Full Text of HB1389 94th General Assembly
HB1389ham001 94TH GENERAL ASSEMBLY
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Local Government Committee
Filed: 3/2/2005
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09400HB1389ham001 |
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LRB094 07871 LCB 42833 a |
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| AMENDMENT TO HOUSE BILL 1389
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| AMENDMENT NO. ______. Amend House Bill 1389 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-15.1-2.1 as follows:
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| (65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)
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| Sec. 11-15.1-2.1. Annexation agreement; municipal | 8 |
| jurisdiction.
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| (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.
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| (b) This Section shall not apply in
(i) a county with a | 18 |
| population of more
than 3,000,000, (ii) a county that borders a | 19 |
| county with a population of
more than 3,000,000 or (iii) a | 20 |
| county with a population of more than
246,000 according to the | 21 |
| 1990 federal census and bordered by the Mississippi
River, | 22 |
| unless the parties to the annexation agreement have, at the
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| time the agreement is signed, ownership or control of all | 24 |
| property
that would make the property that is the subject of |
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LRB094 07871 LCB 42833 a |
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| the agreement contiguous
to the annexing municipality, in which | 2 |
| case the property that is the subject of
the annexation | 3 |
| agreement is subject to the police power, land use and other | 4 |
| ordinances, control, and
jurisdiction of the municipality in | 5 |
| all respects the same as property owned by
the municipality | 6 |
| that lies within its corporate limits. | 7 |
| (c) This Section shall not apply to areas that are not | 8 |
| contiguous to the annexing municipality unless (i) the annexing | 9 |
| municipality serves the area with at least one | 10 |
| municipally-owned utility or the annexation agreement binds | 11 |
| the annexing municipality to serve, and the municipality does | 12 |
| serve, the area with at least one municipally-owned utility | 13 |
| within 12 months of the execution of the agreement, and the | 14 |
| area is not more than 5 miles from the nearest corporate | 15 |
| boundary of the annexing municipality or (ii) the area is | 16 |
| within one mile of the nearest corporate boundary of the | 17 |
| annexing municipality. | 18 |
| For purposes of this Section, a "municipally-owned | 19 |
| utility" means a municipally-owned gas, water, or electric | 20 |
| service provider.
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| (d) This amendatory Act of the 94th General Assembly | 22 |
| applies to all existing annexation agreements, subject to the | 23 |
| vested rights of parties to existing annexation agreements.
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| (Source: P.A. 87-1137.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.".
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