HB4319 94TH GENERAL ASSEMBLY

LRB094 15323 HLH 51416 b

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.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Section 11-15.1-2.1 as follows:

(65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)

Sec. 11-15.1-2.1. Annexation agreement; municipal jurisdiction.

(a) Property that is the subject of an annexation agreement adopted under this Division is subject to the police power, land use and other ordinances, control, and jurisdiction of the annexing municipality in all respects the same as property that lies within the annexing municipality's corporate limits. The ordinances, control, and jurisdiction of the annexing municipality shall divest those of other units of government having or claiming prior jurisdiction.

(b) This Section shall not apply in Cook, Dekalb, DuPage, Kane, Kendell, Lake, Madison, McHenry, St. Clair, McLean, Tazewell, Will, and Winnebago Counties (i) a county with a population of more than 3,000,000, (ii) a county that borders a county with a population of more than 3,000,000 or (iii) a county with a population of more than 246,000 according to the 1990 federal census and bordered by the Mississippi River, unless the parties to the annexation agreement have, at the time the agreement is signed, ownership or control of all property that would make the property that is the subject of the agreement contiguous to the annexing municipality, in which case the property that is the subject of the annexation agreement is subject to the police power, land use and other ordinances, control, and jurisdiction of the municipality in all respects the same as property owned by the municipality that lies within its corporate limits.

(c) This Section shall not apply to property that is not contiguous to the annexing municipality unless (i) the annexing municipality serves the property with at least one municipally-owned utility or (ii) the annexation agreement binds the annexing municipality to serve, and the municipality does serve, the property with at least one municipally-owned utility within 12 months after the execution of the agreement, and the property is not more than 5 miles from the nearest corporate boundary of the annexing municipality or (iii) the property is within one mile of the nearest corporate boundary of the annexing municipality.

For purposes of this Section, a "municipally-owned utility" means a municipally-owned gas, water, or electric service provider.

(d) This amendatory Act of the 94th General Assembly applies to all existing annexation agreements, subject to the vested rights of parties to existing annexation agreements.

(Source: P.A. 87-1137.)

Section 99. Effective date. This Act takes effect upon becoming law.