HB3492 102ND GENERAL ASSEMBLY

LRB102 12548 AWJ 17886 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3492

Introduced 2/22/2021, by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

65 ILCS 5/7-1-1.5 new
65 ILCS 5/11-15.1-2	from Ch. 24, par. 11-15.1-2
65 ILCS 5/11-15.1-2.2 new

Amends the Illinois Municipal Code. Provides that annexations and annexation agreements are valid if they meet specified statutory requirements. Declares that it is a proper purpose for a municipality to seek the voluntary annexation of territory in order to: seek contiguity with other territory; or wholly bind other territory for the purpose of annexing that other territory. Provides that the validity of an annexation cannot be contested based on the purpose of the annexation, the contents of any annexation agreement, or any factor other than what is statutorily required. Requires an annexation agreement to include terms relating to disconnection of the territory from a municipality. Provides that, unless the terms of an annexation agreement are inconsistent with the provisions of the Illinois Municipal Code or are otherwise forbidden by law, the terms of the annexation agreement and the intentions of the parties to the annexation agreement may not be considered in determining compliance with the Code. 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 and by adding Sections 7-1-1.5 and 11-15.1-2.2 as follows:

(65 ILCS 5/7-1-1.5 new)

Sec. 7-1-1.5. Validity of annexation; purposes of annexation.

(a) An annexation under this Division is valid if it meets the statutory requirements of this Article.

(b) It is declared a proper purpose for a municipality to seek the voluntary annexation of territory under any provision of this Article in order to: seek contiguity with other territory; or wholly bind other territory for the purpose of annexing that other territory under Section 7-1-13. However, the validity of an annexation cannot be contested based on the purpose of the annexation, the contents of any annexation agreement, or any factor other than what is statutorily required.

(c) This Section is declarative of existing law and shall not be construed as a new enactment.

(65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)

Sec. 11-15.1-2. Any such agreement may provide for the following as it relates to the land which is the subject of the agreement:

(a) The annexation of such territory to the municipality, subject to the provisions of Article 7 and the disconnection of such territory from the municipality.

(b) The continuation in effect, or amendment, or continuation in effect as amended, of any ordinance relating to subdivision controls, zoning, official plan, and building, housing and related restrictions; provided, however, that any public hearing required by law to be held before the adoption of any ordinance amendment provided in such agreement shall be held prior to the execution of the agreement, and all ordinance amendments provided in such agreement shall be enacted according to law.

(c) A limitation upon increases in permit fees required by the municipality.

(d) Contributions of either land or monies, or both, to any municipality and to other units of local government having jurisdiction over all or part of land that is the subject matter of any annexation agreement entered into under the provisions of this Section shall be deemed valid when made and shall survive the expiration date of any such annexation agreement with respect to all or any part of the land that was the subject matter of the annexation agreement.

(e) The granting of utility franchises for such land.

(e-5) The abatement of property taxes.

(f) Any other matter not inconsistent with the provisions of this Code, nor forbidden by law.

Any action taken by the corporate authorities during the period such agreement is in effect, which, if it applied to the land which is the subject of the agreement, would be a breach of such agreement, shall not apply to such land without an amendment of such agreement.

After the effective term of any annexation agreement and unless otherwise provided for within the annexation agreement or an amendment to the annexation agreement, the provisions of any ordinance relating to the zoning of the land that is provided for within the agreement or an amendment to the agreement, shall remain in effect unless modified in accordance with law. This amendatory Act of 1995 is declarative of existing law and shall apply to all annexation agreements.

(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14, eff. 7-1-97.)

(65 ILCS 5/11-15.1-2.2 new)

Sec. 11-15.1-2.2. Validity of annexation agreement; purposes of annexation agreement.

(a) An annexation agreement under this Division is valid if it meets the statutory requirements of this Division.

(b) It is declared a proper purpose for the corporate authorities of a municipality to enter into an annexation agreement with any landowner in order to: seek contiguity with other territory; or wholly bind other territory for the purpose of annexing that other territory in any manner provided in Article 7. Unless the terms of the annexation agreement are inconsistent with the provisions of this Code, or are otherwise forbidden by law, the terms of the annexation agreement and the intentions of the parties to the annexation agreement may not be considered in determining compliance with this Code for annexation.

(c) This Section is declarative of existing law and shall not be construed as a new enactment.

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