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Public Act 095-0161
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| HB2782 Enrolled |
LRB095 11407 HLH 32210 b |
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AN ACT concerning libraries.
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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 Public Library District Act of 1991 is |
amended by changing Sections 15-10 and 15-15 as follows:
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(75 ILCS 16/15-10)
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Sec. 15-10. Uninhabited private property within |
municipality.
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(a) Territory within the boundaries of a municipality that |
has no
voters residing in it and that consists in whole or in |
part of private
property may be annexed to the district as |
provided in this Section.
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(b) A written petition describing the territory and signed |
by the owners
of record of all land within the territory may be |
filed with the Board
of Trustees of the library district. The |
petition, made under oath, shall
request annexation and state |
that no voters reside within the territory. The
trustees shall |
then, by ordinance, annex the described territory. No |
referendum
need be held.
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(c) The board of trustees of the library district may adopt |
an ordinance
indicating the district's intention to annex the |
territory. Prior to adopting this ordinance, the board of |
trustees of the library district shall send notice of the |
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proposed ordinance to the president of the board of trustees of |
each public library located within one mile of the territory to |
be annexed. The library district may, in addition, provide |
notice of a proposed annexation ordinance on a website |
maintained by the library district. At any meeting of the board |
of trustees in which an annexation order under this Section is |
considered, the board shall provide a reasonable opportunity |
for any interested person to make public comments on the |
proposed annexation ordinance. The ordinance shall
contain a |
description of the territory and a statement that no voters |
reside in
the territory. Within 15 days of the passage of the |
annexation ordinance, the library district shall send notice of |
the adoption of the ordinance and a copy of the map showing the |
boundaries of the territory to be annexed to the president of |
the board of trustees of each public library located within one |
mile of the territory to be annexed. Upon a 60 day written |
notice of the ordinance to each of the
owners of record of the |
territory to be annexed and a written receipt of the
notice |
from each such owner, the trustees shall by ordinance annex the
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described territory. No referendum need be held.
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(d) If an objection to the inclusion in the proposed |
annexation is filed by
an owner of record or a written receipt |
of notice is not returned by an owner
of record in the 60 day |
period, the property of that owner of record will be
excluded |
from the annexation.
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(e) In no case, however, may territory not contiguous to
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the district or to territory being annexed to the district be |
annexed.
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(Source: P.A. 87-1277.)
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(75 ILCS 16/15-15)
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Sec. 15-15. Territory included within municipality or |
school district.
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(a) A district may, by ordinance, annex territory if that |
territory is: |
(1) located within the boundaries of a municipality or |
school district that is included, entirely or partially, |
within the district; |
(2) contiguous to the district; and |
(3) without local, tax-supported public library |
service.
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An ordinance under this subsection must describe the territory |
to be annexed.
Prior to adopting the ordinance, the board of |
trustees of the library district shall send notice of the |
proposed ordinance to the president of the board of trustees of |
each public library located within one mile of the territory to |
be annexed. The library district may, in addition, provide |
notice of a proposed annexation ordinance on a website |
maintained by the library district. At any meeting of the board |
of trustees in which an annexation ordinance under this Section |
is considered, the board shall provide a reasonable opportunity |
for any interested person to make public comments on the |
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proposed annexation ordinance.
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(b) Within 15 days of the passage of the
annexation |
ordinance, the library district shall send notice of the
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adoption of the ordinance, a copy of the map showing the |
boundaries of the
territory to be annexed, and a copy of the |
text of the publication notice
required in this Section to the |
president of the board of trustees of each
public library with |
territory within one mile of the territory to be
annexed. |
Within 15 days after the adoption of the ordinance it shall be
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published as provided in Section 1-30. The board may vacate an
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annexation ordinance before its publication.
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(c) The publication or posting of the ordinance shall |
include a notice of
(i) the specific number of voters required |
to sign a petition requesting that
the question of the adoption |
of the ordinance be submitted to the voters of the
district or |
the territory to be annexed or both, (ii) the time in which the
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petition must be filed, and (iii) the date of the prospective |
referendum. The
district secretary shall provide a petition |
form to any individual requesting
one.
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(d) If no petition is filed with the library district |
within 30
days after publication or posting of the ordinance, |
the annexation shall
take effect. If, however, within the 30 |
day period, a petition is filed with
the Board of Trustees of |
the library district, signed by voters of the
district or the |
territory to be annexed, or both, equal in number
to 10% or |
more of the total number of registered voters in the district,
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the territory to be annexed or both, asking that the question |
of the
annexation of the territory be submitted to the voters |
of the territory, the
board of trustees may vacate the |
annexation ordinance or certify the question
to the proper |
election authority, who shall submit the question at the next
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regular election. Notice of this election shall be given and |
the election
shall be conducted in accordance with the Election |
Code. The proposition shall
be submitted to the voters in |
substantially the following form:
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Shall (description of territory) be annexed to (name of |
public library
district), (location), Illinois?
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(e) If a majority of votes cast upon the proposition in the
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district, and also a majority of votes cast upon the |
proposition in the
territory to be annexed, are in favor of the |
proposition, the Board
of Trustees of the library district may |
conclude the annexation of the
territory.
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(f) If, before the effective date of this amendatory Act of |
the 94th General Assembly, a district has annexed territory |
under this Section and that annexation complies with the |
requirements set forth in this Section, as changed by this |
amendatory Act of the 94th General Assembly, then, for all |
purposes, that annexation is hereby validated, ratified, and |
declared to be in full force and effect from: (i) 30
days after |
publication or posting of the ordinance if no petition was |
filed with the library district under subsection (d); or (ii) |
if a petition was filed, on the date that the district |