Full Text of HB4319 94th General Assembly
HB4319 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4319
Introduced 12/27/2005, by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
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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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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.
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A BILL FOR
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HB4319 |
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LRB094 15323 HLH 51416 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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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 Cook, Dekalb, DuPage, | 18 |
| Kane, Kendell, Lake, Madison, McHenry, St. Clair, McLean, | 19 |
| Tazewell, Will, and Winnebago Counties
(i) a county with a | 20 |
| population of more
than 3,000,000, (ii) a county that borders a | 21 |
| county with a population of
more than 3,000,000 or (iii) a | 22 |
| county with a population of more than
246,000 according to the | 23 |
| 1990 federal census and bordered by the Mississippi
River , | 24 |
| unless the parties to the annexation agreement have, at the
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| time the agreement is signed, ownership or control of all | 26 |
| property
that would make the property that is the subject of | 27 |
| the agreement contiguous
to the annexing municipality, in which | 28 |
| case the property that is the subject of
the annexation | 29 |
| agreement is subject to the police power, land use and other
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| ordinances, control, and
jurisdiction of the municipality in | 31 |
| all respects the same as property owned by
the municipality | 32 |
| that lies within its corporate limits.
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HB4319 |
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LRB094 15323 HLH 51416 b |
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| (c) This Section shall not apply to property that is not | 2 |
| contiguous to the annexing municipality unless (i) the annexing | 3 |
| municipality serves the property with at least one | 4 |
| municipally-owned utility or (ii) the annexation agreement | 5 |
| binds the annexing municipality to serve, and the municipality | 6 |
| does serve, the property with at least one municipally-owned | 7 |
| utility within 12 months after the execution of the agreement, | 8 |
| and the property is not more than 5 miles from the nearest | 9 |
| corporate boundary of the annexing municipality or (iii) the | 10 |
| property is within one mile of the nearest corporate boundary | 11 |
| of the annexing municipality.
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| For purposes of this Section, a "municipally-owned | 13 |
| utility" means a municipally-owned gas, water, or electric | 14 |
| service provider.
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| (d) This amendatory Act of the 94th General Assembly | 16 |
| applies to all existing annexation agreements, subject to the | 17 |
| 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 | 20 |
| becoming law.
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