SB0611 94TH GENERAL ASSEMBLY

LRB094 10667 LJB 41028 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0611

Introduced 2/18/2005, by Sen. Terry Link - Wendell E. Jones

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-12-9

from Ch. 24, par. 11-12-9

Amends the Illinois Municipal Code. Prohibits the corporate authorities of a municipality from entering into a jurisdictional boundary line agreement unless written notice is provided to the owners of all property affected by the proposed agreement.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Section 11-12-9 as follows:

(65 ILCS 5/11-12-9) (from Ch. 24, par. 11-12-9)

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 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 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.

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 extended term thereof by further agreement of the municipalities.

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.

On and after January 1, 2006, no corporate authority may enter into an agreement pursuant to this Section unless, no less than 30 days and no more than 120 days prior to formal approval thereof by the corporate authority, it shall have first provided written notice by registered mail, return receipt requested, to the owners as reflected in the authenticated tax records of the County, of all property affected by the proposed agreement. Each municipality shall be responsible for notifying the property owners within its proposed jurisdiction.

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.

(Source: P.A. 85-1209; 86-1169.)