101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4434

 

Introduced 2/3/2020, 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 bound 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.


LRB101 16107 AWJ 65470 b

 

 

A BILL FOR

 

HB4434LRB101 16107 AWJ 65470 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-15.1-2 and by adding Sections 7-1-1.5 and
611-15.1-2.2 as follows:
 
7    (65 ILCS 5/7-1-1.5 new)
8    Sec. 7-1-1.5. Validity of annexation; purposes of
9annexation.
10    (a) An annexation under this Division is valid if it meets
11the statutory requirements of this Article.
12    (b) It is declared a proper purpose for a municipality to
13seek the voluntary annexation of territory under any provision
14of this Article in order to: seek contiguity with other
15territory; or wholly bound other territory for the purpose of
16annexing that other territory under Section 7-1-13. However,
17the validity of an annexation cannot be contested based on the
18purpose of the annexation, the contents of any annexation
19agreement, or any factor other than what is statutorily
20required.
21    (c) This Section is declarative of existing law and shall
22not be construed as a new enactment.
 

 

 

HB4434- 2 -LRB101 16107 AWJ 65470 b

1    (65 ILCS 5/11-15.1-2)  (from Ch. 24, par. 11-15.1-2)
2    Sec. 11-15.1-2. Any such agreement may provide for the
3following as it relates to the land which is the subject of the
4agreement:
5    (a) The annexation of such territory to the municipality,
6subject to the provisions of Article 7 and the disconnection of
7such territory from the municipality.
8    (b) The continuation in effect, or amendment, or
9continuation in effect as amended, of any ordinance relating to
10subdivision controls, zoning, official plan, and building,
11housing and related restrictions; provided, however, that any
12public hearing required by law to be held before the adoption
13of any ordinance amendment provided in such agreement shall be
14held prior to the execution of the agreement, and all ordinance
15amendments provided in such agreement shall be enacted
16according to law.
17    (c) A limitation upon increases in permit fees required by
18the municipality.
19    (d) Contributions of either land or monies, or both, to any
20municipality and to other units of local government having
21jurisdiction over all or part of land that is the subject
22matter of any annexation agreement entered into under the
23provisions of this Section shall be deemed valid when made and
24shall survive the expiration date of any such annexation
25agreement with respect to all or any part of the land that was
26the subject matter of the annexation agreement.

 

 

HB4434- 3 -LRB101 16107 AWJ 65470 b

1    (e) The granting of utility franchises for such land.
2    (e-5) The abatement of property taxes.
3    (f) Any other matter not inconsistent with the provisions
4of this Code, nor forbidden by law.
5    Any action taken by the corporate authorities during the
6period such agreement is in effect, which, if it applied to the
7land which is the subject of the agreement, would be a breach
8of such agreement, shall not apply to such land without an
9amendment of such agreement.
10    After the effective term of any annexation agreement and
11unless otherwise provided for within the annexation agreement
12or an amendment to the annexation agreement, the provisions of
13any ordinance relating to the zoning of the land that is
14provided for within the agreement or an amendment to the
15agreement, shall remain in effect unless modified in accordance
16with law. This amendatory Act of 1995 is declarative of
17existing law and shall apply to all annexation agreements.
18(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14,
19eff. 7-1-97.)
 
20    (65 ILCS 5/11-15.1-2.2 new)
21    Sec. 11-15.1-2.2. Validity of annexation agreement;
22purposes of annexation agreement.
23    (a) An annexation agreement under this Division is valid if
24it meets the statutory requirements of this Division.
25    (b) It is declared a proper purpose for the corporate

 

 

HB4434- 4 -LRB101 16107 AWJ 65470 b

1authorities of a municipality to enter into an annexation
2agreement with any landowner in order to: seek contiguity with
3other territory; or wholly bound other territory for the
4purpose of annexing that other territory in any manner provided
5in Article 7. Unless the terms of the annexation agreement are
6inconsistent with the provisions of this Code, or are otherwise
7forbidden by law, the terms of the annexation agreement and the
8intentions of the parties to the annexation agreement may not
9be considered in determining compliance with this Code for
10annexation.
11    (c) This Section is declarative of existing law and shall
12not be construed as a new enactment.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.