Territory of other governmental units in a district

Territory of other governmental units in a district. (a) Except as provided in subsection (b), if the proposed district's boundaries include territory of a governmental unit other than the governmental unit in which the petition was filed under Section 10, the governmental unit in which the petition was filed must enter into an intergovernmental agreement with the other governmental unit authorizing, on mutually agreed terms, the governmental unit in which the petition was filed to form or renew the district and to perform any action authorized under this Act. (b) If a petition under Section 10 is filed with the clerk of a municipality and the proposed district boundaries do not extend beyond the boundaries of the municipality, the municipality may form or renew the district without an intergovernmental agreement with a county or township that has territory within the municipality. If a petition under Section 10 is filed with the clerk of a township and the proposed district boundaries do not extend beyond the boundaries of the township, the township may form or renew the district without an intergovernmental agreement with the county in which the township lies, but the township must enter into an intergovernmental agreement with any municipality that has territory within the township. If a petition under Section 10 is filed with the clerk of a county and the proposed district boundaries are solely within the county, the county may form or renew the district without an intergovernmental agreement with any municipalities or townships with territory within the county. If a petition under Section 10 is filed with the clerk of a county and the proposed district boundaries includes portions of another county, the county in which the petition was filed must only enter into an intergovernmental agreement with the county or counties in which the other territory is situated in order to form or renew a district. (Source: P.A. 102-1127, eff. 2-10-23.)