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90_SB0612eng
65 ILCS 5/2-3-5a from Ch. 24, par. 2-3-5a
Amends the Illinois Municipal Code. Provides that an
area of continuous territory may be incorporated as a village
by petition if the area (i) is located in a county with more
than 500,000 but fewer than 550,000 inhabitants, (ii) does
not exceed 5 square miles, (iii) has between 1,500 and 3,000
inhabitants, and (iv) is located within 15 miles of a county
with a population of more than 5,000,000. Provides that
consent does not need to be obtained from a municipality
located within one and one-half miles of the area. Effective
immediately.
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1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 2-3-5a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 2-3-5a as follows:
7 (65 ILCS 5/2-3-5a) (from Ch. 24, par. 2-3-5a)
8 Sec. 2-3-5a. Incorporation of village.
9 (a) Whenever in any county of 150,000 or more population
10 as determined by the last preceding federal census any area
11 of contiguous territory contains at least 4 square miles and
12 2500 inhabitants residing in permanent dwellings, that area
13 may be incorporated as a village if a petition filed by 250
14 electors residing within that area is filed with the circuit
15 clerk of the county in which such area is located addressed
16 to the circuit court for that county. The petition must set
17 forth:
18 (1) a legal description of the area intended to be
19 included in the proposed village,
20 (2) the number of residents in that area,
21 (3) the name of the proposed village, and
22 (4) a prayer that the question of the
23 incorporation of the area as a village be submitted to
24 the electors residing within the limits of the proposed
25 village.
26 If the area contains fewer than 7,500 residents and lies
27 within 1 1/2 miles of the limits of any existing
28 municipality, the consent of that municipality must be
29 obtained before the area may be incorporated.
30 (b) If, in a county having more than 350,000 but fewer
31 than 400,000 inhabitants as determined by the last preceding
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1 federal census, an area of contiguous territory contains at
2 least 3 square miles and 8,000 inhabitants residing in
3 permanent dwellings, that area may be incorporated as a
4 village in the same manner as is provided in subsection (a).
5 The consent of a municipality need not be obtained.
6 (c) If, in a county having more than 316,000 but fewer
7 than 318,000 inhabitants as determined by the last preceding
8 federal census, an area of contiguous territory that does not
9 exceed one square mile and between 1000 and 1500 inhabitants
10 residing in permanent dwellings, and is located within 10
11 miles of a county with a population of less than 150,000 as
12 determined by the last preceding federal census, that area
13 may be incorporated as a village in the same manner as is
14 provided in subsection (a). The consent of a municipality
15 need not be obtained.
16 (d) If an area of contiguous territory (i) is located in
17 a county having more than 500,000 but fewer than 550,000
18 inhabitants as determined by the last preceding federal
19 census, (ii) does not exceed 5 square miles, (iii) has
20 between 1,500 and 3,000 inhabitants residing in permanent
21 dwellings, and (iv) is located within 15 miles of a county
22 with a population of more than 5,000,000 as determined by the
23 last preceding federal census, then that area may be
24 incorporated as a village in the same manner as is provided
25 in subsection (a), provided that no tract of land in excess
26 of 10 acres in area may be included in the petition filed
27 with the circuit clerk of the county in which the area is
28 located without the express consent of the owner of the tract
29 of land. The consent of a municipality need not be obtained.
30 (Source: P.A. 88-572, eff. 8-11-94; 88-661, eff. 9-16-94;
31 89-388, eff. 1-1-96.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.
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