Sen. Emil Jones, III

Filed: 3/18/2015

 

 


 

 


 
09900SB0369sam001LRB099 03111 AWJ 32217 a

1
AMENDMENT TO SENATE BILL 369

2    AMENDMENT NO. ______. Amend Senate Bill 369 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 7-1-1 as follows:
 
6    (65 ILCS 5/7-1-1)  (from Ch. 24, par. 7-1-1)
7    Sec. 7-1-1. Annexation of contiguous territory. Any
8territory that is not within the corporate limits of any
9municipality but is contiguous to a municipality may be annexed
10to the municipality as provided in this Article. For the
11purposes of this Article any territory to be annexed to a
12municipality shall be considered to be contiguous to the
13municipality notwithstanding that the territory is separated
14from the municipality by a strip parcel, railroad or public
15utility right-of-way, or former railroad right-of-way that has
16been converted to a recreational trail, but upon annexation the

 

 

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1area included within that strip parcel, right-of-way, or former
2right-of-way shall not be considered to be annexed to the
3municipality. For purposes of this Section, "strip parcel"
4means a separation no wider than 30 feet between the territory
5to be annexed and the municipal boundary.
6    Except in counties with a population of more than 600,000
7but less than 3,000,000, territory which is not contiguous to a
8municipality but is separated therefrom only by a forest
9preserve district, federal wildlife refuge, open land or open
10space that is part of an open space program, as defined in
11Section 115-5 of the Township Code, or conservation area, may
12be annexed to the municipality pursuant to Section 7-1-7 or
137-1-8, but only if the annexing municipality can show that the
14forest preserve district, federal wildlife refuge, open land,
15open space, or conservation area creates an artificial barrier
16preventing the annexation and that the location of the forest
17preserve district, federal wildlife refuge, open land, open
18space, or conservation area property prevents the orderly
19natural growth of the annexing municipality. It shall be
20conclusively presumed that the forest preserve district,
21federal wildlife refuge, open land, open space, or conservation
22area does not create an artificial barrier if the property
23sought to be annexed is bounded on at least 3 sides by (i) one
24or more other municipalities (other than the municipality
25seeking annexation through the existing forest preserve
26district, federal wildlife refuge, open land, open space, or

 

 

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1conservation area), (ii) forest preserve district property,
2federal wildlife refuge, open land, open space, or conservation
3area, or (iii) a combination of other municipalities and forest
4preserve district property, federal wildlife refuge property,
5open land, open space, or conservation area. It shall also be
6conclusively presumed that the forest preserve district,
7federal wildlife refuge, open land, open space, or conservation
8area does not create an artificial barrier if the municipality
9seeking annexation is not the closest municipality within the
10county to the property to be annexed. The territory included
11within such forest preserve district, federal wildlife refuge,
12open land, open space, or conservation area shall not be
13annexed to the municipality nor shall the territory of the
14forest preserve district, federal wildlife refuge, open land,
15open space, or conservation area be subject to rights-of-way
16for access or services between the parts of the municipality
17separated by the forest preserve district, federal wildlife
18refuge, open land, open space, or conservation area without the
19consent of the governing body of the forest preserve district
20or federal wildlife refuge. The changes made to this Section by
21Public Act 91-824 are declaratory of existing law and shall not
22be construed as a new enactment. Notwithstanding any other
23provision of this paragraph, a parcel of 1 acre or less which
24is not contiguous to a municipality but which is only separated
25therefrom by a forest preserve district, federal wildlife
26refuge, open land or open space that is part of an open space

 

 

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1program, as defined in Section 115-5 of the Township Code, or
2conservation area, may be annexed to the municipality pursuant
3to Section 7-1-7 or 7-1-8, without requiring any showing that
4the forest preserve district, federal wildlife refuge, open
5land, open space, or conservation area creates an artificial
6barrier preventing the annexation or that the location of the
7forest preserve district, federal wildlife refuge, open land,
8open space, or conservation area prevents the orderly natural
9growth of the annexing municipality.
10    For the purpose of this Section, "conservation area" means
11an area dedicated to conservation and owned by a not-for-profit
12organized under Section 501(c)(3) of the Internal Revenue Code
13of 1986, or any area owned by a conservation district.
14    In counties that are contiguous to the Mississippi River
15with populations of more than 200,000 but less than 255,000, a
16municipality that is partially located in territory that is
17wholly surrounded by the Mississippi River and a canal,
18connected at both ends to the Mississippi River and located on
19property owned by the United States of America, may annex
20noncontiguous territory in the surrounded territory under
21Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is separated
22from the municipality by property owned by the United States of
23America, but that federal property shall not be annexed without
24the consent of the federal government.
25    For the purposes of this Article, any territory to be
26annexed to a municipality that is located in a county with more

 

 

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1than 500,000 inhabitants shall be considered to be contiguous
2to the municipality if only a river and a national heritage
3corridor separate the territory from the municipality. Upon
4annexation, no river or national heritage corridor shall be
5considered annexed to the municipality.
6    When any land proposed to be annexed is part of any Fire
7Protection District or of any Public Library District and the
8annexing municipality provides fire protection or a public
9library, as the case may be, the Trustees of each District
10shall be notified in writing by certified or registered mail
11before any court hearing or other action is taken for
12annexation. The notice shall be served 10 days in advance. An
13affidavit that service of notice has been had as provided by
14this Section must be filed with the clerk of the court in which
15the annexation proceedings are pending or will be instituted
16or, when no court proceedings are involved, with the recorder
17for the county where the land is situated. No annexation of
18that land is effective unless service is had and the affidavit
19filed as provided in this Section.
20    The new boundary shall extend to the far side of any
21adjacent highway and shall include all of every highway within
22the area annexed. These highways shall be considered to be
23annexed even though not included in the legal description set
24forth in the petition for annexation. When any land proposed to
25be annexed includes any highway under the jurisdiction of any
26township, the Township Commissioner of Highways, the Board of

 

 

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1Town Trustees, the Township Supervisor, and the Township Clerk
2shall be notified in writing by certified or registered mail
3before any court hearing or other action is taken for
4annexation. In the event that a municipality fails to notify
5the Township Commissioner of Highways, the Board of Town
6Trustees, the Township Supervisor, and the Township Clerk of
7the annexation of an area within the township, the municipality
8shall reimburse that township for any loss or liability caused
9by the failure to give notice. If any municipality has annexed
10any area before October 1, 1975, and the legal description in
11the petition for annexation did not include the entire adjacent
12highway, any such annexation shall be valid and any highway
13adjacent to the area annexed shall be considered to be annexed
14notwithstanding the failure of the petition to annex to include
15the description of the entire adjacent highway.
16    Any annexation, disconnection and annexation, or
17disconnection under this Article of any territory must be
18reported by certified or registered mail by the corporate
19authority initiating the action to the election authorities
20having jurisdiction in the territory and the post office
21branches serving the territory within 30 days of the
22annexation, disconnection and annexation, or disconnection.
23    Failure to give notice to the required election authorities
24or post office branches will not invalidate the annexation or
25disconnection. For purposes of this Section "election
26authorities" means the county clerk where the clerk acts as the

 

 

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1clerk of elections or the clerk of the election commission
2having jurisdiction.
3    No annexation, disconnection and annexation, or
4disconnection under this Article of territory having electors
5residing therein made (1) before any primary election to be
6held within the municipality affected thereby and after the
7time for filing petitions as a candidate for nomination to any
8office to be chosen at the primary election or (2) within 60
9days before any general election to be held within the
10municipality shall be effective until the day after the date of
11the primary or general election, as the case may be.
12    For the purpose of this Section, a toll highway or
13connection between parcels via an overpass bridge over a toll
14highway shall not be considered a deterrent to the definition
15of contiguous territory.
16    When territory is proposed to be annexed by court order
17under this Article, the corporate authorities or petitioners
18initiating the action shall notify each person who pays real
19estate taxes on property within that territory unless the
20person is a petitioner. The notice shall be served by certified
21or registered mail, return receipt requested, at least 20 days
22before a court hearing or other court action. If the person who
23pays real estate taxes on the property is not the owner of
24record, then the payor shall notify the owner of record of the
25proposed annexation.
26(Source: P.A. 96-1000, eff. 7-2-10; 96-1233, eff. 7-23-10;

 

 

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197-601, eff. 1-1-12.)".