A. Application: This section shall apply to and regulate annexations that are initiated by the property owners and electors of property proposed to be annexed 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 section pursuant to 65 Illinois Compiled Statutes 5/7-1-1 et seq.
C. Initiation Of Annexation: Property owners and electors of unincorporated property may initiate the annexation of property into the village by one of the following procedures:
1. Court supervised petition for annexation initiated by owner and electors in unincorporated territory: This method of annexation is applicable when owners and electors present a petition for annexation to the McLean County circuit court 1 . Requirements and procedures are as follows:
a. The petition must:
(1) Be signed by a majority of the owners of record of land in the territory;
(2) Be signed by a majority of the electors, if any, residing in the territory;
(3) Contain a description of the territory to be annexed;
(4) Allege that the territory is contiguous and is "not within the corporate limits of any municipality";
(5) Request annexation into the village;
(6) Request the circuit court to submit the question of annexation to the village board of trustees 2 ;
(7) Be filed with the appropriate fee to the McLean County circuit clerk; and
(8) Have an affidavit executed by at least one petitioner attached to the petition which verifies that the petition has been signed by the requisite property owners and electors.
b. The court will select a hearing date after the petition is filed.
c. The hearing date, along with a description of the territory in the petition, shall be held.
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 3 .
(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. 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 petition is deemed valid, the court must forward a certified copy of the order validating the petition to the village for consideration 6 .
g. If a majority of the members of the board of trustees then holding office approves the annexation by majority vote, the annexation becomes effective after thirty (30) days from the vote unless a referendum is requested 7 .
h. A referendum may be petitioned by the village board of trustees or can be required by a petition signed by ten percent (10%) of the number of voters voting in the last election for the mayor of the village 8 . The decision of voters in the referendum is final, regardless of action taken by the board of trustees.
i. If the annexation is approved, the filings set forth in subsection 13-1-3E of this chapter must be filed with the McLean County recorder's office.
2. Noncourt controlled annexation - voluntary nonelective method of annexation: This method of annexation is applicable when owners and electors present a petition for annexation to the village board of trustees 9 . Requirements and procedures are as follows:
a. The petition:
(1) Must be signed by all of the owners of record of land in the territory;
(2) Shall state that no electors reside therein or that at least fifty one percent (51%) of such electors residing therein join in the petition;
(3) Must be signed by at least fifty one percent (51%) of the electors, if any, residing in the territory;
(4) Must contain a description of the territory to be annexed;
(5) Must allege that the territory is contiguous and is "not within the corporate limits of any municipality";
(6) Must request annexation into the village;
(7) Must be attested to under oath by the petitioner; and
(8) Must be filed with the village clerk for vote by the village board of trustees.
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) (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.
(3) State that the property to be annexed is contiguous and "not within the corporate limits of any municipality" 11 .
d. If a majority of the members of the board of trustees then holding office approves the annexation by majority vote, the annexation becomes effective after the filings set forth in subsection 13-1-3E of this chapter are filed with the McLean County recorder's office.
3. Voluntary, nonelective method of annexation of territory surrounded by two (2) or more municipalities: This method of annexation is applicable when the village enacts an ordinance to annex unincorporated property that is surrounded by two (2) or more municipalities 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.
a. Requirements: The board of trustees may adopt an ordinance that annexes property that is surrounded by two (2) or more municipalities into the village if:
(1) The majority of the property owners of the property to be annexed sign a petition for annexation on a petition provided by the village.
(2) The public hearing as is required herein is held at least ten (10) days prior to passage of the annexation ordinance.
(3) The property being annexed, if annexed, does not increase the territory of the village by more than one-third (1/3) of the village's preannexation territory size 12 .
b. Procedure:
(1) The petition:
(A) Must be signed by all of the owners of record of land in the territory;
(B) Shall state that no electors reside therein or that at least fifty one percent (51%) of such electors residing therein join in the petition;
(C) Must be signed by at least fifty one percent (51%) of the electors, if any, residing in the territory;
(D) Must contain a description of the territory to be annexed;
(E) Must allege that the territory is contiguous and is "not within the corporate limits of any municipality";
(F) Must request annexation into the village;
(G) Must be attested to under oath by the petitioner; and
(H) Must be filed with the village clerk for vote by the village board of trustees.
(2) Notice of the proposed annexation by the village must:
(A) 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.
(B) 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.
(C) Be served on all fire protection trustees as required in section 13-1-3 of this chapter.
(D) Be served on all library district trustees of the property to be annexed as required in section 13-1-3 of this chapter.
(E) Be served on any township commissioner of highways as required in section 13-1-3 of this chapter.
(F) Be served on all board of town trustees as required in section 13-1-3 of this chapter.
(G) (i) State that the village intends to annex the property into the village;
(ii) Give a description of the territory to be annexed;
(iii) State the date, time and place of when the proposed annexation ordinance will be voted upon; and
(iv) 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 13 .
(3) The annexation ordinance enacted by the village for the purpose of annexing unincorporated territory into the village must:
(A) Express the village's desire to annex property into the village.
(B) 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.
(C) State that the property to be annexed is contiguous and "not within the corporate limits of any municipality" 14 .
(4) If a majority of the members of the board of trustees then holding office approves the annexation by majority vote, the annexation becomes effective after the filings set forth in subsection 13-1-3E of this chapter are filed with the McLean County recorder's office. (Ord. 2009-113, 9-21-2009)
Notes
| 1 | 1. 65 ILCS 5/7-1-1 et seq. |
| 2 | 2. 65 ILCS 5/7-1-2(a). |
| 3 | 3. 65 ILCS 5/7-1-1. |
| 4 | 1. 65 ILCS 5/7-1-2(b). |
| 5 | 2. 65 ILCS 5/7-1-3, 5/7-1-4. |
| 6 | 3. 65 ILCS 5/7-1-5. |
| 7 | 4. 65 ILCS 5/7-1-7(b). |
| 8 | 5. 65 ILCS 5/7-1-6(b). |
| 9 | 1. 65 ILCS 5/7-1-8. |
| 10 | 1. 65 ILCS 5/7-1-1. |
| 11 | 2. 65 ILCS 5/7-1-1. |
| 12 | 1. 65 ILCS 5/7-1-12. |
| 13 | 1. 65 ILCS 5/7-1-1. |
| 14 | 1. 65 ILCS 5/7-1-1. |
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