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| Public Act 095-0161 |
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AN ACT concerning libraries.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Library District Act of 1991 is | ||||
amended by changing Sections 15-10 and 15-15 as follows:
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(75 ILCS 16/15-10)
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Sec. 15-10. Uninhabited private property within | ||||
municipality.
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(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.
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(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.
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(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
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described territory. No referendum need be held.
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(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.
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(e) In no case, however, may territory not contiguous to
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the district or to territory being annexed to the district be | ||
annexed.
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(Source: P.A. 87-1277.)
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(75 ILCS 16/15-15)
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Sec. 15-15. Territory included within municipality or | ||
school district.
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(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.
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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.
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(b) Within 15 days of the passage of the
annexation | ||
ordinance, the library district shall send notice of the
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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
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published as provided in Section 1-30. The board may vacate an
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annexation ordinance before its publication.
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(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
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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.
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(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,
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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
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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:
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Shall (description of territory) be annexed to (name of | ||
public library
district), (location), Illinois?
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(e) If a majority of votes cast upon the proposition in the
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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.
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(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).
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(Source: P.A. 94-899, eff. 6-22-06.)
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