98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1535

 

Introduced 2/13/2013, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/7-1-13  from Ch. 24, par. 7-1-13

    Amends the Illinois Municipal Code. Provides that a municipality may not annex territory owned by a public water district except as provided by a Division of the Illinois Municipal Code regarding municipality relationship to public water districts. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing 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
9acres or less, is wholly bounded by (a) one or more
10municipalities, (b) one or more municipalities and a creek in a
11county with a population of 400,000 or more, or one or more
12municipalities and a river or lake in any county, (c) one or
13more municipalities and the Illinois State boundary, (d) except
14as provided in item (h) of this subsection (a), one or more
15municipalities and property owned by the State of Illinois,
16except highway right-of-way owned in fee by the State, (e) one
17or more municipalities and a forest preserve district or park
18district, (f) if the territory is a triangular parcel of less
19than 10 acres, one or more municipalities and an interstate
20highway owned in fee by the State and bounded by a frontage
21road, (g) one or more municipalities in a county with a
22population of more than 800,000 inhabitants and less than
232,000,000 inhabitants and either a railroad or operating

 

 

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1property, as defined in the Property Tax Code (35 ILCS
2200/11-70), being immediately adjacent to, but exclusive of
3that railroad property, (h) one or more municipalities located
4within a county with a population of more than 800,000
5inhabitants and less than 2,000,000 inhabitants and property
6owned by the State, including without limitation a highway
7right-of-way owned in fee by the State, or (i) one or more
8municipalities and property on which a federally funded
9research facility in excess of 2,000 acres is located, that
10territory may be annexed by any municipality by which it is
11bounded in whole or in part, by the passage of an ordinance to
12that effect after notice is given as provided in subsection (b)
13of this Section. Land or property that is used for agricultural
14purposes or to produce agricultural goods shall not be annexed
15pursuant to item (g). Nothing in this Section shall subject any
16railroad property to the zoning or jurisdiction of any
17municipality annexing the property under this Section. The
18ordinance shall describe the territory annexed and a copy
19thereof together with an accurate map of the annexed territory
20shall be recorded in the office of the recorder of the county
21wherein the annexed territory is situated and a document of
22annexation shall be filed with the county clerk and County
23Election Authority. Nothing in this Section shall be construed
24as permitting a municipality to annex territory of a forest
25preserve district in a county with a population of 3,000,000 or
26more without obtaining the consent of the district pursuant to

 

 

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1Section 8.3 of the Cook County Forest Preserve District Act nor
2shall anything in this Section be construed as permitting a
3municipality to annex territory owned by a park district
4without obtaining the consent of the district pursuant to
5Section 8-1.1 of the Park District Code. Nothing in this
6Section shall be construed as permitting a municipality to
7annex territory owned by a public water district organized
8under "An Act in relation to public water districts", approved
9July 25, 1945, as amended, except as provided by Section
1011-151-4 of the Illinois Municipal Code.
11    (b) The corporate authorities shall cause notice, stating
12that annexation of the territory described in the notice is
13contemplated under this Section, to be published once, in a
14newspaper of general circulation within the territory to be
15annexed, not less than 10 days before the passage of the
16annexation ordinance, and for land annexed pursuant to item (g)
17of subsection (a) of this Section, notice shall be given to the
18impacted land owners. The corporate authorities shall also, not
19less than 15 days before the passage of the annexation
20ordinance, serve written notice, either in person or, at a
21minimum, by certified mail, on the taxpayer of record of the
22proposed annexed territory as appears from the authentic tax
23records of the county. When the territory to be annexed lies
24wholly or partially within a township other than the township
25where the municipality is situated, the annexing municipality
26shall give at least 10 days prior written notice of the time

 

 

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1and place of the passage of the annexation ordinance to the
2township supervisor of the township where the territory to be
3annexed lies. If the territory to be annexed lies within the
4unincorporated area of a county, then the annexing municipality
5shall give at least 10 days' prior written notice of the time
6and place of the passage of the annexation ordinance to the
7corporate authorities of the county where the territory to be
8annexed lies.
9    (c) When notice is given as described in subsection (b) of
10this Section, no other municipality may annex the proposed
11territory for a period of 60 days from the date the notice is
12mailed or delivered to the taxpayer of record unless that other
13municipality has initiated annexation proceedings or a valid
14petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
15of this Code has been received by the municipality prior to the
16publication and mailing of the notices required in subsection
17(b).
18(Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10;
1996-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff.
208-19-11.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.