Full Text of HB5195 95th General Assembly
HB5195eng 95TH GENERAL ASSEMBLY
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HB5195 Engrossed |
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LRB095 14866 HLH 40807 b |
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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 | 5 |
| 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 3 one | 8 |
| and 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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| 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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| 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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HB5195 Engrossed |
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LRB095 14866 HLH 40807 b |
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| 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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| 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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| extended term thereof by further agreement of the | 12 |
| municipalities.
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| 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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| 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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LRB095 14866 HLH 40807 b |
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| (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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| 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.
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| This amendatory Act of 1990 is declarative of the existing | 16 |
| law and
shall not be construed to modify or amend existing | 17 |
| boundary line
agreements, nor shall it be construed to create | 18 |
| powers of a municipality not
already in existence.
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| Except for those provisions to take effect prospectively, | 20 |
| this amendatory Act of the 94th General Assembly is declarative | 21 |
| of existing law and shall not be construed to modify or amend | 22 |
| existing boundary line agreements entered into on or before the | 23 |
| effective date of this amendatory Act, nor shall it be | 24 |
| construed to create powers of a municipality not already in | 25 |
| existence on the effective date of this amendatory Act. | 26 |
| (Source: P.A. 94-374, eff. 7-29-05.)
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