| 25 |
| America, but that federal property shall not be annexed without | 26 |
| the consent of
the federal government.
| 27 |
| For the purposes of this Article, any territory to be | 28 |
| annexed to a municipality that is located in a county with more | 29 |
| than 500,000 inhabitants shall be considered to be contiguous | 30 |
| to the municipality if only a river and a national heritage | 31 |
| corridor separate the territory from the municipality. Upon | 32 |
| annexation, no river or national heritage corridor shall be | 33 |
| considered annexed to the municipality.
| 34 |
| When any land proposed to be annexed is part of any Fire | 35 |
| Protection
District or of any Public Library District and the | 36 |
| annexing
municipality provides fire protection or a public |
|
|
|
HB0720 Enrolled |
- 7 - |
LRB094 08076 AJO 38260 b |
|
| 1 |
| library, as the case
may be, the Trustees of each District | 2 |
| shall be notified in writing by
certified or registered mail | 3 |
| before any court hearing or other action is
taken for | 4 |
| annexation. The notice shall be served 10 days in advance.
An | 5 |
| affidavit that service of notice has been had as provided by | 6 |
| this
Section must be filed with the clerk of the court in which | 7 |
| the
annexation proceedings are pending or will be instituted | 8 |
| or, when no
court proceedings are involved, with the recorder | 9 |
| for the
county where the land is situated. No annexation of | 10 |
| that land is
effective unless service is had and the affidavit | 11 |
| filed as provided in
this Section.
| 12 |
| The new boundary shall extend to the far side of any | 13 |
| adjacent highway
and shall include all of every highway within | 14 |
| the area annexed. These
highways shall be considered to be | 15 |
| annexed even though not included in
the legal description set | 16 |
| forth in the petition for annexation. When
any land proposed to | 17 |
| be annexed includes any highway under the
jurisdiction of any | 18 |
| township, the Township Commissioner of Highways and
the Board | 19 |
| of Town Trustees shall be notified in writing by certified or
| 20 |
| registered mail before any court hearing or other action is | 21 |
| taken for
annexation. In the event that a municipality fails to | 22 |
| notify the Township
Commissioner of Highways and the Board of | 23 |
| Town Trustees of the annexation
of an area within the township, | 24 |
| the municipality shall reimburse that
township for any loss or | 25 |
| liability caused by the failure to give
notice. If any | 26 |
| municipality has annexed any area before October 1,
1975, and | 27 |
| the legal description in the petition for annexation did not
| 28 |
| include the entire adjacent highway, any such annexation shall | 29 |
| be valid and any
highway adjacent to the area annexed shall be | 30 |
| considered to be annexed
notwithstanding the failure of the | 31 |
| petition to annex to include the
description of the entire | 32 |
| adjacent highway.
| 33 |
| Any annexation, disconnection and annexation, or | 34 |
| disconnection under
this Article of any territory must be | 35 |
| reported by certified or
registered mail by the corporate | 36 |
| authority initiating the action to the
election authorities |
|
|
|
HB0720 Enrolled |
- 8 - |
LRB094 08076 AJO 38260 b |
|
| 1 |
| having jurisdiction in the territory and the post
office | 2 |
| branches serving the territory within 30 days of the | 3 |
| annexation,
disconnection and annexation, or disconnection.
| 4 |
| Failure to give notice to the required election authorities | 5 |
| or
post office branches will not invalidate the annexation or
| 6 |
| disconnection. For purposes of this Section "election | 7 |
| authorities"
means the county clerk where the clerk acts as the | 8 |
| clerk of elections
or the clerk of the election commission | 9 |
| having jurisdiction.
| 10 |
| No annexation, disconnection and annexation, or | 11 |
| disconnection under
this Article of territory having electors | 12 |
| residing therein made (1)
before any primary election to be | 13 |
| held within the municipality
affected thereby and after the | 14 |
| time for filing petitions as a candidate
for nomination to any | 15 |
| office to be chosen at the primary election or (2) within
60 | 16 |
| days before any general election to be held within the | 17 |
| municipality shall be
effective until the day after the date of | 18 |
| the primary or general election, as
the case may be.
| 19 |
| For the purpose of this Section, a toll highway or | 20 |
| connection between
parcels via an overpass bridge over a toll | 21 |
| highway shall not be
considered a deterrent to the definition | 22 |
| of contiguous territory.
| 23 |
| When territory is proposed to be annexed
by court order | 24 |
| under this Article, the corporate
authorities or petitioners
| 25 |
| initiating the action shall notify each person who pays real | 26 |
| estate taxes on
property within that territory unless the | 27 |
| person is a petitioner. The notice
shall be served
by certified
| 28 |
| or registered mail, return receipt requested, at least 20 days | 29 |
| before a court
hearing or other court action.
If the person
who | 30 |
| pays real estate taxes on the property is not the owner of
| 31 |
| record, then the payor shall notify the owner of record of the | 32 |
| proposed
annexation.
| 33 |
| (Source: P.A. 93-1098, eff. 1-1-06.)
| 34 |
| (65 ILCS 5/7-1-5.3 new)
| 35 |
| Sec. 7-1-5.3. Planned unit development; rail-trail. When a |
|
|
|
HB0720 Enrolled |
- 9 - |
LRB094 08076 AJO 38260 b |
|
| 1 |
| developer petitions a municipality to annex property for a | 2 |
| planned unit development of residential, commercial, or | 3 |
| industrial sub-divisions that is located adjacent to a former | 4 |
| railroad right-of-way that has been converted to a recreational | 5 |
| trail ("rail-trail") that is owned by the State, a unit of | 6 |
| local government, or a non-profit organization, the | 7 |
| municipality shall notify the State, unit of local government, | 8 |
| or non-profit organization and furnish the proposed | 9 |
| development plans to the State, unit of local government, or | 10 |
| non-profit organization for review. The municipality shall | 11 |
| require the developer petitioning for annexation to reasonably | 12 |
| accommodate the rail-trail and modify its proposed development | 13 |
| plans to ensure against adverse impacts to the users of the | 14 |
| rail-trail or the natural and built resources within the | 15 |
| right-of-way. If the municipality does not require the | 16 |
| developer to make a modification prior to annexation, the | 17 |
| municipality shall provide a written explanation to the State, | 18 |
| unit of local government, or non-profit organization owning the | 19 |
| rail-trail. The intent of this review and planning process is | 20 |
| to ensure that no development along a rail-trail negatively | 21 |
| affects the safety of users or the natural and built resources | 22 |
| within the right-of-way.
| 23 |
| Section 95. No acceleration or delay. Where this Act makes | 24 |
| changes in a
statute that is represented in this Act by text | 25 |
| that is not yet or no longer in
effect (for example, a Section | 26 |
| represented by multiple versions), the use of
that text does | 27 |
| not accelerate or delay the taking effect of (i) the changes
| 28 |
| made by this Act or (ii) provisions derived from any other | 29 |
| Public Act. |
|