Full Text of HB1188 100th General Assembly
HB1188ham001 100TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing 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 | 8 | | 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
| 13 | | 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 |
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| 1 | | line agreement, nothing in this paragraph shall be
construed as | 2 | | a limitation on the power of any municipality to annex
| 3 | | territory. In arriving at an agreement for a jurisdictional | 4 | | boundary line,
the corporate authorities concerned shall give | 5 | | consideration to the natural
flow of storm water drainage, and, | 6 | | when practical, shall include all of any
single tract having | 7 | | common ownership within the jurisdiction of one
corporate | 8 | | authority. Such agreement shall not become effective until | 9 | | copies
thereof, certified as to adoption by the municipal | 10 | | clerks of the respective
municipalities, have been filed in the | 11 | | Recorder's Office and made available
in the office of the | 12 | | municipal clerk of each agreeing municipality.
| 13 | | Any agreement for a jurisdictional boundary line shall be | 14 | | valid for such
term of years as may be stated therein, but not | 15 | | to exceed 20 years, and if
no term is stated, shall be valid | 16 | | for a term of 20 years. The term of such
agreement may be | 17 | | extended, renewed or revised at the end of the initial or
| 18 | | extended term thereof by further agreement of the | 19 | | municipalities.
| 20 | | For territory located within 5 miles of the Midewin | 21 | | National Tallgrass Prairie, if one or more municipalities have | 22 | | agreed upon a jurisdictional boundary line and an application | 23 | | for annexation, zoning change, or a similar development request | 24 | | has been made by a third party to one of the municipalities | 25 | | that is a party to such an agreement or agreements, the | 26 | | agreement or agreements between each of the municipalities are |
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| 1 | | automatically extended for a period of 20 years from the date | 2 | | the application or development request is filed if: (1) there | 3 | | is less than 10 years remaining on a boundary agreement or | 4 | | agreements between municipalities as of the date the | 5 | | application or development request is filed; (2) the proposed | 6 | | development is in excess of 500 acres; and (3) the proposed | 7 | | development is located within 2 miles of any jurisdictional | 8 | | boundary line set forth in a boundary agreement or agreements | 9 | | or the proposed development would require annexing land that is | 10 | | designated to another municipality under an existing boundary | 11 | | agreement. | 12 | | In the absence of such agreement, the jurisdiction of any | 13 | | one of the
corporate authorities shall extend to a median line | 14 | | equidistant from its
boundary and the boundary of the other | 15 | | corporate authority nearest to the
boundary of the first | 16 | | corporate authority at any given point on the line.
| 17 | | On and after January 1, 2006, no corporate authority may | 18 | | enter into an agreement pursuant to this Section unless, not | 19 | | less than 30 days and not more than 120 days prior to formal | 20 | | approval thereof by the corporate authority, it shall have | 21 | | first provided public notice of the proposed boundary agreement | 22 | | by 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. | 3 | | The validity of a boundary agreement may not be legally | 4 | | challenged on the grounds that the notice as required by this | 5 | | Section was not properly given unless the challenge is | 6 | | initiated within 12 months after the formal approval of the | 7 | | boundary agreement.
| 8 | | An agreement that addresses jurisdictional boundary lines | 9 | | shall be entirely unenforceable for any party thereto that | 10 | | subsequently enters into another agreement that addresses | 11 | | jurisdictional boundary lines that is in conflict with any of | 12 | | the terms of the first agreement without the consent of all | 13 | | parties to the first agreement.
For purposes of this Section, | 14 | | it shall not be considered a "conflict" when a municipality | 15 | | that is a party to a jurisdictional boundary line agreement | 16 | | cedes property within its own jurisdiction to another | 17 | | municipality not a party to the same jurisdictional boundary | 18 | | line agreement. | 19 | | This amendatory Act of 1990 is declarative of the existing | 20 | | law and
shall not be construed to modify or amend existing | 21 | | boundary line
agreements, nor shall it be construed to create | 22 | | powers of a municipality not
already in existence.
| 23 | | Except for those provisions to take effect prospectively, | 24 | | this amendatory Act of the 94th General Assembly is declarative | 25 | | of existing law and shall not be construed to modify or amend | 26 | | existing boundary line agreements entered into on or before the |
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| 1 | | effective date of this amendatory Act, nor shall it be | 2 | | construed to create powers of a municipality not already in | 3 | | existence on the effective date of this amendatory Act. | 4 | | The changes made by this amendatory Act of the 100th | 5 | | General Assembly modify existing boundary line agreements and | 6 | | apply retroactively to applications for annexation, zoning | 7 | | change, or a similar development request made on or after | 8 | | January 1, 2017. | 9 | | (Source: P.A. 99-292, eff. 8-6-15.)".
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