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91_HB0390eng
HB0390 Engrossed LRB9100151PTdv
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 2-3-5 and the Division 96 heading and adding Section
3 11-96-5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Municipal Code is amended by
7 changing Section 2-3-5 and the Division 96 heading and adding
8 Section 11-96-5 as follows:
9 (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
10 Sec. 2-3-5. Whenever in any county of less than 150,000
11 population as determined by the last preceding federal
12 census, any area of contiguous territory, not exceeding 2
13 square miles, not already included within the corporate
14 limits of any municipality, has residing thereon at least 200
15 inhabitants living in dwellings other than those designed to
16 be mobile, and is owned by at least 30 different owners, it
17 may be incorporated as a village as follows:
18 35 electors residing within the area may file with the
19 circuit clerk of the county in which such area is situated a
20 petition addressed to the circuit court for that county.
21 The petition shall set forth (1) a definite description
22 of the lands intended to be embraced in the proposed village,
23 (2) the number of inhabitants residing therein, (3) the name
24 of the proposed village, and (4) a prayer that a question be
25 submitted to the electors residing within the limits of the
26 proposed village whether they will incorporate as a village
27 under this Code.
28 If the area contains fewer than 7,500 residents and lies
29 within 1 1/2 miles of the boundary line of any existing
30 municipality, the consent of the existing municipality must
31 be obtained before the area may be incorporated. No area in a
HB0390 Engrossed -2- LRB9100151PTdv
1 county with a population of 150,000 or more that is
2 incorporating under the provisions of this Section shall need
3 to obtain the consent of any existing municipality before the
4 area may be incorporated.
5 In addition, any contiguous territory in a county of
6 150,000 or more population which otherwise meets the
7 requirements of this Section may be incorporated as a village
8 pursuant to the provisions of this Section if (1) any part of
9 such territory is situated within 10 miles of a county with a
10 population less than 150,000 and a petition is filed pursuant
11 to this Section before January 1, 1991 or (2) any part of the
12 territory is situated within 25 miles of the Illinois state
13 line in a county having a population, according to the 1990
14 federal decennial census, of at least 150,000 but less than
15 185,000 and a petition is filed pursuant to this Section
16 before January 1, 1998.
17 In addition, contiguous territory not exceeding 2 square
18 miles in a county with a population of not less than 300,000
19 and not more than 350,000 that otherwise meets the
20 requirements of this Section may be incorporated as a village
21 pursuant to the provisions of this Section if (1) any part of
22 the territory is situated within 2 miles of a county with a
23 population of less than 150,000 and (2) a petition is filed
24 in the manner provided in this Section before January 1, 2001
25 2000. The requirements of Section 2-3-18 concerning
26 compatibility with the official plan for development of the
27 county shall not apply to any territory seeking incorporation
28 under this paragraph.
29 (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.)
30 (65 ILCS 5/Div. 96 heading)
31 DIVISION 96. JOINT OWNERSHIP OF PROPERTY OF
32 MUNICIPALITIES AND WITH PARK DISTRICTS
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1 (65 ILCS 5/11-96-5 new)
2 Sec. 11-96-5. Municipal and park district tax.
3 (a) If property within a municipality also lies within a
4 park district and the same property is being taxed for park
5 or recreation purposes by both the municipality and the park
6 district, then the corporate authorities of the municipality
7 may adopt an ordinance or resolution to pay all or part of
8 the park district tax for the property according to
9 subsection (b). If the corporate authorities of a
10 municipality adopt a resolution or ordinance under this
11 Section, then the corporate authorities shall certify the
12 action to the county clerk.
13 (b) Before the county clerk extends the tax levy of the
14 park district, the corporate authorities of the municipality
15 may order the municipal treasurer to pay a specified amount
16 into a special abatement fund held by the county treasurer.
17 The county clerk shall then abate the park district tax
18 extension on the property within the municipality by the
19 amount in the abatement fund by apportioning the abatement
20 amount for each parcel of property according to the assessed
21 value as equalized by the board of review and Department of
22 Revenue. The county treasurer shall then pay the money in
23 the abatement fund to the park district. If the amount in
24 the abatement fund is more than the amount of the current tax
25 levy extended on the property, then the county treasurer
26 shall return the surplus amount to the municipal treasurer.
27 (c) For the purposes of the Property Tax Extension
28 Limitation Law, the amount of the extension abatement shall
29 continue to be included in the park district's aggregate
30 extension base.
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.
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