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Public Act 095-0161


 

Public Act 0161 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0161
 
HB2782 Enrolled LRB095 11407 HLH 32210 b

    AN ACT concerning libraries.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Library District Act of 1991 is
amended by changing Sections 15-10 and 15-15 as follows:
 
    (75 ILCS 16/15-10)
    Sec. 15-10. Uninhabited private property within
municipality.
    (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.
    (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.
    (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
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
described territory. No referendum need be held.
    (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.
    (e) In no case, however, may territory not contiguous to
the district or to territory being annexed to the district be
annexed.
(Source: P.A. 87-1277.)
 
    (75 ILCS 16/15-15)
    Sec. 15-15. Territory included within municipality or
school district.
    (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.
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
proposed annexation ordinance.
    (b) Within 15 days of the passage of the annexation
ordinance, the library district shall send notice of the
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
published as provided in Section 1-30. The board may vacate an
annexation ordinance before its publication.
    (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
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.
    (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,
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
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:
        Shall (description of territory) be annexed to (name of
    public library district), (location), Illinois?
    (e) If a majority of votes cast upon the proposition in the
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.
    (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
concluded the annexation of the territory under subsection (e).
(Source: P.A. 94-899, eff. 6-22-06.)

Effective Date: 1/1/2008