Public Act 094-0023
 		





HB1157 Enrolled
LRB094 07443 AJO 37606 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 2-3-5a as follows:
 



    (65 ILCS 5/2-3-5a)  (from Ch. 24, par. 2-3-5a)



    Sec. 2-3-5a. Incorporation of village. 

    (a) Whenever in any county of 150,000 or more population as 
determined by
the last preceding federal census any area of 
contiguous territory contains
at least 4 square miles and 2500 
inhabitants residing in permanent
dwellings, that area may be 
incorporated as a village if a petition filed
by 250 electors 
residing within that area is filed with the circuit clerk
of 
the county in which such area is located addressed to the 
circuit court
for that county.  The petition must set forth:


        (1) a legal description of the area intended to be 
    included
in the proposed village,


        (2) the number of residents in that area,


        (3) the name of the proposed village, and


        (4) a prayer that the question of the incorporation of 
    the
area as a village be submitted to the electors residing 
    within the limits of
the proposed village.

    If the area contains fewer than 7,500 residents and lies 
within 1 1/2 miles
of the limits of any existing municipality, 
the consent of that municipality
must be obtained before the 
area may be incorporated.

    (b) If, in a county having more than 240,000 but fewer than

400,000
inhabitants as determined by the last preceding federal 
census, an area of
contiguous territory contains at least 3 
square miles and 5,000
inhabitants
residing in permanent 
dwellings, that area may be incorporated as a village in
the 
same manner as is provided in subsection (a).  The consent of a

municipality need not be obtained.

    (c) If, in a county having more than 316,000 but fewer than 
318,000
inhabitants as determined by the last preceding federal 
census, an area of
contiguous territory that does not exceed 
one square mile and between 1000 and
1500 inhabitants residing 
in permanent dwellings, and is located within 10
miles of a 
county with a population of less than 150,000 as determined by 
the
last preceding federal census, that area may be 
incorporated as a village in
the same manner as is provided in 
subsection (a). The consent of a municipality
need not be 
obtained.

    (d) If, in a county having more than 400,000 but fewer than 
410,000 inhabitants, as determined by the last preceding 
federal census, an area of contiguous territory not exceeding 
one square mile contains at least 400 inhabitants residing in 
permanent dwellings and is located in a township adjacent to a 
county of less than 150,000 inhabitants, as determined by the 
last preceding federal census, then that area and the area 
adjacent thereto and also within such township, not exceeding, 
however, 4 square miles in total, may be incorporated as a 
village in the same manner as provided in subsection (a). 
Neither the consent of a municipality nor the finding of the 
county board under Section 2-3-18, if otherwise applicable, 
need be obtained.

(Source: P.A. 91-680, eff. 6-1-00.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.