Bill Text: IL HB3851 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Township Code. Provides that the corporate authorities of a home rule municipality may, by resolution, provide that the municipality is organized as a coterminous city (currently, only a county board may organize territory into a coterminous city). Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3851 Detail]

Download: Illinois-2017-HB3851-Engrossed.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Township Code is amended by changing Section
515-10 and by adding Section 15-5.1 as follows:
6 (60 ILCS 1/15-5.1 new)
7 Sec. 15-5.1. Home rule municipality; organization of
8coterminous city.
9 (a) The corporate authorities of a home rule municipality
10in any county under township organization, by resolution, may
11provide that the municipality is organized into a new township
12under the name designated in a petition under subsection (b).
13The municipality shall be known as a coterminous city.
14 (b) The corporate authorities of a home rule municipality
15shall not take action under the provisions of subsection (a)
16unless a petition requesting that action, signed by at least
17200 voters of the municipality, has been presented to the
18corporate authorities of the municipality and the corporate
19authorities have held a public hearing on the petition. Notice
20of the hearing shall be published at least 3 times in a
21newspaper published in the municipality or, if there is none,
22in a newspaper published in the county and having a general
23circulation in the territory described in the petition. The

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1first notice shall be published at least 60 days before the
2date of the hearing.
3 (60 ILCS 1/15-10)
4 Sec. 15-10. Disconnection of territory from township;
5annexation to adjacent township. Until the effective date of
6this amendatory Act of 1997, whenever a township is organized
7under this Article and any of the territory of the city not
8more than one-half square mile in extent and containing not
9more than 50 inhabitants is disconnected from the city, the
10county board may, by resolution, upon receiving a certified
11copy of the resolution or ordinance of the city disconnecting
12the territory and after a public hearing on the matter
13following notice given as provided in Sections Section 15-5 or
1415-5.1, disconnect the territory from the township and annex it
15to an adjacent township or townships.
16 Whenever a township is organized under this Article and any
17of the territory of the city is, after the effective date of
18this amendatory Act of 1997, disconnected from the city by
19court order or ordinance, the territory shall automatically be
20disconnected from the otherwise coterminous township and
21connected to the adjacent township, and the transfer of the
22territory shall not affect the city's status as a city with a
23coterminous township. If disconnection is pursuant to court
24order, the petitioning party in the cause shall, within 30 days
25of the entry of an order permitting disconnection, serve a copy

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1of the order upon the coterminous township, the adjacent
2township, and the county clerk by certified mail, return
3receipt requested, and shall file proof of the service with the
4circuit clerk. Upon objection by either the coterminous
5township or the adjacent township within 180 days after the
6enactment of the ordinance or after service of the court order,
7the county board or the corporate authorities of a home rule
8municipality may, after receiving a certified copy of the court
9order or ordinance and after a public hearing on the matter
10following notice given as provided in Sections Section 15-5 or
1115-5.1, pass an ordinance annulling the automatic
12disconnection of territory from the coterminous township. The
13action by the county board or the corporate authorities of a
14home rule municipality shall not affect the disconnection of
15territory from the city, but shall cause the territory to
16remain in the coterminous township. The annulling by the county
17board or the corporate authorities of a home rule municipality
18of the automatic disconnection of territory from the
19coterminous township shall not affect the city's status as a
20city with a coterminous township.
21(Source: P.A. 90-481, eff. 8-17-97.)
22 Section 99. Effective date. This Act takes effect upon
23becoming law.
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