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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | changing Section 11-15.1-2 and by adding Sections 7-1-1.5 and | ||||||
| 6 | 11-15.1-2.2 as follows: | ||||||
| 7 | (65 ILCS 5/7-1-1.5 new) | ||||||
| 8 | Sec. 7-1-1.5. Validity of annexation; purposes of | ||||||
| 9 | annexation. | ||||||
| 10 | (a) An annexation under this Division is valid if it meets | ||||||
| 11 | the statutory requirements of this Article. | ||||||
| 12 | (b) It is declared a proper purpose for a municipality to | ||||||
| 13 | seek the voluntary annexation of territory under any provision | ||||||
| 14 | of this Article in order to: seek contiguity with other | ||||||
| 15 | territory; or wholly bind other territory for the purpose of | ||||||
| 16 | annexing that other territory under Section 7-1-13. However, | ||||||
| 17 | the validity of an annexation cannot be contested based on the | ||||||
| 18 | purpose of the annexation, the contents of any annexation | ||||||
| 19 | agreement, or any factor other than what is statutorily | ||||||
| 20 | required. | ||||||
| 21 | (c) This Section is declarative of existing law and shall | ||||||
| 22 | not be construed as a new enactment.
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| 1 | (65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
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| 2 | Sec. 11-15.1-2.
Any such agreement may provide for the | ||||||
| 3 | following as it
relates to the land which is the subject of the | ||||||
| 4 | agreement:
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| 5 | (a) The annexation of such territory to the municipality, | ||||||
| 6 | subject to the
provisions of Article 7 and the disconnection | ||||||
| 7 | of such territory from the municipality.
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| 8 | (b) The continuation in effect, or amendment, or | ||||||
| 9 | continuation in effect
as amended, of any ordinance relating | ||||||
| 10 | to subdivision controls, zoning,
official plan, and building, | ||||||
| 11 | housing and related restrictions; provided,
however, that any | ||||||
| 12 | public hearing required by law to be held before the
adoption | ||||||
| 13 | of any ordinance amendment provided in such agreement shall be
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| 14 | held prior to the execution of the agreement, and all | ||||||
| 15 | ordinance amendments
provided in such agreement shall be | ||||||
| 16 | enacted according to law.
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| 17 | (c) A limitation upon increases in permit fees required by | ||||||
| 18 | the
municipality.
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| 19 | (d) Contributions of either land or monies, or both, to | ||||||
| 20 | any
municipality
and to other units of local government having
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| 21 | jurisdiction over all or part of land that is the subject | ||||||
| 22 | matter of any annexation agreement entered
into under the | ||||||
| 23 | provisions of this Section shall be deemed valid when made and
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| 24 | shall survive the expiration date of any such annexation | ||||||
| 25 | agreement with respect
to all or any part of the land that was | ||||||
| 26 | the subject matter of the annexation
agreement.
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| 1 | (e) The granting of utility franchises for such land.
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| 2 | (e-5) The abatement of property taxes.
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| 3 | (f) Any other matter not inconsistent with the provisions | ||||||
| 4 | of this Code,
nor forbidden by law.
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| 5 | Any action taken by the corporate authorities during the | ||||||
| 6 | period such
agreement is in effect, which, if it applied to the | ||||||
| 7 | land which is the
subject of the agreement, would be a breach | ||||||
| 8 | of such agreement, shall not
apply to such land without an | ||||||
| 9 | amendment of such agreement.
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| 10 | After the effective term of any annexation agreement and | ||||||
| 11 | unless otherwise
provided for within the annexation agreement | ||||||
| 12 | or an amendment to the annexation
agreement, the
provisions of | ||||||
| 13 | any ordinance relating to the zoning of the land that is
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| 14 | provided for within the agreement or an amendment to the | ||||||
| 15 | agreement, shall
remain in effect unless modified in
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| 16 | accordance with law. This amendatory Act of 1995 is | ||||||
| 17 | declarative of existing
law and shall apply to all annexation | ||||||
| 18 | agreements.
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| 19 | (Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14, | ||||||
| 20 | eff.
7-1-97.)
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| 21 | (65 ILCS 5/11-15.1-2.2 new) | ||||||
| 22 | Sec. 11-15.1-2.2. Validity of annexation agreement; | ||||||
| 23 | purposes of annexation agreement. | ||||||
| 24 | (a) An annexation agreement under this Division is valid | ||||||
| 25 | if it meets the statutory requirements of this Division. | ||||||
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| 1 | (b) It is declared a proper purpose for the corporate | ||||||
| 2 | authorities of a municipality to enter into an annexation | ||||||
| 3 | agreement with any landowner in order to: seek contiguity with | ||||||
| 4 | other territory; or wholly bind other territory for the | ||||||
| 5 | purpose of annexing that other territory in any manner | ||||||
| 6 | provided in Article 7.
Unless the terms of the annexation | ||||||
| 7 | agreement are inconsistent with the provisions of this Code, | ||||||
| 8 | or are otherwise forbidden by law, the terms of the annexation | ||||||
| 9 | agreement and the intentions of the parties to the annexation | ||||||
| 10 | agreement may not be considered in determining compliance with | ||||||
| 11 | this Code for annexation. | ||||||
| 12 | (c) This Section is declarative of existing law and shall | ||||||
| 13 | not be construed as a new enactment.
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| 14 | Section 99. Effective date. This Act takes effect upon | ||||||
| 15 | becoming law.
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