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91_HB3615sam001
LRB9112381MWpkam01
1 AMENDMENT TO HOUSE BILL 3615
2 AMENDMENT NO. . Amend House Bill 3615 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Municipal Code is amended by
5 changing 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
8 territory that is not within the corporate limits of any
9 municipality but is contiguous to a municipality may be
10 annexed to the municipality as provided in this Article. For
11 the purposes of this Article any territory to be annexed to a
12 municipality shall be considered to be contiguous to the
13 municipality notwithstanding that the territory is separated
14 from the municipality by a railroad or public utility
15 right-of-way, but upon annexation the area included within
16 that right-of-way shall not be considered to be annexed to
17 the municipality.
18 Except in counties with a population of more than 500,000
19 but less than 3,000,000, territory which is not contiguous to
20 a municipality but is separated therefrom only by a forest
21 preserve district may be annexed to the municipality pursuant
22 to Sections 7-1-7 or 7-1-8, but in counties with a population
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1 of 3,000,000 or more, territory that is not contiguous to a
2 municipality but is separated therefrom only by a forest
3 preserve district may be annexed to the municipality pursuant
4 to Sections 7-1-7 or 7-1-8 only if the annexing municipality
5 can show that the forest preserve district creates an
6 artificial barrier preventing the annexation and that the
7 location of the forest preserve district property prevents
8 the orderly natural growth of the annexing municipality. It
9 shall be conclusively presumed that the forest preserve
10 district does not create an artificial barrier if the
11 property sought to be annexed is bounded on at least 3 sides
12 by (i) one or more other municipalities (other than the
13 municipality seeking annexation through the existing forest
14 preserve district), (ii) forest preserve district property,
15 or (iii) a combination of other municipalities and forest
16 preserve district property. It shall also be conclusively
17 presumed that the forest preserve district does not create an
18 artificial barrier if the municipality seeking annexation is
19 not the closest municipality to the property to be annexed.
20 The territory included within such forest preserve district
21 shall not be annexed to the municipality nor shall the
22 territory of the forest preserve district be subject to
23 rights-of-way for access or services between the parts of the
24 municipality separated by the forest preserve district
25 without the consent of the governing body of the forest
26 preserve district. The changes made to this Section by this
27 amendatory Act of 91st General Assembly are declaratory of
28 existing law and shall not be construed as a new enactment.
29 In counties that are contiguous to the Mississippi River
30 with populations of more than 200,000 but less than 255,000,
31 a municipality that is partially located in territory that is
32 wholly surrounded by the Mississippi River and a canal,
33 connected at both ends to the Mississippi River and located
34 on property owned by the United States of America, may annex
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1 noncontiguous territory in the surrounded territory under
2 Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
3 separated from the municipality by property owned by the
4 United States of America, but that federal property shall not
5 be annexed without the consent of the federal government.
6 When any land proposed to be annexed is part of any Fire
7 Protection District or of any Public Library District and the
8 annexing municipality provides fire protection or a public
9 library, as the case may be, the Trustees of each District
10 shall be notified in writing by certified or registered mail
11 before any court hearing or other action is taken for
12 annexation. The notice shall be served 10 days in advance.
13 An affidavit that service of notice has been had as provided
14 by this Section must be filed with the clerk of the court in
15 which the annexation proceedings are pending or will be
16 instituted or, when no court proceedings are involved, with
17 the recorder for the county where the land is situated. No
18 annexation of that land is effective unless service is had
19 and the affidavit filed as provided in this Section.
20 The new boundary shall extend to the far side of any
21 adjacent highway and shall include all of every highway
22 within the area annexed. These highways shall be considered
23 to be annexed even though not included in the legal
24 description set forth in the petition for annexation. When
25 any land proposed to be annexed includes any highway under
26 the jurisdiction of any township, the Township Commissioner
27 of Highways and the Board of Town Trustees shall be notified
28 in writing by certified or registered mail before any court
29 hearing or other action is taken for annexation. In the event
30 that a municipality fails to notify the Township Commissioner
31 of Highways and the Board of Town Trustees of the annexation
32 of an area within the township, the municipality shall
33 reimburse that township for any loss or liability caused by
34 the failure to give notice. If any municipality has annexed
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1 any area before October 1, 1975, and the legal description in
2 the petition for annexation did not include the entire
3 adjacent highway, any such annexation shall be valid and any
4 highway adjacent to the area annexed shall be considered to
5 be annexed notwithstanding the failure of the petition to
6 annex to include the description of the entire adjacent
7 highway.
8 Any annexation, disconnection and annexation, or
9 disconnection under this Article of any territory must be
10 reported by certified or registered mail by the corporate
11 authority initiating the action to the election authorities
12 having jurisdiction in the territory and the post office
13 branches serving the territory within 30 days of the
14 annexation, disconnection and annexation, or disconnection.
15 Failure to give notice to the required election
16 authorities or post office branches will not invalidate the
17 annexation or disconnection. For purposes of this Section
18 "election authorities" means the county clerk where the clerk
19 acts as the clerk of elections or the clerk of the election
20 commission having jurisdiction.
21 No annexation, disconnection and annexation, or
22 disconnection under this Article of territory having electors
23 residing therein made (1) before any primary election to be
24 held within the municipality affected thereby and after the
25 time for filing petitions as a candidate for nomination to
26 any office to be chosen at the primary election or (2) within
27 60 days before any general election to be held within the
28 municipality shall be effective until the day after the date
29 of the primary or general election, as the case may be.
30 For the purpose of this Section, a toll highway or
31 connection between parcels via an overpass bridge over a toll
32 highway shall not be considered a deterrent to the definition
33 of contiguous territory.
34 When territory is proposed to be annexed by court order
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1 under this Article, the corporate authorities or petitioners
2 initiating the action shall notify each person who pays real
3 estate taxes on property within that territory unless the
4 person is a petitioner. The notice shall be served by
5 certified or registered mail, return receipt requested, at
6 least 20 days before a court hearing or other court action.
7 If the person who pays real estate taxes on the property is
8 not the owner of record, then the payor shall notify the
9 owner of record of the proposed annexation.
10 (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.".