Full Text of SB0658 102nd General Assembly
SB0658eng 102ND GENERAL ASSEMBLY |
| | SB0658 Engrossed | | LRB102 11452 AWJ 16786 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-15.1-2 and by adding Sections 7-1-1.5 and | 6 | | 11-15.1-2.2 as follows: | 7 | | (65 ILCS 5/7-1-1.5 new) | 8 | | Sec. 7-1-1.5. Validity of annexation; purposes of | 9 | | annexation. | 10 | | (a) An annexation under this Division is valid if it meets | 11 | | the statutory requirements of this Article. | 12 | | (b) It is declared a proper purpose for a municipality to | 13 | | seek the voluntary annexation of territory under any provision | 14 | | of this Article in order to: seek contiguity with other | 15 | | territory; or wholly bind other territory for the purpose of | 16 | | annexing that other territory under Section 7-1-13. However, | 17 | | the validity of an annexation cannot be contested based on the | 18 | | purpose of the annexation, the contents of any annexation | 19 | | agreement, or any factor other than what is statutorily | 20 | | required. | 21 | | (c) This Section is declarative of existing law and shall | 22 | | not be construed as a new enactment.
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| 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 | 3 | | following as it
relates to the land which is the subject of the | 4 | | agreement:
| 5 | | (a) The annexation of such territory to the municipality, | 6 | | subject to the
provisions of Article 7 and the disconnection | 7 | | of such territory from the municipality .
| 8 | | (b) The continuation in effect, or amendment, or | 9 | | continuation in effect
as amended, of any ordinance relating | 10 | | to subdivision controls, zoning,
official plan, and building, | 11 | | housing and related restrictions; provided,
however, that any | 12 | | public hearing required by law to be held before the
adoption | 13 | | of any ordinance amendment provided in such agreement shall be
| 14 | | held prior to the execution of the agreement, and all | 15 | | ordinance amendments
provided in such agreement shall be | 16 | | enacted according to law.
| 17 | | (c) A limitation upon increases in permit fees required by | 18 | | the
municipality.
| 19 | | (d) Contributions of either land or monies, or both, to | 20 | | any
municipality
and to other units of local government having
| 21 | | jurisdiction over all or part of land that is the subject | 22 | | matter of any annexation agreement entered
into under the | 23 | | provisions of this Section shall be deemed valid when made and
| 24 | | shall survive the expiration date of any such annexation | 25 | | agreement with respect
to all or any part of the land that was | 26 | | the subject matter of the annexation
agreement.
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| 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 | 4 | | of this Code,
nor forbidden by law.
| 5 | | Any action taken by the corporate authorities during the | 6 | | period such
agreement is in effect, which, if it applied to the | 7 | | land which is the
subject of the agreement, would be a breach | 8 | | of such agreement, shall not
apply to such land without an | 9 | | amendment of such agreement.
| 10 | | After the effective term of any annexation agreement and | 11 | | unless otherwise
provided for within the annexation agreement | 12 | | or an amendment to the annexation
agreement, the
provisions of | 13 | | any ordinance relating to the zoning of the land that is
| 14 | | provided for within the agreement or an amendment to the | 15 | | agreement, shall
remain in effect unless modified in
| 16 | | accordance with law. This amendatory Act of 1995 is | 17 | | declarative of existing
law and shall apply to all annexation | 18 | | agreements.
| 19 | | (Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14, | 20 | | eff.
7-1-97.)
| 21 | | (65 ILCS 5/11-15.1-2.2 new) | 22 | | Sec. 11-15.1-2.2. Validity of annexation agreement; | 23 | | purposes of annexation agreement. | 24 | | (a) An annexation agreement under this Division is valid | 25 | | if it meets the statutory requirements of this Division. |
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| 1 | | (b) It is declared a proper purpose for the corporate | 2 | | authorities of a municipality to enter into an annexation | 3 | | agreement with any landowner in order to: seek contiguity with | 4 | | other territory; or wholly bind other territory for the | 5 | | purpose of annexing that other territory in any manner | 6 | | provided in Article 7.
Unless the terms of the annexation | 7 | | agreement are inconsistent with the provisions of this Code, | 8 | | or are otherwise forbidden by law, the terms of the annexation | 9 | | agreement and the intentions of the parties to the annexation | 10 | | agreement may not be considered in determining compliance with | 11 | | this Code for annexation. | 12 | | (c) This Section is declarative of existing law and shall | 13 | | not be construed as a new enactment.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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