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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | changing Section 11-12-9 as follows:
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| 6 | (65 ILCS 5/11-12-9) (from Ch. 24, par. 11-12-9)
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| 7 | Sec. 11-12-9. If unincorporated territory is within one and | ||||||
| 8 | one-half miles
of the boundaries of two or more corporate | ||||||
| 9 | authorities that have adopted
official plans, the corporate | ||||||
| 10 | authorities involved may agree upon a line
which shall mark the | ||||||
| 11 | boundaries of the jurisdiction of each of the
corporate | ||||||
| 12 | authorities who have adopted such agreement. On and after
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| 13 | September 24, 1987, such agreement may provide that one or more | ||||||
| 14 | of the
municipalities shall not annex territory which lies | ||||||
| 15 | within the jurisdiction
of any other municipality, as | ||||||
| 16 | established by such line. In the absence of
such a boundary | ||||||
| 17 | line agreement, nothing in this paragraph shall be
construed as | ||||||
| 18 | a limitation on the power of any municipality to annex
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| 19 | territory. In arriving at an agreement for a jurisdictional | ||||||
| 20 | boundary line,
the corporate authorities concerned shall give | ||||||
| 21 | consideration to the natural
flow of storm water drainage, and, | ||||||
| 22 | when practical, shall include all of any
single tract having | ||||||
| 23 | common ownership within the jurisdiction of one
corporate | ||||||
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| 1 | authority. Such agreement shall not become effective until | ||||||
| 2 | copies
thereof, certified as to adoption by the municipal | ||||||
| 3 | clerks of the respective
municipalities, have been filed in the | ||||||
| 4 | Recorder's Office and made available
in the office of the | ||||||
| 5 | municipal clerk of each agreeing municipality.
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| 6 | Any agreement for a jurisdictional boundary line shall be | ||||||
| 7 | valid for such
term of years as may be stated therein, but not | ||||||
| 8 | to exceed 20 years, and if
no term is stated, shall be valid | ||||||
| 9 | for a term of 20 years. The term of such
agreement may be | ||||||
| 10 | extended, renewed or revised at the end of the initial or
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| 11 | extended term thereof by further agreement of the | ||||||
| 12 | municipalities.
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| 13 | In the absence of such agreement, the jurisdiction of any | ||||||
| 14 | one of the
corporate authorities shall extend to a median line | ||||||
| 15 | equidistant from its
boundary and the boundary of the other | ||||||
| 16 | corporate authority nearest to the
boundary of the first | ||||||
| 17 | corporate authority at any given point on the line.
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| 18 | On and after January 1, 2006, no corporate authority may | ||||||
| 19 | enter into an agreement pursuant to this Section unless, not | ||||||
| 20 | less than 30 days and not more than 120 days prior to formal | ||||||
| 21 | approval thereof by the corporate authority, it shall have | ||||||
| 22 | first provided public notice of the proposed boundary agreement | ||||||
| 23 | by both of the following: | ||||||
| 24 | (1) the posting of a public notice for not less than 15 | ||||||
| 25 | consecutive days in the same location at which notices of | ||||||
| 26 | village board or city council meetings are posted; and | ||||||
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| 1 | (2) publication on at least one occasion in a newspaper | ||||||
| 2 | of general circulation within the territory that is subject | ||||||
| 3 | to the proposed agreement. | ||||||
| 4 | The validity of a boundary agreement may not be legally | ||||||
| 5 | challenged on the grounds that the notice as required by this | ||||||
| 6 | Section was not properly given unless the challenge is | ||||||
| 7 | initiated within 12 months after the formal approval of the | ||||||
| 8 | boundary agreement.
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| 9 | An agreement that addresses jurisdictional boundary lines | ||||||
| 10 | shall be entirely unenforceable for any party thereto that | ||||||
| 11 | subsequently enters into another agreement that addresses | ||||||
| 12 | jurisdictional boundary lines that is in conflict with any of | ||||||
| 13 | the terms of the first agreement without the consent of all | ||||||
| 14 | parties to the first agreement.
For purposes of this Section, | ||||||
| 15 | it shall not be considered a "conflict" when a municipality | ||||||
| 16 | that is a party to a jurisdictional boundary line agreement | ||||||
| 17 | cedes property within its own jurisdiction to another | ||||||
| 18 | municipality not a party to the same jurisdictional boundary | ||||||
| 19 | line agreement. | ||||||
| 20 | This amendatory Act of 1990 is declarative of the existing | ||||||
| 21 | law and
shall not be construed to modify or amend existing | ||||||
| 22 | boundary line
agreements, nor shall it be construed to create | ||||||
| 23 | powers of a municipality not
already in existence.
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| 24 | Except for those provisions to take effect prospectively, | ||||||
| 25 | this amendatory Act of the 94th General Assembly is declarative | ||||||
| 26 | of existing law and shall not be construed to modify or amend | ||||||
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| 1 | existing boundary line agreements entered into on or before the | ||||||
| 2 | effective date of this amendatory Act, nor shall it be | ||||||
| 3 | construed to create powers of a municipality not already in | ||||||
| 4 | existence on the effective date of this amendatory Act. | ||||||
| 5 | (Source: P.A. 94-374, eff. 7-29-05.)
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| 6 | Section 99. Effective date. This Act takes effect upon | ||||||
| 7 | becoming law.
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