Illinois General Assembly - Full Text of HB2782
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Full Text of HB2782  95th General Assembly

HB2782 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2782

 

Introduced 2/26/2007, by Rep. Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
75 ILCS 16/15-10
75 ILCS 16/15-15

    Amends the Public Library District Act of 1991. Provides that, prior to adopting an ordinance indicating the district's intention to annex uninhabited private property or certain territory within a municipality or school district, the district shall send notice to the president of the board of trustees of each public library located within one mile of the territory to be annexed. Provides that the district may also provide notice of the proposed annexation on the district's website. Provides for public comments on the proposed annexation.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2782 LRB095 11407 HLH 32210 b

1     AN ACT concerning libraries.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     "Section 5. The Public Library District Act of 1991 is
5 amended by changing Sections 15-10 and 15-15 as follows:
 
6     (75 ILCS 16/15-10)
7     Sec. 15-10. Uninhabited private property within
8 municipality.
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.
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.
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, a copy of the map showing the
14 boundaries of the territory to be annexed, and a copy of the
15 text of the publication notice required in this Section to the
16 president of the board of trustees of each public library
17 located within one mile of the territory to be annexed. Upon a
18 60 day written notice of the ordinance to each of the owners of
19 record of the territory to be annexed and a written receipt of
20 the notice from each such owner, the trustees shall by
21 ordinance annex the described territory. No referendum need be
22 held.
23     (d) If an objection to the inclusion in the proposed
24 annexation is filed by an owner of record or a written receipt
25 of notice is not returned by an owner of record in the 60 day
26 period, the property of that owner of record will be excluded

 

 

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1 from the annexation.
2     (e) In no case, however, may territory not contiguous to
3 the district or to territory being annexed to the district be
4 annexed.
5 (Source: P.A. 87-1277.)
 
6     (75 ILCS 16/15-15)
7     Sec. 15-15. Territory included within municipality or
8 school district.
9     (a) A district may, by ordinance, annex territory if that
10 territory is:
11         (1) located within the boundaries of a municipality or
12     school district that is included, entirely or partially,
13     within the district;
14         (2) contiguous to the district; and
15         (3) without local, tax-supported public library
16     service.
17 An ordinance under this subsection must describe the territory
18 to be annexed. Prior to adopting the ordinance, the board of
19 trustees of the library district shall send notice of the
20 proposed ordinance to the president of the board of trustees of
21 each public library located within one mile of the territory to
22 be annexed. The library district may, in addition, provide
23 notice of a proposed annexation ordinance on a website
24 maintained by the library district. At any meeting of the board
25 of trustees in which an annexation ordinance under this Section

 

 

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1 is considered, the board shall provide a reasonable opportunity
2 for any interested person to make public comments on the
3 proposed annexation ordinance.
4     (b) Within 15 days of the passage of the annexation
5 ordinance, the library district shall send notice of the
6 adoption of the ordinance, a copy of the map showing the
7 boundaries of the territory to be annexed, and a copy of the
8 text of the publication notice required in this Section to the
9 president of the board of trustees of each public library with
10 territory within one mile of the territory to be annexed.
11 Within 15 days after the adoption of the ordinance it shall be
12 published as provided in Section 1-30. The board may vacate an
13 annexation ordinance before its publication.
14     (c) The publication or posting of the ordinance shall
15 include a notice of (i) the specific number of voters required
16 to sign a petition requesting that the question of the adoption
17 of the ordinance be submitted to the voters of the district or
18 the territory to be annexed or both, (ii) the time in which the
19 petition must be filed, and (iii) the date of the prospective
20 referendum. The district secretary shall provide a petition
21 form to any individual requesting one.
22     (d) If no petition is filed with the library district
23 within 30 days after publication or posting of the ordinance,
24 the annexation shall take effect. If, however, within the 30
25 day period, a petition is filed with the Board of Trustees of
26 the library district, signed by voters of the district or the

 

 

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1 territory to be annexed, or both, equal in number to 10% or
2 more of the total number of registered voters in the district,
3 the territory to be annexed or both, asking that the question
4 of the annexation of the territory be submitted to the voters
5 of the territory, the board of trustees may vacate the
6 annexation ordinance or certify the question to the proper
7 election authority, who shall submit the question at the next
8 regular election. Notice of this election shall be given and
9 the election shall be conducted in accordance with the Election
10 Code. The proposition shall be submitted to the voters in
11 substantially the following form:
12         Shall (description of territory) be annexed to (name of
13     public library district), (location), Illinois?
14     (e) If a majority of votes cast upon the proposition in the
15 district, and also a majority of votes cast upon the
16 proposition in the territory to be annexed, are in favor of the
17 proposition, the Board of Trustees of the library district may
18 conclude the annexation of the territory.
19     (f) If, before the effective date of this amendatory Act of
20 the 94th General Assembly, a district has annexed territory
21 under this Section and that annexation complies with the
22 requirements set forth in this Section, as changed by this
23 amendatory Act of the 94th General Assembly, then, for all
24 purposes, that annexation is hereby validated, ratified, and
25 declared to be in full force and effect from: (i) 30 days after
26 publication or posting of the ordinance if no petition was

 

 

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1 filed with the library district under subsection (d); or (ii)
2 if a petition was filed, on the date that the district
3 concluded the annexation of the territory under subsection (e).
4 (Source: P.A. 94-899, eff. 6-22-06.)".