94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4319

 

Introduced 12/27/2005, by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-15.1-2.1   from Ch. 24, par. 11-15.1-2.1

    Amends the Illinois Municipal Code. Provides that property to be annexed under an annexation agreement is subject to the police power, land use and other ordinances, control, and jurisdiction (now, ordinances, control, and jurisdiction) of the annexing municipality. Provides that the ordinances, control, and jurisdiction of the annexing municipality divest any other unit of government of jurisdiction that the unit has or claims to have over the property. Provides that the Section does not apply if the property is not contiguous to the municipality, unless (i) the municipality serves the property with a municipality-owned utility or (ii) in the annexation agreement concerning property within 5 miles of the municipality, the municipality commits to extend within one year a municipally-owned utility to the property, and the municipality complies or (iii) the property is within one mile of the municipality. Also provides exceptions for certain specified counties. The changes apply to all existing annexation agreements, subject to the vested rights of parties to the existing annexation agreements. Effective immediately.


LRB094 15323 HLH 51416 b

 

 

A BILL FOR

 

HB4319 LRB094 15323 HLH 51416 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-15.1-2.1 as follows:
 
6     (65 ILCS 5/11-15.1-2.1)  (from Ch. 24, par. 11-15.1-2.1)
7     Sec. 11-15.1-2.1. Annexation agreement; municipal
8 jurisdiction.
9     (a) Property that is the subject of an annexation agreement
10 adopted under this Division is subject to the police power,
11 land use and other ordinances, control, and jurisdiction of the
12 annexing municipality in all respects the same as property that
13 lies within the annexing municipality's corporate limits. The
14 ordinances, control, and jurisdiction of the annexing
15 municipality shall divest those of other units of government
16 having or claiming prior jurisdiction.
17     (b) This Section shall not apply in Cook, Dekalb, DuPage,
18 Kane, Kendell, Lake, Madison, McHenry, St. Clair, McLean,
19 Tazewell, Will, and Winnebago Counties (i) a county with a
20 population of more than 3,000,000, (ii) a county that borders a
21 county with a population of more than 3,000,000 or (iii) a
22 county with a population of more than 246,000 according to the
23 1990 federal census and bordered by the Mississippi River,
24 unless the parties to the annexation agreement have, at the
25 time the agreement is signed, ownership or control of all
26 property that would make the property that is the subject of
27 the agreement contiguous to the annexing municipality, in which
28 case the property that is the subject of the annexation
29 agreement is subject to the police power, land use and other
30 ordinances, control, and jurisdiction of the municipality in
31 all respects the same as property owned by the municipality
32 that lies within its corporate limits.

 

 

HB4319 - 2 - LRB094 15323 HLH 51416 b

1     (c) This Section shall not apply to property that is not
2 contiguous to the annexing municipality unless (i) the annexing
3 municipality serves the property with at least one
4 municipally-owned utility or (ii) the annexation agreement
5 binds the annexing municipality to serve, and the municipality
6 does serve, the property with at least one municipally-owned
7 utility within 12 months after the execution of the agreement,
8 and the property is not more than 5 miles from the nearest
9 corporate boundary of the annexing municipality or (iii) the
10 property is within one mile of the nearest corporate boundary
11 of the annexing municipality.
12     For purposes of this Section, a "municipally-owned
13 utility" means a municipally-owned gas, water, or electric
14 service provider.
15     (d) This amendatory Act of the 94th General Assembly
16 applies to all existing annexation agreements, subject to the
17 vested rights of parties to existing annexation agreements.
18 (Source: P.A. 87-1137.)
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.