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91_SB1647ham005
LRB9109352MWmbam01
1 AMENDMENT TO SENATE BILL 1647
2 AMENDMENT NO. . Amend Senate Bill 1647 on page 54,
3 immediately below line 32, by inserting the following:
4 "ARTICLE 90.
5 Section 90-5. The Illinois Municipal Code is amended by
6 changing Section 7-1-1 as follows:
7 (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
8 Sec. 7-1-1. Annexation of contiguous territory. Any
9 territory that is not within the corporate limits of any
10 municipality but is contiguous to a municipality may be
11 annexed to the municipality as provided in this Article. For
12 the purposes of this Article any territory to be annexed to a
13 municipality shall be considered to be contiguous to the
14 municipality notwithstanding that the territory is separated
15 from the municipality by a railroad or public utility
16 right-of-way, but upon annexation the area included within
17 that right-of-way shall not be considered to be annexed to
18 the municipality.
19 Except in counties with a population of more than 500,000
20 but less than 3,000,000, territory which is not contiguous to
21 a municipality but is separated therefrom only by a forest
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1 preserve district may be annexed to the municipality pursuant
2 to Sections 7-1-7 or 7-1-8, but only if the annexing
3 municipality can show that the forest preserve district
4 creates an artificial barrier preventing the annexation and
5 that the location of the forest preserve district property
6 prevents the orderly natural growth of the annexing
7 municipality. It shall be conclusively presumed that the
8 forest preserve district does not create an artificial
9 barrier if the property sought to be annexed is bounded on at
10 least 3 sides by (i) one or more other municipalities (other
11 than the municipality seeking annexation through the existing
12 forest preserve district), (ii) forest preserve district
13 property, or (iii) a combination of other municipalities and
14 forest preserve district property. It shall also be
15 conclusively presumed that the forest preserve district does
16 not create an artificial barrier if the municipality seeking
17 annexation is not the closest municipality to the property to
18 be annexed. The territory included within such forest
19 preserve district shall not be annexed to the municipality
20 nor shall the territory of the forest preserve district be
21 subject to rights-of-way for access or services between the
22 parts of the municipality separated by the forest preserve
23 district without the consent of the governing body of the
24 forest preserve district. The changes made to this Section by
25 this amendatory Act of 91st General Assembly are declaratory
26 of existing law and shall not be construed as a new
27 enactment.
28 In counties that are contiguous to the Mississippi River
29 with populations of more than 200,000 but less than 255,000,
30 a municipality that is partially located in territory that is
31 wholly surrounded by the Mississippi River and a canal,
32 connected at both ends to the Mississippi River and located
33 on property owned by the United States of America, may annex
34 noncontiguous territory in the surrounded territory under
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1 Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
2 separated from the municipality by property owned by the
3 United States of America, but that federal property shall not
4 be annexed without the consent of the federal government.
5 When any land proposed to be annexed is part of any Fire
6 Protection District or of any Public Library District and the
7 annexing municipality provides fire protection or a public
8 library, as the case may be, the Trustees of each District
9 shall be notified in writing by certified or registered mail
10 before any court hearing or other action is taken for
11 annexation. The notice shall be served 10 days in advance.
12 An affidavit that service of notice has been had as provided
13 by this Section must be filed with the clerk of the court in
14 which the annexation proceedings are pending or will be
15 instituted or, when no court proceedings are involved, with
16 the recorder for the county where the land is situated. No
17 annexation of that land is effective unless service is had
18 and the affidavit filed as provided in this Section.
19 The new boundary shall extend to the far side of any
20 adjacent highway and shall include all of every highway
21 within the area annexed. These highways shall be considered
22 to be annexed even though not included in the legal
23 description set forth in the petition for annexation. When
24 any land proposed to be annexed includes any highway under
25 the jurisdiction of any township, the Township Commissioner
26 of Highways and the Board of Town Trustees shall be notified
27 in writing by certified or registered mail before any court
28 hearing or other action is taken for annexation. In the event
29 that a municipality fails to notify the Township Commissioner
30 of Highways and the Board of Town Trustees of the annexation
31 of an area within the township, the municipality shall
32 reimburse that township for any loss or liability caused by
33 the failure to give notice. If any municipality has annexed
34 any area before October 1, 1975, and the legal description in
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1 the petition for annexation did not include the entire
2 adjacent highway, any such annexation shall be valid and any
3 highway adjacent to the area annexed shall be considered to
4 be annexed notwithstanding the failure of the petition to
5 annex to include the description of the entire adjacent
6 highway.
7 Any annexation, disconnection and annexation, or
8 disconnection under this Article of any territory must be
9 reported by certified or registered mail by the corporate
10 authority initiating the action to the election authorities
11 having jurisdiction in the territory and the post office
12 branches serving the territory within 30 days of the
13 annexation, disconnection and annexation, or disconnection.
14 Failure to give notice to the required election
15 authorities or post office branches will not invalidate the
16 annexation or disconnection. For purposes of this Section
17 "election authorities" means the county clerk where the clerk
18 acts as the clerk of elections or the clerk of the election
19 commission having jurisdiction.
20 No annexation, disconnection and annexation, or
21 disconnection under this Article of territory having electors
22 residing therein made (1) before any primary election to be
23 held within the municipality affected thereby and after the
24 time for filing petitions as a candidate for nomination to
25 any office to be chosen at the primary election or (2) within
26 60 days before any general election to be held within the
27 municipality shall be effective until the day after the date
28 of the primary or general election, as the case may be.
29 For the purpose of this Section, a toll highway or
30 connection between parcels via an overpass bridge over a toll
31 highway shall not be considered a deterrent to the definition
32 of contiguous territory.
33 When territory is proposed to be annexed by court order
34 under this Article, the corporate authorities or petitioners
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1 initiating the action shall notify each person who pays real
2 estate taxes on property within that territory unless the
3 person is a petitioner. The notice shall be served by
4 certified or registered mail, return receipt requested, at
5 least 20 days before a court hearing or other court action.
6 If the person who pays real estate taxes on the property is
7 not the owner of record, then the payor shall notify the
8 owner of record of the proposed annexation.
9 (Source: P.A. 89-388, eff. 1-1-96; 89-502, eff. 6-28-96;
10 89-666, eff. 8-14-96; 90-14, eff. 7-1-97.)".