Full Text of HB0834 93rd General Assembly
HB0834sam004 93RD GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 11/15/2004
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| AMENDMENT TO HOUSE BILL 834
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| AMENDMENT NO. ______. Amend House Bill 834 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 7-1-1 as follows:
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| (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
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| Sec. 7-1-1. Annexation of contiguous territory. Any | 8 |
| territory that is not within the corporate limits of any | 9 |
| municipality but
is contiguous to a municipality may be annexed | 10 |
| to the municipality as provided
in this Article. For the | 11 |
| purposes of this Article any territory to be annexed
to a | 12 |
| municipality shall be considered to be contiguous to the | 13 |
| municipality
notwithstanding that the territory is separated | 14 |
| from the municipality by a
strip parcel or railroad or public | 15 |
| utility right-of-way, but upon annexation the area included
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| within that strip parcel or right-of-way shall not be | 17 |
| considered to be annexed to the
municipality. For purposes of | 18 |
| this Section, "strip parcel" means a separation no wider than | 19 |
| 30 feet between the territory to be annexed and the municipal | 20 |
| boundary.
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| Except in counties with a population of more than
500,000
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| but
less than 3,000,000, territory which is not contiguous to a | 23 |
| municipality but is
separated therefrom only by a forest | 24 |
| preserve district or open land or open space that is part of an |
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| open space program, as defined in Section 115-5 of the Township | 2 |
| Code, may be annexed to the
municipality pursuant to Sections | 3 |
| 7-1-7 or 7-1-8, but
only if the annexing municipality can show | 4 |
| that the forest preserve district , open land, or open space
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| creates an artificial barrier preventing the annexation and | 6 |
| that the location
of the forest preserve district , open land, | 7 |
| or open space property prevents the orderly natural growth of
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| the annexing municipality. It shall be conclusively presumed | 9 |
| that the forest
preserve district , open land, or open space
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| does not create an artificial barrier if the property sought
to | 11 |
| be annexed is bounded on at least 3 sides by (i) one or more | 12 |
| other
municipalities (other than the municipality seeking | 13 |
| annexation through the
existing forest preserve district , open | 14 |
| land, or open space ), (ii) forest preserve district property , | 15 |
| open land, or open space , or
(iii) a combination of other | 16 |
| municipalities and forest preserve district
property , open | 17 |
| land, or open space . It shall also be conclusively presumed | 18 |
| that the forest preserve
district , open land, or open space
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| does not create an artificial barrier if the municipality | 20 |
| seeking
annexation is not the closest municipality to the | 21 |
| property to be annexed.
The territory included
within such | 22 |
| forest preserve district , open land, or open space shall not be | 23 |
| annexed to the municipality
nor shall the territory of the | 24 |
| forest preserve district , open land, or open space be subject | 25 |
| to
rights-of-way for access or services between the parts of | 26 |
| the municipality
separated by the forest preserve district , | 27 |
| open land, or open space without the consent of the governing
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| body of the forest preserve district.
The changes made to this | 29 |
| Section by this amendatory Act of 91st General
Assembly are
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| declaratory of existing law and shall not be construed as a new | 31 |
| enactment.
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| In counties that are contiguous to the Mississippi River | 33 |
| with populations
of more than 200,000 but less than 255,000, a | 34 |
| municipality that is partially
located in territory that is |
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| wholly surrounded by the Mississippi River and a
canal, | 2 |
| connected at both ends to the Mississippi River and located on | 3 |
| property
owned by the United States of America, may annex | 4 |
| noncontiguous territory in the
surrounded territory under | 5 |
| Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 6 |
| from the municipality by property owned by the United States of
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| America, but that federal property shall not be annexed without | 8 |
| the consent of
the federal government.
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| 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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| 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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| 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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| 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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| 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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| 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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| Failure to give notice to the required election authorities | 18 |
| or
post office branches will not invalidate the annexation or
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| 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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| 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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| 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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| of contiguous territory.
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| When territory is proposed to be annexed
by court order | 3 |
| under this Article, the corporate
authorities or petitioners
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| 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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| 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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| record, then the payor shall notify the owner of record of the | 11 |
| proposed
annexation.
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| (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)".
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