A. Application: This chapter shall apply to and regulate annexations that are initiated by the village for the purpose of annexing property into the village.
B. Authority: The board of trustees may annex property into the village by passage of an ordinance and in accordance with applicable state statutes and the requirements established in this chapter pursuant to 65 Illinois Compiled Statutes 7-1-1 et seq.
C. Initiation Of Annexation: The village may initiate the annexation of property into the village by one of the following procedures:
1. Court supervised annexation initiated by the village with an election in territory to be annexed: This method of annexation is applicable when the village enacts an ordinance to annex unincorporated property into the village and submits the annexation ordinance to the circuit court of the county in which the majority of the property to be annexed lies. Requirements and procedures are as follows:
a. The annexation ordinance enacted by the village for the purpose of annexing unincorporated territory into the village must:
(1) Express the village's desire to annex property into the village.
(2) Provide the legal descriptions, parcel numbers and common addresses of the property to be annexed.
(3) State that the property to be annexed is contiguous and "not within the corporate limits of any municipality" 1 .
(4) State that the property to be annexed does not include territory that is in excess of ten (10) acres of land unless:
(A) The village has written consent from the owner(s) of record;
(B) The territory is subdivided; or
(C) The territory is bounded on three (3) sides by lands subdivided into lots or blocks or, if separated from such lands, by the right of way of railroads or other public utility or public highway.
(5) Request that a judge of the circuit court of the county in which the majority of the property to be annexed lies submit the question of the annexation to the electors of the unincorporated territory 2 .
(6) Have an affidavit attached stating that notice has been served on all appropriate parties.
b. The annexation ordinance and applicable filing fee shall be filed with the circuit court of the county in which the majority of the property to be annexed lies 3 .
c. The court will select a hearing date that is not less than twenty (20) nor more than thirty (30) days from the date when the ordinance is filed.
d. Notice of hearing must:
(1) Be served by certified or registered mail at least twenty (20) days prior to the hearing on each person who pays real estate taxes on property within the territory to be annexed unless the person is a petitioner 4 .
(2) Be published in a newspaper of general circulation in the village and in the territory to be annexed not less than fifteen (15) days nor more than thirty (30) days before the hearing.
(3) Be served on all fire protection trustees as required in section 13-1-3 of this chapter.
(4) Be served on all library district trustees of the property to be annexed as required in section 13-1-3 of this chapter.
(5) Be served on any township commissioner of highways as required in section 13-1-3 of this chapter.
(6) Be served on all board of town trustees as required in section 13-1-3 of this chapter.
(7) (A) State that the ordinance has been filed;
(B) Give a description of the territory to be annexed;
(C) State the village's desire to annex the property into the village;
(D) State the hearing date and location; and
(E) Be filed with the village clerk.
e. The circuit court shall consider the validity of the petition after removing any applicable property at the periphery of the territory to be annexed 5 .
f. If the ordinance is deemed valid, the court shall enter an order directing the submission of a question of annexation of the unincorporated territory to the electors thereof at an election in accordance with general election law 6 .
g. If a majority of the electors approve the annexation at the election, the annexation is approved 7 .
h. If the annexation is approved, the following must be filed with the office of the recorder of the county in which the annexed property is located and with the McLean County recorder's office within ninety (90) days after the annexation is approved:
(1) A certified copy of the annexation ordinance;
(2) An accurate map of the annexed territory; and
(3) A plat of the annexed property prepared by a registered land surveyor or the village engineer 8 .
2. Nonvoluntary, nonelective method of annexation - forced annexations: This method of annexation is applicable when the village enacts an ordinance to annex unincorporated property into the village that is surrounded or nearly surrounded territory that is under sixty (60) acres. Requirements and procedures are as follows:
a. Territory that can be annexed by this method must have the following characteristics:
(1) It must be sixty (60) acres in size or less.
(2) It must be wholly bounded by the village pursuant to section 7-1-13 of the Illinois municipal code 9 .
b. Notice of the proposed annexation by the village must:
(1) Be served by certified or registered mail or in person not less than fifteen (15) days prior to passage of the annexation ordinance to the taxpayers of record in the territory to be annexed;
(2) Be published in a newspaper of general circulation in the village and in the territory to be annexed not less than ten (10) days prior to passage of the annexation ordinance;
(3) Be served on all fire protection trustees as required in section 13-1-3 of this chapter;
(4) Be served on all library district trustees of the property to be annexed as required in section 13-1-3 of this chapter;
(5) Be served on any township commissioner of highways as required in section 13-1-3 of this chapter;
(6) Be served on all board of town trustees as required in section 13-1-3 of this chapter;
(7) Be served by certified or registered mail at least ten (10) days prior to passage of the annexation ordinance to the township supervisor of the township in which the territory to be annexed lies if the territory to be annexed lies wholly or partially within a township other than Randolph Township; and
(8) (A) State that the village intends to annex the property into the village;
(B) Give a description of the territory to be annexed;
(C) State the date, time and place of when the proposed annexation ordinance will be voted upon; and
(D) Be filed with the village clerk.
After notice has been served on all parties required by law, an affidavit that the required notice has been made must be filed with the recorder of the county in which the land is situated 10 .
c. The annexation ordinance enacted by the village for the purpose of annexing unincorporated territory into the village must:
(1) Express the village's desire to annex property into the village;
(2) Provide the legal descriptions, which must include the far side of any adjacent highway and all of every highway within the area to be annexed, parcel numbers and common addresses of the property to be annexed; and
(3) State that the property to be annexed is contiguous and "not within the corporate limits of any municipality" 11 .
d. After passage of the annexation ordinance, the village clerk or designee must, within ninety (90) days of passage, file the following documents with the McLean County recorder's office:
(1) A certified copy of the annexation ordinance;
(2) An accurate map of the territory annexed; and
(3) A plat of the annexed property prepared by a registered land surveyor or the village engineer 12 .
3. Annexation of property owned by a public body: This method of annexation is applicable when the village annexes property owned by a public body.
a. Property Owned By The State:
(1) The village may annex property owned by the state of Illinois or any of its boards, agencies or commissions if:
(A) The village passes an ordinance annexing the property; and
(B) The governor of the state of Illinois or the governing authority of the particular state board, agency, or commission approves the annexation ordinance.
(2) These requirements do not apply to annexations of state highways located within other territory to be annexed 13 .
b. Property Owned By The Village:
(1) Property owned by the village can be annexed by passage of an ordinance annexing the property if:
(A) The property is contiguous;
(B) The property is uninhabited; and
(2) After passage of the annexation ordinance, the village clerk or designee, within ninety (90) days of passage, must:
(A) File the following documents with the McLean County recorder's office:
(i) A certified copy of the annexation ordinance;
(ii) An accurate map of the territory annexed; and
(iii) A plat of the annexed property prepared by a registered land surveyor or the village engineer 15 ;
(B) File the annexation ordinance with the McLean County clerk; and
(C) File the annexation ordinance with the McLean County election authority.
c. Property Used For Highway Purposes: A highway right of way under the jurisdiction of the Illinois department of transportation or of a county or township highway department may annex property into the village by passage of an ordinance annexing the property 16 . After passage of the annexation ordinance, the village clerk or designee, within ninety (90) days of passage, must:
(1) File the following documents with the McLean County recorder's office:
(A) A certified copy of the annexation ordinance;
(B) An accurate map of the territory annexed; and
(C) A plat of the annexed property prepared by a registered land surveyor or the village engineer 17 ;
(2) File the annexation ordinance with the McLean County clerk; and
(3) File the annexation ordinance with the McLean County election authority.
d. Property Owned By A School District:
(A) The board of directors or board of education of the school district first passes a resolution requesting annexation to the village; and
(B) The board of trustees, by a majority vote of the board then holding office, enacts an ordinance providing for the annexation of the property.
(2) After passage of the annexation ordinance, the village clerk or designee, within ninety (90) days of passage, must file the following documents with the McLean County recorder's office:
(A) A certified copy of the annexation ordinance;
(B) An accurate map of the territory annexed; and
(C) A plat of the annexed property prepared by a registered land surveyor or the village engineer 19 . (Ord. 2009-113, 9-21-2009)
Notes
| 1 | 2. 65 ILCS 5/7-1-1. |
| 2 | 1. 65 ILCS 5/7-1-2(a). |
| 3 | 2. 65 ILCS 5/7-1-2(c). |
| 4 | 3. 65 ILCS 5/7-1-1. |
| 5 | 1. 65 ILCS 5/7-1-3, 5/7-1-4. |
| 6 | 2. 65 ILCS 5/7-1-7(a). |
| 7 | 3. 65 ILCS 5/7-1-7(b). |
| 8 | 4. 765 ILCS 205/1.02. |
| 9 | 1. 65 ILCS 5/7-1-13. |
| 10 | 2. 65 ILCS 5/7-1-1. |
| 11 | 1. 65 ILCS 5/7-1-1. |
| 12 | 2. 765 ILCS 205/1.02. |
| 13 | 3. 65 ILCS 5/7-1-2(f). |
| 14 | 1. 65 ILCS 5/7-1-9. |
| 15 | 2. 765 ILCS 205/1.02. |
| 16 | 3. 65 ILCS 5/7-1-10. |
| 17 | 4. 765 ILCS 205/1.02. |
| 18 | 1. 65 ILCS 5/7-1-14. |
| 19 | 2. 765 ILCS 205/1.02. |
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