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| 1 | AMENDMENT TO HOUSE BILL 1389
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| 2 | AMENDMENT NO. ______. Amend House Bill 1389 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | changing Section 11-15.1-2.1 as follows:
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| 6 | (65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)
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| 7 | Sec. 11-15.1-2.1. Annexation agreement; municipal | ||||||
| 8 | jurisdiction.
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| 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.
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| 17 | (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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| 23 | 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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| 1 | 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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| 21 | (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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| 24 | (Source: P.A. 87-1137.)
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| 25 | Section 99. Effective date. This Act takes effect upon | ||||||
| 26 | becoming law.".
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