Full Text of HB5188 97th General Assembly
HB5188 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5188 Introduced 2/8/2012, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/7-1-2 | from Ch. 24, par. 7-1-2 | 65 ILCS 5/7-1-4 | from Ch. 24, par. 7-1-4 | 65 ILCS 5/7-1-7 | from Ch. 24, par. 7-1-7 | 65 ILCS 5/7-1-8 | from Ch. 24, par. 7-1-8 | 65 ILCS 5/7-1-11 | from Ch. 24, par. 7-1-11 | 65 ILCS 5/7-1-12 | from Ch. 24, par. 7-1-12 |
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Amends the Illinois Municipal Code. In provisions concerning the annexation of contiguous territory, requires a 60% vote (now, a majority) of the owners of record of land in the territory to be annexed and 60% (now, a majority) of the electors, if any, residing in the territory to petition the circuit court for annexation. Requires that at least 60% (now, a majority) of the electors residing in the unincorporated territory cast ballots in favor of annexation for the territory to become a part of the annexing municipality. Sets forth public hearing and notice requirements for the annexation of contiguous territory with no electors. 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 7-1-2, 7-1-4, 7-1-7, 7-1-8, 7-1-11, and | 6 | | 7-1-12 as follows:
| 7 | | (65 ILCS 5/7-1-2) (from Ch. 24, par. 7-1-2)
| 8 | | Sec. 7-1-2.
(a) A written petition signed by at least 60% a | 9 | | majority of the owners
of record of land in the territory and | 10 | | also by at least 60% a majority of the electors,
if any, | 11 | | residing in the territory shall be filed with the circuit court
| 12 | | clerk of the county in which the territory is located, or the | 13 | | corporate
authorities of a municipality may initiate the | 14 | | proceedings by enacting an
ordinance expressing their desire to | 15 | | annex the described territory.
A person owning land underlying | 16 | | a highway shall not be considered an owner of
record for | 17 | | purposes of this petition unless that person owns some land not
| 18 | | underlying a highway proposed to be annexed in the petition for | 19 | | annexation.
No
tract of land in excess of 10 acres in area may | 20 | | be included in the
ordinances of a municipality initiating the | 21 | | proceedings, however, without
the express consent of the owner | 22 | | of the tract unless the tract (i) is
subdivided into lots or | 23 | | blocks or (ii) is bounded on at least 3 sides by
lands |
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| 1 | | subdivided into lots or blocks. A tract of land shall be deemed | 2 | | so
bounded if it is actually separated from the subdivision | 3 | | only by the
right-of-way of a railroad or other public utility | 4 | | or at a public highway.
The petition or ordinance, as the case | 5 | | may be, shall request the annexation
of the territory to a | 6 | | specified municipality and also shall request that
the circuit | 7 | | court of the specified county submit the question of the
| 8 | | annexation to the corporate authorities of the annexing | 9 | | municipality or to
the electors of the unincorporated | 10 | | territory, as the case may be. The
circuit court shall enter an | 11 | | order fixing the time for the hearing upon the
petition, and | 12 | | the day for the hearing shall be not less than 20 nor more
than | 13 | | 30 days after the filing of the petition or ordinance, as the | 14 | | case may be.
| 15 | | (b) The petitioners or corporate authorities, as the case | 16 | | may be, shall
give notice of the annexation petition or | 17 | | ordinance, as the case may be,
not more than 30 nor less than | 18 | | 15 days before the date fixed for the
hearing. This notice | 19 | | shall state that a petition for annexation or
ordinance, as the | 20 | | case may be, has been filed and shall give the substance of
the | 21 | | petition, including a description of the territory to be | 22 | | annexed, the
name of the annexing municipality, and the date | 23 | | fixed for the hearing.
This notice shall be given by publishing | 24 | | a notice at least once
in one or more newspapers published in | 25 | | the annexing municipality or, if
no newspaper is published in | 26 | | the annexing municipality, in one or more
newspapers with a |
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| 1 | | general circulation within the annexing municipality and
| 2 | | territory. A copy of this notice shall be filed with the clerk | 3 | | of the
annexing municipality and the municipal clerk shall | 4 | | send, by registered
mail, an additional copy to the highway | 5 | | commissioner of each road district
within which the territory | 6 | | proposed to be annexed is situated. If a
municipal clerk fails | 7 | | to send the notice to a highway commissioner as
required by | 8 | | this subsection, the municipality shall reimburse the road
| 9 | | district served by that highway commissioner for any loss or | 10 | | liability
caused by that failure. Any notice required by this | 11 | | Section need not include a metes and bounds legal description | 12 | | of the territory to be annexed, provided that the notice | 13 | | includes: (i) the common street address or addresses and (ii) | 14 | | the property index number ("PIN") or numbers of all the parcels | 15 | | of real property contained in the territory to be annexed.
| 16 | | (c) The petitioners or corporate authorities, as the case | 17 | | may be, shall
pay to the clerk of the circuit court $10 as a | 18 | | filing and service fee,
and no petition or ordinance, as the | 19 | | case may be, shall be filed until
this fee is paid.
| 20 | | (d) No petitioner may withdraw from this petition
except by | 21 | | consent of the majority of the other petitioners, or
where it | 22 | | is shown to the satisfaction of the court that the signature of
| 23 | | the petitioner was obtained by fraud or misrepresentation.
| 24 | | (e) If a State charitable institution is situated upon a | 25 | | tract or
tracts of land that lie partly within and partly | 26 | | without the corporate
limits of any municipality, the corporate |
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| 1 | | authorities of the municipality
may by resolution without any | 2 | | petition or proceedings required by this
Article but with the | 3 | | written consent of the Director of the State
Department having | 4 | | jurisdiction of the institution, annex any part or all of
the | 5 | | tracts lying without the corporate limits.
| 6 | | (f) If real estate owned by the State of Illinois or any | 7 | | board,
agency, or commission of the State is situated in | 8 | | unincorporated territory
adjacent to a municipality, the | 9 | | corporate authorities of the municipality
may annex any part or | 10 | | all of the real estate only with the written consent
of the | 11 | | Governor or the governing authority of the board, agency, or
| 12 | | commission, without any petition or proceedings required by | 13 | | this Article by
resolution of the corporate authorities. This | 14 | | requirement does not apply,
however, to State highways located | 15 | | within territory to be annexed under
this Article.
| 16 | | (Source: P.A. 97-336, eff. 8-12-11.)
| 17 | | (65 ILCS 5/7-1-4) (from Ch. 24, par. 7-1-4)
| 18 | | Sec. 7-1-4. The cause shall be heard without further | 19 | | pleadings. At
the hearing the objector may be heard in person | 20 | | or by counsel.
| 21 | | Prior to hearing evidence on the validity of the annexation | 22 | | petition
or ordinance, the court shall hear and determine any | 23 | | objection under
sub-paragraph (4) of Section 7-1-3. If the | 24 | | court is satisfied that such
objection is valid, it shall order | 25 | | the petition or ordinance to be
amended to eliminate such |
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| 1 | | objector's land from the territory sought to
be annexed. | 2 | | Thereafter upon this hearing the only matter for
determination | 3 | | shall be the validity of the annexation petition or
ordinance, | 4 | | as the case may be, and the decision of the court shall be
| 5 | | final. All petitions shall be supported by an affidavit of one | 6 | | or more
of the petitioners, or some one on their behalf, that | 7 | | the signatures on
the petition represent at least 60% a | 8 | | majority of the property owners of record of land
in the | 9 | | territory described
and at least 60% a majority of the electors | 10 | | of the territory therein described.
Petitions so verified shall | 11 | | be accepted as prima facie evidence of such
facts. If the court | 12 | | finds that (1) the annexation petition is not signed
by the | 13 | | requisite number of electors or property owners of record; or | 14 | | (2)
that the described property is not contiguous to the | 15 | | annexing
municipality; or (3) that the description is | 16 | | materially defective; or
(4) that the petition or ordinance, as | 17 | | the case may be, is otherwise
invalid, the court shall dismiss | 18 | | the petition or ordinance, as the case
may be.
| 19 | | But if the court finds that the petition or ordinance, as | 20 | | the case
may be, is valid, the court shall (1) enter an order | 21 | | describing the
territory to be annexed, (2) find that the | 22 | | petition or ordinance, as the
case may be, conforms to this | 23 | | Article, and (3) direct that the question
of annexation be | 24 | | submitted to the corporate authorities of the annexing
| 25 | | municipality or to the electors of the unincorporated | 26 | | territory, as the
case may be, for final action. A certified |
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| 1 | | copy of the order of the
court directing that the question of | 2 | | annexation be submitted to the
corporate authorities shall be | 3 | | sent to the clerk of the annexing
municipality.
| 4 | | Appeals shall lie from any final order of the court as in | 5 | | other civil actions.
| 6 | | (Source: P.A. 81-448.)
| 7 | | (65 ILCS 5/7-1-7) (from Ch. 24, par. 7-1-7)
| 8 | | Sec. 7-1-7.
(a) If the court finds that an annexation | 9 | | ordinance is
valid, the court shall enter an order directing | 10 | | the submission of the
question of annexation of the | 11 | | unincorporated territory to the electors of
that territory at | 12 | | an election in accordance with the general election law
and | 13 | | directing the clerk of the annexing municipality to send, by | 14 | | registered
mail, a notice of the date of the prospective | 15 | | referendum to the highway
commissioner of each road district | 16 | | within which the territory proposed to
be annexed is situated. | 17 | | The clerk of the circuit court shall certify the
question for | 18 | | submission.
| 19 | | (b) If at least 60% a majority of those casting ballots | 20 | | favor
annexation, the described
territory shall, except as | 21 | | otherwise provided in Section 7-1-1, thereupon
be a part of the | 22 | | annexing municipality. Within 15 days after the
referendum, the | 23 | | clerk of the annexing municipality shall promptly send
written | 24 | | notice of the results of the referendum by registered mail to | 25 | | the
highway commissioner of each road district within which the |
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| 1 | | territory is
situated.
| 2 | | (c) If a municipal clerk fails to send any notice to a | 3 | | highway
commissioner as required by this Section, the | 4 | | municipality shall reimburse
the road district served by that | 5 | | highway commissioner for any loss or
liability caused by that | 6 | | failure.
| 7 | | (Source: P.A. 87-533; 88-355.)
| 8 | | (65 ILCS 5/7-1-8) (from Ch. 24, par. 7-1-8)
| 9 | | Sec. 7-1-8.
Any territory which is not within the corporate | 10 | | limits of any
municipality but which is contiguous to a | 11 | | municipality at the time of
annexation and which territory
has | 12 | | no electors residing therein, or any such territory with | 13 | | electors
residing therein, may be annexed to the municipality | 14 | | in the following
manner: a written petition signed by the | 15 | | owners of record of all land
within such territory and by at | 16 | | least 60% 51% of the electors residing therein
shall be filed | 17 | | with the municipal clerk. The petition shall request
annexation | 18 | | and shall state that no electors reside therein or that at | 19 | | least
60% 51% of such electors residing therein join in the | 20 | | petition, whichever shall
be the case, and shall be under oath. | 21 | | The corporate authorities of the municipality shall conduct a | 22 | | public hearing at least 30 days prior to its adoption of an | 23 | | annexation ordinance. Notice of the public hearing must be | 24 | | given not more than 30 nor less than 20 days before the public | 25 | | hearing. This notice shall state that a petition for annexation |
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| 1 | | has been filed and shall give the substance of
the petition, | 2 | | including a description of the territory to be annexed, the
| 3 | | name of the annexing municipality, and the date fixed for the | 4 | | hearing.
Notice shall be given by publication in one or more | 5 | | newspapers published in the annexing municipality or, if
no | 6 | | newspaper is published in the annexing municipality, in one or | 7 | | more
newspapers with a general circulation within the annexing | 8 | | municipality and
territory. The corporate authorities of the
| 9 | | municipality to which annexation is sought shall then consider | 10 | | the question
of the annexation of the described territory. A | 11 | | majority vote of the
corporate authorities then holding office | 12 | | is required to annex. The vote
shall be by "yeas" and "nays" | 13 | | entered on the legislative records. A copy of
the ordinance | 14 | | annexing the territory together with an accurate map of the
| 15 | | annexed territory shall be recorded with the recorder and filed
| 16 | | with the County Clerk within the county wherever the annexed | 17 | | territory is
located.
| 18 | | (Source: P.A. 83-358.)
| 19 | | (65 ILCS 5/7-1-11) (from Ch. 24, par. 7-1-11)
| 20 | | Sec. 7-1-11.
The following is an optional method of | 21 | | annexing any
territory which, (1) is not less than one square | 22 | | mile in area; (2)
contains at least 500 inhabitants; (3) is not | 23 | | included within any
municipality; and (4) is contiguous to a | 24 | | municipality having not more
than 100,000 inhabitants. Such | 25 | | territory may be annexed to a
municipality of the specified |
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| 1 | | sort as follows:
| 2 | | A petition, signed by not less than 100 of the electors of | 3 | | the
territory sought to be annexed and by the owners of record | 4 | | of more than
60% 50% of such territory, shall be filed with the | 5 | | circuit court for the
county in which the territory is | 6 | | situated. The petition shall request
that the question of | 7 | | annexation of the territory described therein be
submitted to | 8 | | the electors of the territory.
| 9 | | No tract of land in excess of 10 acres in area shall be | 10 | | included in
the annexation petition without the express consent | 11 | | of the owner thereof
unless the tract is
| 12 | | (1) subdivided into lots or blocks; or
| 13 | | (2) bounded on at least 3 sides by lands subdivided into | 14 | | lots or
blocks.
| 15 | | The owner of record of land comprising any part of the | 16 | | perimeter of
the territory sought to be annexed may apply to | 17 | | the court for the
exclusion of his or her land from the | 18 | | territory described in such petition. The
court shall grant | 19 | | such application if the exclusion of such land will
not destroy | 20 | | the contiguity of the land sought to be annexed with the
| 21 | | annexing municipality.
| 22 | | After considering any such application, the court shall | 23 | | order the question
submitted within the territory at an | 24 | | election in accordance
with the general election law. The clerk | 25 | | of the circuit court shall certify
the question to the proper | 26 | | election authority for submission.
The result of the election |
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| 1 | | shall be entered of record in the court.
If at least 60% a | 2 | | majority of the votes cast on the question
favor annexation, | 3 | | the
court shall then give notice thereof to the corporate | 4 | | authorities of the
proposed annexing municipality. The | 5 | | corporate authorities shall then
vote on the question of such | 6 | | annexation and if a majority of their
membership, by a vote | 7 | | recorded in the minutes, vote in favor of the
annexation, an | 8 | | ordinance shall be passed annexing the territory. The
clerk of | 9 | | the annexing municipality shall certify and file a copy of the
| 10 | | annexation ordinance with a map showing the boundary lines of | 11 | | the
territory annexed, with the recorder of the county in which | 12 | | the
municipality is located and a document of annexation shall | 13 | | be filed with
the county clerk and County Election Authority.
| 14 | | If the question of such annexation does not receive the | 15 | | requisite
majority vote of the corporate authorities, the | 16 | | municipal clerk
shall certify the question at an election in | 17 | | accordance with the general election law.
| 18 | | If at least 60% a majority of the persons voting upon the | 19 | | question vote for
annexation, the described territory is | 20 | | annexed to the annexing
municipality. The clerk of the annexing | 21 | | municipality shall certify and
file a statement of the | 22 | | annexation proceeding with a map showing the
boundary lines of | 23 | | the territory annexed, as provided in this Section section .
| 24 | | If a majority of persons voting on the question vote | 25 | | against
annexation, no further proceedings shall be had on the | 26 | | question for at
least 22 months from the date of such election.
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| 1 | | (Source: P.A. 83-1362.)
| 2 | | (65 ILCS 5/7-1-12) (from Ch. 24, par. 7-1-12)
| 3 | | Sec. 7-1-12.
Upon a written petition which is signed by at | 4 | | least 60% a majority of
the owners of record of land in any | 5 | | contiguous unincorporated territory
wholly bounded by 2 or more | 6 | | municipalities and after the notice required
by this Section | 7 | | has been given, the specified territory may be annexed
by any | 8 | | one of the specified municipalities by the passage of an
| 9 | | ordinance providing therefor. The corporate authorities of the | 10 | | annexing
municipality shall cause notice of the filing of such | 11 | | petition to be
published once, in a newspaper of general | 12 | | circulation within the
territory to be annexed, not less than | 13 | | 10 days before the passage of the
annexation ordinance. When | 14 | | the territory to be annexed lies wholly or
partially within a | 15 | | township other than that township where the municipality
is | 16 | | situated, the annexing municipality shall give at least 10 days | 17 | | prior
written notice of the time and place of the passage of | 18 | | the annexation ordinance
to the township supervisor of the | 19 | | township where the territory to be
annexed lies. The ordinance | 20 | | shall describe the territory
annexed, which may not exceed 1/3 | 21 | | the area of the annexing municipality
before the annexation. A | 22 | | copy of the annexing ordinance and an accurate
map of the | 23 | | annexed territory shall be recorded by the recorder
of the | 24 | | county wherein the annexed territory is situated and a document | 25 | | of
annexation shall be filed with the county clerk and County |
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| 1 | | Election Authority.
| 2 | | (Source: P.A. 86-769.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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