Illinois General Assembly - Full Text of Public Act 094-0374
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Public Act 094-0374




Public Act 094-0374
HB2611 Enrolled LRB094 10978 AJO 41579 b

    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
    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, 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.
    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.
    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.
    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. 85-1209; 86-1169.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/29/2005