| ||||
| Public Act 096-1049 | ||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 7-1-13 as follows:
| ||||
(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
| ||||
Sec. 7-1-13. Annexation. | ||||
(a) Whenever any unincorporated territory containing 60
| ||||
acres or less, is wholly bounded by (a) one or more | ||||
municipalities, (b)
one or more municipalities and a creek in a | ||||
county with a population of
400,000 or more, or one or more | ||||
municipalities and a river or lake in any
county, (c) one or | ||||
more municipalities and the Illinois State
boundary, (d) one or | ||||
more municipalities and property owned by the
State of | ||||
Illinois, except highway right-of-way owned in fee by the | ||||
State,
(e) one or more municipalities and a forest preserve | ||||
district or park district,
(f) if the territory is a triangular | ||||
parcel of less than 10 acres, one or
more municipalities and an | ||||
interstate highway owned in fee by the State and
bounded by a | ||||
frontage road, or (g) one or more municipalities in a county | ||||
with a population of more than 800,000 inhabitants and less | ||||
than 2,000,000 inhabitants and either a railroad or operating | ||||
property, as defined in the Property Tax Code (35 ILCS | ||||
200/11-70), being immediately adjacent to, but exclusive of | ||
that railroad property, that territory may be annexed
by any | ||
municipality by which it is bounded in whole or in part,
by the | ||
passage of an ordinance to that effect after notice is given as
| ||
provided in subsection (b) of this Section. Land or property | ||
that is used for agricultural purposes or to produce | ||
agricultural goods shall not be annexed pursuant to item (g). | ||
Nothing in this Section shall subject any railroad property to | ||
the zoning or jurisdiction of any municipality annexing the | ||
property under this Section. , and for land annexed pursuant to | ||
item (g), notice shall be given to the impacted land owners The
| ||
ordinance shall describe the territory annexed and a copy | ||
thereof together
with an accurate map of the annexed territory | ||
shall be recorded in the
office of the recorder of the county | ||
wherein the annexed territory is
situated and a document of | ||
annexation shall be filed with the county clerk
and County | ||
Election Authority. Nothing in this Section shall be construed
| ||
as permitting a municipality to annex territory of a forest | ||
preserve
district in a county with a population of 3,000,000 or | ||
more without
obtaining the consent of the district pursuant to | ||
Section 8.3 of the
Cook County Forest Preserve District Act nor | ||
shall anything in this Section be construed as permitting a | ||
municipality to annex territory owned by a park district | ||
without obtaining the consent of the district pursuant to | ||
Section 8-1.1 of the Park District Code.
| ||
(b) The corporate authorities shall cause notice, stating | ||
that annexation of the territory described in the notice is | ||
contemplated under this Section, to be published once, in a | ||
newspaper of general circulation within the territory to be | ||
annexed, not less than 10 days before the passage of the | ||
annexation ordinance, and for land annexed pursuant to item (g) | ||
of subsection (a) of this Section, notice shall be given to the | ||
impacted land owners. The corporate authorities shall also, not | ||
less than 15 days before the passage of the annexation | ||
ordinance, serve written notice, either in person or, at a | ||
minimum, by certified mail, on the taxpayer of record of the | ||
proposed annexed territory as appears from the authentic tax | ||
records of the county. When the territory to be annexed lies | ||
wholly or partially within a township other than the township | ||
where the municipality is situated, the annexing municipality | ||
shall give at least 10 days prior written notice of the time
| ||
and place of the passage of the annexation ordinance to the | ||
township
supervisor of the township where the territory to be | ||
annexed lies. If the territory to be annexed lies within the | ||
unincorporated area of a county, then the annexing municipality | ||
shall give at least 10 days' prior written notice of the time
| ||
and place of the passage of the annexation ordinance to the | ||
corporate authorities of the county where the territory to be | ||
annexed lies. | ||
(c) When notice is given as described in subsection (b) of | ||
this Section, no other municipality may annex the proposed | ||
territory for a period of 60 days from the date the notice is | ||
mailed or delivered to the taxpayer of record unless that other | ||
municipality has initiated annexation proceedings or a valid | ||
petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | ||
of this Code has been received by the municipality prior to the | ||
publication and mailing of the notices required in subsection | ||
(b). | ||
(Source: P.A. 94-396, eff. 8-1-05; 95-931, eff. 1-1-09; | ||
95-1039, eff. 3-25-09; revised 4-9-09.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||