Full Text of HB5186 95th General Assembly
HB5186 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5186
Introduced , by Rep. Mike Fortner SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/7-1-13 |
from Ch. 24, par. 7-1-13 |
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Amends the Illinois Municipal Code. Provides that any unincorporated territory containing 60 acres or less may be annexed by any municipality by which it is bounded if it is wholly bounded by one or more municipalities in a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and a railroad or operating property, as defined in the Property Tax Code, being immediately adjacent to, but exclusive of the property. Provides that railroad property shall not be subject to the zoning or jurisdiction of the municipality annexing the territory, nor shall the utility property be included for purposes of calculating the territory annexed. Provides that lands used for agricultural purposes or to produce agricultural goods may not be annexed under certain provisions of the Section. Effective immediately.
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A BILL FOR
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HB5186 |
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LRB095 17405 HLH 43477 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 7-1-13 as follows:
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| (65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
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| Sec. 7-1-13. Whenever any unincorporated territory | 8 |
| containing 60
acres or less, is wholly bounded by (a) one or | 9 |
| more municipalities, (b)
one or more municipalities and a creek | 10 |
| in a county with a population of
400,000 or more, or one or | 11 |
| more municipalities and a river or lake in any
county, (c) one | 12 |
| or more municipalities and the Illinois State
boundary, (d) one | 13 |
| or more municipalities and property owned by the
State of | 14 |
| Illinois, except highway right-of-way owned in fee by the | 15 |
| State,
(e) one or more municipalities and a forest preserve | 16 |
| district or park district, or
(f) if the territory is a | 17 |
| triangular parcel of less than 10 acres, one or
more | 18 |
| municipalities and an interstate highway owned in fee by the | 19 |
| State and
bounded by a frontage road, or (g) one or more | 20 |
| municipalities in a county with a population of more than | 21 |
| 800,000 inhabitants and less than 2,000,000 inhabitants and | 22 |
| either a railroad or operating property, as defined in the | 23 |
| Property Tax Code (35 ILCS 200/11-70), being immediately |
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HB5186 |
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LRB095 17405 HLH 43477 b |
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| adjacent to, but exclusive of that railroad property, that | 2 |
| territory may be annexed
by any municipality by which it is | 3 |
| bounded in whole or in part,
by the passage of an ordinance to | 4 |
| that effect after notice is given as
provided in this Section. | 5 |
| Land or property that is used for agricultural purposes or to | 6 |
| produce agricultural goods shall not be annexed pursuant to | 7 |
| item (g). Nothing in this Section shall subject any railroad | 8 |
| property to the zoning or jurisdiction of any municipality | 9 |
| annexing the property under this Section. The corporate | 10 |
| authorities shall cause notice,
stating that annexation of the | 11 |
| territory described in the notice is
contemplated under this | 12 |
| Section, to be published once, in a newspaper of
general | 13 |
| circulation within the territory to be annexed, not less than | 14 |
| 10
days before the passage of the annexation ordinance , and for | 15 |
| land annexed pursuant to item (g), notice shall be given to the | 16 |
| impacted land owners . When the
territory to be annexed lies | 17 |
| wholly or partially within a township other
than that township | 18 |
| where the municipality is situated, the annexing
municipality | 19 |
| shall give at least 10 days prior written notice of the time
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| and place of the passage of the annexation ordinance to the | 21 |
| township
supervisor of the township where the territory to be | 22 |
| annexed lies. The
ordinance shall describe the territory | 23 |
| annexed and a copy thereof together
with an accurate map of the | 24 |
| annexed territory shall be recorded in the
office of the | 25 |
| recorder of the county wherein the annexed territory is
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| situated and a document of annexation shall be filed with the |
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HB5186 |
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LRB095 17405 HLH 43477 b |
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| county clerk
and County Election Authority. Nothing in this | 2 |
| Section shall be construed
as permitting a municipality to | 3 |
| annex territory of a forest preserve
district in a county with | 4 |
| a population of 3,000,000 or more without
obtaining the consent | 5 |
| of the district pursuant to Section 8.3 of the
Cook County | 6 |
| Forest Preserve District Act nor shall anything in this Section | 7 |
| be construed as permitting a municipality to annex territory | 8 |
| owned by a park district without obtaining the consent of the | 9 |
| district pursuant to Section 8-1.1 of the Park District Code.
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| (Source: P.A. 94-396, eff. 8-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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