96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1003

 

Introduced 2/10/2009, by Rep. Raymond Poe

 

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, except for property located in certain counties, if property that is the subject of an annexation agreement is located more than 1.5 miles from the corporate boundaries of the annexing municipality, that property is subject to the ordinances, control, and jurisdiction of the annexing municipality unless the county board retains jurisdiction by the affirmative vote of two-thirds of its members (now, the county board may retain jurisdiction in Boone, DeKalb, Grundy, Kankakee, Kendall, LaSalle, Ogle, or Winnebago County). Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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) Except as provided in subsections (b) and (c), property
10 that is the subject of an annexation agreement adopted under
11 this Division is subject to the ordinances, control, and
12 jurisdiction of the annexing municipality in all respects the
13 same as property that lies within the annexing municipality's
14 corporate limits.
15     (b) This Section shall not apply in (i) a county with a
16 population of more than 3,000,000, (ii) a county that borders a
17 county with a population of more than 3,000,000 or (iii) a
18 county with a population of more than 246,000 according to the
19 1990 federal census and bordered by the Mississippi River,
20 unless the parties to the annexation agreement have, at the
21 time the agreement is signed, ownership or control of all
22 property that would make the property that is the subject of
23 the agreement contiguous to the annexing municipality, in which

 

 

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1 case the property that is the subject of the annexation
2 agreement is subject to the ordinances, control, and
3 jurisdiction of the municipality in all respects the same as
4 property owned by the municipality that lies within its
5 corporate limits.
6     (b-5) The limitations of item (iii) of subsection (b) do
7 not apply to property that is the subject of an annexation
8 agreement adopted under this Division within one year after the
9 effective date of this amendatory Act of the 95th General
10 Assembly with a coterminous home rule municipality, as of June
11 1, 2009, that borders the Mississippi River, in a county with a
12 population in excess of 258,000, according to the 2000 federal
13 census, if all such agreements entered into by the municipality
14 pertain to parcels that comprise a contiguous area of not more
15 than 120 acres in the aggregate.
16     (c) Except for property located in a county referenced in
17 subsection (b) of this Section, if property that is the subject
18 of an annexation agreement In the case of property that is
19 located in Boone, DeKalb, Grundy, Kankakee, Kendall, LaSalle,
20 Ogle, or Winnebago County, if the property that is the subject
21 of an annexation agreement is located within 1.5 miles of the
22 corporate boundaries of the municipality, that property is
23 subject to the ordinances, control, and jurisdiction of the
24 annexing municipality. If the property is located more than 1.5
25 miles from the corporate boundaries of the annexing
26 municipality, that property is subject to the ordinances,

 

 

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1 control, and jurisdiction of the annexing municipality unless
2 the county board retains jurisdiction by the affirmative vote
3 of two-thirds of its members.
4     (d) If the county board retains jurisdiction under
5 subsection (c) of this Section, the annexing municipality may
6 file a request for jurisdiction with the county board on a case
7 by case basis. If the county board agrees by the affirmative
8 vote of a majority of its members, then the property covered by
9 the annexation agreement shall be subject to the ordinances,
10 control, and jurisdiction of the annexing municipality.
11 (Source: P.A. 95-175, eff. 1-1-08; 95-922, eff. 8-26-08.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.