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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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