Bill Text: IL HB2744 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Illinois Municipal Code. In a Section providing that an agreement that addresses jurisdictional boundary lines shall be entirely unenforceable for a party to the agreement that subsequently enters into another agreement that addresses jurisdictional boundary lines that is in conflict with any of the terms of the first agreement without the consent of all parties to the first agreement, provides that it shall not be considered a conflict when a municipality that is a party to a jurisdictional boundary line agreement cedes property within its own jurisdiction to another municipality not a party to the same jurisdictional boundary line agreement. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-08-06 - Public Act . . . . . . . . . 99-0292 [HB2744 Detail]
Download: Illinois-2015-HB2744-Chaptered.html
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| Public Act 099-0292 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 11-12-9 as follows:
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(65 ILCS 5/11-12-9) (from Ch. 24, par. 11-12-9)
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Sec. 11-12-9. If unincorporated territory is within one and | ||||
one-half miles
of the boundaries of two or more corporate | ||||
authorities that have adopted
official plans, the corporate | ||||
authorities involved may agree upon a line
which shall mark the | ||||
boundaries of the jurisdiction of each of the
corporate | ||||
authorities who have adopted such agreement. On and after
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September 24, 1987, such agreement may provide that one or more | ||||
of the
municipalities shall not annex territory which lies | ||||
within the jurisdiction
of any other municipality, as | ||||
established by such line. In the absence of
such a boundary | ||||
line agreement, nothing in this paragraph shall be
construed as | ||||
a limitation on the power of any municipality to annex
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territory. In arriving at an agreement for a jurisdictional | ||||
boundary line,
the corporate authorities concerned shall give | ||||
consideration to the natural
flow of storm water drainage, and, | ||||
when practical, shall include all of any
single tract having | ||||
common ownership within the jurisdiction of one
corporate | ||||
authority. Such agreement shall not become effective until | ||
copies
thereof, certified as to adoption by the municipal | ||
clerks of the respective
municipalities, have been filed in the | ||
Recorder's Office and made available
in the office of the | ||
municipal clerk of each agreeing municipality.
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Any agreement for a jurisdictional boundary line shall be | ||
valid for such
term of years as may be stated therein, but not | ||
to exceed 20 years, and if
no term is stated, shall be valid | ||
for a term of 20 years. The term of such
agreement may be | ||
extended, renewed or revised at the end of the initial or
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extended term thereof by further agreement of the | ||
municipalities.
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In the absence of such agreement, the jurisdiction of any | ||
one of the
corporate authorities shall extend to a median line | ||
equidistant from its
boundary and the boundary of the other | ||
corporate authority nearest to the
boundary of the first | ||
corporate authority at any given point on the line.
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On and after January 1, 2006, no corporate authority may | ||
enter into an agreement pursuant to this Section unless, not | ||
less than 30 days and not more than 120 days prior to formal | ||
approval thereof by the corporate authority, it shall have | ||
first provided public notice of the proposed boundary agreement | ||
by both of the following: | ||
(1) the posting of a public notice for not less than 15 | ||
consecutive days in the same location at which notices of | ||
village board or city council meetings are posted; and | ||
(2) publication on at least one occasion in a newspaper | ||
of general circulation within the territory that is subject | ||
to the proposed agreement. | ||
The validity of a boundary agreement may not be legally | ||
challenged on the grounds that the notice as required by this | ||
Section was not properly given unless the challenge is | ||
initiated within 12 months after the formal approval of the | ||
boundary agreement.
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An agreement that addresses jurisdictional boundary lines | ||
shall be entirely unenforceable for any party thereto that | ||
subsequently enters into another agreement that addresses | ||
jurisdictional boundary lines that is in conflict with any of | ||
the terms of the first agreement without the consent of all | ||
parties to the first agreement.
For purposes of this Section, | ||
it shall not be considered a "conflict" when a municipality | ||
that is a party to a jurisdictional boundary line agreement | ||
cedes property within its own jurisdiction to another | ||
municipality not a party to the same jurisdictional boundary | ||
line agreement. | ||
This amendatory Act of 1990 is declarative of the existing | ||
law and
shall not be construed to modify or amend existing | ||
boundary line
agreements, nor shall it be construed to create | ||
powers of a municipality not
already in existence.
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Except for those provisions to take effect prospectively, | ||
this amendatory Act of the 94th General Assembly is declarative | ||
of existing law and shall not be construed to modify or amend | ||
existing boundary line agreements entered into on or before the | ||
effective date of this amendatory Act, nor shall it be | ||
construed to create powers of a municipality not already in | ||
existence on the effective date of this amendatory Act. | ||
(Source: P.A. 94-374, eff. 7-29-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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