Full Text of SB2356 95th General Assembly
SB2356sam001 95TH GENERAL ASSEMBLY
|
Sen. M. Maggie Crotty
Filed: 4/1/2008
|
|
09500SB2356sam001 |
|
LRB095 17406 RLJ 48517 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2356
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2356 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 7-1-13 as follows:
| 6 |
| (65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
| 7 |
| Sec. 7-1-13. Annexation. | 8 |
| (a) Whenever any unincorporated territory containing 60
| 9 |
| acres or less, is wholly bounded by (a) one or more | 10 |
| municipalities, (b)
one or more municipalities and a creek in a | 11 |
| county with a population of
400,000 or more, or one or more | 12 |
| municipalities and a river or lake in any
county, (c) one or | 13 |
| more municipalities and the Illinois State
boundary, (d) one or | 14 |
| more municipalities and property owned by the
State of | 15 |
| Illinois, except highway right-of-way owned in fee by the | 16 |
| State,
(e) one or more municipalities and a forest preserve |
|
|
|
09500SB2356sam001 |
- 2 - |
LRB095 17406 RLJ 48517 a |
|
| 1 |
| district or park district, or
(f) if the territory is a | 2 |
| triangular parcel of less than 10 acres, one or
more | 3 |
| municipalities and an interstate highway owned in fee by the | 4 |
| State and
bounded by a frontage road, (g) one or more | 5 |
| municipalities in a county with a population of more than | 6 |
| 800,000 inhabitants and less than 2,000,000 inhabitants and | 7 |
| either a railroad or operating property, as defined in the | 8 |
| Property Tax Code (35 ILCS 200/11-70), being immediately | 9 |
| adjacent to, but exclusive of that railroad property, or (h) | 10 |
| one or more municipalities and property on which a federally | 11 |
| funded research facility is located, that territory may be | 12 |
| annexed
by any municipality by which it is bounded in whole or | 13 |
| in part,
by the passage of an ordinance to that effect after | 14 |
| notice is given as
provided in subsection (b) of this Section. | 15 |
| Land or property that is used for agricultural purposes or to | 16 |
| produce agricultural goods shall not be annexed pursuant to | 17 |
| item (g). Nothing in this Section shall subject any railroad | 18 |
| property to the zoning or jurisdiction of any municipality | 19 |
| annexing the property under this Section. The corporate | 20 |
| authorities shall cause notice,
stating that annexation of the | 21 |
| territory described in the notice is
contemplated under this | 22 |
| Section, to be published once, in a newspaper of
general | 23 |
| circulation within the territory to be annexed, not less than | 24 |
| 10
days before the passage of the annexation ordinance. When | 25 |
| the
territory to be annexed lies wholly or partially within a | 26 |
| township other
than that township where the municipality is |
|
|
|
09500SB2356sam001 |
- 3 - |
LRB095 17406 RLJ 48517 a |
|
| 1 |
| situated, the annexing
municipality shall give at least 10 days | 2 |
| prior written notice of the time
and place of the passage of | 3 |
| the annexation ordinance to the township
supervisor of the | 4 |
| township where the territory to be annexed lies. The
ordinance | 5 |
| shall describe the territory annexed and a copy thereof | 6 |
| together
with an accurate map of the annexed territory shall be | 7 |
| recorded in the
office of the recorder of the county wherein | 8 |
| the annexed territory is
situated and a document of annexation | 9 |
| shall be filed with the county clerk
and County Election | 10 |
| Authority. Nothing in this Section shall be construed
as | 11 |
| permitting a municipality to annex territory of a forest | 12 |
| preserve
district in a county with a population of 3,000,000 or | 13 |
| more without
obtaining the consent of the district pursuant to | 14 |
| Section 8.3 of the
Cook County Forest Preserve District Act nor | 15 |
| shall anything in this Section be construed as permitting a | 16 |
| municipality to annex territory owned by a park district | 17 |
| without obtaining the consent of the district pursuant to | 18 |
| Section 8-1.1 of the Park District Code.
| 19 |
| (b) The corporate authorities shall cause notice, stating | 20 |
| that annexation of the territory described in the notice is | 21 |
| contemplated under this Section, to be published once, in a | 22 |
| newspaper of general circulation within the territory to be | 23 |
| annexed, not less than 10 days before the passage of the | 24 |
| annexation ordinance. The corporate authorities shall also, | 25 |
| not less than 15 days before the passage of the annexation | 26 |
| ordinance, serve written notice, either in person or, at a |
|
|
|
09500SB2356sam001 |
- 4 - |
LRB095 17406 RLJ 48517 a |
|
| 1 |
| minimum, by certified mail, on the taxpayer of record of the | 2 |
| proposed annexed territory as appears from the authentic tax | 3 |
| records of the county. When the territory to be annexed lies | 4 |
| wholly or partially within a township other than the township | 5 |
| where the municipality is situated, the annexing municipality | 6 |
| shall give at least 10 days prior written notice of the time
| 7 |
| and place of the passage of the annexation ordinance to the | 8 |
| township
supervisor of the township where the territory to be | 9 |
| annexed lies. | 10 |
| (c) When notice is given as described in subsection (b) of | 11 |
| this Section, no other municipality may annex the proposed | 12 |
| territory for a period of 60 days from the date the notice is | 13 |
| mailed or delivered to the taxpayer of record unless that other | 14 |
| municipality has initiated annexation proceedings or a valid | 15 |
| petition as described in Section 7-1-2, 7-1-8, 7-1-11, or | 16 |
| 7-1-12 of this Code has been received by the municipality prior | 17 |
| to the publication and mailing of the notices required in | 18 |
| subsection (b). | 19 |
| (Source: P.A. 94-396, eff. 8-1-05.)
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
|
|