Full Text of HB5555 96th General Assembly
HB5555ham001 96TH GENERAL ASSEMBLY
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Rep. Mike Fortner
Filed: 3/11/2010
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09600HB5555ham001 |
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LRB096 17998 RLJ 37598 a |
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| AMENDMENT TO HOUSE BILL 5555
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| AMENDMENT NO. ______. Amend House Bill 5555 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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
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| 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, including without limitation a except highway | 16 |
| right-of-way owned in fee by the State,
(e) one or more |
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LRB096 17998 RLJ 37598 a |
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| municipalities and a forest preserve district or park district,
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| (f) if the territory is a triangular parcel of less than 10 | 3 |
| acres, one or
more municipalities and an interstate highway | 4 |
| owned in fee by the State and
bounded by a frontage road, or | 5 |
| (g) one or more municipalities in a county with a population of | 6 |
| more than 800,000 inhabitants and less than 2,000,000 | 7 |
| inhabitants and either a railroad or operating property, as | 8 |
| defined in the Property Tax Code (35 ILCS 200/11-70), being | 9 |
| immediately adjacent to, but exclusive of that railroad | 10 |
| property, that territory may be annexed
by any municipality by | 11 |
| which it is bounded in whole or in part,
by the passage of an | 12 |
| ordinance to that effect after notice is given as
provided in | 13 |
| subsection (b) of this Section. Land or property that is used | 14 |
| for agricultural purposes or to produce agricultural goods | 15 |
| shall not be annexed pursuant to item (g). Nothing in this | 16 |
| Section shall subject any railroad property to the zoning or | 17 |
| jurisdiction of any municipality annexing the property under | 18 |
| this Section. , and for land annexed pursuant to item (g), | 19 |
| notice shall be given to the impacted land owners The
ordinance | 20 |
| shall describe the territory annexed and a copy thereof | 21 |
| together
with an accurate map of the annexed territory shall be | 22 |
| recorded in the
office of the recorder of the county wherein | 23 |
| the annexed territory is
situated and a document of annexation | 24 |
| shall be filed with the county clerk
and County Election | 25 |
| Authority. Nothing in this Section shall be construed
as | 26 |
| permitting a municipality to annex territory of a forest |
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LRB096 17998 RLJ 37598 a |
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| preserve
district in a county with a population of 3,000,000 or | 2 |
| more without
obtaining the consent of the district pursuant to | 3 |
| Section 8.3 of the
Cook County Forest Preserve District Act nor | 4 |
| shall anything in this Section be construed as permitting a | 5 |
| municipality to annex territory owned by a park district | 6 |
| without obtaining the consent of the district pursuant to | 7 |
| Section 8-1.1 of the Park District Code. | 8 |
| (b) The corporate authorities shall cause notice, stating | 9 |
| that annexation of the territory described in the notice is | 10 |
| contemplated under this Section, to be published once, in a | 11 |
| newspaper of general circulation within the territory to be | 12 |
| annexed, not less than 10 days before the passage of the | 13 |
| annexation ordinance , and for land annexed pursuant to item (g) | 14 |
| of subsection (a) of this Section, notice shall be given to the | 15 |
| impacted land owners . The corporate authorities shall also, not | 16 |
| less than 15 days before the passage of the annexation | 17 |
| ordinance, serve written notice, either in person or, at a | 18 |
| minimum, by certified mail, on the taxpayer of record of the | 19 |
| proposed annexed territory as appears from the authentic tax | 20 |
| records of the county. When the territory to be annexed lies | 21 |
| wholly or partially within a township other than the township | 22 |
| where the municipality is situated, the annexing municipality | 23 |
| shall give at least 10 days prior written notice of the time
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| and place of the passage of the annexation ordinance to the | 25 |
| township
supervisor of the township where the territory to be | 26 |
| annexed lies. |
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LRB096 17998 RLJ 37598 a |
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| (c) When notice is given as described in subsection (b) of | 2 |
| this Section, no other municipality may annex the proposed | 3 |
| territory for a period of 60 days from the date the notice is | 4 |
| mailed or delivered to the taxpayer of record unless that other | 5 |
| municipality has initiated annexation proceedings or a valid | 6 |
| petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | 7 |
| of this Code has been received by the municipality prior to the | 8 |
| publication and mailing of the notices required in subsection | 9 |
| (b). | 10 |
| (Source: P.A. 94-396, eff. 8-1-05; 95-931, eff. 1-1-09; | 11 |
| 95-1039, eff. 3-25-09; revised 4-9-09.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
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