Full Text of HB5885 099th General Assembly
HB5885 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5885 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: |
| 60 ILCS 1/10-25 | | 65 ILCS 5/7-1-1 | from Ch. 24, par. 7-1-1 |
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Amends the Township Code. Removes a provision preventing townships redrawn by county board auction from being more than 126 square miles. Amends the Illinois Municipal Code. Provides that municipalities may annex territory connected only by water or a waterway.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB5885 | | LRB099 20492 AWJ 45014 b |
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| 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 Township Code is amended by changing Section | 5 | | 10-25 as follows:
| 6 | | (60 ILCS 1/10-25)
| 7 | | Sec. 10-25. Plan for changes in townships.
| 8 | | (a) The county board of each county may, subject to a | 9 | | referendum in the
townships affected as provided in this | 10 | | Section, adopt a plan for altering the
boundaries of townships, | 11 | | changing township lines, dividing, enlarging, or
consolidating | 12 | | townships, or creating new townships, so that each township | 13 | | shall
possess an equalized assessed valuation of not less than | 14 | | $10,000,000 as of the
1982 assessment year or an area of not | 15 | | more than 126 square miles .
| 16 | | (b) No alteration or change in boundaries shall be | 17 | | effective unless
approved by a referendum in each township | 18 | | affected. The election authority
shall submit to the voters of | 19 | | each township affected, at a regular
election to be held not | 20 | | less than 60 days after the plan is adopted,
the question of | 21 | | approving the alteration or change. The alterations or changes,
| 22 | | if approved by the voters, shall take effect on the date of the | 23 | | next township
election and shall be applicable to that |
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| 1 | | election. If there is doubt as to the
township clerk with whom | 2 | | nomination papers for that election should be filed,
the county | 3 | | board shall designate the clerk. In the alteration of | 4 | | boundaries, a
county board may not disturb urban or coterminous | 5 | | townships in existence on
October 1, 1978.
| 6 | | (Source: P.A. 84-1308; 88-62.)
| 7 | | Section 10. The Illinois Municipal Code is amended by | 8 | | changing Section 7-1-1 as follows:
| 9 | | (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
| 10 | | Sec. 7-1-1. Annexation of contiguous territory. Any | 11 | | territory that is not within the corporate limits of any | 12 | | municipality but
is contiguous to a municipality may be annexed | 13 | | to the municipality as provided
in this Article. For the | 14 | | purposes of this Article any territory to be annexed
to a | 15 | | municipality shall be considered to be contiguous to the | 16 | | municipality
notwithstanding that the territory is separated | 17 | | from the municipality by a lake, river, or other waterway; the | 18 | | territory is separated from the municipality by a
strip parcel, | 19 | | railroad , or public utility right-of-way ; , or former railroad | 20 | | right-of-way that has been converted to a recreational trail, | 21 | | but upon annexation the area included
within that strip parcel, | 22 | | right-of-way, or former right-of-way shall not be considered to | 23 | | be annexed to the
municipality. For purposes of this Section, | 24 | | "strip parcel" means a separation no wider than 30 feet between |
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| 1 | | the territory to be annexed and the municipal boundary.
| 2 | | Except in counties with a population of more than
600,000
| 3 | | but
less than 3,000,000, territory which is not contiguous to a | 4 | | municipality but is
separated therefrom only by a forest | 5 | | preserve district, federal wildlife refuge, open land or open | 6 | | space that is part of an open space program, as defined in | 7 | | Section 115-5 of the Township Code, or conservation area, may | 8 | | be annexed to the
municipality pursuant to Section 7-1-7 or | 9 | | 7-1-8, but
only if the annexing municipality can show that the | 10 | | forest preserve district, federal wildlife refuge, open land, | 11 | | open space, or conservation area
creates an artificial barrier | 12 | | preventing the annexation and that the location
of the forest | 13 | | preserve district, federal wildlife refuge, open land, open | 14 | | space, or conservation area property prevents the orderly | 15 | | natural growth of
the annexing municipality. Except for parcels | 16 | | of land less than one acre in size, it shall be conclusively | 17 | | presumed that the forest
preserve district, federal wildlife | 18 | | refuge, open land, open space, or conservation area does not | 19 | | create an artificial barrier if the property sought
to be | 20 | | annexed is bounded on at least 3 sides by (i) one or more other
| 21 | | municipalities (other than the municipality seeking annexation | 22 | | through the
existing forest preserve district, federal | 23 | | wildlife refuge, open land, open space, or conservation area), | 24 | | (ii) forest preserve district property, federal wildlife | 25 | | refuge, open land, open space, or conservation area, or
(iii) a | 26 | | combination of other municipalities and forest preserve |
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| 1 | | district
property, federal wildlife refuge property, open | 2 | | land, open space, or conservation area. Except of parcels of | 3 | | land less than one acre in size, it shall also be conclusively | 4 | | presumed that the forest preserve
district, federal wildlife | 5 | | refuge, open land, open space, or conservation area
does not | 6 | | create an artificial barrier if the municipality seeking
| 7 | | annexation is not the closest municipality within the county to | 8 | | the property to be annexed.
The territory included
within such | 9 | | forest preserve district, federal wildlife refuge,
open land, | 10 | | open space, or conservation area shall not be annexed to the | 11 | | municipality
nor shall the territory of the forest preserve | 12 | | district, federal wildlife refuge, open land, open space, or | 13 | | conservation area be subject to
rights-of-way for access or | 14 | | services between the parts of the municipality
separated by the | 15 | | forest preserve district, federal wildlife refuge, open land, | 16 | | open space, or conservation area without the consent of the | 17 | | governing
body of the forest preserve district or federal | 18 | | wildlife refuge. Parcels of land less than one acre in size may | 19 | | be annexed to the municipality pursuant to Section 7-1-7 or | 20 | | 7-1-8 if it would be contiguous to the municipality but for the | 21 | | separation therefrom by a forest preserve district, federal | 22 | | wildlife refuge, open land or open space that is part of an | 23 | | open space program, as defined in Section 115-5 of the Township | 24 | | Code, or conservation area.
The changes made to this Section by | 25 | | Public Act 91-824 are
declaratory of existing law and shall not | 26 | | be construed as a new enactment.
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| 1 | | For the purpose of this Section, "conservation area" means | 2 | | an area dedicated to conservation and owned by a not-for-profit | 3 | | organized under Section 501(c)(3) of the Internal Revenue Code | 4 | | of 1986, or any area owned by a conservation district. | 5 | | In counties that are contiguous to the Mississippi River | 6 | | with populations
of more than 200,000 but less than 255,000, a | 7 | | municipality that is partially
located in territory that is | 8 | | wholly surrounded by the Mississippi River and a
canal, | 9 | | connected at both ends to the Mississippi River and located on | 10 | | property
owned by the United States of America, may annex | 11 | | noncontiguous territory in the
surrounded territory under | 12 | | Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 13 | | from the municipality by property owned by the United States of
| 14 | | America, but that federal property shall not be annexed without | 15 | | the consent of
the federal government.
| 16 | | For the purposes of this Article, any territory to be | 17 | | annexed to a municipality that is located in a county with more | 18 | | than 500,000 inhabitants shall be considered to be contiguous | 19 | | to the municipality if only a river and a national heritage | 20 | | corridor separate the territory from the municipality. Upon | 21 | | annexation, no river or national heritage corridor shall be | 22 | | considered annexed to the municipality.
| 23 | | When any land proposed to be annexed is part of any Fire | 24 | | Protection
District or of any Public Library District and the | 25 | | annexing
municipality provides fire protection or a public | 26 | | library, as the case
may be, the Trustees of each District |
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| 1 | | shall be notified in writing by
certified or registered mail | 2 | | before any court hearing or other action is
taken for | 3 | | annexation. The notice shall be served 10 days in advance.
An | 4 | | affidavit that service of notice has been had as provided by | 5 | | this
Section must be filed with the clerk of the court in which | 6 | | the
annexation proceedings are pending or will be instituted | 7 | | or, when no
court proceedings are involved, with the recorder | 8 | | for the
county where the land is situated. No annexation of | 9 | | that land is
effective unless service is had and the affidavit | 10 | | filed as provided in
this Section.
| 11 | | The new boundary shall extend to the far side of any | 12 | | adjacent highway
and shall include all of every highway within | 13 | | the area annexed. These
highways shall be considered to be | 14 | | annexed even though not included in
the legal description set | 15 | | forth in the petition for annexation. When
any land proposed to | 16 | | be annexed includes any highway under the
jurisdiction of any | 17 | | township, the Township Commissioner of Highways,
the Board of | 18 | | Town Trustees, the Township Supervisor, and the Township Clerk | 19 | | shall be notified in writing by certified or
registered mail | 20 | | before any court hearing or other action is taken for
| 21 | | annexation. In the event that a municipality fails to notify | 22 | | the Township
Commissioner of Highways, the Board of Town | 23 | | Trustees, the Township Supervisor, and the Township Clerk of | 24 | | the annexation
of an area within the township, the municipality | 25 | | shall reimburse that
township for any loss or liability caused | 26 | | by the failure to give
notice. If any municipality has annexed |
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| 1 | | any area before October 1,
1975, and the legal description in | 2 | | the petition for annexation did not
include the entire adjacent | 3 | | highway, any such annexation shall be valid and any
highway | 4 | | adjacent to the area annexed shall be considered to be annexed
| 5 | | notwithstanding the failure of the petition to annex to include | 6 | | the
description of the entire adjacent highway.
| 7 | | Any annexation, disconnection and annexation, or | 8 | | disconnection under
this Article of any territory must be | 9 | | reported by certified or
registered mail by the corporate | 10 | | authority initiating the action to the
election authorities | 11 | | having jurisdiction in the territory and the post
office | 12 | | branches serving the territory within 30 days of the | 13 | | annexation,
disconnection and annexation, or disconnection.
| 14 | | Failure to give notice to the required election authorities | 15 | | or
post office branches will not invalidate the annexation or
| 16 | | disconnection. For purposes of this Section "election | 17 | | authorities"
means the county clerk where the clerk acts as the | 18 | | clerk of elections
or the clerk of the election commission | 19 | | having jurisdiction.
| 20 | | No annexation, disconnection and annexation, or | 21 | | disconnection under
this Article of territory having electors | 22 | | residing therein made (1)
before any primary election to be | 23 | | held within the municipality
affected thereby and after the | 24 | | time for filing petitions as a candidate
for nomination to any | 25 | | office to be chosen at the primary election or (2) within
60 | 26 | | days before any general election to be held within the |
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| 1 | | municipality shall be
effective until the day after the date of | 2 | | the primary or general election, as
the case may be.
| 3 | | For the purpose of this Section, a toll highway or | 4 | | connection between
parcels via an overpass bridge over a toll | 5 | | highway shall not be
considered a deterrent to the definition | 6 | | of contiguous territory.
| 7 | | When territory is proposed to be annexed
by court order | 8 | | under this Article, the corporate
authorities or petitioners
| 9 | | initiating the action shall notify each person who pays real | 10 | | estate taxes on
property within that territory unless the | 11 | | person is a petitioner. The notice
shall be served
by certified
| 12 | | or registered mail, return receipt requested, at least 20 days | 13 | | before a court
hearing or other court action.
If the person
who | 14 | | pays real estate taxes on the property is not the owner of
| 15 | | record, then the payor shall notify the owner of record of the | 16 | | proposed
annexation.
| 17 | | (Source: P.A. 99-63, eff. 1-1-16 .)
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