Rep. Anthony DeLuca

Filed: 3/29/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1188

2    AMENDMENT NO. ______. Amend House Bill 1188 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 11-12-9 as follows:
 
6    (65 ILCS 5/11-12-9)  (from Ch. 24, par. 11-12-9)
7    Sec. 11-12-9. If unincorporated territory is within one and
8one-half miles of the boundaries of two or more corporate
9authorities that have adopted official plans, the corporate
10authorities involved may agree upon a line which shall mark the
11boundaries of the jurisdiction of each of the corporate
12authorities who have adopted such agreement. On and after
13September 24, 1987, such agreement may provide that one or more
14of the municipalities shall not annex territory which lies
15within the jurisdiction of any other municipality, as
16established by such line. In the absence of such a boundary

 

 

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1line agreement, nothing in this paragraph shall be construed as
2a limitation on the power of any municipality to annex
3territory. In arriving at an agreement for a jurisdictional
4boundary line, the corporate authorities concerned shall give
5consideration to the natural flow of storm water drainage, and,
6when practical, shall include all of any single tract having
7common ownership within the jurisdiction of one corporate
8authority. Such agreement shall not become effective until
9copies thereof, certified as to adoption by the municipal
10clerks of the respective municipalities, have been filed in the
11Recorder's Office and made available in the office of the
12municipal clerk of each agreeing municipality.
13    Any agreement for a jurisdictional boundary line shall be
14valid for such term of years as may be stated therein, but not
15to exceed 20 years, and if no term is stated, shall be valid
16for a term of 20 years. The term of such agreement may be
17extended, renewed or revised at the end of the initial or
18extended term thereof by further agreement of the
19municipalities.
20    For territory located within 5 miles of the Midewin
21National Tallgrass Prairie, if one or more municipalities have
22agreed upon a jurisdictional boundary line and an application
23for annexation, zoning change, or a similar development request
24has been made by a third party to one of the municipalities
25that is a party to such an agreement or agreements, the
26agreement or agreements between each of the municipalities are

 

 

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1automatically extended for a period of 20 years from the date
2the application or development request is filed if: (1) there
3is less than 10 years remaining on a boundary agreement or
4agreements between municipalities as of the date the
5application or development request is filed; (2) the proposed
6development is in excess of 500 acres; and (3) the proposed
7development is located within 2 miles of any jurisdictional
8boundary line set forth in a boundary agreement or agreements
9or the proposed development would require annexing land that is
10designated to another municipality under an existing boundary
11agreement.
12    In the absence of such agreement, the jurisdiction of any
13one of the corporate authorities shall extend to a median line
14equidistant from its boundary and the boundary of the other
15corporate authority nearest to the boundary of the first
16corporate authority at any given point on the line.
17    On and after January 1, 2006, no corporate authority may
18enter into an agreement pursuant to this Section unless, not
19less than 30 days and not more than 120 days prior to formal
20approval thereof by the corporate authority, it shall have
21first provided public notice of the proposed boundary agreement
22by both of the following:
23        (1) the posting of a public notice for not less than 15
24    consecutive days in the same location at which notices of
25    village board or city council meetings are posted; and
26        (2) publication on at least one occasion in a newspaper

 

 

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1    of general circulation within the territory that is subject
2    to the proposed agreement.
3The validity of a boundary agreement may not be legally
4challenged on the grounds that the notice as required by this
5Section was not properly given unless the challenge is
6initiated within 12 months after the formal approval of the
7boundary agreement.
8    An agreement that addresses jurisdictional boundary lines
9shall be entirely unenforceable for any party thereto that
10subsequently enters into another agreement that addresses
11jurisdictional boundary lines that is in conflict with any of
12the terms of the first agreement without the consent of all
13parties to the first agreement. For purposes of this Section,
14it shall not be considered a "conflict" when a municipality
15that is a party to a jurisdictional boundary line agreement
16cedes property within its own jurisdiction to another
17municipality not a party to the same jurisdictional boundary
18line agreement.
19    This amendatory Act of 1990 is declarative of the existing
20law and shall not be construed to modify or amend existing
21boundary line agreements, nor shall it be construed to create
22powers of a municipality not already in existence.
23    Except for those provisions to take effect prospectively,
24this amendatory Act of the 94th General Assembly is declarative
25of existing law and shall not be construed to modify or amend
26existing boundary line agreements entered into on or before the

 

 

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1effective date of this amendatory Act, nor shall it be
2construed to create powers of a municipality not already in
3existence on the effective date of this amendatory Act.
4    The changes made by this amendatory Act of the 100th
5General Assembly modify existing boundary line agreements and
6apply retroactively to applications for annexation, zoning
7change, or a similar development request made on or after
8January 1, 2017.
9(Source: P.A. 99-292, eff. 8-6-15.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".