Bill Amendment: IL HB2157 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MUNI-ANNEX CONTIGUOUS LAND
Status: 2019-03-29 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2157 Detail]
Download: Illinois-2019-HB2157-House_Amendment_001.html
Bill Title: MUNI-ANNEX CONTIGUOUS LAND
Status: 2019-03-29 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2157 Detail]
Download: Illinois-2019-HB2157-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 2157
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| 2 | AMENDMENT NO. ______. Amend House Bill 2157 by replacing | ||||||
| 3 | line 12 on page 2 through line 26 on page 5 with the following:
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| 4 | "(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13) | ||||||
| 5 | Sec. 7-1-13. Annexation. | ||||||
| 6 | (a) Whenever any unincorporated territory containing 60
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| 7 | acres or less, is wholly bounded by (a) one or more | ||||||
| 8 | municipalities, (b)
one or more municipalities and a creek in a | ||||||
| 9 | county with a population of
400,000 or more, or one or more | ||||||
| 10 | municipalities and a river or lake in any
county, (c) one or | ||||||
| 11 | more municipalities and the Illinois State
boundary, (d) except | ||||||
| 12 | as provided in item (h) of this subsection (a), one or more | ||||||
| 13 | municipalities and property owned by the
State of Illinois, | ||||||
| 14 | except highway right-of-way owned in fee by the State,
(e) one | ||||||
| 15 | or more municipalities and a forest preserve district or park | ||||||
| 16 | district,
(f) if the territory is a triangular parcel of less | ||||||
| 17 | than 10 acres, one or
more municipalities and an interstate | ||||||
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| 1 | highway owned in fee by the State and
bounded by a frontage | ||||||
| 2 | road, (g) one or more municipalities in a county with a | ||||||
| 3 | population of more than 800,000 inhabitants and less than | ||||||
| 4 | 2,000,000 inhabitants and either a railroad or operating | ||||||
| 5 | property, as defined in the Property Tax Code (35 ILCS | ||||||
| 6 | 200/11-70), being immediately adjacent to, but exclusive of | ||||||
| 7 | that railroad property, (h) one or more municipalities located | ||||||
| 8 | within a county with a population of more than 800,000 | ||||||
| 9 | inhabitants and less than 2,000,000 inhabitants and property | ||||||
| 10 | owned by the State, including without limitation a highway | ||||||
| 11 | right-of-way owned in fee by the State, or (i) one or more | ||||||
| 12 | municipalities and property on which a federally funded | ||||||
| 13 | research facility in excess of 2,000 acres is located, that | ||||||
| 14 | territory may be annexed
by any municipality by which it is | ||||||
| 15 | bounded in whole or in part,
by the passage of an ordinance to | ||||||
| 16 | that effect after notice is given as
provided in subsection (b) | ||||||
| 17 | of this Section. Land or property that is used for agricultural | ||||||
| 18 | purposes or to produce agricultural goods shall not be annexed | ||||||
| 19 | pursuant to item (g). Nothing in this Section shall subject any | ||||||
| 20 | railroad property to the zoning or jurisdiction of any | ||||||
| 21 | municipality annexing the property under this Section. The
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| 22 | ordinance shall describe the territory annexed and a copy | ||||||
| 23 | thereof together
with an accurate map of the annexed territory | ||||||
| 24 | shall be recorded in the
office of the recorder of the county | ||||||
| 25 | wherein the annexed territory is
situated and a document of | ||||||
| 26 | annexation shall be filed with the county clerk
and County | ||||||
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| 1 | Election Authority. Nothing in this Section shall be construed
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| 2 | as permitting a municipality to annex territory of a forest | ||||||
| 3 | preserve
district in a county with a population of 3,000,000 or | ||||||
| 4 | more without
obtaining the consent of the district pursuant to | ||||||
| 5 | Section 8.3 of the
Cook County Forest Preserve District Act nor | ||||||
| 6 | shall anything in this Section be construed as permitting a | ||||||
| 7 | municipality to annex territory owned by a park district | ||||||
| 8 | without obtaining the consent of the district pursuant to | ||||||
| 9 | Section 8-1.1 of the Park District Code. A municipality shall | ||||||
| 10 | not annex any territory pursuant to this Section that could not | ||||||
| 11 | be annexed to the municipality pursuant to this Section but for | ||||||
| 12 | the prior annexation of other territory pursuant to Section | ||||||
| 13 | 7-1-8 unless the prior annexation pursuant to Section 7-1-8 was | ||||||
| 14 | made solely for the benefit of the owners of record of the land | ||||||
| 15 | and was not made for the purpose of assisting the municipality | ||||||
| 16 | in annexing territory pursuant to this Section. | ||||||
| 17 | (b) The corporate authorities shall cause notice, stating | ||||||
| 18 | that annexation of the territory described in the notice is | ||||||
| 19 | contemplated under this Section, to be published once, in a | ||||||
| 20 | newspaper of general circulation within the territory to be | ||||||
| 21 | annexed, not less than 10 days before the passage of the | ||||||
| 22 | annexation ordinance, and for land annexed pursuant to item (g) | ||||||
| 23 | of subsection (a) of this Section, notice shall be given to the | ||||||
| 24 | impacted land owners. The corporate authorities shall also, not | ||||||
| 25 | less than 15 days before the passage of the annexation | ||||||
| 26 | ordinance, serve written notice, either in person or, at a | ||||||
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| 1 | minimum, by certified mail, on the taxpayer of record of the | ||||||
| 2 | proposed annexed territory as appears from the authentic tax | ||||||
| 3 | records of the county. When the territory to be annexed lies | ||||||
| 4 | wholly or partially within a township other than the township | ||||||
| 5 | where the municipality is situated, the annexing municipality | ||||||
| 6 | shall give at least 10 days prior written notice of the time
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| 7 | and place of the passage of the annexation ordinance to the | ||||||
| 8 | township
supervisor of the township where the territory to be | ||||||
| 9 | annexed lies. If the territory to be annexed lies within the | ||||||
| 10 | unincorporated area of a county, then the annexing municipality | ||||||
| 11 | shall give at least 10 days' prior written notice of the time
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| 12 | and place of the passage of the annexation ordinance to the | ||||||
| 13 | corporate authorities of the county where the territory to be | ||||||
| 14 | annexed lies. | ||||||
| 15 | (c) When notice is given as described in subsection (b) of | ||||||
| 16 | this Section, no other municipality may annex the proposed | ||||||
| 17 | territory for a period of 60 days from the date the notice is | ||||||
| 18 | mailed or delivered to the taxpayer of record unless that other | ||||||
| 19 | municipality has initiated annexation proceedings or a valid | ||||||
| 20 | petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | ||||||
| 21 | of this Code has been received by the municipality prior to the | ||||||
| 22 | publication and mailing of the notices required in subsection | ||||||
| 23 | (b). | ||||||
| 24 | (Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; | ||||||
| 25 | 96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff. | ||||||
| 26 | 8-19-11.)".
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