HB1389ham001 94TH GENERAL ASSEMBLY

Local Government Committee

Filed: 3/2/2005

09400HB1389ham001 LRB094 07871 LCB 42833 a

AMENDMENT TO HOUSE BILL 1389

AMENDMENT NO. ______. Amend House Bill 1389 by replacing everything after the enacting clause with the following:

"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 (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 areas that are not contiguous to the annexing municipality unless (i) the annexing municipality serves the area with at least one municipally-owned utility or the annexation agreement binds the annexing municipality to serve, and the municipality does serve, the area with at least one municipally-owned utility within 12 months of the execution of the agreement, and the area is not more than 5 miles from the nearest corporate boundary of the annexing municipality or (ii) the area 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.".