HB6436ham001 93RD GENERAL ASSEMBLY

Rep. Bob Biggins

Filed: 4/23/2004

09300HB6436ham001 LRB093 16188 MKM 49627 a

AMENDMENT TO HOUSE BILL 6436

AMENDMENT NO. ______. Amend House Bill 6436 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by adding Section 7-3-6.2 as follows:

(65 ILCS 5/7-3-6.2 new)

Sec. 7-3-6.2. Disconnection and annexation; surrounded or nearly surrounded territory.

(a) This Section does not apply in (i) a municipality with a population of more than 1,000,000, (ii) a municipality that borders a municipality with a population of more than 1,000,000, or (iii) a municipality that is located on the border of a county with a population of more than 3,000,000.

(b) Territory that is within the corporate limits of any municipality may be disconnected from that municipality and annexed to another municipality to which the territory is contiguous as provided in this Section.

(c) For purposes of this Section, territory to be disconnected shall be territory within a municipality located in whole or in part within a county having a population of more than 3,000,000, which territory (1) is not less than 20 acres in area, but does not exceed 160 acres in area; (2) is located on the border of the municipality; (3) if disconnected, will not result in the isolation of any part of the municipality from the remainder of the municipality; and (4) is bounded on at least 3 sides by (i) another municipality or (ii) a combination of another municipality and the Eisenhower Expressway, provided that there are no municipal streets within or abutting the territory that are under the jurisdiction of the disconnecting municipality and that cross over or under the Eisenhower Expressway such that the municipal streets directly connect the territory to the portion of the disconnecting municipality on the other side of the Eisenhower Expressway.

(d) A petition, signed by not less than 10% or 100, whichever is lesser, of the electors of the territory to be disconnected and by the owners of record of more than 50% of the territory, shall be filed with the circuit court for the county in which the territory is situated. The petition shall describe the territory and request that the question of the disconnection and subsequent annexation of the territory be submitted to the electors of the territory.

(e) After considering the petition, the court shall give notice of the petition to the corporate authorities of each municipality. The corporate authorities of the contiguous annexing municipality shall, within not more than 60 days of the notice, vote on the question of the annexation. If a majority of the members of the corporate authorities of the municipality, by a vote recorded in the minutes, vote in favor of the annexation, an ordinance shall be passed annexing the territory upon disconnection from the first municipality. The clerk of the annexing municipality shall certify and file a copy of the annexation ordinance, together with a map showing the boundary lines of the territory to be annexed, with the clerk of the court. If within 60 days of the notice, the annexing municipality fails to approve the annexation by the requisite majority vote of the members of the corporate authorities, the matter shall be dismissed by the court.

(f) If the corporate authorities of the annexing municipality vote in favor of the annexation, adopt an annexation ordinance, and file a certified copy of the annexation ordinance with the clerk of the court, the clerk of the court shall certify the question to the proper election authority for submission to the electors of the territory. The question shall be presented at an election in accordance with the general election law.

The question shall be in substantially the following form:

Shall the territory (describe territory) be disconnected from (name of municipality) and annexed to (name of municipality)? The election authority must record the votes as "Yes" or "No" and the result of the election shall be entered of record in the court.

(g) If a majority of persons voting upon the question vote for disconnection and annexation by the contiguous municipality, the described territory is disconnected from the first municipality and annexed to the annexing municipality upon the terms stated in the annexation ordinance, whereupon the jurisdiction of the annexing municipality is extended over the territory and the disconnecting municipality loses jurisdiction over the territory.

(h) If a majority of persons voting on the question vote against the disconnection and annexation, the territory remains in the first municipality, the matter shall be dismissed by the court, the annexing municipality's annexation ordinance shall be null and void, and no further proceedings shall be had on the question for at least 22 months from the date of the election.

(i) If the proposition passes, the clerk of the annexing municipality, within 90 days after the results of the election are certified, shall file for recordation with the county clerk and the recorder of the county in which the annexed territory is situated a certified copy of the ordinance with an accurate map of the territory annexed.

Section 99. Effective date. This Act takes effect upon becoming law.".